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HomeMy WebLinkAbout2004-012 - Construction Contract with Dennis Johnson Construction.., _ a BILL NO.2004-12 ORDINANCE N0.2004-12 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH DENNIS JOHNSON CONSTRUCTION, INC. FOR THE NW GATEWAY STORM SEWER AND SILL CONSTRUCTION IN THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of a contractor to perform construction services in connection with the upper Gateway Street Improvement project and; WHEREAS, the City advertised and received multiple bids for the upper Gateway Street Improvement project, and WHEREAS, at its January 20, 2004, meeting the City's Board of Aldermen did approve the bid of $170,170.00 for the construction services; and WHEREAS, DENNIS JOHNSON CONSTRUCTION, INC. has provided the City with a contract detailing the costs and services approved by the City. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri as follows: Section 1. The City of Riverside shall employ DENNIS JOHNSON CONSTRUCTION, INC. to perform the construction services, and shall pay to DENNIS JOHNSON CONSTRUCTION, INC. an amount not to exceed $170,170.00 for such construction services which are described in the bid form attached hereto as Exhibit A (the Bid Form"). Section 2. The contract, in substantially the form attached hereto as Exhibit A, and payment by the City for the construction services described therein, is approved, and the Mayor is authorized to take such actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and a8er its passage and approval. Passed this 3rd day of February, 2004. A TES ~ Clerk Mayor r r't T t~. e Client Name: RIVERSIDE, MISSOURI coPY Page 1 of 16 AGREEMENT FOR PROFESSIONAL ENG RING SERVICES 2004, by and between the THIS AGREEMENT made as of th~ day of City of Riverside, Missouri, its successors and assigns, hereinafter cane CLIENT, and Affmis Corp., a Missouri Corporation, hereinafter called the CONSULTANT. WITNESSETH, that whereas the CLIENT intends to construct certain improvements as described below, hereinafter called the PROJECT, consisting of the following: West Platte Road Bridge over Line Creek including 400 linear feet of approach roadway and associated appurtenances. AND WHEREAS the CLIENT is authorized and empowered to contract with the CONSULTANT for the purpose of designing and furnishing other related engineering services in connection with the PROJECT, and necessary funds for payment of said services are available. NOW THEREFORE, the CLIENT and the CONSULTANT in consideration of their mutual covenants herein agree in respect to the performance of professional engineering services by the CONSULTANT and the payment for those services by the CLIENT, as set forth below. The CONSULTANT will serve as the CLIENT'S professional engineering representative in those phases of the PROJECT to which this AGREEMENT applies and will give consultation and advice to the CLIENT during the performance of its services. Part A-CONSULTANT'S Responsibilities The CLIENT and CONSULTAN'T' have agreed to a list of Basic Engineering Services the CONSULTANT will provide to the CLIENT as outlined in EXHIBIT A of this AGREEMENT. part B-CLIENT'S Responsibilities The CLIENT shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1. Designate in writing a person to act, as CLIENT's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret and define CLIENT' s policies and decisions with respect to CONSULTANT'S services for the PROJECT. 2. Provide all criteria and full information as to CLIENT'S requirements for the PROJECT, including design objectives and constraints, space, capacity and performance requirements, and any budgetary limitations. 3. Assist CONSULTANT by placing at CONSULTANT'S disposal all available information pertinent to the PROJECT including previous reports and any other data relative to design or construction of the PROJECT. 4. Furnish to CONSULTANT, as required for performance of CONSULTANT'S Basic Scope of Services (except to the extent provided otherwise in Part A), the following: ~y Page 2 of 16 • data prepared by or services of others, including without limitation borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; • appropriate professional interpretations of all of the foregoing: • environmental assessment and impact statements; • property, boundary, easement, right-of--way, topographic and utility surveys; • property descriptions; • zoning, deed and other land use restriction all of which CONSULTANT may use and rely upon in performing services under this AGREEMENT. CONSULTANT shall advise CLIENT of the need for or advisability of any of the foregoing. 5. Arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this AGREEMENT. 6. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor and other consultants as CLIENT deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. 7. Furnish approvals and permits from regulatory and governmental authorities having jurisdiction over the PROJECT as well as such approvals and consents from others as may be necessary for completion of the PROJECT. 8. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the PROJECT; such legal services as CLIENT may require with regard to legal issues pertaining to the PROJECT including any that may be raised by Contractor(s); such auditing service as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract; and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 9. Give prompt written notice to CONSULTANT whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services, or any defect ornon-conformance in the work of any Contractor. Part C-Additional Services of the CONSULTANT If mutually agreed to in writing by the CLIENT and CONSULTANT, the CONSULTANT will furnish or obtain from others additional services. EXHIBIT B provides a list of possible additional services that can be provided but are not part of the CONSULTANT's Basic Engineering Services. The CONSULTANT can provide such additional services or the CONSULTANT, if necessary, can arrange to obtain such services for CLIENT. Compensation for additional services will be as outlined in Part E of this AGREEMENT. Part D-Timeliness of Performance CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the PROJECT. The schedule for the performance of . . Page 3 of 16 CONSULTANT'S services is set forth in EXHIBIT C hereto. CONSULTANT shall not, except for reasonable cause, exceed time limits established by this schedule. Part )rPayment to the CONSULTANT for Services Rendered The CLIENT will pay the CONSULTANT for all services rendered hereunder as follows: Compensation for Basic Engineering Services as described in EXHIBIT A shall be on the basis of actual time multiplied by the CONSULTANT'S hourly billing rates shown in EXHIBIT D plus reimbursable expenses. Maximum compensation shall not exceed One hundred, twelve thousand dollars and no cents ($112,000), including reimbursable expenses. Reimbursable expenses include transportation expenses in connection with the Project, printing and reproduction costs, postage and facsimile transmissions, total station and GPS survey equipment costs. If Additional Services are required and approved by the CLIENT, the cost for such additional services shall be paid based on the CONSULTANT'S billing rate schedule attached as EXHIBIT D, or compensation shall be negotiated for such services and the fee shall be increased. CONSULTANT shall bill the CLIENT no more than monthly based on labor hours and expenses incurred.- The maximum not to exceed fee shall not be exceeded unless authorized in writing by supplemental agreement between the CLIENT and CONSULTANT. In the event payment is not made within 45 days, interest at the rate of 1-1/2% per month will be charged on the unpaid balance. Part F-General Consideration 1. Standard of Care Services provided by the CONSULTANT under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 2. Insurance CONSULTANT shall maintain, at CONSULTANT'S expense, the following insurance coverages and limits without interruption from the date of commencement of services under this AGREEMENT until final completion of all services under this AGREEMENT (or for such longer period as may be specified below for specific coverage) and shall, prior to the commencement of services under this AGREEMENT, provide CLIENT with copies of policies and Certificates of Insurance naming CLIENT, Mayor, Board of Alderman and City Administrator, as additional insured's on all required coverages (except professional liability and workers' compensation). A Certificate of Insurance is attached as EXHIBIT E. a. PROFESSIONAL LIABILITY OR ERRORS AND OMISSIONS , .~. ... i n m 1' i 0 '1 7 1[ Page 4 of 16 Each Claim Annual Aggregate Specific Project Excess Endorsement: Each Claim Aggregate $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 Specific Project Excess Limits shall apply only to claims arising out of the PROJECT and only in the event that the limits of CONSULTANT'S general professional liability or errors and omissions insurance have been exhausted by payments either for the PROJECT or for any other covered claim. For each 12-month period beginning on any January 21, during any part of which CONSULTANT is required by this agreement or directed by CLIENT to bind or maintain the Specific Project Excess Endorsement, CLIENT shall reimburse CONSULTANT the actual premium charged