HomeMy WebLinkAbout2007-085 - Service Agreement with Fire Protection and Code Consultants~;~. ~•
BILL N0.2007-85
ORDINANCE N0.2007-85
AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO A
SERVICE AGREEMENT WITH FIRE PROTECTION AND CODE CONSULTANTS
(FP&C) FOR DEVELOPMENT REVIEW SERVICES
WHEREAS, Fire Protection and Code Consultants (FP&C) are in the business of providing
professional services, including but not limited to development review services (the "Services"); and
WHEREAS, the City of Riverside, Missouri (the "City") has determined that the City requires the
Services for certain projects, and that such Services are for a public purpose, and the City desires to retain
Fire Protection and Code Consultants (FP&C) to provide such Services; and
WHEREAS, the City has negotiated with Fire Protection and Code Consultants (FP&C) and the
City and Fire Protection and Code Consultants (FP&C) have reached an agreement (the "Agreement")
concerning the provision of, and payment for, such services.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as
follows:
Section 1. The City of Riverside shall enter into the Agreement, to be substantially in the form
attached hereto as Exhibit A, with Fire Protection and Code Consultants (FP&C), whereby Fire Protection
and Code Consultants (FP&C) will provide Services specified in the Agreement, and as consideration for
such Services the City shall pay fees described in the Agreement.
Section 2. The Mayor and the City Clerk are authorized and directed to execute the Agreement,
execution of such document being conclusive proof of such approval. The Mayor, City Clerk, and City
Administrator are each authorized and directed to perform all acts and execute any other documents
necessary or desirable to effectuate the intent of this Ordinance.
Section 3. This Ordinance shall take effect immediately.
Passed this ~T may of July, 2007.
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Ma oy r Kathleen L. Rose
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PROFESSIONAL SERVICES AGREEMENT
THI P FESSIONAL SERVICES AGREEMENT ("Agreement") is made as of the ~s~day
of ~~~ 2007, between THE CITY OF RIVERSIDE, MISSOURI, a fourth class city of the
State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150 ("City") and Fire Protection
& Code Consultants, Inc., a corporation, One Ward Parkway, Suite 200, Kansas City, Missouri
64112 ("Consultant"), who, intending to be legally bound, hereby agree as follows:
WITNESSETH:
WHEREAS, the City is in need of professional assistance in a technical field to conduct
inspections to assure compliance with provisions of the International Fire Code ("IFC") for the
projects more fully described in the Fire Code Plan Review Proposal, attached hereto as Exhibit
A ("Proposal"); and
WHEREAS, the Consultant represents that it has sufficient experience and qualified
personnel to perform, and the City desires the Consultant to perform, the professional services
herein described; and
WHEREAS, the City has determined, based upon information provided by the
Consultant, that Consultant is qualified to provide the professional services described herein; and
WHEREAS, the City has agreed to the Consultant's Proposal attached hereto as Exhibit
A; and
WHEREAS, the City desires to enter into this Agreement to govern the provision by
Consultant to City of professional services which aze beyond the scope of the Proposal or any
other agreements of the parties;
NOW, THEREFORE, in exchange for the covenants exchanged herein and for other
good and valuable consideration, the receipt and sufficiency of which each party hereby
acknowledges City and Consultant agree to the terms of this Agreement as of the effective date
hereof:
ARTICLE I
Scope of Services
Consultant shall provide for the City professional services, which shall include providing
fire code plan review services for the City which are further detailed in the Proposal, attached
hereto as Exhibit A.
The City may request additional services to extend this Agreement to provide project
related services not anticipated at the time of this Agreement. At the City's request Consultant
shall submit a written scope of the additional work including an estimate of additional costs for
the performance of such additional work. No change in scope shall be effective nor shall
additional compensation be paid except on the basis of the provisions of a written supplemental
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agreement or amendment hereto which may be duly entered into by the parties of this
Agreement.
ARTICLE II
Compensation
The City shall pay Consultant for services performed as outlined in the Proposal attached
hereto as Exhibit A.
ARTICLE III
Time
In absence of written directions to the contrary, receipt of the executed Agreement shall
be the Consultant's Notice to Proceed.
Solely at the discretion of the City, an extension in time may be granted to the Consultant
for delays determined by the City as unavoidable. Consultant may request an extension of time
stating fully the reasons for such request.
