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HomeMy WebLinkAboutR-2013-086 Community Center Janitorial Services - Town & Country RESOLUTION NO. R- 2013 -086 A RESOLUTION AWARDING THE BID FOR COMMUNITY CENTER JANITORIAL SERVICES TO TOWN & COUNTRY BUILDING SERVICES AND APPROVING EXECUTION OF A CONTRACT IN CONNECTION WITH THE PROVISION OF SUCH SERVICES WHEREAS, the City of Riverside, Missouri issued an invitation to bid to contractors for janitorial services for the community center, including daily, weekly, monthly, and annual cleaning services detailed; and WHEREAS, seven written bids were received from vendors to provide such services; and WHEREAS, the purchasing policy adopted by the City provides for award of a bid to the lowest responsible bidder with due consideration given to the quality of previous performance of the contractor as well as the quality of service for this particular use required; and WHEREAS, following an investigation of services and references, staff has recommended award of the bid to Town & Country Building Services, North Kansas City, Missouri as the lowest responsible bidder; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into an agreement with Town & Country Building Services, North Kansas City, Missouri, to perform such services for the community center; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the bid of Town & Country Building Services, North Kansas City, Missouri, for janitorial services of the community center for a one year term, with the option to renew for up to two additional one year terms, in the amount of $8,868.00 annually and such additional years as set forth in Exhibit A attached hereto, is hereby accepted; and FURTHER THAT the City Administrator, Mayor and /or Finance Director are hereby authorized to execute an agreement in substantially the same form as attached hereto in Exhibit A, along with all other documents necessary to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the 6 day of August, 2013. i are. ...,...••••••..,,, M or Kathleen L. Rose :AFLEST; woe Robin Littrell City CIetk BID FORM RIVERSIDE COMMUNITY CENTER JANITORIAL SERVICES Total Annual Price (to be payable in twelve monthly installments, and is inclusive of all labor, materials, equipment and supplies): $ 8, 86 8 . 6v The undersigned certifies that he /she has the authority to bind the company in a Contract to supply the commodity or service in accordance with all terms, conditions, and pricing specified herein or to offer a "no bid ". Please type or print the information below. COMPANY NAME TELEPHONE NUMBER % war F C&&TCti swam, seances 8/4 - 92/ - 2C25 STREET ADDRESS FAX l�s2g SWIFT #3o0 g/6- en/ - 3754 CITY, STATE, ZIP EMAIL N/KL /no 6401, cri /11;0 A s.crvs'rzs , Got - AUTHORIZED REPRESENTATIVE (PRINT) TITLE AMite pin w ( Ps 4ccou„ rt E cuT(ve. AUTHORIZED SIGNATURE DATE 7 -12 -/3 TAX ID# ENTITY TYPE (Corporation, LLC, Sole Proprietor, Partnership) 43 412 Cacf 5 AGREEMENT THIS AGREEMENT, made and entered into this he of 2013 , (the "Effective Date ") by limn) $4.- (hereiinafter and the City verside, Missouri (hereinafter "City "). n City and Contractor agree as follows: SECTION 1. Term of Agreement. This Agreement shall begin as of the Effective Date and shall continue until June 30, 2014, with the option to be renewed for up to two (2) additional one (1) year periods upon mutually agreeable terms. SECTION 2. Scope of Services. The Contractor shall provide the Project Services described in and subject to the conditions contained in the Request for Proposals for Community Center Janitorial Services, hereby incorporated by this reference into this Agreement as if set forth in full. The Contractor will hire, train, supervise, direct the work of, and discharge all personnel engaged by them to perform the Project Services. The Contractor is solely responsible for payment of wages, salaries, fringe benefits and other compensation of, or claimed by, the Contractor's personnel in the performance of the Project Services, including, without limitation, contributions to any employee benefit plans and all payroll taxes. Contractor shall be responsible to pay all costs for permits, licenses, fees and insurance which may be required to perform the work required. SECTION 3. Payment. The parties agree that the total annualized cost for Project Services is $ :,':1 , which shall be payable upon invoice in twelve monthly and equal installments provided that this