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HomeMy Public PortalAboutORD13874 • BILL NO. 2005-4 SPONSORED BY COUNCILMAN Ferguson & Harvey ORDINANCE NO. 13 0 7 /�/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALFORD TREE SERVICE FOR WOODLAND/FAIRVIEW CEMETERY TREE REMOVALAND TRIMMING. WHEREAS, Alford Tree Service has become the apparent lowest and best bidder on the Woodland/Fairview Cemetery Tree Removal and Trimming project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Alford Tree Service is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Alford Tree Service for Woodland/Fairview Cemetery Tree Removal and Trimming. • Section . The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: J Approve)IF "residing Officer v! Mayor ATTEST: APPROVED AATO FORM: Ilk City cidk City Counsel r • `4 13-S-71I CITY OF JEFFERSON CONTRACT FOR REMOVAL OF TREES • THIS CONTRACT, made and entered this le day of May, 2005,by and between the City of Jefferson, Missouri,a municipal corporation,hereinafter referred to as"City,"and Alford Tree Services,a corporation of the State of Missouri, hereinafter referred to as"Contractor." WITNESSETH: WHEREAS,the City ofJefferson,Missouri,is desirous of hiring Contractor for the Woodland/Fairview City Cemetery Hazardous Tree and Tree Limb Removal Project WHEREAS, Contractor is willing to enter into this Contract with respect to his employment and services upon the terms and conditions herein set forth. NOW, THEREFORE, be it agreed as follows: 1. Scone of Services. The scope of eervices for tree and tree limb removal includes the furnishing of all technical personnel, labor, equipment and tools to perform the work included in the project entitle "WoodlandiFairview Cemetery Hazardous Tree& Tree Limb Removal"more specifically set out in Exhibit A. 2. Contract Time. All work to be performed under this contrnct shrill be completed within thirty(30)calendar days after notice • to proceed ties been received. 3. Contract Amount. The amount of the contract shall not exceed Fifteen Thousand Dollars($15,000.00). 4. Payment. Payment shall be made to Contrnctor by City upon submission of an itemized invoice, properly signed and submitted, to the City of Jofferson, Department of Community Development, 320 East McCarty Street, Jefferson City,Missouri, 05101. 5. Labor, Contractor shall provide all labor necessary to operate the equipment and machinery utilized by contractor in performing under this contract. 6. Indemnity. To the fullest extent permitted by law,the Contractor will indemnify and hold harmless the City,its elected and appointed officials,employees,and agents from and against any and all claims,damages,losses,and expenses including atiorrrcys'Pecs arising out of or resulting from the performance of the work, provided that any such claim,damage, loss or expense(1)is attributable to bodily injury,sickness,disease,or death,or to injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom and(2)is caused In whole or in pan by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not It is caused in part by a party indemnified hereunder. Such obligation shall not be • construed to negate,abridge,or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any parry or person described in this paragraph. 11.�15mnr,/5h+.rnnblM1+J,Tw.n^,^ud nnn.rw.•04A qN Insurance, Contractor ngrees to obtain and maintain throughout the term of this contract • A. Workmen's Connensat.ion insurance for till of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than$2,000,000 for all claims arising out of n single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law,Chapter 287,RSMo,and Contractor's Property Damage insurance in an amount not less than $2,000,000 for till claims arising out of a single accident or occurrence and$300,000 for any one person in a single accident or occurrence. C. Automobile Liability insurance in an amount.not less than $2,000,000 for all claims arising out of a single accident or occurrence and$300,000 for any one person in a single accident or occurrence. D. Own is Protective Liability i mlrnnce. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability insurance Policy naming the City and the City as Clio insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,0.00 for any one person in a single accident or occurrence, except for those claims governed by Cho provisions of the Missouri Workmen's Compensation Law, Chapter 207, RSNIo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting,explosion or collapse. E. Subcontracts • In case any or all of this work is sublet, Cho Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(a), (b),and (c) hereofand in like amounts. • F. Scope of Insurance and Stiocial Hazard, The insurance required underSub-paragraplig(b)nnd (c)hereof shall provide adequate protection for Contractor and its subcontracts,respectively, against damage claims which may arise from operations from operations under this contract, whether such operations be.by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE; Paragraph(f)is construed to require the procurement ofConln'actor's protective insurance(or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees waking on the project, unless the general public liability and property damage policy(or rider attached there)o)of Clio general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 8. Status as Independent Contractor. The City and Contractor agree that Contractor isin noway the agent,servanto•ennployeeof the City. The City has no control over performance of the work contemplated by this contract.The relationship of Contractor to the City is that of an independent contractor. 0. Acts of God. In the event of war, strike or other causes beyond the control of Contractor, which event(s) interfere with Contractor's performance under this contract, Contractor may cancel this contract. 10. Failure to Perform. • Should Contractor fail to provide services as sot forth pursuant to this contract, or fail to meet any of the contract provisions,this contract may be canceled at the sole option of the City upon giving five(G)days written notice to Contractor. II4'mu,wtl',M•.enrnvVmhTnrmm�•Ir.ne.ru.•IJUtq•I . 