HomeMy Public PortalAboutORD13524 BILL NO. 2002-161
SPONSORED BY COUNCILMAN Vincent
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PRO SERVICES FOR
CEMETERY MAINTENANCE,
WHEREAS, Pro Services has become the apparent lowest an best bidder on the
Cemetery Maintenance project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1 . The bid of Pro Services is declared to be the lowest and best bid and
is hereby accepted for the cemetery maintenance project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Pro Services for Cemetery Maintenance.
Section 3. 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: ;' I ! _ _ Approved:_ t /
P esrding bfficef Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Cod '
,
CITY al..IEFF EAVON
CEME' 7YR Y MA/NTITNANCE CONTRACT
THIS CONTRACT, made and entered into this,��� day of April. 2003, by and betwcen Pro Services,
llcreinafter called "Contractor", and the City of'Jeffcrsolr, Missouri, a nlimicipal corporation, herc,inailer
called"City,"
WITNL SSFsTH: That Whereas, Contractor has become the lowest responsible bidder 1'61. furnishing the
supervision, labor,tools,equipment,materials and supplies related to lawn maintenance of City cemeteries.
NOW THEREVORf1, the parties to this contract agree to the fidlowing:
1. Seo v of Services, Contractor iq;rces to perform the services related to lawn maintenance of City
cemeteries,said services nion;particularly described in Exhibit A attached hereto. Said cemeteries
Ibr work to be performed are: the Fairview and Woodland Cemeteries located at East McCarty
Street, JetTerson City, Missouri, and the Longview C'enletcry, located on Scott Station Road,
JetTerson City, Missouri.
2. Manner and Time for Corntkletign. Contractor agrees with the City to furnish all supervision,
labor, tools, equipment, materials and supplies necessary to perform, and to perlbrm, said work at
Contractor's own expense in accordance with the contract documents and any applicable City
ordinances and state and Federal laws, within thirty (30) calendar clays front file date Contractor is
ordered to proceed, which order shall be issued by the Department of Cotnnlinlity Development
within ten (10) days after the date of this contract.
3. Contract Period. This contract shall be in effect from May 1, 2003 through April 30, 2004. With
the consent ofboth parties,tine Contract may be extended fir two(2)additional oue(I )year periods.
4. Pa "Ient. Payment shall lie made to Contractor by City following the submission by Contractor
of all rtenii cd statement following completion of services.
5. Pir —ailing—Ws LIC. To the extent that the work perftlrrncd by Contractor is subject to prevafling
wage law,Contractor Shrill pay a wage of ►lo less f11an the"pr'e'vailing!lolly ripe of wages" for work
of a similar character in this locality,as established by Department of Labor and Industrial Relations
of the State of Missouri,and as established by the federal 1?mploynlcnt Standards of tilt Department
of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages fill.
this project because Contractor has obtained flle prevailing hourly rate of wages front the contents
of Annual Wage Order No. 9 in which the rate ol'wages is set OM-fh. Contractor Iurillcr agr'ces that
Contractor will keep sin accurate record showing the names and occupations of all workmen
e►nf,loyed in connection with the work to he performed tinder the terms ol,this contrucl, The record
shall show the actual wages paid to the workmen in connection with the work to be pert'ornied!older
the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each
week. In accordance with Section 290,250, RSMo, Contractor shall Forfeit to the City Tvn Dollars
($10,00) for each workman employed, for each calendar clay or portion thereof'thaf the workinim is
paid less than the stipulated rates for any work done under this contract, by Contractor or any
subcontractor under the Contractor.
• \�
tl.\l onlrant P�Ics�+civia I ru Scrvicw.Ccmeicry Mi111U1'I1:InCe 2003.wpd
Cd T Y 0 F.I FFERSON
CEMETERY MAINTENANCE CONTRACT
THIS CONTRACT, made and entered into this,-�Lday of April, 2003, by and between Pro Services,
hereinafter called "Contractor", and the City ol'Jeffe►son, Missouri, a municipal corporation, hereinafter
called "City."
