HomeMy WebLinkAbout2002-051 - Agreement with Shafer, Kline & Warren for Planning ServicesBILL NO. 2002-51
ORDINANCE NO. 2002-51
AN ORDINANCF, APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY
SHAFER, KLINE & WARREN, INC.
WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of a
planner to perform consulting services in connection with planning for the City; and
WHEREAS, the City desires to retain Shafer, Kline & Warren for the provision of
planning and consulting services pw-suant to a mutually agreed upon contract.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The City engages Shafer, Kline & Warren to perform planning and consulting
services for the City pursuant to the teams and conditions of the Agreement attached hereto as
Exhibit A.
Section 2. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, is approved, the Mayor is authorized to execute the Agreement and to take
such other actions reasonably necessary to cant' 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 fiill force and effect from and after its passage and
approval.
Passed this lay of April, 2002.
ATTE
Cit Clerk
l ~~~ ll""~ ~~ ~ r } i %
Mayor
~\
AGREEMENT FOR PLANNING SERVICES
THIS AGREEMENT, made and entered into this _!s~ day of ~~~2002, by and
between the City of Riverside, Missouri, herewith referred to as the "Owner", and Shafer, Kline &
Warren, Inc. (SKW) with offices located at 11100 W. 91st Street, Overland Park, Kansas 66214,
hereinafter referred to as the "Planner".
WITNES SETH:
WHEREAS, the Owner desires to have the Planner provide general planning and other
services as directed by the Owner, hereinafter referred to as the "Project".
WHEREAS, the Owner has selected the Planner to perform the services as described
herein.
NOW, THEREFORE, the Owner and the Planner in consideration of their mutual
covenants herein agree in matters pertaining to the performance or furnishing of professional
services by the Planner and the payment for those services by the Owner as set forth below. This
Agreement will become effective on the date indicated above.
.ARTICLE I
PLANNER'S RESPONSIBILITIES
The Planner will perform for or furnish to the Owner professional planning and related
services to which this Agreement applies as hereinafter provided. The Planner will serve as the
Owner's prime consulting professional. The Planner may employ subconsultants as Planner
deems necessary to assist in the performance or furnishing of professional planning and related
services hereunder. The Planner will not be required to employ any subconsultants which are
unacceptable to the Planner.
The standard of care for all professional planning and related services performed or
furnished by the Planner under this Agreement will be the care and skill ordinarily used by
members of the Planner's profession, practicing under similar conditions at the same time and in
the same locality. The Planner makes no warranties, expressed or implied, under this Agreement
or otherwise, in connection with the Planner's services.
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ARTICLE II
SCOPE OF SERVICES
TO BE PROVIDED BY THE PLANNER
The primary purpose of this Agreement is to provide general planning and other related services
as directed by the Owner. General Planning Services to be provided are as follows:
A. DESIGNATION OF PLANNER REPRESENTATIVE
The Planner agrees to designate one professional planner from its staff to serve as
Planner Representative to the Owner. The selection of this individual and his
continuing service as Planner Representative will be subject to the approval of the
Owner.
2. The Planner Representative will be available to the Owner for counseling or other
input regarding planning and other concerns during regular work hours. It is
understood by all parties that the nature of these consultations are to be such that
opinions can be rendered during the course of the telephone conversation or with
not more than a minimum amount of research, and/or narrative tent or
documentation.
B. SCOPE OF SERVICES
1. SKW will review the ordinances approving the Gate Woods PD, the current City
Zoning Ordinance and the proposed replat of Gate Woods - 1st plat.
~~ 2:''~ the location and price range of several patio home de
~~ -'' ~ in the Kansas City metrop S ~ o to three (2-3) area
,~^` ~ ~},~ i U realtors to dete r opinion of the vt atio home development in
L t ' ion.
3. SKW will prepare a report which details its findings concerning the proposed Gate
Woods development. The report will address the issues associated with Gate
Woods developing as a patio home PD or as a conventional single family
subdivision.
4. SKW will review the rezoning request for Cliff View Office Park and prepare a
report for the Board of Alderman. The report will identify appropriate long-term
zoning for the area and interim development tools to encourage quality design.
