HomeMy WebLinkAboutR-2020-096 Agreement for Engineering Services with Olsson RESOLUTION NO. R-2020-096
A RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN
THE CITY OF RIVERSIDE MISSOURI AND OLSSON
WHEREAS, the City of Riverside, Missouri, (the "City") desires to retain the services of
an engineering firm whose duties and responsibilities would include those of an on-call City
Engineer, and
WHEREAS, Missouri law establishes a policy that selection of an engineering firm is to
be based upon competence and qualification, followed by negotiation of fair and reasonable
prices; and
WHEREAS, the City issued a Request for Qualifications for Engineering Services; and
WHEREAS, the City received seventeen (17) Statements of Qualifications in response;
and
WHEREAS, Olsson ('`Olsson"), a Nebraska corporation, submitted a Statement of
Qualification; and
WHEREAS, the City Engineer, Community Development Director, Public Works
Director, & Capital Projects and Parks Manager, reviewed the statements and conducted
interviews with four firms and determined that Olsson was qualified, and
WHEREAS, an Agreement for Engineering Services (the "Agreement") ("Attachment 1"
attached hereto and incorporated herein) was then prepared that is structured so that the base
agreement provides for generalized, on-call services, while more specific services required, will
be authorized in the form of a Task Order which will be individually approved by the Board of
Aldermen, and they set forth specific scope of services, compensation, scheduling, and other
necessary terms as dependent upon the nature of the project and work requested; and
WHEREAS, the staff recommends to the Board the passage and approval of this
resolution approving the Agreement and,
WHEREAS, the AGREEMENT fulfills a public purpose, will further the growth of the City,
facilitate the orderly development of the City, improve the environment of the City, foster
increased economic activity within the City, increase employment opportunities within the City,
enable the City to direct development, and otherwise is in the best interest of the City by
furthering the health., safety, and welfare of its residents and taxpayers.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1. AGREEMENTS APPROVED. It is in the best interest of the City, in order
to further the objectives of industrial and economic development of the City, and to further the
health, safety, and welfare of its residents, businesses and taxpayers to APPROVE the
Agreement for Engineering Services (the "Agreement") ("Attachment 1" attached hereto and
incorporated herein).
SECTION 2. AUTHORITY TO EXECUTE. The Mayor, City Administrator, and all other
required city officials are authorized to execute the AGREEMENT authorized herein together
with any and all documents necessary or incidental to the performance thereof and to take such
RESOLUTION NO. R-2020-096
other actions as may be deemed lawful, necessary and/or convenient to carry out and comply
with the intent of this Resolution.
SECTION 3. SEVERABILITY CLAUSE. The provisions of this resolution are severable
and if any provision hereof is declared invalid, unconstitutional or unenforceable, such
determination shall not affect the validity of the remainder of this resolution.
SECTION 4. EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after the date of its passage and approval.
BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of
the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this 6tn
day of October, 2020.
Kathleen L. Rose, Mayor
ATTEST
Robin Kincaid City Clerk
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is entered into as of the 6th day of October,2020 (the "Effective
Date"), by and between Olsson, a Nebraska corporation having an office at 1301 Burlington St,
Suite 100, North Kansas City, Missouri 64116 (the "Consultant") and the City of Riverside,
Missouri, a Missouri municipal corporation(the"City").
WHEREAS, the City desires to engage the Consultant to provide services to the City
regarding engineering 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 non-exclusive Agreement shall begin as of the Effective Date and shall continue until
terminated as provided herein.
2. Scope of Services.
A. General. The Consultant shall provide the Project Services described in Exhibit A. The
Consultant is solely responsible for payment of wages, salaries, fringe benefits and other
compensation of, or claimed by, the Consultant's personnel in the performance of the Project
Services, including, without limitation, contributions to any employee benefit plans and all
payroll taxes.
B. Project Specific. In addition to the Project Services to be provided pursuant to this
Agreement,the City may task the Consultant to provide additional professional engineering services
on a project-specific basis. In the event the Consultant is tasked to provide such services, the City
and the Consultant shall acknowledge a separate Task Order in the form attached hereto as Exhibit
C in its substantial form,which describes the scope of services to be provided by the Consultant and
the City, providing for compensation for services to be provided by the Consultant, and providing
completion times for said services, and any other necessary matters. The compensation to be paid
the Consultant pursuant to any supplemental agreement shall be at the rates set forth in Exhibit B
attached hereto and incorporated herein by reference unless otherwise agreed in the Task Order. In
no event is any work in excess of that described in Exhibit A authorized by this Agreement without
the City and the Consultant first entering into a Task Order.
