HomeMy WebLinkAbout1997-026 - Contract with Bucher, Willis, & RatliffBILL NO. 97-26
ORDINANCE NO. 97-~~
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH
BUCHER, WILLIS, & RATLIFF, ENGINEERS, TO PROVIDE ENGINEERING DESIGN
AND OVERSIGHT FOR THE HOMESTEAD AREA STREET RECONSTRUCTION PROJECT
AND ESTABLISHING A FEE FOR SERVICES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1. The Board of Aldermen hereby accepts
the Scope of Services for the Homestead
Area Street Reconstruction Project as
proposed by Bucher, Willis, & Ratliff,
Engineers.
SECTION 2. The fee for these services is not to
exceed $30,447.00.
SECTION 3. The Mayor and City Clerk are hereby
authorized to enter into a signed contract
with Bucher, Willis, & Ratliff upon the
passage of this ordinance.
PASSED THIS 4TH DAY OF MARCH, 1997..-- j. ~ ,~
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Mayor Ed Rule
ATTEST:
Grace Kemerli City Cle/~-f j1
APPROVED THIS I ~'CJ DAY OF MARCH, 1997. ~ j
Mayor Ed~Rule
AGREEMENT' 1'OR EPiGINEERING SERVICES
T'I IIS .4GI2E.~N1E:v~I', made and entered into this ~`~ ~~1_ day of ~J ~`'f `"'~
1997, by and between City of Riverside, Missouri, hereinafter referred to as the "pw•ner", and Bucher,
Willis 8n Ratliff Corporation with offices located at 7920 Ward Parkway, Suite 100, Kansas City,
tiiissouri, 64114-2021, hereinafter referred to as the "Consultant."
WTI"vESSE7•I-I~
WHEREAS, the Owner desires to have the Consultant provide engineering services for the
Homestead Area Street Reconstruction project, hereinafter referred to as the "Project."
WHEREAS, the Owner has selected the Consultant to perform the services as described
herein.
~iOW, ~II~REFORE, the Owner anal the Cor~Sultant in consideration of their mutual
covenants herein agree in matters pertaining to the performance or fvrrushing of professional
engineering =ervices by the Consultant with res'pe~t to the Project and the payment fer those services
by the Owner as set forth below. This Agreement will become effective on the date first above
written.
ARTICLE I
C(~NSLLTAiV~'S RESPONSIBILITIES
The Consultant shall perform for or furnish to the c..~'wner professional englneerulg and
related services in all phases of the Project to which this .Agreement applies as hereinafter provided.
The Consultant shall serve as the Owner's prime design professional. The Consultant maV employ
subconsultants as Consultant deems necessary to assist in the performance or furnishing of
professional engireering and related services hereunder.
The standzrd of care for all professional engineering and related services performed or
furnished bV the Consultant under this Agreement will be the care and skill ordinarily used by
members of the Ccnsultant's profession, practicing under similar conditions at the same time and
in the same localit}•.
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ARTICLE II
SCOPE OF SERVICES
TO BE PROVIDED BY THE CONSULTANT
The Consultant will perform or furnish the necessary professional engineering and related
services tv enable tae Owner to receive bids and award a construction contract for the Project as
stipulated herein. ?~he Consultant agrees to perform the following services:
General Project Description and Criteria:
Design and prepare constriiction drawings and specifications for rehabilitation and
reco~tistruction of Homestead Road and Homestead Terrace. Repairs to Homestead
Terrace and Homestead Road north of the City park are expected to include full
den+:h pavement removal and replacement, curb removal and replacement, repair
and;'or replacement of existing drainage structures, and replacement of driveway
approach sections within the street right-of-way to matdl the new street construction.
Improvements to Homestead Road south of Homestead Terrace are expected to
include replacement of existing curb and gutter, with an overlay of the existing
roadway to match new cttrb grades, and drainage crossing improvements. The
nrnposed improvements do not include the installation of a street lighting system-
'I'be field survey for the project will not include the recovery of property corners to
determine if the roadways are located within the right-of-way. The proposed
improvements will maintain the e;vsting alifmtnezzt and width of the roadway. The
replacement areas on Homestead Road and Homes'~ead Terrace north of the park
include approximately 1,700 feet of roadway. The section of Homestead Road south
c+f homestead Terrace expected to be overlaid with curb replacements include
approximately ~~0 feet of roadway.
