HomeMy Public PortalAboutORD15844 BILL NO. 2018-063
SPONSORED BY Councilman Hussey
ORDINANCE NO. 6g 4)1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH A.J. LAWNCARE
LLC FOR CEMETERY MAINTENANCE OF LONGVIEW CEMETERY, OLD CITY
CEMETERY, AND WOODLAND CEMETERY.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with A.J. Lawncare LLC for cemetery maintenance of Longview
Cemetery, Old City Cemetery, and Woodland Cemetery.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: 44 %Y46,4' 5 gO h Approved: (4/1/7 (o ,?0 ,g.
apiA,
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
At�ti
C y Clerk City Co eor
EXHIBIT A
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as
indicated below, by and between the City of Jefferson, a municipal corporation of the
State of Missouri, hereinafter referred to as the "City", with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, and AJ Lawncare, LLC, hereinafter
referred to as the "Contractor", with offices at 3621 Route NN, Centertown, Missouri,
65023.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain
professional services for cemetery maintenance, hereinafter described in Exhibit A.
WHEREAS, Contractor has made certain representations and statements to
the City with respect to the provision of such services and the City has accepted said
proposal to enter into a contract with the Contractor for the performance of services
by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by
and between the City and the Contractor as follows:
1. Scope of Services. The City agrees to engage the services of the Contractor to
render certain professional services for cemetery maintenance, hereinafter described
in Exhibit A. In the event of a conflict between this agreement and any attached
exhibits, the provisions of this agreement shall govern and prevail.
2. Term. This contract shall commence on the 1st day of December, 2018, and
continue until the 30th day of November, 2019. This agreement shall automatically
renew for up to two (2) additional one (1) year renewal periods, unless notice of
non-renewal is provided by a party at least ninety (90) days prior to any expiration
date. The City may extend this contract on a month to month basis not to exceed six
(6) months.
3. Additional Services. The City may add to Contractor services or delete
therefrom activities of a similar nature to those set forth in Exhibit A, provided that
the total cost of such work does not exceed the total cost allowance as specified in
paragraph 6 hereof. The Contractor shall undertake such changed activities only
upon the direction of the City. All such directives and changes shall be in written
form and approved by the Director of Planning and Protective Services and shall be
accepted and countersigned by the Contractor or its agreed representatives.
4. Existing Data. All information, data and reports as are existing, available
and necessary for the carrying out of the work, shall be furnished to the Contractor
without charge by the City, and the City shall cooperate with the Contractor in every
reasonable way in carrying out the scope of services. The Contractor shall not be
liable for the accuracy of the information furnished by the City.
5. Personnel to be Provided. The Contractor represents that Contractor has or
will secure at its expense all personnel required to perform the services called for
under this contract by the Contractor. Such personnel shall not be employees of or
have any contractual relationship with the City except as employees of the
Contractor. All of the services required hereunder will be performed by the
Contractor or under the Contractor's direct supervision and all personnel engaged in
the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be
subcontracted except as provided in Exhibit A without the written approval of the
City.
6. Compensation. The City agrees to pay the Contractor for services rendered
under this contract:
1st Year-$31,500.00
2nd Year -$33,072.00
3rd Year -$34,7 48.00
No change in compensation shall be made unless there is a substantial and
significant difference between the work originally contemplated by this agreement
and the work actually required.
7. Failure to Perform. Cancellation. If, through any cause, the Contractor shall
fail to fulfill in timely and proper manner its obligations under this contract, or if the
Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this contract by giving
written notice to the Contractor of such termination and specifying the effective date
thereof, at least five (5) days before the effective day of such termination. The
Contractor may without cause terminate this contract upon 30 days prior written
notice. In either such event all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the Contractor under this contract shall, at the option of the City,
become its property, and the compensation for any satisfactory work completed on
such documents and other materials shall be determined. Notwithstanding the
above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any such breach of contract by the Contractor.
8. Assignment. The Contractor shall not assign any interest in this contract,
and shall not transfer any interest in the same (whether by assignment or novation),
without prior written consent of the City thereto. Any such assignment is expressly
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subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as
provided herein, and no such assignment shall require the City to give any notice to
any such assignee of any actions which the City may take under this agreement,
though City will attempt to so notify any such assignee.
