HomeMy WebLinkAbout2004-034 - Agreement with Patti Banks Associates for Professional Consulting ServicesBILL N0.200434 ORDINANCE N0.200434
AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO
COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF
RIVERSIDE, MISSOURI AND PATTI BANKS ASSOCIATES (PBA), TO PERFORM
PROFESSIONAL CONSULTING SERVICES
WHEREAS, the City of Riverside, Missouri (the "City") has negotiated with Patti Banks Associates,
("PBA") for the provision of professional consulting services in connection with the Line Creek Trail
running between E.H. Young Park and Renner Brenner Park in the City of Riverside Missouri.
WHEREAS, the City and Patti Banks Associates have reached an agreement concerning the
provision of payment for such Services.
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 enter into an Agreement to be substantially in the form attached hereto
as Exhibit A, with Patti Banks Associates, whereby Patti Banks Associates provide consulting services, and
as consideration for such services the City shall pay Patti Banks Associates a total amount not to exceed Fifty
Five Thousand Three Hundred Ninety Dollars and no Cents $55,390.00), including reimbursable expenses
(the "Agreement").
Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed
necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the
Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on
behalf of the City, the execution of the Agreement being conclusive evidence of such approval.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this 13th day of April, 2004.
Mayor
ATTE
i Clerk
~ .~. ... ~ ~ n F.. .. T 0 li T 1~'
~`~
Agreement for Professional Services
This Agreement (hereinafter termed Contract) entered into this 20~ day of April .2004, is by and
between The City of Riverside, Missouri (herein called the Owner) and Patti Banks Associates (hereinafter
referenced as PBA).
WITNESSETH THAT:
Whereas, the Owner has solicited the services of PBA to perform professional consulfing services in connection
with the Line Creek Trail running between E.H. Young Park and Renner Brenner Park in the City of Riverside,
Missouri, and
Whereas, PBA has agreed to provide such services related to trail design and construction documentation within
Riverside, Missouri per attached Scope of Services (Attachment 2).
Now therefore, for the consideration hereinafter set forth, the parties hento do mutually agree as folbws:
1. Scope of Work PBA shall provide professional services to the Owner for preparation of the Trail Construction
Documents, in accordance with Attachments 1, 2, and 3.
2. This Agreement shall consist of the following documents, which are attached here and incorporated herein by
reference: Terms and Condifions of Professional Services (Attachment 1), Scope of Services (Attachment 2),
Fee Schedule (Attachment 3).
3. This Agreement represents the entire and integrated agreement between the Owner and PBA and supersedes
all prior negotiations, representations oragreements, either written or oral. This agreement maybe amended
by written instrument, signed by Moth parties.
This Agreement is entered into as of the day, month and year first written above.
OWNER: Riverside. Missouri
Betty Buroh, or
Attest:
Agreement for Professional Services
Line Creek Trail -Riverside, Missouri
r 'r
i 1
CONSULTANT: Patti Banks Associates
~'~~
Patti Banks, Principal
Attest:
C A' odes, Project Manager
Page 1
L
0 i1 S fi'
Attachment 1
Tetms and Conditions of Consulting Services
ARTICLE I: SERVICES
PBA will'
1.1 Act for the Owner in a professional manner, using that degree of care and skill ordinarily exercised by and
consistent with the standards of competent consultants performing similar work.
1.2 Perform all services under the general direction of a principal officer or senior professional officer or
senior professional employee, Registered or Certified to render the required work.
1.3 Consider all prepared documents to be confidential, and distribute copies of same only to those persons
or agencies specifically designated by the Owner.
1.4 Retain pertinent records relating to the services performed for a period of three years following
submission of prepared documents during which period the records will be made available to the Owner
at all reasonable times.
1.5 Inform the Owner of the substance of all contacts made related to the project and keep a written record of
all such contracts.
1.6 Perform all services and duties according to the schedule or time of completion agreed upon between
both parties. In the event that performance of services is delayed by causes beyond the reasonable
control of the PBA, and without fault or negligence of PBA, the time for the performance of the services
shall be equitably adjusted by written amendment to reflect the extent of the delay.