to CONSULTANT for the Specific Project Excess Endorsement. CLIENT shall pay CONSULTANT within 30 days of being presented with an invoice from CONSULTANT, supported by an invoice to CONSULTANT for the premium for the Specific Project Excess Endorsement. Reimbursement of the premium for the Specific Project Excess Endorsement shall not be subject to the maximum compensation stated in Part E of this agreement. The professional liability or errors and omissions insurance shall not have a deductible greater than $50,000.00 and shall be maintained in full force and effect for a period of two years following substantial completion, if such coverage is reasonably available at commercially affordable premiums. For the purpose of this AGREEMENT "reasonably available" and "commercially affordable" shall mean that more than half of the engineers practicing in Missouri in this discipline are able to obtain such coverage. Any retroactive date or prior acts exclusion to which the coverage is subject shall predate both the commencement of services under this AGREEMENT and the date of this AGREEMENT. b. COMMERCIAL GENERAL LIABILITY Each Occurrence $1,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 General Aggregate $2,000,000.00 Each policy shall include the following coverages: blanket contractual liability, products/completed operations, personal/advertising injury, broad form property damage, independent contractors, explosion, collapse, and underground damage. c. AUTOMOBILE LIABILTTY The policy shall protect CONSULTANT and CLIENT against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non- owned vehicle and must include protection for any auto or all owned autos, hired autos and non- owned autos. Limits: Each accident, combined single limits, bodily injury and property damage: $1,000,000.00. d. WORKERS' COMPENSATION Page 5 of 16 This insurance shall protect CONSULTANT against all claims under applicable state Workers' Compensation laws. CONSULTANT and CLIENT also shall be protected against claims for injury, disease or death of employees, which for any reason, may not fall within the provisions of a workers' compensation law. The policy limits shall be not less than the following: Workers' Compensation Employer's Liability Bodily Injury by accident Bodily Injury by disease Bodily Injury by disease Statutory $500,000.00 each accident $500,000.00 policy $100,000.00 each employee All insurance shall be maintained with an insurer acceptable to CLIENT and having a minimum financial rating not lower than "B+XP' in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, except for the Professional Liability coverage, which may be on a claims-made basis. All policies and Certificates of Insurance shall. expressly provide no less than 30 days prior written notice to CLIENT in the event of cancellation, expiration, or non-renewal contained in the policy or evidenced by such Certificate of Insurance. 3. Termination This AGREEMENT may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. This AGREEMENT also may be terminated by CLIENT upon seven days' written notice, without regard to any fault of failure to perform by any party, and solely for CLIENT'S convenience. In the event of such termination, CONSULTANT shall be paid for services performed prior to termination and, in addition, shall be reimbursed for expenses that are directly attributable to termination, and CLIENT shall have no further liability for compensation, expenses, or fees to CONSULTANT. In the event of any termination of this AGREEMENT, CONSULTANT consents to CLIENT'S selection of other engineers or other design professionals of CLIENT'S choice to assist CLIENT in any way in completing the PROJECT. CONSULTANT further agrees to cooperate and provide any information requested by CLIENT in connection with completion of the PROJECT. Any services provided by CONSULTANT that are requested by CLIENT after termination shall be compensated by CLIENT in accordance with the rates set forth in EXHIBIT D. 4. Successors and Assigns The CLIENT and the CONSULTANT each bind itself and its partners, successors, executors, administrators and assigns to the other party of this AGREEMENT and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this AGREEMENT; except as above, neither the CLIENT nor the CONSULTANT will assign, sublet or transfer its interest in this AGREEMENT without written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the CLIENT and the CONSULTANT. l .r ... i 1 n n` i` ~ I .i T I~ Page 6 of 16 5. Controlling Law This AGREEMENT is to be governed by the laws of the State of Missouri. 