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Home My WebLink About2004-076 - Professional Services Agreement with George Butler Associates, Inc.:_ _ c BILL N0.200476 ORDINANCE N0.200476 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND GEORGE BUTLER ASSOCIATES, INC. FOR THE PROVISION OF ENGINEERING SERVICES WHEREAS, the City of Riverside, Missouri (the "City") has negotiated with George Butler Associates, Inc. ("GBA"), for the provision of professional engineering services related to review of work completed in connection with the construction of a five-story parking garage on Argosy Parkway in the City of Riverside Missouri. WHEREAS, the City and GBA 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 GBA, whereby GBA will provide professional services, and as consideration for such services the City shall pay GBA a total amount not to exceed Twenty Seven Thousand Seven Hundred Fifteen and No/100 Dollars ($27,715.00) (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 O~~y of July, 2004. Mayor ATTES . Ci Clerk ...r .. t , c ~ r ~ ~~ T if "" ~~ AQREEMENT FOR PROFESSIONAL SERVICES TffiS AGREEMENT is made as of the 6'~ day of July, 2004 between the Consultant: George Butler Associates, Inc. 9801 Renner Blvd., Lenexa, Kansas, and the Client: City of Riverside, Missouri, subject to the Terms and Conditions below. No additional or different terms are valid unless expressly agreed to in writing and signed by Consultant and Client. PROJECT: The project consists of a new 665,950 sf five-story parking garage to be built to the west of the Argosy Casino in Riverside, Missouri. The garage will have 1,342 total stalls with 1,271 standard and 71 ADA stalls. There will be a main circulation elevator and stair bank and aone-story link to connect the garage to the west entry tower on the casino. PROFESSIONAL SERVICES: George Butler Associates, Inc. will provide a review of the plans and specifications for the planned garage construction. The review will only be for the construction design documents of the following disciplines: • Architectural • Structural • Civil • MechanicaUPlumbing • Electrical • Fire Protection It is understood that this "review for permitting" is not to be considered a substitution for the professional responsibilities of the project Architect and Engineers of record, as required by the professional licensing board of the State of Missouri. Specifically this code review will include the following: • Verification of occupancy loads, exit widths, egress capacity, travel distances • Verification of fire resistive construction requirements • Review of details as they relate to these fire resistive requirements • Accessibility review (ADA) • Verification of emergency lighting for exiting • Review of structural calculations for design loads used • Review fire protection code footprint, sprinkler and fire alarm for compliance • Review for plumbing and HVAC code compliance • Life Safety Code Review The review does not include: • Structural analysis of the capacity of the building structural systems • Review of the building envelope and finishes as they relate to water tightness, ventilation, material compatibility, energy efficiency • Review of architectural aesthetics / signage • Review of landscape and lawn sprinkler plans • Analysis and review of natural waterway issues • Review of issues related to noise or other environmental concerns • On site visits during or after construction to review conformance of construction with plans CONTRACT FEE: LUMP SiJM of $27,715.00. The Fee shall not be exceeded without written approval of the Client. -1- ._ ._ ., , , -n ~ . , r ~ .i T f~. .; TERMS AND CONDITIONS 1. SCOPE OF SERVICES The Consultant will perform the services set forth above pursuant to these Terms and Conditions and the attached Proposal, if any. 2. BILLINGS/PAYMENTS A. Compensation will be as stated above. Invoices for the Consultants services shall be submitted, at the Consultant's option, either upon completion of such services or on a monthly basis. Invoices shall be paid by Client within 30 days after the invoice date. If the invoice is not paid within 30 days, the Consultant may suspend the performance of services upon written notice to Client. Interest will be added to all amounts not paid within 30 days of statement date calculated at one and one-half percent (1.5%) per month from the date due. Any costs incurred by the Consultant in collecting delinquent amounts, including reasonable attorney's fees, shall be reimbursed by Client. If a portion of the Consultant's statement is disputed, the undisputed portion shall be paid by Client by the due date. Client shall advise the Consultant in writing of the basis for any disputed portion of any statement. Retainers shall be credited on the final invoice. 3. PROFESSIONAL RESPONSIBII.ITY A. Consultant will exercise reasonable skill, care, and diligence in the performance of its services and will cant' out its responsibilities in accordance with customarily accepted professional architectural or engineering practices (as appropriate) in Consultant's community. No warranty, expressed or implied, is included in this Agreement or in any drawing, specification, report or opinion produced pursuant to this Agreement. B. In no event will the Consultant be liable for any special, indirect or consequential damages including, without limitation, damages or losses in the nature of increased project costs, loss of revenue or profit, loss in production, claims by customers of Client, or governmental fines or penalties. 4. CITY PLAN REVIEW IlVIMiJNITY The Consultant, acting as the Client's plan reviewer, when acting in good faith in the discharge of its duties, shall not thereby render itself liable and shall be, to the -2- maximum extent permitted by law, relieved from all liability for any damages that may accrue to persons or property by reason of any act, error or omission in the discharge of its duties. Any suit, claim or action against the Consultant because of acts, errors or omissions by Consultant acting in its capacity of City Plan Reviewer shall be defended by the City legal department until final termination of the proceedings. The Consultant shall be entitled to all defenses and municipal immunities that are, or would be, available to the City if the same services were provided by a City employee. 5. ON-SITE SERVICES Project site visits, if any, by the Consultant during construction shall not make the Consultant responsible for construction means, methods, techniques, sequences or procedures; for construction safety precautions or programs; or for any construction contractor's failure to perform its work in accordance with the drawings and specifications, all of which shall remain the sole responsibility of the construction contractor. 6. CHANGES Changes within the general scope of the Consultant's services, with an appropriate change in compensation, are authorized only by a written instrument signed by authorized representatives of both the Client and the Consultant. 7. TERMINATION Services may be terminated by the Client or the Consultant by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay the Consultant all amounts due the Consultant for services rendered and expenses incurred to the date of termination, plus reasonable costs incurred by the Consultant in terminating the services. 8. DISPUTES in the event a dispute shall arise between the parties to this contract in excess of $2,500, then as a condition precedent to any legal action by either party, the parties agree to participate in at lease one session of mediation in an effort to resolve the dispute. The parties agree to split the mediation fees equally. The mediation shall be .~,-.,~ administered by a mutually agreeable mediation service and shall be held in Kansas City, Missouri, or such other location as is mutually agreeable. 9. APPLICABLE LAWS Unless otherwise specified, this Agreement and the Consultant's services shall be governed by the laws of the State of Missouri. 10. RIGHTS AND BENEFITS The Consultant's services will be performed solely for the benefit of the Client and not for the benefit of any other third parties or entities including, but not limited to, lenders, sureties, contractors, tenants, or others not a party to this Agreement. Client: City of Riverside, Missouri By: Title: ~2uQlr~ -3- 11. ENTIRE CONTRACT These Terms and Conditions and the above-referenced Proposal contain the entire agreement between the Consultant and Client relative to the Scope of Services herein. All previous or contemporaneous agreements, representations, promises and conditions relating to the Consultant's services described herein are superseded. Consultant: rge Butler Associates, Inc. By: Timothv J Ross PE Title: Vic President -