HomeMy WebLinkAboutR-2016-075 Spurgeon Kuhl & Fresnock Architects - Public Safety Space Needs/Facility Study RESOLUTION R-2016-075
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND WILLIAMS
SPURGEON KUHL & FRESHNOCK ARCHITECTS, INC. FOR PUBLIC SAFETY SPACE
NEEDS/FACILITY STUDY
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS
THAT the proposal of Williams Spurgeon Kuhl & Freshnock Architects, Inc. for the City
Public Safety Space Needs/Facility Study Project in the amount of $40,000.00 is hereby
accepted and approved; and
FURTHER THAT an agreement by and between the City of Riverside and Williams
Spurgeon Kuhl & Freshnock Architects, Inc., in substantially the same form as attached hereto
and incorporated herein by reference, is hereby authorized and approved, and the Mayor is
authorized to sign on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials
are hereby authorized to take any and all actions as may be deemed necessary or convenient
to carry out and comply with the intent of this Resolution and to execute and deliver for and on
behalf of the City all certificates, instruments, agreements and other documents, as may be
necessary or convenient to perform all matters herein authorized.
PASSED AND ADOPTED by the Board of Aldermen the 20th day of December, 2016.
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R I /;�. Kathleen L. Rose, Mayor
ATTEST:
Robirt•Kintaio, Gity peek
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AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
THIS AGREEMENT is entered into as of the 20th day of December, 2016 (the
"Effective Date"), by and between Williams Spurgeon.Kuhl & Freshnock Architects, Inc., (the
"Consultant") and the City of Riverside, Missouri (the"City").
WHEREAS, the City desires to engage the Consultant to provide services to the City
regarding consulting design services as more fully described in Exhibit A, entitled "Project
Services" attached hereto and incorporated herein by reference.
NOW, THEREFORE, in consideration of the promises and mutual covenants between
the parties and for other good and valuable consideration the receipt of which is acknowledged
by the parties,they agree as follows.
1. Term of Agreement.
This Agreement shall begin as of the Effective Date. The Project Services shall be performed as
expeditiously as is consistent with professional skill and care, and shall proceed in accordance
with the project schedule contained in Exhibit A. In the event the City determines that
performance of the Project Services is not progressing as reasonably required by the project
schedule, or that the Work is being unnecessarily delayed or will not be finished within the
prescribed time, the City may, in the City's sole discretion and in addition to any other right or
remedy City may have, require Consultant, at Consultant's sole cost, to accelerate progress. Such
acceleration shall continue until the progress complies with the project schedule and clearly
indicates that all work will be completed within the prescribed time.
2. Scope of Services.
The Consultant shall provide the Project Services described in Exhibit A.
3. Compensation and Invoices.
The City agrees to compensate the Consultant for satisfactory Project Services in the amount of
$40,000.00. This amount shall include all costs, permit fees, profit, overhead, expenses, taxes,
and compensation of every kind related to the Project Services.
4. The City's Responsibilities.
The City shall cooperate with the Consultant in performing the Project Services by making
available at reasonable times and places relevant City documents and pertinent City officers and
employees to answer questions or respond to inquiries.
5. Insurance.
A. General Provisions. Consultant shall file (within ten days of the Effective Date) with the
City evidence of liability insurance that is consistent with the amounts set forth below.
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B. Limits and Coverage.
1. A policy of insurance for Commercial General Liability Coverage and
Automobile Liability Coverage shall be provided in the aggregate amount of not
less than $2,000,000 for all claims arising out of a single accident or occurrence
and $500,000 for any one person in a single accident of occurrence.
a. The following endorsements shall attach to the policy:
(i) The policy shall cover personal injury as well as bodily injury.
(ii) The policy shall cover blanket contractual liability subject to the
standard universal exclusions of contractual liability included in
the carver's standard endorsement as to bodily injuries, personal
injuries and property damage.
(iii) Broad form property damage liability shall be afforded.
(iv) The City shall be listed as an additional insured.
b. The policy shall not be cancelled, or materially modified so as to be out of
compliance with the requirements of this section, or not renewed without
thirty (30) days advance written notice of such event being given to the
City.