9. Confidentiality. Any reports, data or similar information given to or
prepared or assembled by the Contractor under this contract which the City requests
to be kept as confidential shall not be made available to any individual or
organization by the Contractor without prior written approval of the City.
10. Nondiscrimination. The Contractor agrees in the performance of the contract
not to discriminate on the grounds or because of race, creed, color, national origin or
ancestry, sex, religion, handicap, age or political affiliation, against any employee of
consultant or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
11. Independent Contractor. The Contractor is an independent contractor and
nothing herein shall constitute or designate the Contractor or any of its employees as
agents or employees of the City.
12. Benefits not Available. The Contractor shall not be entitled to any of the
benefits established for the employees of the City and shall not be covered by the
Workmen's Compensation Program of the City.
13. Liability. The parties mutually agree to the following:
a. In no event shall the City be liable to the Contractor for special,
indirect, or consequential damages, except those directly or
approximately caused by the City arising out of or in any way connected
with this contract.
b. The Contractor shall indemnify and hold the City harmless from and
against all claims, losses and liabilities arising out of personal injuries,
including death, and damages to property to the extent caused by any
negligent act or omission on the part of the Contractor related to the
services performed under this contract.
14. Insurance. Contractor shall provide, at its sole expense, and maintain during
the term of this agreement commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in the State of
Missouri, and unless otherwise approved by the City, with a rating by Best of not less
than "A," that shall protect the Contractor, the City, and the City's officials, officers,
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and employees from claims which may arise from operations under this agreement,
whether such operations are by the Contractor, its officers, directors, employees and
agents, or any subcontractors of Contractor. This liability insurance shall include,
but shall not be limited to, protection against claims arising from bodily and personal
injury and damage to property, resulting from all Contractor operations, products,
services or use of automobiles, or construction equipment at a limit of $500,000 Each
Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be
deemed a waiver of the City's sovereign immunity. An endorsement shall be
provided which states that the City is named as an additional insured and stating
that the 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 30 days
advance written notice of such event being given to the City.
15. Documents. Reproducible copies of tracings and maps prepared or obtained
under the terms of this contract shall be delivered upon request to and become the
property of the City upon termination or completion of work. Copies of basic survey
notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions
or limitations on their use. When such copies are requested, the City agrees to pay
the Contractor its costs of copying and delivering same.
16. Nonsolicitation. The Contractor warrants that they had not employed or
retained any company or person, other than a bona fide employee working solely for
the Contractor, to solicit or secure this contract, and that they have not paid or
agreed to pay any company or person, other than a bona fide employee working solely
for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall have the right to
annul this contract without liability, or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
17. Books and Records. The Contractor and all subcontractors shall maintain all
books, documents, papers, accounting records and other evidence pertaining to costs
incurred in connection with this contract, and shall make such materials available at
their respective offices at all reasonable times during the contract and for a period of
three (3) years following completion of the contract. ·
18. Delays. That the Contractor shall not be liable for delays resulting from
causes beyond the reasonable control of the Contractor; that the Contractor has
made no warranties, expressed or implied, which are not expressly set forth in this
contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
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19. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation,
affirm its enrollment and participation in a federal work authorization
program with respect to the employees working in connection with the
contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection with the
contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited
partnership, Contractor shall provide proof of citizenship or lawful
presence of the owner.
20. Notices. All notices required or permitted hereinunder and required to be in
writing may be given by first class mail addressed to the Department of Planning and
Protective Services, 320 E. McCarty Street, Jefferson City, Missouri, 65101, and AJ
Lawncare, LLC, 3621 Route NN, Centertown, Missouri, 65023. The date and
delivery of any notice shall be the date falling on the second full day after the day of
its mailing.
CITY OF JEFFERSON AJ LAWNCARE, LLC
adm/ci
a /0—
Carrie Tergin, Mayor Title: al-/#114'--
Date:
l-"u4'--
Date: 71,9v-. (o, poi g Date: /kit)"%''
ATTEST: ATTEST:
E fly Dona/ron, City Clerk Title:
APPROVED AS TO FO : :
Rya • lman, City Counselor
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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 performed
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 written approval of the City before any work is
performed. All services will be performed in a workmanlike fashion.
