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Home My WebLink AboutR-2013-086 Awarding Bid for Community Center Janitorial Services to Town & Country Building Servies and Approving Execution of ContractRESOLUTION 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 6th day of August, 2013. /s/ Kathleen L. Rose Mayor Kathleen L. Rose ATTEST: /s/ Robin Littrell Robin Littrell; City Clerk 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): $ 8,868.00 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 Town & Country Building Services TELEPHONE NUMBER 816-421-2525 STREET ADDRESS 18285 Swift #300 FAX 816-421-3759 CITY, STATE, ZIP NKC MO 64116 EMAIL aphillips@tcbuildingservices.com AUTHORIZED REPRESENTATIVE (PRINT) Asher Phillips TITLE Account Executive AUTHORIZED SIGNATURE /s/ Asher Phillips DATE 7-12-13 TAX ID# 43 1139427 ENTITY TYPE (Corporation, LLC, Sole Proprietor, Partnership) Corp. 5 AGREEMENT THIS AGREEMENT, made and entered into this 12th day of Aug. 2013, (the "Effective Date") by Town & Country Bldg Services (hereinafter "Contractor") and the City of Riverside, Missouri (hereinafter "City"). 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 $8,868.00, 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: (i) 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: Contractor: City of Riverside Attn: City Administrator 2950 NW Vivion Road Riverside, Missouri 64150 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. CONTRACTOR: Town & Country Building Services BY: /s/ Asher Phillips Name: Asher Phillips Title: Account Executive Date: 8-12-2013 City of Riverside, Missouri /s/ Kathleen L. Rose Kathleen L. Rose, Mayor Date: Aug. 6, 2013 Attest: /s/ Robin Littrell 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 Clay) 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 Asher Phillips, who, being duly sworn, states on his oath or /affirmation as follows: 1. My name is Asher Phillips and I am currently the Representative of Town & Country Building Services (hereinafter "Contractor"), whose business address is 1828 Swift #300 NKC MO 64116, 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. /s/ Asher Phillips Affiant Asher Phillips Printed Name Subscribed and sworn to before me this 15th day of July, 2013. /s/ Carol A. Baker Notary Public CAROL A. BARKER Notary Public, Notary Seal State of Missouri Clay County Commission # 10951941 My Commission Expires March 22, 2014 6 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/24/2012 PRODUCER KC Metro Insurance Agency, Inc. 13A SW 3rd St. Lee's Summit, MO 64063 816-347-9099 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED TOWN &.COUNTRY MKTG SERVICE INC.' DBA TOWN & COUNTY BUILDING SERVICES 1828 SWIFT, SUITE 300 NORTH KANSAS CITY, MO 64116 INSURERS AFFORDING COVERAGE | NAIC# INSURER A: ESSEX INSURANCE CO A XII INSURER B: THE HARTFORD INSURANCE CO A XV INSURER C: OLD REPUBLIC SURETY CO. A VI INSURER D: CHARTIS A XV 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 ISSUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. NSA LTR | ADD'L INSRD | TYPE OF INSURANCE | POLICY NUMBER | POLICY EFFECTIVE DATE (MM/DD/YY) | POLICY EXPIRATION DATE(MM/DD/YY) | LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR BLKT ADDL INS BY CONTRACT GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY _ PROJECT _ LOC 3DF7138 07/30/2012 07/30/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurence) $ 50,000 MED EXP (Any one person) $ EXCLUDED PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1, 000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS 37 UEC P06776 SA 07/30/12 07/30/13 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ E EXCESS/UMBRELLA LIABILITY X OCCUR _ CLAIMS MADE DEDUCTIBLE RETENTION $AERO UMBRELLA EBU021163556 07/30/12 07/30/13 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 PRODUCTS AG $ 3,000,000 $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERSHIP/EXECUTIVE OFFICE MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC 001646121 07/30/12 07/30/13 X WC STATUTORY LIMITS _ OTHER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER BUSNESS SERVICE BOND RBS319615 07/30/12 07/30/13 PER EMP $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER SAMPLE ACORD25(2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt'( DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ! IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTIVES. AUTHORIZED REPRESENTATIVE /s/ Carol McAllister @ACORD CORPORATION 1988