6. Codes and Standard Compliance CONSULTANT shall respond in the final plans and specifications to applicable codes, ordinances, statutes, regulations, laws, and other requirements imposed by governmental authorities having jurisdiction over the PROJECT. Providing fmal plans and specifications shall constitute a representation by CONSULTANT that CONSULTANT has informed CLIENT of any tests, analyses, studies, reports, or consultant's services that are necessary or advisable to be performed or obtained by or for CLIENT as of that time. If enactment or revision of any such code, ordinance, statute, regulation, law, or other requirement after the date of the signing of this agreement necessitates a net increase in the actual time required of or reimbursable expenses incurred by CONSULTANT, then the maximum compensation stated in Part E of this agreement shall be increased by an amount equal to CONSULTANT'S charges for such additional time and expenses, based on the billing rate schedule attached as EXHIBIT D, but only if CONSULTANT notifies CLIENT of the enactment or revision and the estimated amount of the CONSULTANT'S charges for the additional time and expenses before the charges are incurred and CLIENT authorizes the charges in writing. 7. Use of Consultant's Plans, Specifications and Other Documents The plans, specification, and other documents prepared by CONSULTANT for this PROJECT are instruments of CONSULTANT'S service for use solely with respect to this PROJECT and, unless otherwise provided, CONSULTANT shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright. CLIENT shall be permitted to retain copies, including reproducible copies, of CONSULTANT'S plans, specifications, and other documents and electronic data for information and reference in connection with CLIENT'S use and occupancy of the PROJECT. CONSULTANT grants an irrevocable license to CLIENT to use plans, specifications, and other documents and electronic data furnished by CONSULTANT for completion of the PROJECT, in the event that CONSULTANT is terminated for any reason, as well as for any additions, alterations, or other work to the PROJECT. This license is for the benefit of CLIENT and its assigns and permits CLIENT to retain other engineers and other design professionals who may use the plans, specification, and other documents and electronic data for such purposes. CLIENT agrees to hold harmless and indemnify CONSULTANT against all damages, claims, and losses, (including attorney's fees and defense costs) arising out of CLIENT'S use of any such plans, specifications, or other documents for any other purpose without the written authorization of CONSULTANT. 8. Opinion of Probable Construction Cost Since the CONSULTANT has no control over the cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable cost for the PROJECT provided for herein are to be made on the basis of his experience and qualifications and represents his best judgment as a CONSULTANT familiar with the construction industry, but the CONSULTANT cannot and does not guarantee that proposals, bids or the PROJECT construction cost will not vary from opinions prepared by him or her. 9. Jobsite Safety The CONSULTANT will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction work. Page 7 of 16 10. Dispute Resolution All questions in dispute under this AGREEMENT shall be submitted to non-binding mediation. On written notice of either party to the other of the decision to submit any dispute under this AGREEMENT to mediation, each party shall designate a representative and shall meet within five (5) days after the service of the notice. The parties themselves shall attempt to resolve the dispute within ten (10) days after meeting. Should the parties themselves be unable to agree on a resolution of the dispute, then the parties shall appoint a third party, who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. Any third party mediator designated to serve in accordance with the provisions of this AGREEMENT shall be disinterested, shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction process. The procedure outlined in this Section is an "informal" process aimed at resolving disputes between the parties to the AGREEMENT as expeditiously as possible. In the event of litigation between CLIENT and CONSULTANT concerning the PROJECT or this AGREEMENT, the prevailing party shall be entitled to recover its reasonable attorney fees, costs, and expenses from the other party arising from such litigation. 