2. The Consultant shall obtain and maintain Workers' Compensation Insurance in
not less than the statutory amount, and in case any work is sublet, the Consultant
shall require any subcontractors to provide Workers' Compensation insurance for
all subcontractor's employees, in compliance with Missouri law. The Consultant
hereby indemnifies the City for any damage resulting to it from failure of either
the Consultant or any contractor or subcontractor to obtain and maintain such
insurance.
3. Professional Liability Insurance in the minimum amount of$1,000,000.
6. Relationship of Parties.
The Consultant shall be an independent contractor in its capacity hereunder. Nothing herein
shall be construed to create an employer-employee relationship. All services performed pursuant
to this Agreement shall be performed by the Consultant as an independent contractor. The
Consultant shall not have the power to bind or obligate the City except as set forth in this
Agreement or as otherwise approved by the City in writing.
7. Notices.
Any notice, approval or other communication between the City and the Consultant pursuant to
this Agreement shall be made in writing and shall be deemed to be effective upon receipt or
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refusal of service and may be given by personal delivery, courier, reliable overnight delivery or
deposit in the United States mail, postage prepaid, registered or certified, return receipt
requested, to the address specified below or to such other address as may later be designated by
written notice of the other party:
The City: City of Riverside
Attn: City Administrator
2950 NW Vivion Road
Riverside, Missouri 64150
The Consultant: Williams Spurgeon Kuhl & Freshnock Architects, Inc.
110 Armour Road
North Kansas City, Missouri 64116
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and the Consultant.
8. Disputes.
In the event of a dispute between the City and the Consultant arising out of or related to this
Agreement, the aggrieved party shall notify the other parties of the dispute within a reasonable
time after such dispute arises in an effort to resolve the dispute by direct negotiation or
mediation. During the pending of any dispute, the parties shall continue diligently to fulfill their
respective obligations hereunder.
9. Waiver.
A waiver by any party of any breach of this Agreement by any other party shall only be in
writing. Such a waiver shall not affect the waiving party's rights with respect to any other or
further breach or the same kind of breach on another occasion.
10. Severability.
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement.
Any invalid, illegal or unenforceable provision shall be deemed severed from this Agreement,
and the balance of this Agreement shall be construed and enforced as if it did not contain the
particular portion or provision held to be invalid, illegal or unenforceable. The parties further
agree to amend this Agreement to replace any stricken provision with a valid, legal and
enforceable provision that comes as close as possible to the intent of the stricken provision. The
provisions of this Section shall not prevent this entire Agreement from being invalidated should a
provision which is of the essence of this Agreement be determined to be invalid, illegal or
unenforceable.
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11. Entire Agreement; Governing Law.
This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous agreements and negotiations with
respect thereto. This Agreement may be amended only by a written instrument signed by all
parties. This Agreement shall be governed by the laws of the State of Missouri. In the event this
Agreement is litigated, venue shall be proper only in the Circuit Court of Platte County,
Missouri.
12. Successors and Assigns.
Williams Spurgeon Kuhl & Freshnock Architects Inc. binds itself and its successors or assigns to
all provisions of this Agreement.
13. Termination for Convenience.
Notwithstanding anything contained herein to the contrary, City may, at any time, for any reason,
and without Consultant being in default, terminate Consultant's performance of any part or all of
the Project Services for City's own convenience by giving written notice to Consultant. Upon
receipt of notice of termination for City's convenience, Consultant shall, to the extent directed by
City, stop work and turn over to City or City's designee materials and equipment purchased for
the Project Services. City shall pay Consultant for only so much of the work as is actually
performed as of the termination for convenience. City shall not be obligated to Consultant for
any further payment, including but not limited to prospective overhead or profit on unperformed
work.
14. Assignment.
Neither the City nor the Consultant shall assign any rights or duties under this Agreement
without the prior written consent of the other party, which consent may be granted or withheld in
such other party's absolute discretion. Nothing contained in this Section shall prevent the
Consultant from engaging independent consultants, associates, and subcontractors to assist in
performance of the Project Services subject to prior approval by the City.
15. No Third Party Rights.
The provisions of this Agreement shall not be deemed to create any third party benefit hereunder
for any member of the public or to authorize any one, not a party hereto, to maintain suit
pursuant to the terms of this Agreement.