ARTICLE IV
City's ResQonsibilities
City shall perform the following in a timely manner so as not to unreasonably delay the
services of the Consultant:
1. attend any necessary meeting during the project to facilitate the communication
between parties involved in the inspections;
2. attend any final inspections related to the project if so requested by Consultant;
3. review inspection reports and identify any issues which need to be resolved;
4. assist in the review and approval of any changes submitted to approval plans; and
5. identify, in writing, a primary point of contact through whom all communications
to the consultant shall be issued.
ARTICLE V
Consultant's Responsibilities
In addition to the basic services identified in Article I and further detailed on Exhibit A,
the consultant shall do the following:
1. comply with local, state and federal rules, regulations, and laws pertaining to this
Agreement that are applicable at the time the Consultant performs the services set
forth herein, regardless of whether such rules, regulations and laws are
specifically referred to in this Agreement. Consultant shall protect and indemnify
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the City and it's officers and agents against any claims or liability arising from or
based on any violation of the same;
2. shall coordinate with the City to schedule inspections;
3. shall conduct inspections using the 2003 International Fire Code (IFC);
4. submit inspection reports within three business days of an inspection. Inspection
reports shall contain at a minimum: inspection number, date of inspection,
inspector, approval or deficiencies in the case if not approved, as well as
resolution of such deficiencies along with the associated date of such resolution;
5. immediately upon expiration or termination of the Agreement, return to the City a
summary of the inspection reports generated pursuant to this Agreement and other
data furnished to the Consultant by the City pursuant hereto;
6. indemnify and hold harmless the City, its elected officials, officers, employees,
and agents, from all claims, damages, losses and expenses, including attorney's
fees, arising out of or resulting from the performance of Consultant's services,
provided that any such claim, damage, loss, or expense is caused in whole or in
part by a negligent or intentional act, error or omission of the Consultant, its
subcontractors, anyone directly or indirectly employed or retained by any of them,
or anyone for whose acts any of them may be liable, whether or not arising before
or after completion of Consultant's services;
7. maintain Professional Liability Insurance in an amount of no less than
and provide the City with certification thereof upon request. All
general liability and automobile liability insurance shall be written on an
occurrence basis unless otherwise agreed by the City in writing. All insurance
carriers must be licensed to do business in the State of Missouri; carry a Best's
policyholder rating of "A" or better and/or that is acceptable to the City; and carry
at least a Class x financial rating;
8. employ persons qualified to efficiently perform the obligations and duties of the
Consultant under this Agreement. If the City shall so direct, the Consultant shall
remove from the Project any inspector or other person employed by the
Consultant in connection with the work; and
9. maintain, at all times during the performance of any of the work, maintain
workers' compensation and employer's liability insurance. This insurance shall
protect Consultant against all claims under applicable state workers'
compensation laws. Consultant also shall be protected through employer's
liability coverage against claims for injury, disease, or death of employees which,
for any reason, may not fall within the provisions of a workers' compensation
law. The limits shall not be less than the following:
a. Workers' Compensation Statutory
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b. Employer's Liability:
• Bodily injury by accident $1,000,000.00
• Bodily injury by disease $500,000.00 each employee.
ARTICLE VI
Miscellaneous
Controlling law. This Agreement is to be governed by the laws of the State of
Missouri.
2. Assignment. None of the obligations of the Consultant under this Agreement shall
be assigned without the approval in writing of the City.
3. Bindinu on Successors. This Agreement is binding upon and fully enforceable
against the successors and assigns of the Consultant, whether or not consented to
by the City.
4. Reuse of Information. City shall have ownership of all information, including
reports, surveys, designs, presentation graphics and creative products, furnished
under this Agreement. City's right of reuse siRall be unlimited in frequency and
quantity. No additional compensation shall be due the Consultant for City's reuse
of the information.
5. Termination for Default.
5.1 Default. If.the Consultant refuses or fails to perform any of the provisions
of this Agreement with such diligence as will ensure its completion within the time
specified in this Agreement, or any extension thereof, or commits any other substantial
breach of this Agreement, the City may notify the Consultant in writing of the delay or
nonperformance and if not cured in ten days or any longer time specified in writing by
the City, the City may terminate the Consultant's rights to proceed with the Agreement or
such part of the Agreement as to which there has been delay or a failure to properly
perform.