Agreement has not been terminated as provided herein. SECTION 4. Federal Work Authorization. Pursuant to RSMo 285.530(1), by its sworn affidavit in substantially the form included in the bid documents and incorporated herein, Contractor hereby affirms its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Furthermore, Contractor affirms that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. SECTION 5. Insurance Requirements. A. General Provisions. Contractor shall file (by the Effective Date) with the City evidence of liability insurance that is consistent with the amounts and endorsements set forth below, and shall maintain such insurance until this contract is terminated. B. Limits and Coverage. 1. Commercial General Liability Insurance: Commercial General Liability Coverage in an aggregate amount of not less than $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident of occurrence. a. The following endorsements shall attach to the policy: (1) The policy shall cover personal injury as well as bodily injury. (ii) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage. (iii) Broad form property damage liability shall be afforded. (iv) The City shall be listed as an additional insured. (v) The City shall be notified in writing at least 30 days prior to cancellation of the policy. 7 2. Workers' Compensation Insurance: The Contractor shall obtain and maintain Workers' Compensation Insurance for a limit of $1,000,000 for all of their respective employees, and in case any work is sublet, the Contractor shall require any subcontractors to provide Workers' Compensation insurance for all subcontractors' employees, in compliance with Missouri law. The Contractor hereby indemnifies the City for any damage resulting to it from failure of either the Contractor or any contractor or subcontractor to obtain and maintain such insurance. SECTION 6. General Conditions A. General Independent Contractor Clause. This agreement does not create an employee /employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers' Compensation and Unemployment Insurance laws. B. Termination. The City shall have the right at any time by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price. C. Sub - Contracts. The Contractor shall not execute an agreement with any sub - contractor to perform any work under this Agreement until Contractor has the written consent of the City, which may be granted in its sole discretion. D. Indemnity and Hold Harmless The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and employees (individual and /or official capacity) from and against any and all claims, liability, suits, damages, costs (including attorney fees), losses, outlays and expenses in any manner caused in whole or in part by Contractor and arising out of services performed by Contractor under this Agreement. E. Conflict of Interest. In accepting this contract, Contractor certifies that no member or officer of its firm or corporation is an officer or employee of the City, or any of its boards or agencies, and further that no officer or employee of the City has any financial interest, direct or indirect, in this contract. All provisions of RSMo. Section 105.450 et seq. shall not be violated. F. Assignment. The Contractor shall not assign in whole or in part any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City. G. Nondiscrimination. The Contractor agrees in the performance of this agreement not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment. H. Nonresident/Foreign Contractors. The Contractor shall procure and maintain during the life of this contract: i) If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri from the Secretary of State, unless exempt pursuant to the provisions of Section 351.570 R.S.Mo.; ii) A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial assurance law, unless exempt pursuant to the provisions of Section 285.230 RSMo. I. Notices. Any notice, approval or other communication between the City and the Contractor pursuant to this Agreement shall be made in writing and shall be deemed to be effective upon receipt or 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: 8 The City: City of Riverside Attn: City Administrator 2950 NW Vivion Road Riverside, Missouri 64150 Contractor: Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and the Contractor. J. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties. K. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated, venue shall be proper only in the Circuit Court of Platte County, Missouri. L. Compliance with All Laws. Contractor shall comply with all applicable federal, state, local, and other governmental laws, ordinances, statutes, rules, regulations. Contractor shall secure all permits from public and private sources necessary for performance of the Project Services. IN WITNESS WHEREOF, the Contractor and the City have executed this Agreement as of the Effective Date. CONTRACTTOR: /OWA) h gujtb SeeinCGS By: [ la � ,. Name: / 1"112( C J, i111 p S Title: I4a 0 1 1AJT Date: 8-/2' 2olg l ,. City of •'verside, Mis 1 I _ '.04 Kath ent. Rdse,IVlaayor ; Date: 44 . (o• a.o /.3 a . Atte : F ■■•••• 4/L •// Robin Littrell, City Clerk 9 REFERENCES: 19 Below 5 W 19th Kansas City MO 64108 Katie Mitchell 816 -471 -1019 C &W Enterprises, Ltd. 9108 Barton Overland Park KS 66214 Kim Gilmore 913- 438 -6400 Leawood, City Of 4800 Town Center Drive Leawood KS 66211 Chas Christ 913 - 339 -6700 WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530, RSMo STATE OF MISSOURI • ) ss. COUNTY OF tLA As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603. KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). / // BEFORE ME, the undersigned authority, personally appeared JT9 zr (/ //9J , who, being duly sworn, states on his oath or affirmation as follows: 1. My name is /7Shr P/r' //I/� S and I am currently the e te.se �a7 of / bk& G CovtiTRY ev,C)yi�11a 5ee4t e.5 (hereinafter "Contractor "), whose business address is /7jfl t /Ff / '3o° AMC Mo 644/6 , 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. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the Riverside Community Center Janitorial Services. 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. r- PJ ii(r 1s Affiant %s1 <r Printed Name Subscribed and sworn to before me this 6 144 day of , 2013. Notary Public CAROL A. BARKER Notary Public, Notary Seal State of Missouri 6 Clay County Commission # 1095194 My Commisslon Expires March 22, 1 2014 A -CORD- CERTIFICATE OF LIABILITY INSURANCE' . DATE(MLUDDWYYV) PRODUCER 1 7/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION KC Metro Insurance Agency, Inc. - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13A SW 3rd St. -•,- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED By THE POLICIES BELOW. Lee's Summit, MO 64063 - - • 816 - 347 -9099 • INSURERS AFFORDING COVERAGE NAIL# INSURED • INSURER A: ESSEX INSURANCE CO A XII • TOWN k. COUNTRY MKTG SERVICE INC. . INSURER B: THE HARTFORD INSURANCE CO A XV DBA TOWN & COUNTY BUILDING SERVICES INSURER c: OLD_ REPUBLIC SURETY CO. A VI • 1828 SWIFT, SUITE 300 INSURER D: C$ARTIS - -` A XV !NORTH KANSAS CITY, M0 64116 INSURER E: NATIONAL UNION FIRE INS A XV COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. INSR ADO. POLICY E FFECCTTIVE POLICV EXPIRATION LTR INSRD TYPF OF INSI TRANCE POLICY NUMBER DATEIMM DATE(MM'DYV) LIMITS GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO HEN I OD PREMISES (Ea occurence) $ 50,000 1CLAIMS MADE 1x1 OCCUR MEDEXP(Any one person) $ EXCLUDED 1 A SLKT ADDL INS 3DF7138 07/30/2012 07/30/2013 PERSONAL BADVINJURY $ 1,000,000 BY CONTRACT' GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 X I POLICY 7 78-F ' I LOC AUTOMOBILE LIABILITY ANYAUTO (Fa accidenn01NGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) • B X HIRED AUTOS BODILY INJURY $ X NON -OWNEDAUTOS 37 UEC P06776 SA 07/30/12 07/30/13 IPeraccident) PROPERTY DAMAGE IS . (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTOONLY: AGG $ �EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,000 A' O CCUR pi CLAIMS MADE AGGREGATE $ 3,000,000 UMBRELLA 07/30/12 07/30/13 PRODUCTS AG s 3,000,000 E D EDUCTIBLE EBUO21163556 a RETENTION $ ZERO $ WORKERSCOMPENSATIONAND - X I TORVIJMTS I IOFR I • EMPLOYERS LIABILITY WC 001646121 07/30/12 07/30/13 E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNEWEXECUTNE D OFFICERMEMBEi EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Ifyes. esaibeuntler SPECI PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C OTHER BUSNESS SERVICE RBS319615 07/30/12 07/30/13 PER EMP $50,000 BOND DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOIJ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN I S ^ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ! ` v l ' P I MPOSE NO O BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENT ES. AUTHOR! Rai RESENTATIVVE / / � E ////// , I icIL ACORD25(2001 /08) ©ACORD CORPORATION 1988