11. Information Provided by Others The CONSULTANT shall indicate to the CLIENT the information needed for rendering - of services hereunder. The CLIENT shall provide to the CONSULTANT such information as is available to the CLIENT and the CLIENT'S consultants and contractors, and the CONSULTANT shall be entitled to-rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is impossible for the CONSULTANT to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling the information the CLIENT is providing. Accordingly the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT and the CONSULTAN'I"s subconsultants from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from errors, omission or inaccuracies in documents or other information provided by the CLIENT to the CONSULTANT, but not to the extent that CONSULTANT knew, or in the exercise of reasonable diligence should have known, of such errors, omissions, or inaccuracies. 12. Limitation of Liability Recovery of damages against CONSULTANT by CLIENT on a claim covered by insurance required by this AGREEMENT to be maintained by CONSULTANT shall be limited to an amount equal to the greater of (a) the required limits of such insurance stated in this AGREEMENT or (b) the actual limits of such insurance available for payment of the claim. This limitation on recovery of damages by CLIENT shall apply only if (c) CONSULTANT'S insurer pay(s) to CLIENT the amount specified in the immediately preceding sentence, less the amount of any applicable deductible and (d) CONSULTANT pays to CLIENT any applicable deductible amount. CLIENT shall have no obligation to take any action whatsoever or incur any expense whatsoever to persuade or compel any insurer to make any payment. r •r 7 1 n 1~~ 1 ~ I I ~f Page 8 of 16 l3. Shop Drawine Review The CONSULTANT shall review Contractor submittals, such as shop drawings, product data, samples and other data, as required by the CONSULTANT, but only for the limited purpose of checking for conformance with the design concept and the information expressed in the Contract Documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights and gauges, fabrication processes, construction means and methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the contractor. The CONSULTANT's review shall be conducted with reasonable promptness while allowing sufficient time in the CONSULTANT's judgment to permit adequate review. The CONSULTANT shall not be responsible for any deviations from the Contract Documents not brought to the attention of the CONSULTANT in writing by the contractor. 14. Record Documents Upon completion of the construction work, the CONSULTANT shall compile for and deliver to the CLIENT a set of record documents conforming to the marked-up prints, drawings and other data furnished to the CONSULTANT by the Contractor. This set of record documents will show the reported location of the work and significant changes made during the construction process. Because these record documents are based on unverified information provided by other parties, which will be assumed reliable, the CONSULTANT cannot and does not warrant their accuracy. 1N WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the day and year first above written. AFFINIS By . Title ATTEST: CTTY OF RIVERSIDE, MISSOURI BY ~~y Title ATTE City Clerk Approved as to form: City Attorney Client Name: RIVERSIDE, MISSOURI Page 9 of 16 EXHIBIT A Basic Engineering Services for West Platte Road Bridge over Line Creek Project description: The project consists of the design of the West Platte Road Bridge over Line Creek including approximately 400 linear foot of approach roadway. Bridge roadway section will be 28'-0" from inside-to-inside of bridge rail with afive-foot sidewalk. The approach roadway section will be 28'- 0"back-to-back of two-foot curb and gutter with afive-foot sidewalk abutting the south curb. The feasibility study and concept development phase were completed under a separate contract. 1.0 PRELIMINARY PLAN PHASE 1_1 Collaboration with Corps of Engineers and other critical stakeholders We will begin coordination with the Corps of Engineers, identifying their design parameters. In addition, we will actively collaborate with the levee contractor and contractor's design engineer to coordinate the bridge and roadway design and construction with the stop log closure design and construction. Collaboration meetings will be scheduled, as needed, to review design progress and allow for informal, over-the- shoulder reviews by the Corps. - 1_2 Field Survev 1.2.1 We will provide design surveys using the existing horizontal and vertical datum for the Corps of Engineers' L-385 levee project. 1.2.2 The City will obtain any right. of entry required to complete the .design surveys. 1.2.3 We will provide property information on the base map including property lines, owners, and easements. 1.2.4 We will send a letter to utility companies to inform them of the project and solicit information about facilities within the project limits. 