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HomeMy WebLinkAboutR-2017-008 Embassy Landscape 2017 Grounds Keeping Contract RESOLUTION NO. R-2017-008 A RESOLUTION EXTENDING THE CITY MOWING AND GROUNDS KEEPING CONTRACT AND AGREEMENT FOR 2017 BETWEEN THE CITY AND EMBASSY LANDSCAPE GROUP IN AN AMOUNT NOT TO EXCEED $54,039.00 WHEREAS, pursuant to Resolution R-2015-009 (attached hereto as Exhibit A), the City approved a contract with Embassy Landscape Group for mowing and grounds keeping in an amount not to exceed $45,614.00 for the City of Riverside; and WHEREAS, pursuant to Resolution R-2015-020 (attached hereto as Exhibit A), the City authorized through Change Order No. 1 to the agreement for addition mowing and grounds keeping services in an amount not to exceed $6,327.00; and WHEREAS, pursuant to Resolution R-2016-007 (attached hereto as Exhibit B), the City authorized the first one (1) year extension for the entire mowing and grounds keeping contract in an amount not to exceed $52,980.00 for the City of Riverside; and WHEREAS, such contract agreement provides for the ability to extend such contract for three (3) additional one (1) year periods, 2016, 2017 and 2018, and upon both parties agreement, an annual 2% increase may be applied for fuel costs; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to extend such contract agreement for 2017 as set forth herein, authorizing and approving the second extension of the contract with Embassy Landscape Group in an amount not to exceed $54,039.00 for the mowing and landscaping project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the contract between the City and Embassy Landscape Group for the mowing and grounds keeping of the City grounds dated March 1, 2016 is hereby extended for 2017 at a revised annual amount not to exceed $54,039.00 is hereby accepted and approved; and FURTHER THAT the Board of Aldermen hereby approves the renewal agreement, attached hereto in its substantial form, and authorizes the Mayor to sign on behalf of the City; and FURTHER THAT the Mayor, City Administrator and other appropriate City officials are hereby authorized to execute all documents necessary to cant'out the terms and conditions to comply with the intent of this Resolution 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 Ak��Fday of Fe ruary, 2017. .. lJ*or Kathleen L. Rose City dirk R bin;l�i�caid CONTRACT NO. RSMP2017 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR THIS AGREEMENT is made and entered into this a�day of 4 rt, c a0 17 , by and between the City of Riverside, Missouri, ("City") and Embassy Lanscape Group ("Contractor"). City and Contractor agree as follows: 1. Contractor shall provide and pay for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A(Scope of Work)to this Agreement(the"Work")in compliance with all provisions of this Agreement. 2. Contractor shall start all the Work not later than; April 1.2017 Contractor shall complete all the work not later than; December 15,2017 3. Provided Contractor performs all the Work in accordance with this Agreement and complies with all obligations of Contractor under this Agreement, City shall pay Contractor monthly. This amount includes all costs of mowing project services performed for the month. Contractor shall submit a detailed invoice describing services performed at each area prior to receiving payment. 4. Subject to budget appropriations,the contract term may be extended from the a warded Date one additional one year periods upon the same terms contained in the original contract provided the parties mutually agree to such extension(s), furthermore upon parties agreement, a 2% increase can be applied for fuel costs. If extended for 2018, the City of Riverside may adjust starting and completion dates and add additional or decrease mowing,as it deems necessary. 5. Contractor shall comply with all federal, state, local, and other governmental laws, ordinances, rules, regulations, orders, and the like applicable to the Work. Contractor shall secure all permits from public and private sources necessary for performance of the Work. 6. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent injury, damage, or loss to (a)employees and other persons at the site of the Work or who may be affected by the Work,(b)material and equipment stored at on-site or off-site locations for use in performance of the Work, and (c) other property at the site or in its vicinity, such as trees, shrubs, lawns,walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of performance of the Work. Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from injury, damage, or loss. 7. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. Contractor shall at all times during performance of the Work keep the site of the Work and all adjacent areas clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its equipment, tools, machinery, waste, and surplus material. Contractor shall make provisions to minimize and confine dust and debris resulting from performance of the Work. 8. Only material and equipment that are to be used directly in the Work shall be brought to and stored at the site of the Work. After equipment is no longer required for the Work, it shall be promptly removed from the site of the Work. Protection of material and equipment from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. 9. A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: I. COMMMERCIAL GENERAL LIABILITY — Contractor shall provide coverage for Contractor, City , its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: (1) Each Occurrence ........................... $1,000,000.00 (2) General aggregate ........................... $2,000,000.00 (3) Products/completed operations aggregate $2,000,000.00 (4) The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion,Collapse,and Underground Damage 2. AUTOMOBILE LIABILITY — Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non- owned autos. The coverage shall have not less than a combined single limit of$1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY — This insurance shall protect the Contractor against all claims under applicable state workers' compensation laws. The Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: (1) Workers' Compensation Statutory (2) Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named Insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a"All Risk"or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or material. This insurance shall, without limitation, insure portions of the Work stored on or off the site of the Work or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph B, except such rights as they may have to the proceeds of the insurance. C. All insurance shall be written by an insurer or insurers acceptable to City. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under this Agreement. Each policy providing general liability or automobile liability coverage shall, in form satisfactory to City, (a) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and(b)provide that it is primary to any other insurance maintained by any additional insured,which other insurance shall be excess or contingent. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and expressly providing no less than seven days prior written notice to City in the event of cancellation, expiration, nonrenewal, alteration,or reduction(including but not limited to reduction by paid claims)of coverage or limits evidenced by the certificate. The certificate or certificates shall be delivered to City not less than 24 hours before Contractor performs any of the Work. 10. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property, but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in party by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this paragraph 10. In claims against any person or entity indemnified under this paragraph 10 by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation under this paragraph 10 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts,disability benefits acts,or other employee benefit acts.. 11. Except with the prior written consent of City,Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract,or purchase order shall not relieve Contractor from any obligation under this Agreement,nor shall it create any obligation from City to any assignee,subcontractor,or vendor. CONTRACT NO. RSMP2017 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF RIVERSIDE By: 1�" - 1 Mayor • ATTESTED: CITY CLE$K.... [CONTRACTOR] By: ignature) Printed Name: Title: kGuu.,vr � 6105 NW River Park Dr. Riverside,Missouri 64150 110-LANDSCAPE GROUP, INC. Ph: 816-436-4194 2017 Grounds Maintenance Agreement Billing Information Project Information To: City of Riverside,Missouri Property: Horizon's Obelisk-Jeff Taylor Memorial Parkway Address: 2950 NW Vivian Rd Address: Horizons Parkway Attn:Accounts Payable Riverside,MO 64150 Riverside,MO 64150 TERMS: Beginning: March 1.2017 Ending: December 31.2017 Base Contract Amount: $6,583.00 Monthly Irrigation Repair Allotment: $ Per Occurrence: Initial Billing Options: Monthly: No.of Months 10 X $658.30 per month INTENT OF AGREEMENT It Is our intent that the property's landscape has the best possible appearance. We have set as our standard of comparison to all the top maintained properties In the Kansas City area. The physical health of the landscape Is to be maintained at the highest standards. It is understood that time is required to achieve the this. A reasonable time should be allotted to reach the standard.It is absolutely essential that all asoects of our lawn management program be completed In order to achieve the highest level of excellence requested by the property owners. Standards•Maintain contact with Management Company or Owner to receive comments,feedback,and supervision. Be available for discussion and suggestions on landscapers performance.