?, Design criteria and applicable codes to be used shall include the Latest editions of the
St<~utdard Specifications and Design Criteria prepared by the Kansas City
Metropolitan Chapter of the American Public Works r',.ssociation (APWA), A Policy
on Geometric Desitm of Highways and Streets prepared the American Association
of State Highway and Transportation pfficials (.°~:'~5HT0), Manual of Uniform Traffic
Control Devices prepared by the Federal Highway Administration (FH4VA), and the
Cifir of Riverside design standards.
K - ni r EC'1vION r?~1~1~.~'
1.? Project Grientation Meeting -The Engineer wrll meet with representatives of the City
to review the project background and to discuss the City's goals and objectives
cor.cerrting the project.
1.2 Title leports and Easements - It anticipated that the Citt~ will obtain any necessary
easements from the property owners. The Engineer will attempt to contain the
proposed improvements within the platted private street easements. The Engineer
will collect available pertinent information associated with the project including
easements, maps and plats; survey control data; and utility maps as required.
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1.3 Field 5urvev -The Engineer will establish the road centerline of Homestead Rond
and 1-lomestead Terrace by splitting the distance between the existing curbs.
1.~ Topagrapluc Sun~ey-The Engineer will perform topographic surveys of the project
area and will include all topographic features within the street right-of-way and
beyond to the front face of adjacent residences. Underground utilities will be
mapped based on field locations provided by the utility companies and will be
Supplemented by addztionat information provided by the utility companies.
1.~ Geotechrucal Investigations -Soils investigations axe not included as a part of this
contract.
-r~ SK 7 - PRELIA2L,19RY PLAN DESIGN:
2.1 Plane -The Engineer will prepare preliminary plans. As a minimum the preliminary
*~lans shall include the following:
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Cover Sheet with location map, signature block and index of sheets.
Typical Sections
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Plan. and Profile Sheets at 1"=20 horizontal & 1 =~' vertical showing existing
topography and proposed construction, control references, utilities, drainage design
and existing and proposed right-of-way.
Drainage data sheets.
Cross Sections.
Traffic Control; Construction Staging flan.
Erosion Control Plan.
Z,? ppinion of I'rvbable Cost -The Irngirzeer will prepare a preliminary opinion of
probable cost showing construction costs.
?,3 Eield Review -The Engineer will meet with the City staff for a field review of the
proposed design.
TASLG ~ - FINAL~'LA~~:
3.1 1~in~tl Plazzs -The Enguteer will prepare final plans with corrections as determined bV
the preliminary plan review and to reflect the City's construction budget. As a
nurtimum the final plans shall contain the following:
Co`%er Sheet with location map, signature block and index of sheets.
Typical Sections
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Plan Pmtile Sheets at 1"=~0' horizontal & 1"=5' vertical showing existing topography
and proposed construction, control references, utilities and existing and proposed
right-of-way. Culvert layout sheets.
Drainage data sheets.
Cross ~ectl0ns.
Traffic Control; Construction Sta};irzg Plan.
Eros'~on Control Plan.
Special details
Qu~ltity Sheet
.3.2 Utility Coordination -The Engineer will aid the City in coordinating utility
adju,tments. Services will include contacting appropriate utilities, forwarding plans
for utility review, and coordinating desigt~,s to minizxztze utility impacts. Actual
utili v relocation designs, other than City owned facilities will be the responsibility
of tre individual utility companies.
3.3 Specifications -The Engineer will prepare specifications in accordance with the
City's standard specifications and/or APWA standard specifications.
3.~ dni nlon pf Probable Cost -The Engineer will prepare nn opinion o£ probable
con.',truction cost.
3,5 Final Construction Documents -The Engineer will submit two sets of construction
doc~iments to the City.
T j _ bIN ERV
Bidding Se±-vices -The Engineer will provide the following services in conjunction with
bidding the plans:
4.1 Nntifv individual contractors as requested vy the City.
~}2 Distribute plans, bid documents, and specifications to potential bidders.
4.:i An:;iver contractor questions and issue bid addenda as needed.
4.4 Attend and prepare minutes of pre-bid meeting.
4.~ Tal: ulate and evaluate bids received and make recommendations for contract award.
.1.6 1'-epare and distribute conformed copies of the construction Contract Documents.