ARTICLE II: OWNER RESPONSIBILITIES
The Owner or authorized representative will:
2.1 Designate aprimarycontact/project manager.
2.2 Provide PBA with all information pertaining to the project, which is reasonably available or obtainable from
available sources, in order to provide PBA with every opportunity to perform the Scope of Services herein
within the timeframe provided.
2.3 Make appropriate payments to PBA based on Attachment 3, Fee Schedule.
ARTICLE III: GENERAL CONDITIONS
3.1 This Agreement may be terminated by either party upon ten (10) days written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof. In addition, Owner
may terminate this Agreement upon written notice with payment to PBA for all services performed to date.
In the event of termination, PBA shall be paid for services performed to the termination notice date.
3.2 PBA may not assign or transfer their duties or interest in this Agreement without the written consent of the
Owner.
3.3 PBA recognizes the importance of providing qualified personnel as essential to the work being performed
for the project. PBA will. make available Craig Rhodes as Project Manager as agreed and PBA will not
substitute other qualified personnel without the consent of the Owner.
3.4 PBA agrees to indemnify, save and hold the Owner harmless from. and against all acts, whether of
omission or commission, by PBA or PBA's representatives or agents, and to indemnify and to save the
Owner harmless from and against loss or damage of any nature,. including costs of legal defense (to
include reasonable attorneys' fees), which the Owner may sustain or become liable for by any reason of
claims asserted against the other party on account of or in connection with the acts or omissions of PBA
or PBA's representatives or agents.
ARTICLE IV: INSURANCE
Agreement for Professional Services
Line Creek Trail -Riverside, Missouri
Page 2
t T 1 1 1 C 1 0 li T G''
4.1 PBA shall secure and maintain throughout the tens of this Agreement general and professional liability
insurance and workmen's compensation insurance to protect it from claims for bodily injury, death,
property damage, and errors and omissions, as may arise from the performance of services under this
Agreement. PBA shall maintain such insurance in the minimum amounts defined below:
Commercial General Liability
Workers' Compensation
Professional Liability
Automobile Liability
$1,000,000.00
$100,000.001$500,000.00
$1,000,000.00
$1,000,000.00
PBA shall name the Owner as an additional insured of said policy and shall provide a certificate indicating
such.
4.2 PBA shall notify the Owner thirty (30) days prior to any material change in coverage or cancellation of any
such insurance.
ARTICLE V: OWNERSHIP OF DOCUMENTS
5.1 PBA agrees to keep records of all work performed on behalf of the Owner. The parties acknowledge and
agree that all such records and the work product resulting from PBA's efforts on behalf of the Owner shall
be the sole property of the Owner. PBA further agrees to surrendAr to the Owner any and all such data,
records and information at the Owner's request for any reason, or at termination of this Agreement.
ARTICLE VI: CONSULTING FEE
6.1 The Owner shall pay PBA the set fee of Fifty-Five Thousand, Three Hundred and Ninty Dollars and
No Cells ($55,390.00) for the performance of the services specified in Attachment 2: Scope of Services.
6.2 PBA shall provide topographic surveying as required for detailed trail design by Affinis Corporation. This
surveying is intended to be for detailed design and required survey control information only, not for full
surveying of the project site. This work will be provided aRer written direction from the Owner at the
hourly rate as follows:
• Topographic Surveying $150.001 hour
ARTICLE VII: REIMBURSABLE EXPENSES
7.1 All Reimbursable Expenses are included in the fee per the Fee Schedule (Attachment 3) and the Scope of
Services (Attachment 2). Any additional printing of plans or reports, or other costs, not shown as a
deliverable per the Scope of Services and which are approved by the Owner before PBA incurs the same
shall be reimbursed as follows:
Prints (plans) ................................................$.20/s.f. (in house) or at cost
Report Printing ....................................... $0.10lpage (in house) or at cost
Overnight Delivery .......................:....................................................at cost
Mileage ...................................................................................... $0.3251mi1e
Filing and permit fees are the Owner's responsibility. Should PBA, with the Owner's prior approval,
provide said fees on behalf of the Owner, PBA shall be reimbursed for the actual fee paid.