•Provide technical and professional advice to the property on any existing or potential landscaping problems. •Perform all its services in such a manner to provide minimum inconvenience to staff and customers on property.•Observe working hours that will not begin before 7:00am or end after 7:00pm.•Provide adequate supervision of landscaper's employees while on property to Insure complete and satisfactory performance. Landscaper will provide liability Insurance certificate upon request. Properly Owner shall pay the Landscaper promptly for prior month's work not to exceed 30 days from the date of invoice.Either Party may elect to terminate or alter this contract with(30)days written notice,for any reason.Upon termination the Property owner is responsible for payment of all services rendered prior to the termination date.If a monthly payment plan is In place,the landscaper shall provide an accounting of services and materials provided and will refund any sums that were paid in advance for services not performed.Should any legal action be necessary the prevailing party shall be entitled to recover all legal and court costs. With the effects of the rising costs of fuel and petroleum related materials there is a potential of Increase In the cost of fuel. We are making every attempt to absorb these Increases,but are reserving the right for a petroleum cost adjustment should it be deemed necessary. The cost adjustment would Increase or decrease quarterly based on the national average price for regular gasoline as determined by The Energy Information Administration's official energy statistics from the U.S.Government. As always,we appreciate your understanding and consideration of this potential cost adjustment. Guest Worker Clause-Embassy operates in compliance with the Federally mandated labor rates for its Guest worker program. Embassy reserves the right to pass on any rate increases should the government Increase them during the terms of this contract. Severability-Should any part of this contract be Illegal or unenforceable,the rest of the contract shall remain in force. ACCEPTANCE OF AGREEMENT: The prices, specifications, and conditions are satisfactory and are hereby accepted; Embassy Landscape Group, Inc. is authorized to do the above maintenance work as specified in the Attachment A. Payment will be made according to terms outlined above. Agent of: Embassy Landscape Group, Inc. Agent of: City of Riverside,Missouri By Jeff Gllsinn By l Ori 0 or r e P ledGlanIN— Title Title t/ Si nature Si nature II \ i g g Lo17Y�iC001—A k-111C Date Date =a Date: February 03,2017 �ai�� A,IS) Embassy Rep. Jeff Gilsinn LANDSOAPL (;ROUP INC Client: City of Riverside,Missouri Grounds Maintenance (Attachment A) - Horizon's Obelisk-Jeff Taylor Memorial Parkway Descripiton of Services Frequency cost per Occ. Annual Cost Turf Maintenance Maw High Profile Turf 28 $179.00 $5,012.00 Horticultural Services Turf Application Rd pi 1 $314.00 $314.00 Turf Application Rd 82 1 $314.00 $314.00 Turf Application Rd H3 w/Grub 1 $315.00 $315.00 Turf Application Rd#4 1 $314.00 $314.00 Turf Application Rd M6 1 $314.00 $314.00 Optional Services Annual Maintenance Price $6,583.00 Client Signature Embassy Representative Signature By signing you are agreeing to the attached"Terms and Conditions"as they are written and approve Embassy to perform the estimated duties/tasks for the price quoted above. 