3. Compensation and Invoices.
A. The City agrees to compensate the Consultant in accordance with the Compensation
Schedule contained in Exhibit B.
B. The City will pay all proper invoices within thirty (30) days of receipt. The following
establishes the invoice procedure:
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I. All invoices shall contain a narrative entry sufficient to describe the work or task
performed and an indication of the person and job classification who performed
the work.
2. The Consultant shall not charge the City more than $0.10 per page (for 8 % x 11"
paper). If an outside copying job (e.g., FedEx Office) is required, Consultant shall
only bill the actual cost incurred for photocopying with no markup.
3. All other out-of-pocket expenses will be for actual cost only with no markup
(includes meals, hotels, courier, printing of plan sheets, special delivery, etc.).
C. The City shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time as Consultant modifies such work to the
satisfaction of the City.
4. The City's Responsibilities.
The City shall give prompt notice to the Consultant of any matters of which the City becomes
aware that may affect the Project Services of the Consultant. 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 advise, assist,
consult and direct the Consultant. The City shall examine documents submitted by the
Consultant and render decisions promptly as may be required.
5. Insurance.
A. General Provisions. Consultant shall file (by the Effective Date) with the City evidence
of liability insurance that is consistent with the amounts set forth below.
B. Limits and Coverage.
1. 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 and
$1,000,000 per occurrence. A policy of insurance for Automobile Liability
Coverage shall also be provided in the amount of not less than $1,000,000 on a
combined single limit. The City shall be listed as an additional insured as respects
both policies. Neither 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 for a
limit of$500,000 for all of their respective employees, 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. The Consultant shall
provide the City with a certificate of insurance indicating Workers' Compensation
coverage by the Effective Date.
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3. Professional Liability Insurance covering claims resulting from engineering and
surveying errors and omissions with a limit of $1,000,000 per occurrence and
$2,000,000 aggregate.
6. Termination.
Any party may terminate this Agreement at any time, with or without cause, by giving thirty (30)
days' notice to the other party in writing. In the event of termination, all finished or unfinished
reports, or other material prepared by the Consultant pursuant to this Agreement, shall be
provided to the City. Upon termination the City shall pay Consultant for all services rendered
and costs incurred up through the termination date for any satisfactory work completed on the
project prior to the date of termination.
7. Relationship of Parties.
It is the intent of the parties that 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.
8. 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
refusal of service and may be given by personal delivery, courier, reliable overnight delivery or
deposit in the nited 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: Olsson:
City of Riverside Olsson
Attn: Travis Hoover, City Engineer Attn: Darren Hennen
2950 NW Vivion Road 1301 Burlington St, Suite 100
Riverside, Missouri 64150 North Kansas City, MO 64116
thoover@riversidemo.com dhennen@olsson.com
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and the Consultant.
9. 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.
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10. 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.
11. 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.
12. Entire Agreement; Governing Law.
This Agreement constitutes the entire and integrated 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.
13. Counterparts.
This Agreement may be executed in separate counterparts.
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, provided however, in the event Consultant employs
independent consultants, associates, and subcontractors to assist in performing the Project
Services, Consultant shall be solely responsible for the negligent performance of the independent
consultants, associates, and subcontractors so employed. Each party binds itself and its
successors and assigns to all provisions of this Agreement.
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.
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16. Opinions of Cost.
Consultant's opinion of probable construction costs shall be made on the basis of experience and
qualification as a professional engineer, but Consultant does not warrant or guarantee that
proposals, bids, or actual costs will not vary from Consultant's costs estimates.
17. Good Faith Efforts and Cooperation.
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. The Consultant represents that it has taken all action necessary or
appropriate to authorize it to execute, deliver and perform this Agreement and to cause it to be
binding upon the Consultant.
19. Covenant Against Contingent Fees.
The Consultant warrants that the Consultant 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
up to the time of such payments, 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.
Upon completion of the Project Services, Consultant shall deliver to City possession of all records
pertaining to the Project Services.
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. Consultant's Endorsement.
Consultant shall endorse as necessary all plans, specifications, estimates, and engineering data
furnished by it.
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23. Indemnification and Hold Harmless.
Consultant shall indemnify and hold harmless City and its officers, 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 Consultant, or its
employees, or subcontractors, in the performance of Consultant's duties under this Agreement, or
any supplements or amendments thereto.
24. 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 engineering services necessary to correct errors and omissions that are
caused by Consultant's failure to comply with above standard.
25. Tax Exempt.
City and its agencies are 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.
26. 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.
27. 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.
28. Force Majeure.
Neither party will be liable for inadequate performance to the extent caused by a condition (for
example, natural disaster, act of terrorism, riot, labor condition) that was beyond the party's
reasonable control.