I'hf~se sen~ces shall include fvmishing the Contractor unsigrted construction Contract
Do °uments for execution, reviewing the Contractor's bonds and insurance
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c~rtif~.cates, and ixaztsmitting the construction Contract Doctunents to the Owner zor
signature and distribution.
The Engineer's review of the Contractor's insurance certificates is only for the
purpose of determining if the Contractor maintains the general types and amounts
of iz~;iurznce required by the specifications, aztd is not a legal review to determine if
the ~.ontractor's insurance coverage complies with all applicable laws and
renu;ations.
K' - L tiFOR'VIAT ON PROGRA.~:
5,1 iv'otiiy private citizens in the project area of the proposed roadway improvements.
Notices will be sent prior to each public meeting.
52 Prepare informational/educational material to be included with notices.
y.3 Coniuct up to two (2) meetings to present the project to the affected property
owners. receive community input, discuss easement requirements and the start of
construction ac'dvities'. Tits first meeting will be held with interested citizens at the
start of project design, the second tivi1l be held at completion of project design, and
the third will be held at the start of construction. If additional meetings are required,
the costs of preparing for and conducting such meetings will be negotiated with the
(~vner
K _ Tp r ~rTln>v PHASE SERVICES (OPTIONAL -NOT INCLUDED IN BASIC
SERVICES):
6.0 The scope of work for construction phase services if requested by Owner, sltatl be
negotiated near the completion of the design phase and prior to the award of the
construction contract, Construction phase services include, but are not limited to,
attendance of the preconstructian coztference, review of shop drawings, preparation
of construction record drawings, review of contractor pay requests, and preparation
of field change orders.
TASK 7 • RESID~I Ey N VI (OPTIONAL -NOT [NCL>/DED IN BASIC
SERVICES):
7.0 The scope of work for resident engineering services, if requested by owner, shall be
negotiated near the completion of the design phase and prior to the award of the
COPstruction COntrEict.
ARTI~'LE zu
OWNER'S RESPONSIBILITIES
The Owner shall do the following in a Hmely manner so as not to delay the services of the
Consult,Znt and shall beRr all costs thereto:
1. I7e;lgnate itt writing a person to act as Owner's representative with respect to the
services to be performed or furnished by the Consultant under this Agreement. Such
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person shall have complete authority to transmit instructions, receive irziormatlan,
interpret and define Owner's policies and decisions with respect to the Consultant's
sen-ices for the Project.
2. Provide to the Consultant a written :~lotice to Proceed with die engineering services
provided herein.
3. 1Vlake available to the Consultant all existing records, maps, plan<~a and other
infa~'mation passessed by Owner which are relevant to the Consultant in the
completion of the work under this Agreement. Engineer shall be responsible for
nlzlcing copies of information provided by Owner and returning ariginals to Owner.
~. Provide all criteria and full information as to Owner's requirements for the Project,
inchiding design objectives and constraints, performance requirements, any
budt;etarv limitations {Engineer shall provide budgetary cost estimates throughout
the pra~ress of the project in accordance with the Scope of Services in order to allow
Owzier to establish budgetary limitationsJ; and furnish copies of all standard forms,
design stamdards and construction standards which Owner will requite to be
included in the Plans and Specifications.
5. Pro~jide mailing list for all public notices and information to be sent out by the
Consultant.
6. Furnish to the Consultant, upon the request of the Consultant for performing the
sereices, data prepared by or services of others, including without limitation
explorations Find tests of subsurface conditions at or contig-uous to the site, drawings
of ~~hysical conditions in or relating to existing surface or subsurface utilities or
structures at or contiKuous to the site, hydrograpl•uc surveys, environmental
assessments, impact statements and other relevant environmental or cultural studies
pertainnzg to the Project, the site and adjacent areas. Owner shall not be responsible
for iu~al determination of physical and subsurface conditions based upon information
prepared for or provided by others.
7. Furnish existing relevant property descriptions and deeds for City property, and
zoning and other land use restrictions.
8. :4rringe for access to and make all provisions for the Consultant to enter upon public
anc private property as required for Consultant to perform services under this
A~ cement.
9. bxamine all alternate solutions, studies, reports, sketches, plans, specifications,
propasdlS and other documents presented by the Consultant gild r¢nder in writing
comments and decisions pertaining thereto.
10. Prcvide legal and insurance review of construction contract (front-endl documents
to be used for the Project.
11. Attend the pre-bid conference, bid opening, preconstructian conference, construction
progress and other Project-related meetings and final inspections.