1_3 Base map preparation A base map of the construction area will be prepared at a scale of 1" = 20'. AutoCAD 2000 and EaglePoint will be used for the drafting and design. Affmis' CADD library and layering system will be used. 1.4 Ownership information Existing right-of--way, easements, and property lines will be plotted and property owners will be identified on the base map. 1_5 Geotechnical investigation In the vicinity of the project site, our. engineers and geotechnical consultant will review the Corps boring logs and pile test results from the L-3851evee project. It is assumed this information will be adequate for determining the appropriate bridge foundation and foundation bearing elevations. If a subsurface investigation is needed, it can be provided as an additional service. 1_6 Scour review Using available information from the Corps, a scour analysis will be conducted and design for scour protection of the bridge foundation system provided. Where appropriate design measures for Line Creek to mitigate the affects of the bridge on the streambed. 1_7 Permits We will prepare applications for the Corps of Engineers, Missouri DNR, and NPDES permits for Line Creek. The applications will be forwarded to the City for signatures and submittal. Page 10 of 16 l_8 Preliminary plan preparation Preliminary plans will be prepared that include: 1.8.1 Cover sheet 1.8.2 Roadway typical sections l .8.3 Plan and profile sheets l .8.4 Storm sewer profiles l .8.5 Intersection layout and details 1.8.6 Entrance plans and details 1.8.7 Bridgeplans 1.8.7.1 Construction layout 1.8.7.2 Geology 1.8.7.3 Substructure details 1.8.7.4 Superstructure details 1.8.7.5 Bridge rail details 1.8.8 Preliminary traffic handling plan 1.8.9 Drainage area map 1.8.10 Cross sections 1.9 Plan submittal Preliminary plans will be forwarded to utility companies for review. Also, plans and an opinion of probable construction cost will be submitted to the City, levee district, and the Corps for review. 1.10 Utilitv coordination A meeting will be scheduled with the utility companies to identify conflicts, resolve conflicts (if possible), and identify relocations. 1.11 Field check review Once comments are received from the City, levee district, and the Corps, a field check meeting will be conducted. The meeting will include City staff, Corps of Engineers, levee district and, if available, regulatory agencies. 2.0 RIGHT-OF-WAY PLAN PHASE 2_1 Prepare right-of-wav plans The preliminary plans will be revised according to review comments. Right-of--way plans will identify the need for new right-of--way and construction easements. 2.2 Legal descriptions Legal descriptions will be written and delivered to the City for their use in negotiations. 2_3 Strip mans and tract mans We will prepare a right of way strip map for the project as well as 8-1/2" by 11" tract maps for each property. 2.4 Plan submittal Right-of--way plans will be submitted to the City and levee district for review. 3.0 FINAL DESIGN PHASE 3_1 Utilitv coordination meeting A second utility meeting will be held to discuss and confirm utility relocation schedules. 3_2 Final plans Final plans will be prepared. Revisions will be made to address comments from the right-of--way plan review. Plan sets will be prepared in fill size (22"x34") sheets and half-size (11"x17") sheets. 3.2.1 Cover sheet 3.2.2 Roadway typical sections Page 11 of 16 3.2.3 Plan and profile sheets 3.2.4 Storm sewer profiles 3.2.5 Intersection layout and details 3.2.6 Entrance plans and details 3.2.7 Guard rail details 3.2.8 Bridge plans 3.2.8.1 Construction layout 3.2.8.2 Geology 3.2.8.3 Substructure details 3.2.8.4 Superstructure details 3.2.8.5 Bridge rail details 3.2.9 Traffic handling plan 3.2.10 Pavement marking and signing 3.2.11 Erosion control plan and details 3.2.12 Drainage azea map 3.2.13 Cross sections 3_3 Construction manual and bid documents We will prepare the construction bid documents using the City's front-end documents. If the City does not have standard front-end documents, Affinis standard documents will be used. To assist in expediting Corps reviews and approvals, we will use applicable portions of the L-385 levee construction technical specifications for this projects technical specifications supplemented by project-specific special provisions. Final plans and specifications provided by CONSULTANT shall set forth clearly, completely, and in detail the requirements for the construction for the PROJECT, including the quality levels of materials and systems required for the PROJECT and the scope, extent, and character of the work to be performed and famished by the Contractor(s). 