IN WITNESS WHEREOF,the Consultant and the City have executed this Agreement as of the
Effective Date.
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OLSSON: CITY OF RIVERSIDE, MISSOURI:
By: 4--�`�` By:
Name: Darren Hennen Name: Kathleen L. Rose
Title: Vice President Title: Mayor
Dated: October 2, 2020 Dated:
ATTES ._
Robin Kincaid, City Clerk
By:
Name Brian Kor
Title: Ci (____1
Administrator
Dated:
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WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530,RSMo
STATE OF MISSOURI )
)ss.
COUNTY OF Clay
BEFORE ME,the undersigned authority,personally appeared Darren Hennen ,who,
being duly sworn,states on his oath or affirmation as follows:
1. My name is Darren Hennen and I am currently the Vice President of
Olsson,Inc. (hereinafter"Contractor"),
whose business address is 1301 Burlington, Ste 100,North Kansas Cite,MO 64116 ,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 provision of Engineering Services.
4. Consultant does not knowingly employ any person who is an unauthorized alien in connection
with the contracted services set forth above.
Affiant
Darren Hennen
Printed Name
Subscribed andl sworn to before me this 2nd day of October ,2020.
S
Notary Public
STACY L LANG
Notary Public, Notary seal
State of Missouri
Clay County
Commission N 12421705
MY Commission Expires 12-05-2020
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EXHIBIT A
Project Services
Perform on-call consulting engineer services, including but not limited to:
• Participate in discussions and meetings with City Staff, Board of Aldermen and
other boards or commissions;
• Perform general day-to-day functions that are not typically project specific as
directed by the City Administrator or his designee;
• Provide as-needed support to the City's Code Enforcement program;
• Provide as-needed support to the Community Development Department;
• Provide as-needed support to the City Engineer& Department of Public Works;
• Provide as-needed support to the City Administrator.
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Exhibit B
Compensation Schedule
Olsson Billing Rate Schedule
2020 Labor Rates
Description Range
Principal 118.00 - 381.00
Project Manager 114.00 - 195.00
Project Professional 110.00 - 174.00
Assistant Professional 64.00 - 143.00
Designer 80.00 - 216.00
CAD Operator 43.00 - 118.00
Survey 46.00 - 187.00
Construction Services 43.00 - 193.00
Administrative/Clerical 29.00 - 130.00
Note:
1. Special Services not included in above categories will be provided on a Special
Labor Rate Schedule
2. Rates subject to change based upon updates to Billing Rates for upcoming
year.
Please contact the Project Manager for special services not included above (Survey; Field
Operations including Special Inspections, Construction Administration/Observation, and
Geotechnical; Non-Destructive Testing, and Drilling) and they will provide their Special
Services Labor Rate Schedule to include with your Agreement
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Exhibit C
Form of Task Order
Task Order Number
For Engineering Services
This Task Order is entered into as of the , 20 (the"Effective Date"),
by and between Olsson, a Nebraska corporation having an office at 1301 Burlington St, Suite
100, North Kansas City, MO 64116 (the "Consultant") and the City of Riverside, Missouri, a
Missouri municipal corporation (the"City").
WHEREAS, the City has engaged Consultant to provide engineering services pursuant
to the Agreement for Engineering Services dated , 20 pursuant to which the
City may task the Consultant to provide additional professional engineering services on a
project-specific basis by acknowledging a separate Task Order.
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. Incorporation of Base Agreement. This Task Order is subject to all terms and
conditions contained in the Agreement for Engineering Services dated , 20 ,
that are not inconsistent with the specific terms contained herein, and the Agreement for
Engineering Services dated , 20 , between the parties is incorporated herein
as if set forth in full by this reference.
2. Scope of Services. The Scope of Services pursuant to this Task Order are as contained in
Exhibit A.
3. Term. Consultant shall begin work pursuant to this Task Order upon its Effective Date,
and shall [continue until otherwise completed or this Task Order is terminated] [be completed by
final acceptance of the project as approved by the City].
4. Compensation. Unless compensation is set forth in this Task Order, compensation shall
be as provided in the Agreement for Engineering Services dated 20 ,
between the parties.
5. Project Schedule.
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IN WITNESS WHEREOF, the Consultant and the City have executed this Agreement as of the
Effective Date.
OLSSON: CITY OF RIVERSIDE,MISSOURI:
By: By:
Name: Name: Kathleen L. Rose
Title: Title: Mayor
Dated: Dated:
ATTEST:
Robin Kincaid,City Clerk
By:
Name: Brian Koral
Title: City Administrator
Dated:
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