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HomeMy WebLinkAbout2009-054 - VSM EngineeringBILL NO.2009-54 ORDINANCE N0.2009-54 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH VSM ENGINEERING, LLC, FOR PUBLIC WORKS DEPARTMENT ASSESSMENT WHEREAS, the City of Riverside, Missouri ("City") has engaged in negotiations with VSM Engineering, LLC ("VSM") for provision of an assessment, review and recommendations concerning the operation of the Riverside Public Works Department (the "Services"); and WHEREAS, the City and VSM have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Boazd of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of assessing and improving the operation of the Riverside Public Works Depamnent. Section 2. The City of Riverside shall pay to VSM the hourly fee of One Hundred Dollazs ($100.00) per hour for the provision of the Services to the City, pursuant to the Ageement For Services, in substantially the form attached as Exhibit A (the "Agreement"), in a total amount not to exceed $9,500.00. Section 3. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney 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 Ordinance 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. Section 5. This Ordinance shall be in full force and effect from and a8er its passage and approval. Passed this ~ day of 2009. ATTE ty Clerk Mayor Kathleen L. Rose ~, AGREEMENT FOR SERVICES THIS AGREEMENT is entered into between City of Riverside, MO (Owner) and VSM Engineering, LLC (VSM) based upon Owner's intention to have VSM assess and make recommendations on the City of Riverside's Public Works Department (the Services.) and Owner's requirement for certain services which VSM is prepared to provide. 1. VSM Engineering, LLC shall provide the Services described as follows: VSM will provide services as defined in the attached proposal letter dated Maroh 24, 2009. 2. Owner shall pay VSM $100 per hour up to aNot-to Exceed amount of $9,500 (Nine thousand five hundred dollars and no cents) which includes reasonable expenses such as mileage, phone, copies, tolls, parking. Compensation will not exceed $9,500.00 unless authorized in writing by Owner. Invoices shall be due and payable upon receipt. 3. The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is orlinarity possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No otl~er warranty, express or implied, is included in this Agreement or in any drawing, spec cation, report, opinion, or od~er instrument of service, in any form or media, produced in connection with the Services. 4. VSM shall not be liable to Owner for any consequential damages resulting in any way from the performance of the Services. To the fullest extent permitted bylaw, VSM's liability underihis Agreement shall not exceed VSM's total compensation actually received under this Agreement. 5. VSM and Owner waive all rights against each other for damages covered by property insurance during and after the completion of the Services. 6. Not withstanding anything to the contrary in any Attachments hereto, VSM has no responsibility for (a) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Services; or (b) the failure of any contractor, subcontractor, vendor, or other participant, not under contract to VSM, to fulfill contractual responsibilities to Owner or to comply with federal, state, or local laws, regulations, and codes. S. This Agreement may be terminated upon written notice at Owner's convenience or by either party in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. VSM shall terminate performance of Services on a schedule acceptable to Owner, and Owner shall pay VSM for all Services performed and reasonable termination expenses. Paragraphs 4 and 5 shall survive any termination or completion of this Agreement. 9. All documents prepared by VSM pursuant to this Agreement are instruments of service in respect to the Project. Any use except for the specific purpose intended by this Agreement will be at the user's sole risk and without liability or legal exposure to VSM. VSM shall retain its ownership in its data bases, computer software, and other proprietary property. Intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of VSM. 10. VSM shall not be required to execute any certificates or documents that in any way would, in VSM's sole judgment, (a) increase VSM's legal or contractual obligations or risks; (b) require knowledge, services or responsibilities beyond the scope of this Agreement; or (c) result in VSM having to certify, guarantee or warrant the existence of conditions whose existence Engineercannot ascertain. 11. The Services provided for in this Agreement are for the sole use and benefit of Owner and VSM. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and VSM. IN WITNESS WHEREOF, Owner and VSM have executed this Agreement, effective as of S~ ~9 City of ~e MO ~ (Owner BY ~, ~~~L ~ ~'~ Title ~ /kL1 D /~J VSM Engipee (VSM) ` C By (;l ~ J. I f t C.CCI.(~ Title Ir'2 S 10 pVl'} -~- Date ~ ~ Approved as to form: Atto~~ z- Date c~ - <<_U