ARTICLE VIII: PAYMENT
8.1 The Owner will pay PBA for services and expenses in accordance with the attached Scope of Services,
and with the following payment schedule.
Agreement for Professional Services Page 3
Line Creek Trail -Riverside, Missouri
r 'r i t >i >" ~ i 0 l i
8.2 PBA Payment Schedule: PBA shall submit invoices for the completion of its work, on a monthly basis.
Invoices shall be submitted to the Owner on or before the last day of each month. The Owner will pay
PBA within thirty (30) working days after receiving the invoice.
8.3 No payment shall be made to PBA for work not specfically authorized by the Owner.
8.4 Any change in scope of work shall be performed only PBA has provided the Owner with a written
statement of the cost of such change in the scope of work and after written authorization has been
received from the Owner.
ARTICLE IX: NOTIFICATION
9.1 This Agreement constitutes a Notice to Proceed for the attached Scope of Services.
9.2 All notices required or permitted under this Agreement shall be in writing and shall be deemed sufficiently
served ff served by Registered Mail addressed as follows:
City of Riverside, Missouri
David Blackbum, City Administrator
2950 NW Vvion Road
Riverside, MO 64150
ARTICLE X: PRIME CONTACTS
10.1 The Prime Contacts for each party are as folows:
City of Riverside, Missouri:
David Blackbum, City Administrator
2950 NW Vivion Road
Riverside, MO 64150
P: 816.741.3993
ca@cityofriversidemo.com
Patti Banks Associates:
Craig A. Rhodes, RLA
Patti Banks Associates
201 Main Street, Suite 201
Kansas City, Missouri 64105
P: 816.756.5690 x 3007
F: 816.756.1606
crhodes@pbassociates.com
Patti Banks Associates
Ratti Banks, Principal
201 Main Street, Suite 201
Kansas City, MO 64105
ARTICLE XI: CORPS OF ENGINEERS SPECIFICATIONS
PBA agrees and understands that the primary purpose of the Riverside Levee contemplated in the
Agreement is to protect against flooding along the Missouri River and Line Creek within the Riverside-
Quindaro Bend Levee District of Platte County, Missouri, and that the trail to run on top of and adjacent
to the Riverside Levee is auxiliary and subordinate to this primary purpose. PBA further agrees that prior
to commencing any planning, surveying, designing or other Services on the Project, it will familiarize itself
with the requirements and specifications of the U.S. Army Corps of Engineers (the "Corps") as they relate
to the Riverside Levee and the Critical Area and Critical Zone impacting the same (as the same are
defined in the Riverside Owner Code). Further, PBA agrees and acknowledges that it and its design for
Agreement for Professional Services Page 4
Line Creek Trail -Riverside, Missouri
r -r .. i 1 n ~ 1 11T T tf'
the Project will be subject to all applicable Corps requirements and spec cations, and will subject to prior
approval by the Corps.
ARTICLE XII: INDEPENDENT CONTRACTOR.
The relationship of PBA to the Owner is that of independent contractor. Nothing in this Agreement shall
constitute or be deemed to constitute PBA as the agent, representative, or legal representative of the
Owner, and PBA shall not be considered as having employee status with the Owner. PBA is granted no
right or authority to assume, or to create, any obligation or responsibility, express or implied, in the name
or on behalf of the Owner, except as may be provided in this Agreement or as may be specifically
authorized in writing by the Owner. PBA will have the sole responsibility for the payment of any and all
taxes with respect to amounts paid by the Owner to PBA hereunder and for the satisfaction of any and all
claims made by third parties on account of PBA's conduct or that of PBA's employees or agents in
performance of services rendered to the Owner pursuant to this Agreement or otherwise. PBA shall
make no representations or warranties with respect to the services or activities of the Owner, except as
set forth in writing in the Owner's literature or public pronouncements.
ARTICLE XIII: CONFIDENTIALITY.