3_4 Final elan submittal Final plans and an opinion of probable construction cost will be submitted to the City, Corps, and levee district for review and comment. 4.0 CONSTRUCTION SERVICES PHASE 4_1 Advertise and notice to bidders The City will notify interested contractors of the time and place for submittal of bids for the construction of the project as well as provide interested contractors with project plans and project manuals. CONSULTANT will be available to answer questions or provide information for prospective bidders during the time they are preparing their bids. 4_2 Pre-bid conference Due to the potential challenges and coordination required for the construction of the bridge in the vicinity of the L-385 levee and stop log closure, we will attend and facilitate pre-bid conference for interested contractors. 4_3 Bid oyenin>; We will attend the bid opening, review bids and bidders' qualifications, and present the low bidder to the Boazd of Aldermen for approval. 4_4 Construction contract documents Prepare from the project manual the construction contract documents for execution by the City and the Contractor. 4.5 Pre-construction conference We will attend the pre-construction conference. 4_6 Services durine construction During the Construction Phase the CONSULTANT shall: r -r i I n n' i~ ~ 11 7 Page 12 of 16 4.6. l Make visits to the site at intervals appropriate (assumed one visit per week) to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of Contractor(s) and to determine in general if such work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on-site observations, the CONSULTANT shall keep the CLIENT informed of the progress of the work and shall endeavor to guard the CLIENT against defects and deficiencies in such work. 4.6.2 Review and approve (or take other appropriate action in respect of) Shop Drawings and samples, the results of tests, inspections, and other data which each Contractor(s) is required to submit; and make recommendations concerning the acceptability of substitute materials and equipment proposed by Contractor(s). 4.6.3 Conduct a review to determine if the Project is substantially complete and a final review to determine if the work has been completed in accordance with the Contract Documents and if Contractor has fulfilled all of his obligations thereunder so that the CONSULTANT may recommend, in writing, final payment to Contractor and may give written notice to the CLIENT and the Contractor that in CONSULTANT'S opinion the work is acceptable (subject to any conditions therein expressed). 4.6.4 Prepare for the CLIENT a set of record prints of drawings showing significant changes made during the construction process based on the marked-up prints, drawings, and other data furnished by the Contractor to the CONSULTANT. 4.6.5 Provide consultation concerning replacement of Work damaged during construction. 4.6.6 The CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractors' agents or employees or any other persons (except the CONSULTANT'S own employees, agents, subconsultants, and other persons performing services for CONSULTANT) at the site or otherwise performing any of the Contractor(s)' work; however, nothing contained in Paragraph 4.6.1 through 4.6.6, inclusive, or elsewhere in the Agreement, shall be construed to release the CONSULTANT from liability for failure to properly perform duties undertaken by him in the Contract Documents. Client Name: RIVERSIDE, MISSOURI Possible additional services Page 13 of 16 EXI~IT B The following list of services are NOT part of the CONSULTANT's Basic Scope of Services but may be required for successful completion of the PROJECT. Additional services may include but are not limited to: 1. Assisting in the preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the PROJECT; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the PROJECT of any such statements; review and evaluation of the effect on the design requirements of the PROJECT of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the PROJECT. 2. Services to check the accuracy of drawings or other information furnished by CLIENT. 3. Services resulting from significant change in the general scope, extent or character of the PROJECT or its design. 4. Preparing documents for alternate bids requested by CLIENT for Contractor(s)' work which is not executed or documents for out-of-sequence work. 5. Services required preparing to award more prime construction contracts than were anticipated at the time of entering into this AGREEMENT. 6. Services during out-of--town travel required of CONSULTANT other than visits to the site or CLIENT'S office as required in EXHIBIT A. 7. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, except as required in EXHIBIT A. 8. Providing construction staking for the contractor(s) as well as other special field and office surveys such as boundary surveys. 9. Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, azbitration on other legal or administrative proceeding involving the PROJECT. 10. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the award of each contract in evaluating and determining the acceptability of an unreasonable on excessive number of substitutions proposed by Contractor. Notwithstanding anything to the contrary in this EXHIBIT B or elsewhere in the AGREEMENT, no services made necessary in whole or in part by any fault or omission of CONSULTANT to perform its duties, responsibilities or obligations under this AGREEMENT shall be compensated as additional services. r -r 1 t n n` i` i 0 '1 T I[ Client Name: RIVERSIDE, MISSOURI Project schedule Page 14 of 16 EXHIBIT C Realizing CLIENT's desire to open West Platte Road over Line Creek as quickly as possible, CONSULTANT will provide CLIENT with construction bid documents in sufficient time to notify potential bidders for amid-May 2004 letting. CLIENT acknowledges CONSULTANT does not have control over the length of time the CLIENT and/or other regulatory agencies take to review plans and specifications. Client Name: RIVERSIDE, MISSOURI Page 15 of 16 EXI~BIT D Affnis Corp. 2004 Billing Rate Schedule Effective December 29, 2003 Professional Services PRINCIPAL ASSOCIATE ASSOCIATE ENGINEER INTERN ENGINEER/ENGINEER INTRAINING (IE/EIT) PROJECT REPRESENTATNE DESIGN TECHNICIAN CAD TECHNICIAN LAND SURVEYOR SURVEY PARTY CHIEF ROD-INSTRUMENT OPERATOR PROJECT RELATED SUPPORT SERVICES Salary adjustments normally occur at approximately the end of each calendar year. Equipment Charges AUTOMOBILE MILEAGE SURVEY VEHICLE MILEAGE SURVEYING TOTAL STATION EQUIP GLOBAL POSITIONING SYSTEM 1 .r .... i 1 ¶ ~. BILLING RATE RANGE $135 to $165 $95 to $125 $75 to $115 $70 to $90 $60 to $85 $75 to $100 $55 to $80 $75 to $90 $50 to $75 $50 to $65 $50 to $65 $0.375 mile $0.50/mile $10/hour $40/hour r o 'I T rr Client Name: RIVERSIDE, MISSOURI Certificate of Insurance Page 16 of 16 Exhibit E .... Eyc~%b;~ ~ cuente: aTDZa Arrculc ACORDn CERTIFICATE OF LIABILITY INSURANCE oti26104D~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Agency Co. (KS) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6700 Antioch, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Merriam, KS 66214 913 671-7877 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford CaSUalty Company Affinis Corp INSURER B: Hartford Accident & Indemnity Co. 7401 W. 129th St., Suite 110 INSURER C: Liberty Insurance Underwriters, In Overland Park, KS 66213 INSURER D: ,um loco 0 ;OVERAGES c THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/V POLICY E%PIRATION DATE MM D LIMITS A GENERAL LIABILITY 34SBWPD1426 01/01/04 01/01/05 EACH OCCURRENCE 51000000 X COMMERCUILGENERALLIABILITY FIRE DAMAGE (AnyonaTire) E3000O0 CLAIMS MADE ~ OCCUR MED E%P (Any one person) E1O OOO X Broad Form PERSONALBADVINJURY S1 OOO OOO Contractual GENERAL AGGREGATE S2 OOO OOO GEN'L AGGREGATE LIMRAPPLIES PER: PRODUCTS -COMP/OP AGG S2 OOO OOO POLICY jE 07 LOC A AUT OMOBILE LIABILITY 34UEGTZ2459 01/01/04 01/01/05 COMBINED SINGLELIMrr x1000 000 X ANY AUTO (Ea eccldeni) , r ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NONAWNED AUTOS (Per accident) X Hired Auto PROPERTY DAMAGE Ph B Dm (Per accdent) S GARAGE LIABILffY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S A E%CESS LIABILRY 34SBWPD1426 01/01/04 O1IO1/O5 EACH OCCURRENCE E2 OOO OOO X OCCUR ~ CLAIMS MADE AGGREGATE S2 OOO OOO S DEDUCTIBLE S X RETENTION S1O OOO S A WORKERS COMPENSATION AND 34WBGKD6523 01/01/04 O1/O1/OS X WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S1,000,OOO E.L. DISEASE-EA EMPL OYEE S1,000,OOO E.L. DISEASE -POLICY LIMB 51,000 OOO g OTHER Professional AEE1960740104 01/22104 01/22105 52,000,000 each claim lability 52,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATONSNEHICLESIEXCLUSIONSADDED BY ENDORSEMENTISPECUIL PROVISIONS Re: West Platte Road Bridge Design The City of Riverside, Missouri, the Mayor, Board of Alderman and the City Administrator, are added as additional insured as respects the commercial general liability and commercial auto policies. L:CKIIFIGAIC KVLVCK ADDITIONALINSURED;INSVRER LETTER: I.AKI:CLLAIIVK SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATON City of Riverside, MISSOUri DATE THEREOF, THE ISSUING INSURER WILL ypIR4Bt~Jr)Qp MAIL30_DAYB WRITTEN NOTCETO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BItSd000 REPRESENTATWE ACORD 25-S (7197)1 of 1 #5344978/M340904 MSW ®ACORD CORPORATION 1988 t .i. ... i ~ ¶ ~. .. ~ i .1 T ~~.