16. Counterparts.
This Agreement may be executed in separate counterparts.
17. Good Faith Efforts and Cooperation.
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The parties agree to use good faith efforts in a professional manner in the performance of their
services and covenants in this Agreement and to cooperate at all times and coordinate their
activities as necessary during the Term of this Agreement to assist in performance of the Project
Services and to ensure performance of the Project Services in an efficient and timely manner.
18. Authority.
Each party represents to the other parties that it has the power and authority to enter into this
Agreement and that the person(s) executing it on its behalf has the power to do so and to bind it
to the terms of this Agreement.
19. Covenant Against Contingent Fees.
The Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working for the Consultant, to solicit or secure this Agreement, and that
Consultant has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission,percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty, the
City shall have the right to annul this Agreement without liability or, at its discretion,to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
20. Ownership of Documents.
Payment by City to Consultant as provided herein shall vest in City title to all drawings, sketches,
studies, analyses, reports, models, and other paper, documents, computer files, and material
produced by Consultant exclusively for the Project Services performed pursuant to this Agreement,
and the right to use the same without other or further compensation, provided that any use for
another purpose shall be without liability to the Consultant. Consultant will provide City will all
drawings, sketches, studies, analyses, reports, models, and other paper, documents, computer files,
and material produced by Consultant exclusively for the Project Services within ten (10) business
days of receiving final payment, or upon a request by City for the same if made, all at no cost to
City.
21. Compliance with Laws.
Consultant shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the Project Services. Consultant shall secure all licenses, permits, etc. from public and
private sources necessary for the fulfillment of its obligations under this Agreement.
22. Indemnification and Hold Harmless.
Consultant shall indemnify and hold harmless City and its officers, agents, employees, elected or
appointed officials, and attorneys, each in their official and individual capacities, from and
against judgments, damages, claims, losses, expenses, including reasonable attorneys' fees, to
the extent caused by the negligent acts, errors, omissions, or willful misconduct of Consultant, or
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its employees, or subcontractors, in the performance of Consultant's duties under this Agreement,
or any supplements or amendments thereto.
23. Professional Responsibility.
Consultant will exercise reasonable skill, care, and diligence in the performance of its services in
accordance with customarily accepted professional engineering practices. If Consultant fails to
meet the foregoing standard, Consultant will perform at its own cost, and without reimbursement
from City, the professional design services necessary to correct errors and omissions that are caused
by Consultant's failure to comply with above standard.
24. Tax Exempt.
City is exempt from State and local sales taxes. Sites of all transactions derived from this
Agreement shall be deemed to have been accomplished within the State of Missouri.
25. Safety.
In the performance of the Project Services, Consultant shall comply with the applicable
provisions of the Federal Occupational Safety and Health Act, as well as any pertinent federal,
state and/or local safety or environmental codes.
26. Anti-Discrimination Clause.
Consultant and its agents, employees, or subcontractors shall not in any way, directly or
indirectly, discriminate against any person because of age, race, color, handicap, sex, national
origin, or religious creed.
27. Authorized Employees.
Consultant acknowledges that Section 285.530 RSMo prohibits any business entity or employer
from knowingly employing, hiring for employment, or continuing to employ an unauthorized
alien to perform work within the State of Missouri. Consultant therefore covenants that it is not
knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly
employ, hire for employment, or continue to employ any unauthorized aliens to perform work on
the Project, and that its employees are lawfully eligible to work in the United States. Consultant
agrees to execute the affidavit contained in Exhibit B.
IN WITNESS WHEREOF,the Consultant and the City have executed this Agreement as of the
Effective Date.
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WILLIAMS SPURGEON KUHL &
FRESHNOCK ARCHITECTS, INC.:
By:
Name: rnrn�'�11nnN-pp���-�+�
Title: C/�1�1,1Q1'�Jv
Date:
8
CITY OF RIVERSIDE, MISSOURI:
By: Zaa&4J D
kalleen L. Rose, Mayor
Countersigned by:
CITY PURCHASING AGENT:
By:
eg P. Mills
City Administrator
ATTEST:
Robin Kincaid, City Clerk
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EXHIBIT A
Project Services
Investigation & Inquiry
The Study includes the assessment of space needs and adequacies of each Department with
respect to the current requirements and the future requirements of the next 15-20 years. Our
services include; architectural, structural, MEP engineering and civil engineering assessment
services. We believe that most of the investigation and inquiry will be completed by WSKF with
support services by the noted disciplines. However, we will use the resources of our consultants
as needed.