WITNESSETFI: That Whereas, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor,tools,equipment,materials and supplies related to lawn maintenance of'City cemeteries.
NOW TFiEREhORE, the parties to this contract agree to the following
1. Scoa).e of Services. Contractor•agrees to perlorm the services relate(.! to lawn maintenance of City
cemeteries,said services morn particularly described in 1?
6. Ericiny.
YEAR ONE Qty Unit Price 'Total Pricy.
A. Care and Maintenance of
Fairview, Woodland, and
Longview Cemeteries as
Specitied. 12 mos $1,000.00 $12.000.00
13. Care and Maintenance of
Fairview, Woodland, and
Longview Cen►etcrics as
Specified, 12 mos $1,010.00 $12,120.00
C. Carr,and Maintenance of
Fairview, Woodland, an(I
Longview Cemeteries as
Specified. 12 ►rtos $1,020.00 $12,230.00
7. insurance.
Contractor shall procure and maintain at its own expense during the lire of this contract:
A. Workmen's Compensation insurance for all of its employees to be engaged in work
under this contract.
13. Contractor's Public Liability Insurance in an amount not less than$500,000 for all
claims arising out of a single occurrence and $100,000 f'or any one person in a
single accident or occurrence, except liar those claims governed by the provisions
of the Missouri Workmen's Compensation Law, Chapter 287, RSN9o, and
Contractor's Property Damage insurance in an anwt.rr►t not less than $500,000 for
all claims arising out of a single accident or occurrence and $100,000 ('or any one
person in a single accident or occurrence.
C. Automobile Liability insurance in an amount not less than $500,000 for all claims
arising out of a single. accident or occurrence and $100,000 for any one person in
a single accident or occurrence.
l.). Owner's Protective Liability Insurance. Contractor shall also obtain at its own
expense and deliver to the City an Owner's Protective Liability insurance Policy
naming the City of Jefferson as the insured,in an amount not less than$500,000 for
all claims arising out ofa single accident or occurrence and $100,000 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.
No policy will be accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
liXontmet FilMservice\Pm ServiceiTemetcry Maintenance 2003.wpd 2
I... Subcontracts. In case any or all of this work is sublet,Contractor Shall require the
Subcontractor to procure and main(ain.all instinmee required it)Subparagraphs(a),
(1)), and (c) hcreofand in like amounts,
I . Sccljjc of lnsuramce and_Spevial Hazard. The insurance required under Sub-
paragraphs(b)and(c)hereof shall provide adequate protection filr Contractor and
its subcontractors, respectively, against damage claims which nlay arl4c from
operations tinder this contract, whether such operations be by the insured or by
anyone directly or indirectly employed by it, and also against ally Special hazards
which may be encountered in the perlormmnce of this contract.
NCD'i'E Paragraph (1) is conStruccl to retluit•c (Ile procurcnnenl of Contractor's protective
inurance (car contingent public liability and conthipcia property damage policies) by a
general contractor whose subcontractor has employees working on the project, unless the
general public liability and property damage policy(or rider attached thereto)ofthc general
contractor provides adcgmate protection against claims arising from operations by anyone
directly or indirectly employed by Contractor.
8. C'ontractor's Responsibilityfor Subcontractors. It is Furthcr agreed that Contractor shall be as
Fully responsible to the City flit- the acts and onlissionS of itS subcontractors, and of persons either
directly or indirectly employed by them, as Contractor is lilt- the acts and omissions of persons it
directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts
relating to this work,to bind all subcontractors to Contractor by all the tails herein set firth,insofar
as applicable to the work of subcontractors and to give Contactor the same power regarding
termination ofany subcontract as the City may exercise over Contractor under any provisions of this
contract.. Nothing contained in this contract Shall crcatc any contractual relations between any
Subcontractor and the City or between any Subcontractors.
