HomeMy WebLinkAboutR-2020-092 Agreement with Rooflink, LLC Related to Special Inspections RESOLUTION NO. R-2020-092
A RESOLUTION APPROVING AN AGREEMENT WITH ROOFLINK, LLC RELATED TO
SPECIAL INSPECTIONS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
THAT the Agreement between the City and Rooflink, LLC related to special inspections,
attached hereto in its substantial form, is hereby approved and the Mayor is authorized to
execute the Agreement on behalf of the City ; and
FURTHER THAT the Mayor, the City Administrator, the Public Works Director, 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 ADOPTED by the Board of Aldermen of the City of Riverside, Missouri,
the day of 2020.
Kathleen L. Rose, Mayor
ATTEST:
l
Robin *ncaid,�bity Clerk
AGREEMENT
This Agreement ("Agreement") is entered between Rooflink, LLC (the "Service
Provider") and the City of Riverside, Missouri, a Missouri municipal corporation (the "City"),
effective on the date last signed by the parties ("Effective Date").
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. Scope of Services and Compensation. The Service Provider shall provide the Project
Services and receive compensation as described in Exhibit A.
2. Insurance. Service Provider shall file with the City evidence of liability insurance that is
consistent with the amounts set forth below.
A policy of insurance for Commercial General 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 $1,000,000 for any one person in a single accident or occurrence. The City shall
be listed as an additional insured. The Service Provider shall obtain and maintain Workers'
Compensation Insurance for a limit of $500,000 for all of their respective employees. The
Service Provider hereby indemnifies the City for any damage resulting to it from failure of the
Service Provider to obtain and maintain such insurance as described in this section. The Service
Provider shall provide the City with a certificate of insurance indicating coverage prior to
beginning work.
3. Relationship of Parties. Nothing herein shall be construed to create an employer-
employee relationship. All services performed pursuant to this Agreement shall be performed by
the Service Provider as an independent contractor.
4. 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.
5. Assignment. Neither the City nor the Service Provider 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.
6. 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.
7. Counterparts. This Agreement may be executed in separate counterparts.
1
8. Termination. Failure of the Service Provider to fulfill its obligations under this Agreement
in a timely and satisfactory manner in accordance with the description of services set forth in
Exhibit A, shall constitute a breach of the Agreement, and the City shall thereupon have the right
to immediately terminate the Agreement without further recourse.
9. Indemnification and Hold Harmless. Service Provider shall defend, 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, losses,
expenses, including reasonable attorneys' fees, to the extent caused by the negligent acts, errors,
omissions, or willful misconduct of Service Provider, or its employees, in the performance of
Service Provider's duties under this Agreement, or any supplements or amendments thereto.
This section shall survive termination.
10. Work Authorization Affidavit. Service Provider shall execute the attached affidavit.
11. Waiver. No waiver shall be effective unless in writing and signed by the waiving party.
A waiver by a party of a breach or failure to perform this Agreement shall not constitute a waiver
of any subsequent breach or failure.
12. Amendment. Except as otherwise set forth in this Agreement, any amendments to this
Agreement shall be in writing and signed by both parties.
13. Force Majeure. If either party's performance under this Agreement is prevented,
hindered or delayed by reason of any cause beyond the party's reasonable control that cannot be
overcome by reasonable diligence, including war, acts of terrorism, civil disorders, labor disputes
(other than strikes within such party's own labor force), governmental acts, epidemics,
quarantines, embargoes, fires, earthquakes, storms, or acts of God, such party shall be excused
from performance to the extent that it is prevented, hindered or delayed thereby, during the
continuances of such cause; and such party's obligations hereunder shall be excused so long as
and to the extent that such cause prevents or delays performance.
14. Interpretation. Both parties have had the opportunity to review this Agreement with
legal counsel, and any ambiguity found in this Agreement shall not be construed in a party's
favor on the basis that the other party drafted the provision containing the ambiguity.
IN WITNESS WHEREOF, the Service Provider and the City have executed this Agreement as
of the Effective Date.
2
Service Provider: City of Riverside, Missouri:
BY BY /`
Name: Name: X4T14LEE/V L ��
Title: Title: yo R,
Date: Date:
3
Service Provider: City of Riverside,Missouri:
By: ���) By: 4 .CJ
Name: l Yp,l Name: A.4r1n.F-eiy L. Eos
Title:OL JA)'—A Title: A(,El�_
Date: k c'✓ Date:
3
EXHIBIT A
Project Services
Provide special inspection services below for the Riverside City Hall and Community Center Roof
Proj ect.
Provide full time roof inspections while the roofing contractor is installing roofing or sheet metal products
from the time of commencement to the time of completion each day.
Provide detailed daily reports including information on the work performed that day, weather conditions,
and photos of the work conducted.
Compensation shall be $1100 per day. Project is estimated to be completed in 14- 20 days from start of
work.
Reports will be sent to via email direct to the owners' representative within 1 business day of the works
completion each day. All unforeseen issues regarding the installation of the roofing assembly, building
design, or safety will be reported immediately once Service Provider has been made aware of it.
4
CITY OF RIVERSIDE,MISSOURI
WORK AUTHORIZATION AFFIDAVIT
PURSUANT TO 285.530,RSMo
(FOR ALL CONTRACTS IN EXCESS OF$5,000.00)
STATE OF MISSOURI )
ss.
COUNTY OF .PL.ATTF }
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).
BEFORE ME, the undersigned authority, personally appeared iA> who, being duly
sworn,states on his oath or affirmation as follows:
L My name is AA,&.3t3 and I am currently the Or.JAZ of
00ru'I K , LLC (hereinafter"Contractor"),whose
business address is S. Mut-LFu 1 0IA77/EK-( s;G,�6Z ,and I am authorized to
make this Affidavit.
2. 1 am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts
stated herein.
3. Contractor is enrolled in and participates in a federal work authorization program with respect to the
employees working in connection with the services contracted between Contractor and the City of
Riverside, Missouri.
4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the
contracted services set forth above.
Affiant
5
Printed Name
Subscribed and sworn to before me this "1 day of G� ,2020.
7
Nary ublic
DESTINY JILES
Notary Public, State of Oklahoma
Commission M 20004631
My Commission Expires 04-29-2024
6
AabL-�-
Rooflink
September 8, 2020
Mr. Tom Wooddell, Public Works Director
4200 NW Riverside
Riverside, MO 64150
Mr. Wooddell,
Please see the quoted special inspection services below for the Riverside City Hall and Community
Center Roof Project.
Provide full time roof inspections while the roofing contractor is installing roofing or sheet metal
products from the time of commencement to the time of completion each day. Provide detailed daily
reports including information on the work performed that day, weather conditions, and photos of the
work conducted, $1100 per day. Project is estimated to be completed in 14- 20 days from start of work.
Reports will be sent via email direct to the owners' representative within 1 business day of the works
completion each day. All unforeseen issues regarding the installation of the roofing assembly, building
design, or safety will be reported immediately once I have been made aware of it. Let me know if you
have any questions.
Thank you,
Jason Pollard, RRO
Rooflink, LLC
15954 S. Mur-Len Rd. #221
Olathe, KS 66062
(913) 274-8484
rooflinkllc@gmail.com
JdhIL'
Rooffink
Customer's Acceptance:
We, Hereby, accept the above proposed price and scope of work. Please proceed with this work.
Accepted by (Please Print): T�/L�F!✓ �05�
Signature:
Title: ff
Date: T . CaUa o
Jason Pollard, RRO
Rooflink, LLC
15954 S. Mur-Len Rd. #221
Olathe, KS 66062
(913) 274-8484
rooflinkllc@email.com