HomeMy WebLinkAboutR-2025-021 Agreement for Construction Inspection Services with Cook, Flatt & Strobel Engineers, PA RESOLUTION NO. R-2025-021
A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION
INSPECTION SERVICES WITH COOK, FLATT & STROBEL ENGINEERS, PA.
WHEREAS, the City of Riverside, Missouri, (the "City") desires to retain construction
inspection services for the Vivion Road Trail; and
WHEREAS, the City issued a Request for Proposal for Construction Observation &
Testing; and
WHEREAS,the City received four(4) Proposals in response; and
WHEREAS,Cook, Flatt& Strobel Engineers, PA, ("CFS"), submitted a Proposal; and
WHEREAS, the Capital Projects and Parks Manager, reviewed the proposals and
determined that CFS was qualified; and
WHEREAS, the staff recommends to the Board the passage and approval of this
resolution approving the Agreement with CFS.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI,AS FOLLOWS:
THAT the Board of Aldermen approves the Agreement for Appraisal Services, attached
hereto in their substantial form, with CFS; the Mayor is authorized to sign the agreement on
behalf of the City.
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
4th day of March 2025.
• K een L. Rose, Mayor
ATTEST;. .;
Rabin Kincai ; City Clerk
AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES
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THIS AGREEMENT is entered into as of the ' day of Aa �. , 2025 (the
"Effective Date"), by and between Cook, Flatt& Strobel Engineers, PA, having an office at 1421
E 104th Street, Suite 100, Kansas City, MO 64131 (the "Consultant") and the City of Riverside,
Missouri, a Missouri municipal corporation (the"City").
WHEREAS,the City desires to engage the Consultant to provide construction inspection
services to the City 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.
3. Compensation and Invoices.
A. The City will pay all proper invoices within thirty (30) days of receipt consistent with the
compensation schedule contained in Exhibit A. The following establishes the invoice procedure:
1. 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. All expenses, including copying, mileage, and out-of-pocket required to complete
the construction inspection work shall be included in the Exhibit A fees.
B. 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 $3,000,000 for all claims and
$3,000,000 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.
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
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refusal of service and may be given by personal delivery, courier, reliable overnight delivery or
deposit in the United 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: Cook, Flatt& Strobel Engineers,PA:
City of Riverside Cook, Flatt& Strobel Engineers, PA
Attn:Noel Bennion Attn: Adam McEachron
2950 NW Vivion Road 1421 E 104th Street, Suite 100
Riverside,Missouri 64150 Kansas City, MO 64131
nbennion@riversidemo.gov adam m rcfse.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.
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
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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.
16. 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.
17. 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.
18. 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.
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20. Ownership of Documents.
Payment by City to Consultant as provided herein shall vest in City title to all construction
inspection reports, studies, analyses, 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 construction inspection reports furnished by it.
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 construction inspection practices. If Consultant
fails to meet the foregoing standard, Consultant will perform at its own cost, and without
reimbursement from City, the professional construction inspection 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.
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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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COOK, FLATT & STROBEL CITY OF RIVERSIDE, MISSOURI:
ENGINEERS, PA:
By: By:
Name: Adam Mceachron Name: Kathleen L. Rose
Title: Associate/Sr. Eng. Title: Mayor
Dated: 2/27/25 Dated: March 4, 2025
ATTEST.
Robin Kincaid, City Clerk
By:
Name: Brian Koral
Title: City Administrator
Dated: 03/05/25
WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530, RSMVIo
STATE OF KANSAS )
) ss.
COUNTY OF SHAWNEE )
BEFORE ME, the undersigned authority, personally appeared ADAM MCEACHRON, who,
being duly sworn, states on his oath or affirmation as follows:
1. My name is Adam Mceachron and I am currently the/is; Associate of
CFS Engineeris (hereinafter"Contractor"),
whose business address is 1100 Cambridge Cir Drive Kansas City, KS 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 Construction inspection Services.
4. Consultant does not knowingly employ any person who is an unauthorized alien in connection
with the cted services set forth above.
Affiant
ADAM NCEACHRON
Printed Name
Subscribed and sworn to before me this 27th day of February 2025.
Kimberly Berkey Notary Public
Kimberly Berkey, NOTARY PUBLIC MY APPT EXP 2/17/26
STATE OF KANSAS
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EXHIBIT A
Project Services
Scope of Services for
Vivion Rd Trail TAP 3454(401)—Construction Inspection Services
The Consultant will provide construction inspection services in the anticipated quantities shown
below in the Total Cost Estimate. The Total Cost Estimate is not a guarantee of project hours and
may need to be adjusted more or less by written communication between the City and the
Consultant.