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1 ~. Inform the Consultant whenever Owner observes or otherwise becomes aware of any
de relopment that affects the Scope of Services or the Tine Schedule of the Constil±ant
ir-i 'lte performance or furru_lung of the required services for the Project, or arty defect
or nenconiormzuice in the Consultant's services or in the work of any Contractor.
Changes to the scope of services, time schedule, or compensation will require written
no •lficatfon of the Cite.
ARTICLE IV
TI'~IE SCHEDLZE
.~. Desifr~i??z,tse and Pz~dL cizng~~C~y
The Cottsu.tant agrees to complete the work included in Tasks 1 - 3 inclusive, under Article
lI, Scope of Services, within QQ calendar days following receipt of a notice to proceed. From
the Owne-. Task ~ and 5 will be completed promptly at the direction of the Owner. If
required for the project, Task ,5 will be completed within the 14 calender davs of approval of
preliminary plans by the OGVner. •
B• C_anstructi~~n Phzz9e and Resident E~_'neP~; ser~ic°s
The Consultant agrees to complete these services, if requested by the Owner, in a titnely
mariner as the construction work progresses. •
ARTICLE V
COMPENSATION
A. DesignPhase and Biddin~,~ervicPs
The Owner agrees to pay the Consultant the fixed stun of thirty thousand ttvo hundred fifty
dollars ($00,~~0) for completion of Design Phase Services, Tasks 1 - y inclusive, trader Article
ll, Scope of:~er,"ices. Payment for 1~esigrr Phase Services shall be based upon an estimate of
work completed and shall be made in installment`G billed not more frequently than once each
month.
Payment shall ue made to th.e Con9ultttnt by tl,e Owner within thirty (3U') davs after receipt
of Coztsult~-u1t's invoice. If tkte Owner fails to make any payment due the Consultant .within
thirty (30) days after receipt of Consultant's invoice, the amounts due the Consultant t,-i11 be
increased at the rate of 1.5`;o per month from said thirtieth day.
13. Constructicz~ 1'ha~e and Cesident Ens-zr' °ring, Services
The compensation for Construction Phase and Resident Engineering Services, if requested
by Owner, shall be negotiated near the completion of the Design Phase and prior to the
ativard of a construction contract.
c~owrn~-,,,-rert~n.
ARTICLE VI
GEiVERr1L PROVTSIOtiS
Tiszies for RenderjnF Se~~ices: The Consultant's services anti compensation under this
Agreement have been agreed to in anticipation of orderly and continuous progress of the
Protect through completion of the besien Phase and the Construction Phase. Specific periods
of time for rendering services are set forth in Article IV, Time Schedule, in this Agreement,
by whist: limes defined services are to be completed. If sucl-~ periods of dme are changed
through no fault of the CotLUltant, the rates and amounts of compensation provided for
therein shall be subject to equitable adjustment.
it the Owns r fails to give prompt written authorization to proceed with any phase of services
after completion of the immediately preceding phase, or if the Construction Phase has not
commenced within six (6) months after completion of the Design Phase, or dues not proceed
in an orderly and continuous pro,s;ression, the Constiltant sha'tl be entitled to egtitable
adtustmen,: of rates and amounts of compensations to reflect reasonable costs incurred by
Consultant as a result of the delay or changes in the various elements that comprise such
rates of compensation.
2. Change in :?cone: The Scope of the tib'ork described in Article II, Scope of services, shall be
.subject to modification or supplement upon the written agreement of the Owner and the
Consultant. _~t the time of such modification of scope, equitable adjustments, agreeable to
both partie<_, shall be made in the time of performance and the compensation to be paid for
tl,e service:;.
• ~~, or LDocuments: All documents including Plans and Specifications provided or
fUrnrSlted b;~ the Consultant p1lrSll~nf to t{'itt :~~aom,?nt arm inctrumgnf6 of €gr~; 16~ in rc.GpCft
of the Project and ConGU.Etant shall retain an owrnerslup and property interest therein whether
or not the Project is completed. The Owner may make and retain copies for the use of the
Project by Owner and others; howe~,~er, any such reuse without written approval or
adaptation by the Consultant for the specific purpose intended will be at `she Owner's sole
risk and ~+~thout liability to the Consult-utt, and the Owner shall indemnify axed hold
harmless th~~ Consultant frerzt all claims, damages, losses and expenses including attorrtevs'
fees arising out of or resulting therefrom.