13.1 PBA agrees that (i) PBA will treat as confidential all Proprietary Information (as hereinafter
defined) which may be made or become available to PBA; (ii) PBA will not disclose any
Proprietary Information to any other person for any purpose without the prior written consent of
Owner; (iii) PBA will use all Proprietary Information only in connection with PBA providing
services to Owner and not for any other purpose; and (iv) PBA will prevent disclosure of any
Proprietary Information by any partner, agent or representative of PBA to others and assume
liability for any breach of this Agreement and for any disclosure or use of Proprietary Information
by PBA or any for PBA's partners, agents or representatives. PBA's obligation to maintain the
confidentiality of and not wrongfully use the Proprietary Infarmation is unconditional, shall survive
the expiration or termination of this Agreement or PBA's engagement with Owner, as shall not be
excused whether or not PBA continues the relationship with Owner contemplated hereby.
13.2 For the purposes of this Agreement, "Proprietary Infomtation° means any and all information and
knowledge including, without limitation, data, documentation, methods, procedures, contact lists,
and all data processing related materials or information, anm other data relating to Owner, except
information which PBA can demonstrate came to PBA's attention prior to disclosure thereof by
Owner, or which, at the time of disclosure to PBA, had become a part of the public domain,
through publication or communication by others; or which after disclosure to PBA, becomes a
part of the public domain, through publication or communication by others.
13.3 PBA agrees that all documents and other tangible property of any nature pertaining to the
activities of Owner or to any Proprietary Information, in PBA's possession now or at any time
during the period of PBA's engagement with Owner, including, without limitation, memoranda,
notebooks, notes, data sheets, records, contact or contributor telephone numbers and address
lists, and electronic or mechanical data storage devices and records, are and shall be the
property of Owner and that they and all copies of them shall be surrendered to Owner whenever
requested by Owner from time to time following termination of PBA's engagement hereunder but
in no event later than December 31, 2004. Notwithstanding any of the above provisions of this
paragraph, PBA shall be entitled to retain copies of any doouments created by PBA pursuant to
this Agreement, which do not constitute Proprietary Information as defined above.
Agreement for Professional Services
Line Creek Trail -Riverside, Missouri
Page 5
t .~ ~ 1 I n F i I it T f['
Attachment 2
Scope of Services
PROJECT UNDERSTANDING
The City of Riverside, Missouri has asked Patti Banks Associates to complete design and construction documents
for approximately one (1) mile of a multi-use trail generally running from E.H. Young Park north along -Line Creek
to Renner Brenner Park within the City. The trail is planned to be located troth on top of and adjacent to the new
Riverside Levee. The project will include designing a pedestrian bridge to cross Line Creek, or use of the sidewalk
on the existing road bridge, designing an underpass under or a bridge over the existing BNSF railroad, and
designing an underpass under the I-635 bridge. The following is our proposed Scope of Services:
TASK 1: Project Start Up
1.01 Proiect Kick-Ofl`IUeefina: The Project Team (Patti Banks Associates & Affinis) will prepare a
project schedule and a list of specific information needed from the Client. The Project Team
will meet with the City representatives to discuss project goals, schedules, and other
pertinent information, and to present the project. approach and Scope of Services.
TASK 2: Inventory! Base Map /Survey
2.01 Toaogravhic Survev: The Scope does not include topographic sunray. The base map will be
completed using the currently available Corps of Engineers Levee mapping, which is assumed to be
at necessary accuracy. Surveying will be provided at the par hour cost as shown in the contract. It is
assumed that additional detailed surveying will be required for the railroad crossing and at the
northern part of the project near the park. The entire project is assumed to be located within City
Right-of-Way or Levee District property, and therefore property acquisition will not be required.
Property line inforrmation will be shown conceptually on the base map as received from County
mapping.
2.02 Site Walk-Through / Inventorv.~ The Project Team will conduct a site walk-through to inventory
existing conditions and pertinent inforrnation related to trail design.
2.03 Base Mav: A Base Map will be prepared in AutoCadd format.
TASK 3: Preliminary Plans
3.01 Environmental Permitting: The Project Team will prepare and obtain environmental permitting for the
project. This is assumed to be only a 404 permit with the DACE. If required, a fbodplain
development permit can be prepared at an additional cost.