Total Cost Estimate
Field Technician
Placement of Reinforcing Steel/
Footing Inspections •Per Hr Per Day Subtotal Trip Charge(RT) Total
I 24IHrs $ 95.00 $ 760.00 $ 2,280.00 $ 240.00 $ 2,520.00
Field Tech nidan
Placement of Geotextile Fabric&
Type 2 rock&retaining wall backfill .Per Hr Per Day Subtotal Trip Charge(RT) Total
3IDays $ 95.00 $ 760.00 $ /60.00 $ 90.00 $ 2,370.00
Field Technician _
Approximately 2,000 CY of concrete Concrete Test
including trail,driveway,curb& #of Hrs per test Trip Charge,if per set of 4
retaining wall,1 test per 100 CY Per Hour Subtotal applicable** cylinders Total
36 Tests $ 95.00 3 $ 285.00 $ 30.00 $ 60.00 $ 13,500.00
Concrete sample pick-ups* 18 picks $ 95.00 2 $ 190.00 $ 30.00 $ - $ 3,960.00
Field neer
Placement of Temporary Shoring Per Day Subtotal Trip Charge(RT) Total
5 Days $ 1,000.00 $ 1,000.00 $ 30.00 $ 5,150.00
Removal of Temporary Shoring Per Day Subtotal Trip Charge(RT) Total
2 Days $ 1,000.00 $ 1,000.00 $ 30.00 $ 2,060.00
Project Engineer
#of Hrs
estimated for
Project Management Per Hour project Total
$ 225.00 10.00 $ 2,250.00
TOTAL $ 31,810.00
'Calculation assumes some concrete pick-ups will coordinate with other testing or observation trips
"'Calculation assumes each test is a separate trip
The Consultant's rates are provided below. Rates are provided should adjustments need to be
made to the above Total Cost Estimate.
Rates for placement of reinforcing steel /footing, geotextile, type 2 rock, retaining wall backfill,
and concrete inspections are anticipated to be at the Field Technician rate and not the Field
Engineer rate. If it is determined that a Field Engineer rate is needed, this adjustment will need to
be approved by the City. Inspection of Temporary Shoring is anticipated at the Field Engineer
rate unless the Consultant determines that a Field Technician will provide these inspections.
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RATES
Rates for placement of reinforcing steel/footing,geotextile,type 2 rock
and retaining wall badcfill inspections:
$ Increment
Field Technician,with reports' $ 95.00 per hour
$ 760.00 daily,8 hours
Minimum hours,if applicable 2t hours
Field Engineer,with reports 5 125.00 per hour
$ 1,000.00 daily,8hours
Mnimum hours,if applicable 2 hours
Check box If Field Technician or Field Engineer is required for these services:
Field Technician Field Engineer
X
'It is anticipated that the Field Technician rate and not the Field Engineer
rate will be used for these services.If it is determined that a Field Engineer
rate is needed,this adjustment will need to be approved by the Oty.
... Concrete Testing".
$ Increment
Field Technician,with reports' $ 95.00 per hour
$ 760.00 daily,8hours
Mnimum hours,if applicable 2 hours
Field Engineer,with reports per hour
daily,8 hours
Mnimum hours,if applicable hours
Nudear Density Gauge $ 10.00 per hour
GeoGauge Modulus/Stiffness Meter 5 20.00 hours
.'Hourly rates shall include all charges for determining slump,
air content,&temperature as well as fabricating test specimens.
Check box if Field Technician or Field Engineer is required for these services.
Field Technician Field Engineer
X
Concrete Laboratory Testing
$ Increment
Concrete Compressive Strength
7estin8 with report 5 60.00_per set(4)
Temporary Shoring
$ Increment
Field Technician,with reports $ 95.00 per hour
$ 760.00 daily,8hours
Mnimum hours,if applicable 2 hours
Field Engineer,with reports $ 125.00 per hour
$ 1,000.00 daily,8hours
Minimum hours,if applicable 2 hours
Check box if Field Technician or Field Engineer is required for these services:
Field Technician Field Engineer
X
Outer
S Increment
Trip charge,if not induded in hourly
rate $ 30.00 per roundtrip
Field Engineer,if needed $ 125.00 per hour
Engineering Geologist,if needed $ 185.0 per hour
Project Engineer,if needed $ 185.00 per hour
Principal Engineer,if needed $ 225.00 per hour
Project Management
$ Increment
If project management fees are anticipated number
required please include title of 10.00 of hours
project manager,hourly rate,and
anticipated number of hours. $ 225.00 per hour
Project Manager Title:Senior Engineer
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