2. Personnel Requirements
2.1 The contractor shall be responsible for all supervision required to satisfactorily 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 Fairview and
Woodland Cemetery grounds located at 1000-1022 East McCarty Street and
Longview Cemetery located at 204 Scott Station Road 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 four 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 shall 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 of vines 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.
4.1.4 Contractor shall trim grass and vegetation around all grave markers, headstones,
and other appurtenances of the cemetery taking care to avoid damage to such.
The contractor may use vegetation control products around grave markers,
headstones and other appurtenances to reduce the amount of trimming; however,
all products used must be approved by the City prior to application. This must be
coordinated at the same time as the mowing described above.
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4.1.5 Contractor shall trim and care for shrubbery 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. This also includes the pruning of trees
with low hanging branches in the cemetery as directed by the City.
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 ( 1) time per week. Contractor must also remove excess dirt
from the excavation of grave sites at least once annually or as directed by the
City.
4.1. 7 Contractor shall dispose of litter and yard waste in accordance with applicable
laws and not stored on the cemetery premises. Contractor must also empty trash
container weekly located at Longview Cemetery.
4.1.8 Contractor shall maintain the hard surfaced entrance road, inner roadway, and
adjoining sidewalks free of mud, 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. Materials provided by the
City do not include vegetation control products. Any vegetation control products
described in 4.1.4 shall be at the sole expense of the contractor.
4.1.1 0 Contractor shall use care at all times while performing work in the cemeteries to
avoid any damage to grave markers, headstones, and other appurtenances to the
cemetery. Contractor shall keep lawn mowing equipment (with exception of
string trimmers) at least six ( 6) inches away from grave markers, headstones,
family plot walls, and other appurtenances in the cemetery to avoid damage.
Care shall be taken with string trimmers so as not to damage appurtenances.
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,
August and October.
4.1.12 Contractor shall level and reseed all sunken graves or areas of cemetery as
needed or requested by the City. The City shall approve any and all seed to be
used.
4.1.13 Cemetery grass must be cut, and all litter, leaves and fallen limbs must be
removed within the five (5) days prior to the following major holidays; Easter,
Mother's Day, Memorial Day, Father's Day, Fourth of July, Labor Day, and
Veteran's Day.
4.2 Reports
4.2.1 Contractor or contractor's designee shall be available to meet with City
representatives upon request.
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 performed that month, if any, and
submit with the monthly invoice.
SUBMIT ORIGINAL AND ONE COPY OF THIS PAGE
PART IV
BID SHEET
All bids must be as specified or equaL Any deviation from specifications must be clearly stated
and fully described. Bidder must complete, sign and return this document with his bid
information. The bidder shall state the fixed price for the total number of days that he has made
his price firm.
YEARONE QTY
Care and maintenance of Fairview,
Woodland and Longview Cemeteries.
As specified 12 months
YEARTWO QTY
Care and maintenance of Fairview,
Woodland and Longview Cemeteries,
As specified 12 months
YEAR THREE QTY
Care and maintenance of Fairview,
Woodland and Longview Cemeteries,
As specified 12 months
GRAND TOTAL ALL THREE YEARS
Discount for prompt payment on invoices only
Discount will not be evaluated on bid.
This bid is firm for __ j.~...D __ days.
PRICE/MO.
PRICE/MO.
$ ;;A,I5~
PRICE/MO.
$~\~'\L.\
0% D
Do you represent a disadvantaged business enterprise? Yes_No I
Do you represent a woman owned business enterprise? Yes_No 7
Do you agree to cooperative procurement by Cole County? Yes ./No_
Do you agree to cooperative procurement by Housing Authority? Yes::{_ No_
EVerify information included? Yes_No
6
TOTAL COST
33(c 75 $
I
TOTAL COST
$ 34, I] ll\
NAME OF COMPANY 1/J Lac >V\ <;tAc<.. lL(
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AGENT & {) I_
TITLE lJ(\..M' -t-Opcr~C'
ADDREss 3f.fJL.\ RT AIN c..e.nkfo\.Ja 1 l\1.o ta5o~ 1
TELEPHONE s IJ-(o/Gf-Sio44 DATE 9-/Z -IY
SIGNATURE OF BIDDER~~-~~~~~~~~~~~~~~~~~~-
Fom1 of business: ~lc PropriclOrship _Limited Liability Corp. _Partenrship _corporation