2 ' 11. Partial Invalidity of Contract. • If any of the provisions of this contract shall contravene, or be invalid under, the laws of Missouri, such contravention or invalidityshall not invalidate the entire contract,but it shall be construed as if not containing the particular provision or provisions held to be invalid,and the rights and obligations of the parties shall be construed and enforced accordingly. 12. Law to Govern Contract. The law of Missouri shall govern the construction and interpretation of this contract, 13. Cancellation. This contract shell be subject to cancellation by the City at any time following five(8)days notice. 14. Notices. All notices,consents,authorizations,requests and statements hereunder shall be deemed to have been properly given if delivered by and or mailed by first class United States mail,postage prepaid,if to the City to the City ofJetferson,c/o Director of Community Development,320 East McCarty,Jefferson City,Missouri,08101,and if to the Contractor, at Alford Tree Service, 3348 Frog Hollow Road,Jefferson City,MO 6810D. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY OF JEFFERSON ALFORD TREE SERVICE o � Mayor Title: ATTEST: ATTEST: b Ctty Clerk Title: AP t VE S TO FORM: City oun elor • II:V'ml,.,f7W�..n W V IfmhTm mnn�lmnnerv.•1•M5 wlrl T Exhibit A • City of Jefferson Scope of Services Woodland/Fairview City Cemetery Hazardous Tree & Tree Limb Removal The work to be accomplished under this contract includes the furnishing of all technical personnel, labor, equipment and tools to perform the work included in the project entitled "Woodland/Fairview Cemetery Hazardous Tree & Tree Limb Removal" in accordance to this contract. A. Trees to be removed or trimmed: The Contractor is to be removed and trimmed as set out in Exhibit B, all of which are located inside Woodland/Fairview Cemeteries. The Cemeteries are located at 900 block of East McCarty. All trees to be removed or trimmed are identified by a stake with a number in black on it. The numbered stakes correspond to the numbers on map, which identifies the proximity of the tree. The numbered stakes also correspond with the attached pictures, which identify each tree and list the work to be done on that tree. The Division of Environmental Health Services of the Department of Community Development of the City of Jefferson shall be notified no less than 24 hours prior • to the start of any work. B. Removal of trees and tree limbs: When the trees and/or tree limbs are being removed or destroyed, the stump shall be cut level with the ground. The trees, including limbs and debris therefrom, shall be removed from the street,parkway, sidewalk space, or other public or private areas within eight(8)hours after being cut and the ground shall be raked clean of all chips, branches, and debris. C. Protection of surrounding area: When the tree is felled, it shall be felled so that no stones, walls, fences or other appurtenances in the Cemeteries are damaged and to guard the sidewalk and street to protect pedestrians and vehicles thereon. Protective measures shall be taken as to weather conditions when planning to commence work. D. Damage to public or private property: All damage to stones, fences, walls, appurtenances in the Cemeteries and to the curbs, sidewalks, public or private property or trees occurring in the performance of any such work shall be promptly and properly repaired at the Contractor's expense. All damage shall be reported to the Division of Environmental Health Services of the Department of Community Development of the City of Jefferson immediately thereafter. All damage shall be repaired to the satisfaction of the Division of Environmental • Health Services of the Department of Community Development of the City of Jefferson. 1149a"ri Mhwnrrd6nl�Tne n..drvmari... Exhibit B Prioritv# Tree# Amount 1 17 $ 1,200.00 2 12 $ 1,200.00 3 34 $ 4,800.00 4 47 $ 4,800.00 5 9 $ 2,400.00 8 13 $ 000.00 ,4 i• I1:\(inure Y,WbnWOVmNTrer ...I~M..44 01.1.1 6 ' FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2216 - Woodland/Fairview Cemetery Tree Removal &Trimming Community Development, Environmental Services Opened on March 29, 2005 BIDS RECEIVED: Alford Tree Service,Jefferson City, MO $ 39,075.00 Wilson Tree Service,Jefferson City, MO $ 59,650.00 The request for bids was advertised in the News Tribune and posted on the City web site on March 13,2005. Six bidders were sent specifications. Four bidders attended the pre-bid meeting on March 22, 2005. FISCAL NOTE: 1000-3200-2040-0000- Environmental Services-Cemetery Maintenance • 2004-05 Budget $ 35,000.00 Expended 6,447.59 Encumbered $ 11,625.03 Bid No. 2216 $ 15.000.00 Balance $ 1,927.38 PAST PERFORMANCE: This vendor has completed projects for the City in the pastas specified and bid. Staff believes they will continue to perform satisfactorily. RECOMMENDATION: Before the bid opening , tree priorities were set as follows: Tree#17, #12, #34, #47, #9. #27, #5,#13, #26, #16,#15, #46, #28,#29, #030. Staff recommends the award of the bid to the lowest responsible bidder, Alford Tree Services of Jefferson City, Missouri for the work specified for tree numbers #17, #12, #34, #47, #9, and#13 for a total cost of$15,000.00. ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation • Signature ,�A4.�ilJ%L IWCIU Purchf ing Agent Direct r, nui ily Development Dept. ' City or „ of erson COMMUNin DEVELOPMENT �1�1� Memorandum 320 East McCarty Street • Jefferson City,Missouri 65101 • P: 573.634,6410 F: 573.634.6562 • www.jefkitymo.org/cd Date: April 1, 2005 To: Terry Stephenson, Purchasing Agent From: Patrick E. Sullivan, PE, Director of Community Development\ Thru: Gala Jaramillo, Environmental Health Services Division Director Subject: 82216—Woodland/Fairview Cemetery Tree Removal & Trimming A review committee consisting of Gene Williams, Ray Wallace, and J.J. Gates evaluated the bids received for tree removal and trimming at Woodland/Fairview Cemetery. The Committee recommends the low bid from Alford Tree Service of Jefferson City, Missouri in the amount not to exceed $15,000. The review committee agreed with the attached priority list of trees to be • removed and trimmed to meet the budgeted amount. The committee feels Alford Tree Service is qualified and has the necessary equipment to complete the work In a timely and satisfactory manner. 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