9. Liquidated Damages. The City may deduct Two IIkindred Fil)y Dollars ($250.00) li•orn any
annount otherwise due under this contract lilt-every day Contractor fails or refuses to prosecute the
work, orally separable part thereof, with Such diligence aS will itl.tiuro the completion by the time
above specified, orally extension thereof', or fails to complete the work by such time,as long as the
City does not terminate the right of'C:'ontractor to proceed. It is further provided that C'ontraclor sht►11
not be charged with liquidated damages because of delays in the completion of the work clue to
unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's
part or the part of7 its agents.
10. 'Termination. The City reserves the right to Ie:rnlinatc this contact by giving al Ieast iive(5) days
prior written notice to Contractor, wllllout preJudice to any ether rights or remedies of the City
Should Contractor be adjudged a bankrupt, or if C'ontritetor Should stake a general assignment Ibr
the benefit of its creditors, or it'a receiver should be appointed 1M- Contractor or Iii any of its
property, or it'Cantaetor•Should persistently or repeatedly refuse or tail to supply enough properly
skilled workrrten or proper material, or if Contractor Should refuse o►• fitil to make prompt payment
to any person supplying labor or materials for the work under the contract, or persistently disregard
instruction of the City or Fail to observe or perform any provisions of the contract,
it. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7,then the
City may take over the work and prosecute the same to completion, by contract or otherwise, and
Contractor and its Sureties shall be liable to Ox.City Iii any costs over the anuxunt of this Contract
thereby occasioned by the City. in any such case the City may take possession of, and utilize in
I1Xontuet Fiteyleervicullm Scrvice-sTememy Maintenance 2003.Hpd 3
completing the work, such materials,appliances and structures as may be on the work site and are
necessary for completion of the work. The filregoing provisions are in addition to, and not in
limitation of, the rights of*tile City under tiny other provisions of the contract, city ordinances, and
state and federal laws.
12, indemnitv. To the Fullest extent perneitted by Iaw,the Contractor slltlll inc;lcillteify,defCted and hold
harmless the City, its elected and appointed officials, employees, and agents, from and against all
claims, da►nages and expenses, including but not limited to attorneys' fees arising out or resulting;
from the performance of the Work, provided that any such claim, damage, loss or expense
attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangihle
property(other than the Work itself) including the loss of use resulting therefrom and is caused in
whole or in part by any negligent act or omission or the Contractor, any Subcontractor, anyone
directly or indirectly employed by any ol'thenn or anyone For those acts any of them may be liable,
regardless of whether or not it is caused in part by a party incdemnified 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 party or person described in this Paragraph.
13. Payment for Labor and Materials. Contractor agrees and hinds itself'to pay flor all labor done,
and for all the materials used in the construction of the work to be completed pursuant to this
contract.
14. S« m lies. Contractor is hereby authorized and directed to utilize the City's sales tax exemption in
the purchase of goods and materials for the project as set out in Section )44.062, RSMo 1986 as
amended.
15. The contract documents shall consist of the following:
a. 'rhis Contract c. Signed Copy of Bid
b. Addenda f. General Provisions
c. Information for Bidders g. Special Provisions
d. Notice to flidders h. Technical Specifications
This contract and the other(documents enumerated in this paragraph, Form the Contract between the
parties. These c10CL1t11Ctlt.S are as fully a part ot'the contract as if attached hereto or reputed herein.
16. Nondiscrimination. Contractor agrees in the performance of'this contract not to discriminate on
the grouted or because o1'race,creed,color,national origin or ancestry,sex,religion, handicap, age,
or political opinion or affiliation, against any employee of'Contractor or applicant lbr employment
and shall include a similar provision in all subcontracts let or awarded hereunder.
17. Notices. All notices required to be in writing rutty be given by first class mail addressed to the
i)epartment of Community Development, City of Jcf erson, 320 Fast McCarty, Jefferson City,
Missouri, 65101, and Contractor, Pro Services, P.Q. Box 55, New Bloomfield, Missouri, 65063.
The date of delivery of'any notice shall he the second full clay alter the day of its mailing.
18. Jurisdiction. ']'leis agreement and every question arisinf;Iiereundct•shall be itlterpretecl according
to the laws and statutes of the State of M issouri.