Preliminary Design
The Study includes the translation of the "space needs and adequacies" into a preliminary
design. In order to reach a recommended design, we will likely assess multiple design scenarios
in order to test and affirm the final recommended design. As with the Investigation and Inquiry,
we will utilize the resources of our consultant partners to assist with the design to assure design
viability and appropriateness.
The final deliverable documents to the City of Riverside will include; 1) Study narrative
(describing the completed Investigations & Inquiry), 2) Preliminary Design (floor plan/site plan,
building elevations/views) and 3) Cost Estimate (for the final design).
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EXHIBIT A
Project Services
ACTIVITES Dec. '16 Jan. '17 Feb. '17 Mar. '17
12/13 12/19 12/26 1/3 1/9 1/16 1123 1/30 2/6 2/13 2/20 2127 3/6 3113 3/20 3/27
NOTICE-TO-PROCEED - 12/13
INVESTIGATION/INQUIRY
Project Team Kickoff Meeting
Team Investigation
Team Draft Report
PRELIMINARY DESIGN
Project Team Kickoff Meeting
Team Design
Team Draft Report
Team Report Update
Team Final Report
EXHIBIT B
AFFIDAVIT for WORK AUTHORIZATION
(as required by Section 285.530, Revised Statutes of Missouri)
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within
the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of
work authorization programs operated by the United States Department of Homeland Security
or an equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, under the Immigration
Reform and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person is
aware of the nature of the person's conduct or that those circumstances exist; or
(b) with respect to a result of the person's conduct when the person is aware that the
person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization
under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3).
State of Yn aagaA,,, )
County of Cg6g ) ss:
BEFORE ME, the undersigned notary, personally appeared �c �, who, being
duly swom, states on his/her oath or affirmation as follows:
1. My name is KuJL-Q and I am currently thef?]�of Williams
Spurgeon Kuhl &Freshnock Architects, Inc.,I 10 Armour Road,North Kansas City,Missouri 64116
(hereinafter"Consultant"), , and I am authorized to make this Affidavit.
2. I am of sound mind and capable of making this Affidavit, and am personally acquainted
with the facts stated herein.
3. Consultant is enrolled in and participates in a federal work authorization program with
respect to the employees working in connection with the following services contracted between
Consultant and the City of Riverside: Public Safety Space Needs/Facility Study.
4. Consultant does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services set forth above.
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5. Attached hereto is documentation affirming Consultant's enrollment and participation in
a federal work authorization program with respect to the employees working in connection with the
contracted services.
Further,Affiant saith not.
Signature ofAffia ' y�
Printed Name: (—I A� -AA- L
Subscribed and sworn to before me this c� day of GxamkZJl, ao/(0
2016.
Cathben A SmO)
Pu Ib-No ry 3ea1
��CT�XTEofMMI�S URI�o
a0tr1553 3591 •IIOt9 Notary Public
*PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following
2 pages of the E-Verify Memorandum of Understanding: (1) a valid, completed copy of the first
page identifying the Consultant; and (2) a valid copy of the signature page completed and signed
by the Consultant, and the Department of Homeland Security-Verification.
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01/06/2017 FRI 10: 59 FAX 2001/001
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110 Armour Road
North Kansas City,MO 64116 INSURER D,
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CITYRIV
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CIS of Riverside THE EXPIRATION DATE THERaCP, NOTICE WILL OR DELIVERED IN
City
Robin Klnkald ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 6136
Riverside,MO 64168 AUTHORM/i3O'RIWflEEENTATIVa
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IVERSID CITY OF RIVERSIDE EXPIRATION DATE
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THIS LICENSE IS ISSUED PURSUANT TO THE
RICK KUHL PROVISIONS OF THECITY CODEOF THE CITY
WSKF ARCHITECTS OF RIVE7SIDEAND AMENDMENTS THERETO.
110 ARMOUR ROAD
NORTH KANSAS CITY MO 64116
Mayor
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