5.2 Compensation. The City shall pay the Consultant the costs and expenses
and reasonable profit for services performed by the Consultant prior to receipt of the
notice of termination; however, the City may withhold from amounts due to the
Consultant such sums as the City deems to be necessary to protect the City against loss
caused by the Consultant because of the default.
5.3 Excuse for Nonperformance or Delayed Performance. Except with respect
to defaults of subcontractors, the Consultant shall not be in default by reason of any
failure in performance of this Agreement in accordance with its terms if the Consultant
has notified the City within 15 days after the cause of the delay and the failure arises out
of causes such as: acts of God; acts of the public enemy; acts of the City or any other
governmental entity in its sovereign or contractual capacity; fires; floods; epidemics;
quarantine restrictions, strikes or other labor disputes. If failure to perform is caused by
the failure of a subcontractor to perform or to make progress, and if such failures arises
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out of the causes set forth above, the Consultant shall not be deemed to be in default,
unless the services to be furnished by the subcontractor were reasonably obtainable from
other sources in sufficient time to permit the Consultant to meet the terms of the
Agreement. Upon request of the Consultant, the City shall ascertain the facts and extent
of such failure, and, if the City determines that any failure to perform was occasioned by
any one or more of the excusable causes, and that, but for the excusable cause, the
Consultant's progress and performance would have met the terms of the Agreement, the
time for completion of the Agreement shall be revised accordingly, subject to the rights
of the City under the clause entitled "Termination for Convenience".
6. Termination for Convenience.
6.1 Termination. The City may, when the interests of the City so require,
terminate this Agreement in whole, or in part, for the convenience of the City. The City
shall give written notice of the termination the Consultant specifying the part of the
Agreement terminated and when termination becomes effective.
6.2 Consultant's Obli atg ions. The Consultant shall incur no further
obligations in connection with the termination services and on the date set in the notice of
termination the Consultant will stop work to the extent specified.
6.3 Compensation. The City shall pay the Consultant the following amounts:
a. All costs and expenses incurred by the Consultant for work
accepted by the City prior to the Consultant's receipt of the notice
of termination, plus a reasonable profit for said work.
b. All costs and expenses incurred by the Consultant for work not yet
accepted by the City but performed by the Consultant prior to
receipt of the notice of termination, plus a reasonable profit for
said work.
Anticipatory profit for work and service not performed by the Consultant
shall not be allowed or paid.
7. Disputes.
7.1 The City and Consultant agree that disputes relative to the Project or this
Agreement should first be addressed by negotiations between the parties. If direct
negotiations fail to resolve the dispute, the party initiating the claim that is the basis of
the dispute shall be free to take such steps as it deems necessary to protect its interests;
provided, however, that notwithstanding any such dispute, the Consultant shall proceed
with its services under this Agreement as though no dispute exists; and provided further,
that no arbitration proceedings shall be initiated by Consultant without the prior written
consent of the City.
8. Independent Contractor. It is agreed that Consultant in an independent contractor
to the City and shall not be considered an employee, Consultant shall be
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responsible for and pay all taxes and withholdings required by law upon the
compensation paid under this Agreement, and shall indemnify and hold harmless
the City from liability in connection therewith.
9. Notice. Any formal notice required or permitted under this Agreement shall be
deemed sufficiently given if said notice is personally delivered or sent by First
Class mail, postage prepaid, to the party to whom said notice is to be given.
Notices delivered in person shall be deemed to be served effective as of the date
the notice is delivered. Notices sent by First class shall be deemed to be served
seventy-two (72) hours after the date said notice is postmazked to the addressee,
postage prepaid.
Until changed by written notice given by one party to the other, notice to the City
and Consultant shall be made as follows:
The City of Riverside FP&C, Fire Protection and Code
c/o Brent Miles Consultants, Inc
2950 NW Vivion Road c/o Jeff Bresette
Riverside, MO 64150 One Wazd Pazkway, Suite 200
Kansas City, MO 64112
10. Phraseoloay. In this Agreement, the singulaz includes the plural, the plural
includes the singular and any gender includes tbie other gender.
11. Descriptive Headinss. The descriptive headings of the provisions of this
Agreement are formulated and used for convenience only and shall not be deemed
to affect the meaning and construction on any such provision.