1, ins ~rancF: 'i11e Consultant shall procure and maintain insurance for protection from claims
under workers' compensation acts, claim for damages because of bodily injury including
personal in ury. sickness or disease or death of <uty and all emplavees, and from claims or
damages because of injury to or destruction of property including loss of use resulting
therefrom. Clze CottGttltutt shall list the ~avner as an additional instued nn the Consultant's
general liability u,<surance policy. The Consultant will notify the Owner u1 writixin within 30
days of cancellation of policy.
~• Te inati r.: This Agreement maybe terminated by either party upon seven (?) days written
notice in the event of substantial failure by the other party to perform in accordance with the
terms hereo `through no fault of the terminatin>; party; provided, however, that in any such
cash, the Consultant sha]I 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
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completed or partially completed designs, plans and specifications prepared under this
Agreement .shall 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 Projec+, except with the written consent of the Consultant.
6. Controllin,; [,aw: This Agreement is to be governed by the law of the State of tilisscuri
Iz~demnific;~: The Cor>~ult-,nt agrees, to the fullest extent permitted by law, to indemnify
and hold ';he Owner harmless from any damage, liability or cost (includu7Q reasonable
attorneys' fires and costs of defense) to +he extent caused by the Consultant's intentional and
negligent a cts, errors or ucnissians in the performance of professional services under this
Agreement and those of lus or her subconsult<-ults or anyone for whom the Consultant is
legally Liable.
The Owner agrees, to the fullest extent permitted 'ov la~v, to indemnify and hold the
Censult-u:t harnless from anv damage, liability or cost (including reasonable attorneys' fees
and costs of defe:ue) to the extent caused by the Owner's negligent acts, errors or omissions
and those of his or her contractors, subcontractors nr consultants ar ancone for whom the
Owner is legally liable, and arising from the Project that is the subject of this Agreement.
.The Consultant is not obligated to ittdemruf_v the Owner in anv manner whatsoever for the
Owner's ov~-n negligence.
'~. ;~vvy~r, ,ility; clay provision cr part of the r'.gt'eell'cLi d held to be void or unenforeeai~le trader
anv law nr ragniatinn shall be deerneKl stricken and all remaining provisions shall continue
to '~~e valid znd binding upon the Owner and the Consultant, who agree that the Agreement
shall 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
stricker, provision.
9. ' , ~ ~ : Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears an the signature page to this Agreement (as
modified in writing trom time to time by such party) and given personally, by registered or
certified mail, return receipt requested, by facsimile ~r by a nationally recognized overnight
cotu•ier sere ice. All notices shall be effective upon the date of receipt.
10- Successors end ' sc;_ s: The (?caner and Consultant each is hereby bound and the partners,
successors, executors, administrators, legal representatives and assigns of Owner and
Consultant 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 r1g-c~eement.
tif?ither the t~wner nor the ~pn.g,>jtant may assign, sublet, or transfer any rights under vt
interest (including, but without linutation, moneys that are due or may become due) in this
Agreement ,vithout the written consent of the other, except to the extent that anv assignment,
subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written concept to an assignment, no
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assi~nent tivill release or discharge the assinnor from any duty or responsibility under this,
Agreemenl.
~iothin,g zzl ;his Agreement shall be constnied to create, impose or give ri.e to any duty owed
by the Con: ultant to any Contractor, subcontractor, supplier, other person or entity, or to any
surety for or employee of any- of them, or give any rights u1 or benefits under ttus A~_~-reement
to anyone other than the Owner and the Consultant.
IN 4VTT;~,')/,~~5 WF~REO;~, the parties hereto have executed this Agreement to be e Efective as
~~f the date first above written.
OWNER:
CITY OF RIVE1251 DE, MO,
$y~ _
Title:~i~ c'!
CONSULTANT:
BUCHER, WILtIS $c RATLIFp CORPORATION
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By: ~ ,
Ronald ~. WilliamNOn:~.LC.P
Title: Princip,~j
Address for giving; notices:
Litt of Riverside
P.O. Box 9135
Riverside, 1~I0 5~].ei8
Address for s~*iving notices:
Bucher, Willis & Ratliff Corporation
7920 Ward Parkway, Suite 100
~dI1Sd5 City, ?vlissouri ~1I4
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