3.02 Preliminaryr Plans: Using electronic survey information the Project Team will begin Preliminary Plans.
The plans will include, but not be limited to the folowing:
A. Plan & Profiles showing general information such as: trail elevations, access control locations,
potential trailhead locations and amenities, bridge locations, general railroad & I-635
coordination design, and tree removals.
B. Typical cross sections
C. The trails will be designed to AASHTO (American Association of State Highway and
Transportation Officials) Guide for the Development of Bicycle Facilities where appropriate.
3.03 Storm Drainage Plans (50%): The Project Team will design the stone drainage system to preliminary
stage. This will include plan views and notes.
Scope of Services Page 1
Line Creek Trail- Riverside, Missouri
r 'r ~ 1 i >i ~. i 111
3.04 Structural Design - Retaining Walls / Bridges: Preliminary design of retaining walls required. This
includes, but is not limited to, the bridge over Line Creek and the railroad underpass or overpass. It
is assumed apre-engineered bridge will be used and the bridge abutments will be designed by the
Project Team.
3.05 Railroad Coordination: The Project Team will coordinate with the BNSF railroad during trail design.
It is assumed a fence will be required to prevent access to the railroad tracks. This proposal includes
design of a fencing plan, anything more extensive required by BNSF railroad will be provided at an
additional cost.
3.06 Utility Coordination: Preliminary plans with rough cross sections will be provided to the utility
companies for review of their respective facilities.
3.07 Field Check: The Project Team will conduct a formal Field Check on site with City representatives for
final approval of the trail design.
3.08 Plan Revisions /Preliminary Plan Submittal: Any comments obtained during Field Check will be
revised on the plans and a set of Preliminary Plans will be submitted to the City for review and
approval.
3.09 Prelimina- Opinion of Probable Costs: The Project Team will prepare a Preliminary Opinion of
Probable Costs during the Preliminary Plans Task.
3.10 Gient Meetings: The Project Team will meet with City representatives a total of two (2) times during
the Preliminary Plans Task.
TASK 4s Final Plans
After completion and approval of the Preliminary Plans, The Project Team will prepare Final Plans in
AutoCad format for the following:
4.01 Horizontal Lavout.• showing trail location, grading, miscellaneous handscape elements, bridge
locations, access control locations, and signage.
4.02 Vertical Lavout• showing the trail profile with vertical curve information, bridge locations and utility
crossings.
4.03 Cross Sections: General cross sections will be prepared for trail design.
4.04 Storm Drainage Plans: Plans and profiles of stone drainage system design.
4.05 Stn~ctural Sheets -Retaining Walls /Bridges: The Project Team will complete the modular block
retaining wall design, including plan and profile views of the wall, along with typical sections.
4.06 Railroad Coordination: The Project Team will meet with the{ BNSF railroad to finalize trail design
under through the RR ROW.
4.07 Utility Coordination: The Project Team will provide a base map to the utility companies for review of
their respective facilities.
4.08 Miscellaneous Plan Sheets: showing detailed design, layout, and grading.
4.09 Landscape Plans: showing trees, shrubs, ground cover, materials, size, types, quantities, condition,
and spacing. Also, demolition or transplanting of existing vegetation will be shown. Planting details
will be provided for appropriate installation of plantings and grass/prairie areas.
4.10 Construction Details: illustrating specific constnrction procedures and anticipated quality of site work.
This may include, but is not limited to, trail sections, access control, signage, accessible ramps &
railings, drainage crossings, curbs, pavements, walks, fencing, and drainage structures. Any
elements which require engineering and structural design, such as, drive pavements, retaining walls,
curbs, etc. will be designed or reviewed by the Project Engineer. Bridges will be pre-fabricated
bridges and design of the footings and abutments will be by the manufacture, with review by the
Project Team.
4.11 Specifications: The Project Team will prepare the necessary project manuals with specifications in
MasterSpec format.
Scope of Services Page 2
Line Creek Trail -Riverside, Missouri
I .~ ... ~ 1 n r. .. r ¢ it T tr
4.12 Final Opinion of Probable Cosfs: The Project Team will prepare a Final Opinion of Probable Costs
during the Final Plans Task.