12. Amendments. This Agreement may not be amended unless such amendment is in
writing and signed by both parties hereto.
13. Invalidity. In the event that any provision in this Agreement shall be adjudicated
invalid under applicable laws, such invalid provision shall automatically be
considered reformed and amended so as to conform to all applicable legal
requirements, or, if such invalidity cannot be cured by reformation or amendment,
the same shall be considered stricken and deleted, but in neither such event or
events shall the validity or enforceability of the remaining valid portions hereof be
affected thereby.
14. Waiver. The failure of either party to insist upon the strict performance of any of
the terms or conditions of this Agreement or to exercise any option, right or
remedy herein contained, should not be construed as a waiver or relinquishment
for the future of such term, provision, option, right or remedy, but the same shall
continue and remain in full force and effect. No waiver by either party of any
term or provision hereof shall be deemed to have been made unless expressed in
writing and signed by the waiving party.
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15. Mercer. This Agreement and the documents incorporated by reference constitute
the entire agreement between the parties with respect to the professional services
set forth herein. There are no verbal understandings, agreements, representations,
or warranties between the parties which are not expressly set forth herein. This
Agreement supersedes all prior agreements and understandings between the
parties, both written and oral.
16. Verbal Statements Not Bindinc. It is understood and agreed that the written terms
and provisions of this Agreement shall supersede all verbal statements of any and
every official and/or other representative of flee City, and such statements shall
not be effective or be construed as entering into, or forming a part of, or altering
in any way whatsoever, the written Agreement.
17. Survivorshiu. Notwithstanding the termination of this Agreement, Consultant's
obligations with respect to indemnification (Article V, Section 6) and Insurance
(Article V, Section 7), and any other terms and conditions which by their nature
should survive termination, shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties have hereby cause this Agreement to be
executed by their duly authorized representatives as ofthe day and year first set forth above
CITY
City of Riverside, Missouri,
a Missouri municipal corporation
By: ~~~ - I_
Name: ~Ca~Hkeyr L . iPcs-e~
Title: ~i~a,~./ak~
i
CONSULTANT
Fire Protection &Code Consultants, Inc.
By:
Name E
Title: A./~ e~
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Exhibit A
Fire Code Plan Review Proposal
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07/23/2007 16:06
8169313378
F'P&C CONSULTAN'PS INC
PAGE 05/06
July 19,2007
Mr. l9rent Miles
Director of Pletuxing ~c Deveioploaent
City of Riverside
2950 I>lVV Vivion Road
Riverside, MO 641 SO
Dear Brent:
FP60 cOnsalunta. in0.
On• Waitl P•rMxay
8ulte 200
Kamen Cay. MO &1112
rs+et ia+a7ti
(61~ 631~e cre>n
Thank you for salting F+PBcC Coltsult»,uts, ina to provide conshuction code plan review services
for the City of Riverside, Missouri. We understand that the plan review services are with FP&C
Consultants acting oA behalf of the City of Riverside. x111 permit issuance will be by the City of
Riverside.
FPBcC Consultants proposes to porPorm the following scope of services:
1. Review submlitted plans per the constntction codes as adopted and enforced by the City
of Riverside. A11 comments will be provided in written format to the applicant and
copied to the City oi' Riverside. The currently adopted codes era as follows:
• 20(13 International Building Code (IBC) and xeference standards
• 2003 Intcrnation~al Mechanical Code (IMC)
• 2003 International Pluxabing Code (IPC)
• 2002 3vatianal llcetrieal Code (NBC)
• AD~1AG
• 2003 International Energy Conservation Cale
2. Provide back check reviews as neccs.~ary.
3. Attend meeting with the City of Itivorside and/or Dtsign/Constructivn'peams to resolve
any outstanding issued as needed.
IndUnapoOe, Indlam
KanaU9 C1ty, Mbeourl
Ri
...
07/23/2007 16:06 8164313378 FP&C (X]N5U-TANTS INC PAGE 06/06
iylr. Brent Miles July 19, 2007
~ itv of RivYa~ida Buildip~ Coda °la: ° °°iew Proposal #2007182 -Pace 2
4. A.tsist the Ctty in developing policies and procectnrea for both plan review and inspection
pcoocdures.