5. SKW will present its findings to the Board of Aldermen at a work session and
during a regularly scheduled public meeting. This presentation will summarize
SKW's research and provide the Board with any recommendations developed by
SKW.
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Additional Task
6. 5KW will prepare a proposed overlay ordinary for design guidelines that will
include the Cliff View Office Park. Any ordinance prepared by SKW must be
reviewed and approved as to form by the City's legal counsel prior to adoption.
ARTICLE III
OWNER'S RESPONSIBILITIES
The Owner will do the following in a timely manner so as not to delay the services of the
Planner and will bear ail costs thereto:
Designate in writing a person to act as Owner's representative with respect to the
services to be performed or furnished by the Planner under this Agreement. Such
person will have complete authority to transmit instructions, receive information,
interpret and define Owner's policies and decisions with respect to the Planner's
services.
2. Make available to the Planner all existing records, maps, plans and other
information possessed by Owner which are relevant to the Planner in the
completion of the work under this Agreement.
3. Provide all criteria and full information as to Owner's requirements to provide
general planning services.
4. Furnish existing relevant property descriptions and zoning, deed and other land use
restrictions.
5. Be responsible for, and instruct the Planner to rely upon, the accuracy and
completeness of all information furnished pursuant to this Article III, Owner's
Responsibilities. Planner may use such data and information in performing or
furnishing services under this Agreement.
6. Arrange for access to and make all provisions for the Planner to enter upon public
and private property as required for Planner to perform services under this
Agreement.
7. Examine all alternate solutions, studies, reports, sketches, plans, specifications,
proposals and other documents presented by the Planner and render in writing
decisions pertaining thereto.
8. Attend work related meetings.
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9. Give prompt written notice to Planner whenever Owner observes or otherwise
becomes aware of any development that affects the Scope of Services or the Time
Schedule of the Planner in the performance or furnishing of the required services
for the Project, or any defect or nonconformance in the Planner's services.
ARTICLE IV
TIlbIE SCHEDULE
A. The Planner agrees to complete the planning services and provide the deliverables
identified in the Scope of Services, Items I-5, on or before Apri18, 2002. A time frame
for the completion of the Scope of Services, Item 6 will be negotiated separately.
2~'
ARTICLE V ~ ~ ~ ~ ;
COMPENSATIOrC - -~- 'j/`r~~ ~ C? ~
~._ ~ /
A. The Owner agrees to pay.the Planner for services rettd®rzd as identified in the Scope of
Services, Items 1-5, a Lump Sum fee of $~,~4~0:~00 plus expenses. Should Owner desire to
direct Planner to perform Item 6 of th~ope of Services, a separate fee, agreed to in
advance, shall apply. ~~`~~ ~
B. When requested by the Owner, or desired by the Planner, a written estimate of costs for
general planning services to be provided will be submitted for review and approval prior to
beginning the work. The Owner will be notified in writing if, for reasons beyond the
control of the Planner, the original cost estimate will be exceeded. The Planner will not
perform any additional services without written approval by the Owner for the additional
costs.
C. Payment for services rendered will be made by Owner upon receipt of invoice(s) from the
Planner within sixty (60) days. If Owner fails to make payment due the Planner within
sixty (60) days after receipt of Planner's invoice, the amount due will the Planner will be
increased at the rate of 9.0 percent (9.0%) per annum from said sixtieth day.
D. The Planner will submit monthly invoice(s) with a summary sheet indicating all current
projects requiring general planning services under this agreement. The monthly billings
will be indicated for the calendar year, with a project budget and budget remaining
indicated if applicable to specific projects. The project and cost breakdown will be
structured as required by the Owner to reflect their accounting structure so that costs can
be tracked against specific budgets.
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ARTICLE VI
GENERAL PROVISIONS
A. TIlVIES FOR RENDERING SERVICES
Specific periods of time for rendering services are set forth in Article IV, Time Schedule,
in this Agreement, by which times defined services are to be completed. If such periods of
time are changed through no fault of the Planner, the rates and amounts of compensation
provided for therein will be subject to equitable adjustment.