4.13 Client MeetinQS: The Project Team will meet with City representatives a total of two (2) times during
the Final Plans Task.
TASK 5: Bidding Services
5.01 During the bid period, The Project Team will answer questions, prepan: any required addenda for the
Owner's issuance, and assist the Owner in the evaluation of bids received.
TASK 6: Construction Administration (Future Authorization)
6.01 The Project Team will assist the City during the Construction Phase by providing review of shop
drawings, material samples, and Applications for Payment. Site visits to insure constnrction is
consistent with the plans will occur on a weekly basis or as requested by the City. A fee for this
service will be negotiated based on actual constnrction priorities and is not included in the attached
Fee Schedule.
Scope of Services
Line Creek Trail -Riverside, Missouri
Page 3
'P T 1 1 n F i B ~i T 1['
' • 4' ' l
Attachment 3
Fee Schedule
PBA Affinis Total
ask 1 Pro ect:Start U
1.01 Pro'ect IGdc-Off Meetin $415.00 $900.00 $1,315.
SUBTOTAL TASK 1 $415.00 ;900.00 $1,315.
ask 2 Invento IBase Ma ISurv
2.01 To r is Surve $0.00 $0.00 $0.
2.02
2.03 Site Walk-Throw hflnvento
Base M Pre aretion AutoCadd $1,190.00
$870.00 $390.00
$0.00 $1,580.
$870.
SUBTOTAL TASK 2 $2,060.00 $390.00 $2,450,
ask 3 Prelimina -Plans
3.01 Environmental Permittin $0.00 $1,190.00 $1,190.
3.02 Prelimina Plans $4,370.00 $910.00 $5,280.
3.03 Storrn Draina a-Plans 50% $0.00 $1,730.00 $1,730.
3.04
3.05
3.06 Structural Desi n-Ret WaIlsBrid s
Railroad CooMination
Utili Coordination $0.00
$830.00
$0.00 $4,140.00
$1,900.00
$570.00 $4,140.
$2,730.
$570.
3.07 Fiekl Check $620.00 $390.00 $1,010.
3.08 Plan Revisions $620.00 $0.00 $620.
3.09 Prelimina inion of Probable Costs $1035.00 $1,010.00 $2,045.
3.1 Client Meetin s 2 total $1330.00 $910.00 $2,240.
SUBTOTAL TASK 3 $8,805.00 $12,750.00 $21,555.0
ask 4 Final Plans
4.01
4.02
4.03
4.04 Horizontal La ut
Vertical La ut
Cross Sections
Storm Drain Plans $2,970.00
$2,970.00
$1,360.00
$0.00 $230.00
$230.00
$0.00
. $870.00 $3,200.
$3,200.
$1,360.0
$870.0
4.05 Structural Sheets - Ret. WaIlsBrid es $0.00 $1,730.00 $1,730.0
'4.06 Railroad CooMination $415.00 ' $910.00 $1,325.
4.07 Utili Coordination $0.00 " $570.00 $570.
4.08
4.09 Miscellaneous Plan Sheets
Land Plans $3 460.00 i
$1,850.00 > $0.00
$0.00 $3,460.
$1850.
4.1
4.11
4.12
4.13 Construction Details
S 'cations
Final 0 inion of Probable Costs
Client Meetin s 2 total $1,730.00 ~
$1,330.00'.:
$1,035.00
$1,330.00 ' $950.00
$1,790.00
$1,780.00
$910.00 $2,680.
$3,120.
$2,815.
$2,240.
SUBTOTAL TASK 4 $18,450.00 ' $9 970.00 $28,420.0
ask 5 Biddin Services
5.01 Pre-Bid M . f Addendas
SUBTOTAL TASK 5 $740.00.
$740.00 $910.00
$910.00 $1,650.
;1,650.
CONSULTAN T TOTALS $30 470:00 ? $24,920A0
TOTAL FEE $55,390.00
Scope of Services
Line Creek Trail -Riverside, Missouri
Page 4
'~ "r i I >I C° i B ~i T iu'