5. Alternative methods and/or variances potentially proposed by an applicant will be
discussed with the City and docunlartted appropriately, when necessary.
...~
FPBcC Consultants proposes to perform the above services at an hourly rate of $Id0.00Pooux for
labor only. 13xpeartscs are not anticipated, however, if incnrted will be billed at coat.
We look forward to working with you on another successful project. If you havo any comnoents
or questions, please do not hesitate to intact me.
$iulccrely,
p'k~C CbNSiJL~A1VT5, A~TC.
~~
J L. Breaettc
JLB/vlr
Accepted By:
Cl"1"1' Old ~VER3IAE
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Date
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07/23/2007 16:06 8169313378
July 23, 2007
Mr. Brant Mlles
Director of Panning & Development
Gity of Riverside
2950 NW Vivion Road
Rivexside, MO 6~1i;30
FP&C CONSULTANTS INC PAGE 02/06
FPdC Ca•u3anM, Ino.
ana ward Parkway
81AN P90
Konoae dry. MO 94t12
nd rorana~aaartaasumar~ {816)a91ds77
(916) 981+9378 {Fad
Dear Brent,
')?hank you for asking Rl'&C Consultantsa, Ina to provide t~trc node plsu review services fot tlxe
City of Riverside, Missouri. We understand that the plan review services are such that i~acC
Consultants would be actiug on behalf of the City of Riverside and at this point are for the
following projects; .
• 1~1nbassy Laadsc:aplltg Building .
• A ouE-story of~xca building at th® Briaraliff Projeat
• A two-story office building at tlae Briarcliff Project
SCOPp: Ob' S Rj~'V)ICF.S
We propoFe to pxolvidc the following scope of services:
i, Review each of the buildings in accordance with the 2003 ltltCrnational Fite Code (IFC).
Comments will be provided ixll wtzttcn format.
2. Attend one (i) xx-eeting for each project with the City and/or Design Team as necessary.
3. Provide one (1) back check xcvicw for each of the projects.
4. Provide fire code consulting, plan review and or meetings as requested.
Indlsnpppuo, Ionians
Kanaaa Cpf~ Mioaoun
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07/23/2007 16:06 8169313378 FP&C CONSULTANTS INC PAGE 03/06
Mr. Brent M1es July 23, 2007
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l~&C Consultants proposes to pexfoxm Numbers 1 - 3 above at an hourly rato of $160.00/hour,
not to exceed the amount of flours for oach project as shown in the table below.
..
~ra3~et " '
;. • ' 1~rhjkcl~T;1<Tnt~3e1~.> ,
>~` ~~ :t :'Nat~fo~hrt~BaEe"
l3mbass l:andaca 12 hours $1920A0
One-sto Brlarclif;FPro'cct 1011oura $1,200,00
Two-stor )3xlarcliff Pro ect 14 hotu^s $2 0,00
IMP&C Consultants also proposes to pcxforrn the apritlklcx and firs alarm review for each of the
above buildings at an hourly rate of $105.00 per hour. Based on an initial review and one back
check, we anticipate approximately six (6) hours per sheet submitted for each structure. Thus, if
the gtrlbassY Landscaping shucture has three total sheetr submutted Pqr review, then three sheets
at six hours per sheet at $105.00 per hour, the total is approximately $1,890.00. Since we am not
clear as to the number of sheets potcntialiy submitted for each project, we are submitting the feo
proposal as ait hourly rate per sheet per project.
We propose to perform Number 4 above at atl hourly rats of $160.00/hottr, $105.00/hour for
aprlnkler and fire alarm xcview.
We look, forward to working with you on yet another successful projecx. If you have auy
comments or questions, please do not hesitate to contact me.
_,~~; ~
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07/23/2007 16:06 8169313378 FP8~C CONSULTANTS INC PAGE 04/06
Mr. I3rcnt Mites Jt~y 23, 2007
City of Riverside - re ~,~]~ Review PCOUO4ai #2007181 Paige 3
Sincerely,
~&C COIVSULTAN'.l'S, )<iVC,
~~"
l:. Bxesettc
JLl}/sab
Acce~d By;
G~'X 011+' R~RSID~
Q,t~u!c~ D
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nn nnario~ t ton ro~<lilr~~n
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