IL\Cont►uct filesNycrvice\Pm Serviees\Cemetery Maintenance 2003.wpd 4
LN WITNESS WHEREOF, the parties hereto have set their hauls and seals this' '"{ clay of April, 2003,
CITY OF JEFFERSON,MISSOURI PRO SFR S
Mayor
ATTEST:
City clerkil 'Title: �,1"ne66 /P" e't'
APPROVE 0 FO Tyj
City Co selor
H:\Contract Files\service\Pro ServicesTemetcry Maintenance 2003,wpd $
—rA:
Exhibit A
SCOPE OF SERVICES
It is agreed and understood by the;contractor that work performed under this contract will be
inspected by the City and the City reserves the right at any time to suspend or order the correction
of work perfonned and to declare the contract forfeited for reasons of non-compliance to this
contract.
1. General
1.2 The contractor shall not engage or use the services of subcontractors in the
performance of this contract except with the prior approval of the City belare any
work is performed.
2. Personnel Requirements
2.1 Tyre contractor shall be responsible tar all supervision required to satisfiactorily
perform the requirements of"the contract.
3. Equipment and Supply Requirements
3.1 The contractor must furnish all equipment and materials necessary to perform the
contract.
4. SPECIFIC REQUIREMENTS
4.1 Fairview, Woodland and Longview Cemeteries
4.1.1 The contractor shall provide maintenance and repair of the ceinctery grounds
located on East McCarty Street and Scott Station Road, Jefferson City,
Missouri in accordance with the terms and conditions set herein.
4.1.2 Contractor shall mow the grass and vegetation as often as needed to keep
vegetation 1101.11- inches (4") or less. Once the mowing has started in a
cemetery, it must be completed in a two (2) day period, unless weather
conditions do not permit the completion thereof.
4.1.3 Contractor shell trim grass and vegetation along and on both sides of any
fences or walls, to the paved street or roadway, and maintain any fences or
walls free from the entanglement ofvines and all other vegetation. This must
be coordinated at the same time as mowing is being done and as needed
between mowing of the grounds.
HAContract Fi1cs\serv1ce\Pm Services\Cemetery Maintenance 2001.wpd 6
Exhibit; A
4.1.4 Contractor shall trim brass and vegetation around all brave markers,
headstones, and other appurtenances of the cemetery. This must be
coordinated at the same time as the mowing described in Item 2 above.
4.1.5 Contractor shall trim and care for shurbbery as directed by the City. This
item includes the cutting and removal of brush and undergrowth on the
hillside of Chestnut Street and East Miller Street.
4.1.6 Contractor shall maintain all areas free of litter and unsightly debris.
Contractor shall remove fallen limbs, leaves, and litter from the cemetery
grounds as needed, but not less than one (I) time per week.
4.1.7 Contractor shall dispose of litter and yard waste in accordance with
applicable laws and not stored on the cemetery premises.
4.1.8 Contractor shall maintain the hard surfaced c ritrance road,inner roadway,and
adjoining sidewalks free ofrnud, snow and debris.
4.1.9 Contractor shall maintain gates, fences, and storage buildings in good
condition and good repair with materials provided by the City.
4.1.10 Contractor shall use care at all items while performing work in the cemeteries
to avoid any damage to grave markers, headstones, and other appurtenances
to the cemetery.
4.1.11 Contractor shall remove and dispose of grave decorations as needed or
requested, but not less than four (4) times per year during the months of
February, April, October and August.
4.1.12 Contractor shall level and reseed all sunken graves or areas of cemetery as
needed or requested by the City.
4.2 Reports
4.2.1 Contractor or Contractor's designee shall be available to meet with City
representatives upon re(Iuest.
4.2.2 Contractor must submit a monthly statement of maintenance activity with the
billing statement.
4.2.3 Contractor shall maintain a log of all service perflormed that month, if any,
and submit with the monthly invoice,
4.2.4 The City shall maintain a monthly log of any service inadequately performed
that month. The City will monitor services and will require Contractor to
HAContract FilesherviceTro Services\Cemetery Maintenance 2001.wl)d 7
Exhibit A
correct the services inadequately performed within seventy-two (72) hours.
