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HomeMy WebLinkAboutR-2022-049 Agreement with Rooflink, LLC - Specific Inspections RESOLUTION NO. R-2022-049 A RESOLUTION APPROVING AN AGREEMENT WITH ROOFLINK, LLC RELATED TO SPECIAL INSPECTIONS WHEREAS, the City issued a request for bids for the construction of improvements for the Riverside Public Safety Building (Project No. 537-086) ("Project"); and WHEREAS, the project bid includes roofing of the Public Safety Building and provided that the City would hire a third-party roof inspector; and WHEREAS, the Board of Aldermen finds it is in the best interest of the City to enter into an agreement with Rooflink, LLC to perform the roof inspections; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT 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, 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 of the City of Riverside Missouri the 7th day of June 2022. L 4U' gte �a �leen L. Rose. ayor ATTES3: Robin Kincaid, 6ity 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 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. 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. 12. 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. Service Provider: City of . erside, Missour': By: toFL-MIt' By: Name: -..,,,s5/ 63/ 3 Name: I`j q- I N L• i ,se" Title: 1L4fiti ' Title: KA y p!L Date:06 06 /ai02 y Date: 7 -.-0.2 2— EXHIBIT A Project Services Provide special inspection services below for the Public Safety Building 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. Ensure the roofing contractor is installing the roof system and components per written specifications and detail drawings. Provide detailed daily reports including information on the work performed that day, weather conditions, and photos of the work conducted. Compensation shall be$1500 per day, not to exceed$45,000. 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 Service Provider has been made aware of it. ■ • • ■ viz ¢sip�..; Roofl i n k December 2, 2021 To Whom It May Concern, Please see the quoted services below, let me know if you have any questions: 1. 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. Ensure the roofing contractor is installing the roof system and components per written specifications and detail drawings. Provide detailed daily reports including information on the work performed that day, weather conditions, and photos of the work conducted.-$1500 per day/NTE$45,000 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 I have been made aware of it. Let me know if you have any questions. Thank you, Jason Pollard, RRO Approved Representative Rooflink, LLC City of Riverside, MO 15954 S. Mur-Len Rd. #221 2990 Vivion Road Olathe, KS 66062 Riverside, MO 64150 (913) 274-8484 (816) 741-3993 rooflinkllc@gmail.corn 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). BEFORE ME, the undersigned.notary, personally appeared J 4 S9.4) POI (62 C, , who, being duly sworn,states on his/her oath or affirmation/� as follows: 1. My name is J�1,So,) f o) 14i and I am currently the 0 G/ALA of lit/_ (hereinafter "Contractor"), whose business address is I Sri p'S M.,& L,. ,21t oJc.'h.P to 6600 z , 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. Contractor 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 Contractor and the City of Riverside. 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further,Affiant sayeth not. Sign0 Affiant Printed Name: �f9'.I94J P. Subscribed and sworn to before me this GP\day of :ITLA ,2022. / No Public,., ��N J State of °l U"Plota 22005361 County of jC,6 ^'1 C4 ) ss: •exp.own saw *PLEASE NOTE:Acceptable enrollment and participation documentati'otsthe following 2 pages of the E-Verify Memorandum of Understanding: (1)a valid,completed copy of the first p'31dentifying the Contractor;and (2)a valid copy of the signature page completed and signed by the Contractor, and the Department of Homeland Security — Verification.