B. CHANGE IN SCOPE
The Scope of the Work described in Article II, Scope of Services, will be subject to
modification or supplement upon the written agreement of the Owner and the Planner. At
the time of such modification of scope, equitable adjustments, agreeable to both parties,
will be made in the time of performance and the compensation to be paid for the services.
C. INSURANCE
The Planner will procure and maintain insurance for protection from claims under
worker's compensation acts, claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all employees, and from claims or
damages because of injury to or destruction of property including loss of use resulting
therefrom. The Planner will list the Owner as an additional insured on the Planner's
general liability insurance policy.
D. TERMINATION
This Agreement may be terminated by either party upon seven (7) days written notice in
the event of substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party; provided, however, that in any such case,
the Planner will be paid the reasonable value of the services rendered up to the time of
termination on the basis of the payment provisions of this Agreement. Copies of all
completed or partially completed, plans, studies and reports prepared under this
Agreement will be delivered to the Owner when and if this Agreement is terminated, but it
is mutually agreed by the parties that the Owner will use them solely in connection with
this Project, except with the written consent of the Planner.
E. CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Missouri.
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F. INDEMNIFICATION
The Planner agrees, to the fullest extent permitted by law, to indemnify and hold the
Owner harmless from any damage, liability or cost (including reasonable attorneys' fees
and costs of defense) to the extent caused by the Planner's negligent acts, error or
omissions in the performance of professional services under this Agreement and those of
his or her subconsultants or anyone for whom the Planner is legally liable.
* The Owner agrees, to the fullest extent permitted by law, to indemnify and hold the
Planner harmless from any damage, liability or cost (including reasonable attorneys' fees
and costs of defense) to the extent caused by the Owner's negligent acts, errors or
omissions and arising from the Project that is the subject of this Agreement.
The Planner is not obligated to indemnify the Owner in any manner whatsoever for the
Owner's own negligence.
G. DISPUTE RESOLUTION
Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to the institution of legal or equitable
proceedings by either party.
The Owner and the Planner shall endeavor to resolve claims, disputes and other matters
between them by mediation. A request for mediation shall be filed in writing with the other
party to this Agreement. The request for mediation may be made concurrently with the filing
of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by the parties or a court order.
The mediator will be selected by agreement of the parties and will be an attorney licensed to
practice law in the State of Missouri. No person shall be selected as mediator who represents
Owner or Planner or who has ever represented Owner or Planner or who has any financial
interest in Owner or Planner. If the parties shall share the mediator's fee and any filing fees
equally. The mediation shall be held in a place where the project is located, unless another
location is mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof. Mediation proceedings shall
be regarded as settlement proceedings. Any communication relating to the subject matter of
such disputes made during the mediation by any participant, mediator or other person present
at the mediation shall be confidential communication. No admission, representation,
statement or other confidential communication made in the course of mediation not
otherwise discoverable or obtainable shall be admissible as evidence or subject to discovery.
No person who serves as mediator, nor any agent or employee of the person, shall be
subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting
up or conducting the mediation.
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The Owner and the Planner further agree to include a similar mediation provision in all
agreements with independent contractors retained for the project and to require all
independent contractors also to include similar mediation provision in all agreements with
subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for
mediation as the primary method of dispute resolution between the parties to those
agreements.
H. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation will be deemed stricken and all remaining provisions will continue to be valid and
binding upon the Owner and Planner, who agree that the Agreement will be reformed to
replace such stricken provisions or part thereof with a valid and binding upon the Owner and
Planner, who agree that the Agreement will be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
I. NOTICES
Any notice required under this Agreement will be in writing, addressed to the appropriate
part at the address which appears on the signature page to this Agreement (as modified in
writing from time to time by such party) and given personally, by registered or certified mail,
return receipt requested, by facsimile or by a nationally recognized overnight courier service.
Alt notices will be effective upon the date of receipt.
J. SUCCESSORS AND ASSIGNS
The Owner and Planner each is hereby bound and the partners, successors, executors,
administrators, legal representatives and assigns of Owner and Planner are hereby bound to
the other party to this Agreement and to the partners, successors, executors, administrators,
legal representatives and assigns of such other party in respect of all covenants and
obligations of this Agreement.