Contractor must notify the City at completion of corrective services.
S. Inspection
5.1 The Director of Community Development or his designee, will provide for the
inspection of the work. The inspector shall decide all questions that may arise as to
manner and of performance and acceptable fulfillment of the contract by the
contractor. Suspension of work may be ordered in writing by the Director of
Community Development or his designee if deemed to be in the public interest.
6. Payments
6.1 Payment shall be made to contractor on a monthly basis following the submission of
an itemized statement accompanied by the monthly activity report.
7. Insurance
7.1 The successful bidder shall agree to obtain and maintain throughout the term of the
contract all insurance as listed in the sample contract.
8. Contract
8.1 The sample contract has been attached.
H:\Contract ReAsmiccTm Services\Cemetery Maintenance 2003.wpd 8
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2066 - Cemetery Maintenance, Fairview, Woodland and Longview
Community Development, Opence( April 1, 2003
BIDS RETE11Vl D:
Year One Year Two Year Three
Pro Services, New Bloonlf teld, Mo. `ti 17,000.00 $12,120.00 $12,240.00
All Seasons, Lohman, MO $13,500,00 '4;1 4,160.00 $14,850.00
Gaines Landscaping, ,Jefferson City, M0 $16,008.00 $16,200.00 $16,500.00
Casteel Landscaping, I lartsburg, MO $14,400.00 $16,800.00 $18,000.00
Capital City Lawncare, .lefferson City, NIO $10.200,00 $16,800.00 $17,100.00
Suess Grounds Maint., I lenley, N10 $18.1921.00 $19,100.00 $19,428.00
Jack Deeken Serv., .left arson City, MO $21,600.00 $21,600,00 $21,600.00
Blind Pony Ciardens, I lolts Summi(, N40 $48,000.00 $48,000.00 $48,000.00
FISCAL NOTE:
1000-3320-2040-0000 .- Cemetery Maintenance
Iudgeted 2002-2003 $ 20,000.00
11'xpended $ 4,61)5.00
Encumbered $ 2,040.00
Bid No. 2066* $ 6,000 00
Balance $ 7,265.00
*The cost was pro-rated to cover the remaining 6 montlls ol'this fiscal year. Funds will be
budgeted in the 2003-2004 fiscal year file services due after November 1, 2003.
PAST PI_ RFORMANCHI:
"f'he City has no experience with this venclor. Based oil the CValUatiOn Of' inforrllation
provided listing the prior experience and the background and expertise of personnel, staff
believes this vendor will provided the services as specified.
RECOMMENDATION:
NDA'I ION:
Staff recommends the award of*the hid to the lowest and responsible bidder, Pro Services
of New I3loonllicid, Missouri in the amount of$12,000.00 fir year one. The bid carried up to
two additional one year renewal periods at specific prices i f the City chooses to renew.
ATTACHMENT'S - SUPPORTING DOCUMI NTATTON
`tabulation of Bids, Departmental Recommendation
Sil,nalurc' L�,Yu -; 'C�..,C-� a_..-✓�
Pl.trchasi g g nt Director, Dept, 6'f Allleflllity Development
I NT E R OF F I C E
MEMORANDUM
To: Terry Stephenson, Purchasing Agent
From: ��harlie Lansford, Assistant Director of Community Development
Date: April 3, 2003
RE: City Cemetery Maintenance Contract
The Department of Community Development has completed the evaluation of the
eight bids for the City Cemetery Maintenance Contract.
The evaluation process was performed by Charles Lansford interviewing the lowest
bidder and completing the evaluation forms pertaining to expertise of personnel, past
experience, and reliability.
Based on the evaluation process, the Pro Services bid of$12,000 for the first year,
$12,120 for the second year and $12,240 for the third year is recommended for.approval.
This cost is within the approved 2003 budget for Cemetery Maintenance.
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