Neither the Owner nor the Planner may assign, sublet, or transfer any rights under or interest
(including, but without limitation, moneys that are due or may become due) in this
Agreement without the written consent of the other, except to the extent that any
assignment, subletting or transfer is mandated by law or the effect of this limitation maybe
restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement.
Nothing in this Agreement will be construed to create, impose or give rise to any duty owed
by the Planner to any Contractor, subcontractor, supplier, other person or entity, or to any
surety for or employee of any of them, or give any rights in or benefits under this Agreement
to anyone other than the Owner and the Planner.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective
as of the date first above written.
OWNER:
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CITY OF RIVERSIDE, MISSOURI ,%,
i ;<
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Title: ~'I ~G~/Ci~-/
PLANNER:
SHAPER, KLINE & WARREN, INC.
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Title: i r n
Address for giving notices:
Address for giving notices:
11100 W 91st Street
Overland Park Kansas 66214
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SHAPER, KLINE & WARREN, INC. ^ 11100 West 91 si Street, Overland Park, Kansas 66214-3216 913-888-1800 FAX: 913-868-7868
Turtle-Ayers-Woodward founded 1885 Offices in: Iola, Kansas WWW.SKW-INC.COM
Sheilar Griffith Shetlarfounded 1946 Overland Park, Kansas
A.C. Kirkwood & Associates founded 1941 Chillicothe, Missouri
Shafer & Kline founded 1950 Kansas City, Missouri
Hamilton & Associates founded 1981 Macon, Missouri
]3QLlBLY RATE~CIIEI)__iII.E
CLASSIFICATION RANGE l'ERHOIIR CLASSIFICATION RANGE PER~IQUR
Principal $130-145 Engineering Technician IV $80-105
Associate 120-130 Engineering Technician III 60-85
Engineer IV (PE) 105-125 Engineering Technician II 50-65
Engineer III (PE) 90-110 Engineering Technician I 30-55
Engineer II (PE) 75-95 Drafter 20-35
Engineer I (EIT) 65-85 Construction Observer IV 80-90
Landscape Architect III 70-80 Construction Observer III 65-85
Landscape Architect II 60-75 Construction Observer II 50-70
Landscape Architect I 55-65 Construction Observer I 30-55
Planner III 80-110 Registered Land Surveyor 85-100
Planner II 65-85 Survey Crew/4 Person 165-195
Planner I 50-70 Survey Crew/3 Person 135-165
GIS Consultant III 75-105 Survey Crew/2 Person 110-135
GIS Consultant II 55-80 Survey Technician IV 75-95
GIS Consultant I 40-65 Survey Technician III 60-80
Controls Technician II 50-70 Survey Technician II 45-65
Photogrammetrist III 80-95 Survey Technician I 30-50
Photogr•ammetrist I 40-55 GPS Survey Technician 70
SecretariaUClerical 30-50
Equipment Costs
GPS Survey Receiver $20
Total station data collector/EDM Survey Equipment 10
Computer aided drafting and design workstation, including software 10
Note #1
Note #2
Note #3
The hourly rate shown for GPS Personnel and Survey Crews includes stakes, ,/lagging, iron bars and other
miscellaneous materials.
Mileage will be charged at the rate of 38 cents per mile for passenger vehicles and 45 cents per mile for survey
vehicles. Plotting and reproduction media will be charged at $0.75 per I.f. for bond, $1.25 per lf. jor vellum,
$I.00 per lf. jor transparent bond, and $2.75 per lf. for photographic glossy. Color copies will be charged
at $0.80 per 8. S x 11 sheet and $1.60 per 11 x 17 sheet. Subcontract expenses will be charged at quoted prices
with no markup. All other reimbursable expenses incurred on a project will be charged at a rate of cost plus
10% to cover administrative overhead.
This hourly rate schedule indicates the range of hourly charges for all classifications of emp/oyees. The
individual rates ofpersonnel from each employee classification which are assigned to the project will be used
to calculate the project billing.
Effective April 1, 2001
A MUITI-DISCIPLINE APPROACH TO PROJECTS
Civil Engineers ^ Electrical Engineers ^ Mechanical Engineers ^ Landscape Architects ^ Lmid Surveyors ^ Planners ^ GIS Consultants ^ Photogrammetrists