6105 NW River Park Dr. Riverside,Missouri 64150 *LANDSCAPE CROUP. INC. Ph: 816-436-4194 2017 Grounds Maintenance Agreement Billing Information Protect Information To: City of Riverside,Missouri Property: City of Riverside,Missouri Address: 2950 NW Vivion Rd Address: 2950 NW Vivion Rd Attn:Accounts Payable Riverside,MO 64150 Riverside,MO 64150 TERMS: Beginning: March 1.2017 Ending: December 31,2017 Base Contract Amount: $47.456.00 Monthly Irrigation Repair Allotment: $ Per Occurrence: Initial Billing Options: Monthly: No.of Months 10 X $4,745.60 per month Agent of: Embassy Landscape Group Inc. Agent of: City of Riverside, Missouri By Jeff Gilsinn By T�„-r (, 0oC( e;j ��nn1eE'CII n eme Title Signature Signature Date Date a- 7 (( Date: February 03,2017 Embassy Rep. Jeff Gilsinn LANDSCAPE CROUP INC. Client: City of Riverside,Missouri Grounds Maintenance (Attachment A) - City of Riverside, Missouri Description of Services Frequency Cost per Oce. Annual Coat Turf Maintenance Spring Cleanup(leaves) 1 $1,250.00 $1,250.00 Mow High Profile Turf 30 $956.00 $28,680.00 Fall Cleanup(Leaves) 1 $1,375.00 $1,375.00 Chemicals Program Turf Application Rd#1 1 $1,525.00 $1,525.00 Turf Application Rd#2 1 $2,075.00 $2,075.00 Tud Application Rd#3w/Grub 1 $1,650.00 $1,650.00 Turf Application Rd#4 1 $1,825.00 $1,825.00 Turf Application Rd#6 1 $1,426.00 $1,426.00 Tree and Shrub Application Rd#2 1 $475A0 $475.00 Tree and Shrub Application Rd 43 1 $475.00 $475.00 Pre-emergent application in Beds 2 $1,050.00 $2,100.00 Detail Services Shrub Pruning-Spring 1 $550A0 $550.00 Shrub Pruning-Summer 1 $550.00 $550.00 Perennial Maintenance(Spring cutback) 1 $550.00 $550.00 Perennial Maintenance(Seasonal deadheading) 1 $550.00 $550.00 Bed Maintenance(woods) 15 $160.00 $2,400.00 Optional Services Annual Maintenance Price $47,456.00 Client Signature Embassy Representative Signature By signing you are agreeing to the attached"Terms and Conditions"as they are written and approve Embassy to perform the estimated duties/tasks for(he price quoted above. EXHIBIT A R-2015-009 and R-2015-020 RESOLUTION NO. R-2015-008 A RESOLUTION AUTHORIZING AND AWARDING THE CITY MOWING AND GROUNDS KEEPING CONTRACT FOR 2015 TO EMBASSY LANDSCAPE GROUP IN AN AMOUNT NOT TO EXCEED$45,614.00 WHEREAS, the City of Riverside, Missouri issued an invitation to bid to contractors for mowing and grounds keeping for the City of Riverside; and WHEREAS, one written bid was received from vendors for the mowing and grounds keeping project; 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 and product for this particular use required; and WHEREAS, following an investigation of services and references, staff has recommended award of the bid to the Embassy Landscape Group as the lowest responsible bidder; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize and approve the bid with Embassy Landscape Group in an amount not to exceed $45,614.00 for the mowing and landscaping project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the bid of Embassy Landscape Group for the mowing and grounds keeping of the City grounds in an amount not to exceed $45,614.00 is hereby accepted and approved; and FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such contract 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 Oday of March, 2015. D 4or Kathleen L. Ro e ATT City CIO* o 6105 NW River Park Dr. 1_4 .N Y(3 4SS) Riverside,Missouri 64150 *LANDSCAPEGROUP ' Ph: 816-4364194 2015 Grounds Maintenance Agreement Billing Information Project Information To: City of Riverside,Missouri Property: City of Riverside,Missouri Address: 2950 NW Won Rd Address: 2950 NW Vivian Rd Riverside,MO 64150 Riverside,MO 64150 TERMS: Beginning: January 1. 2015 Ending: December 31,2015 Base Contract Amount: $45.614.00 Monthly Irrigation Repair Allotment: $ Per Occurrence: Initial Billing Options: Monthly: No.of Months 12 X $3,801.17 per month Agent of: Embassy Landscape Group Inc. Agent of: City of Riverside.Missouri By Jeff Gilsinn By L) (,A-)0oCICI Q I I PdnW Cib [Nemo Title q« E t 71/£ Title � .�,c Ct )Gt4'V'S h),r j'CV- Signature I Date 11211---111 Date ,3 -3 aD/S Date: January 21,2015 Embassy Rep. Jeff Gilsinn LANDSCAPE GROUP INC Client: City of Riverside,Mlssoud Grounds Maintenance(Attachment A) - City of Riverside,Missouri Descripiton of Services Frequency Cost per OGe. Annual Com Turf Maintenance Spdng Cleanup(leaves 1 1 $1,241.00 $1,241.00 Mow High Profile Turf 30 $900.00 $27,000.00 Fall Cleanup(leaves) 1 $1,373.00 $1,373.00 chemicals Program Turf Apphcauon Rd#1 1 $1,516.00 $1,516.00 Turf Appllcauoo Rd#2 1 $2,087.00 $2,087.00 Turf Application Rd#3 W/Grub 1 $1,693.00 $1,693.00 Turf Application Rd#4 1 $1,840.00 $1,840.00 Turf Application Rd#6 1 $1,427.00 $1,427.00 Tree and Shrub Application Rd#2 1 $452.00 $452.00 Tree and Shrub Application Rd#3 1 $452.00 $452.00 Pre-emergent applltallon In Beds 2 $1,014.00 $2,028.00 Detail Services Shrub Pruning-Spring 1 $545.00 $545.00 Shrub Pruning-Summer 1 $545.00 $545.00 Perennial Maintenance(Spdng cutback) 1 $546.00 $546.00 Perennial Maintenance(Seasonal deadheading) 1 $542.00 $542.D0 Bed Maintenance(weeds 15 $155.00 $2,327.00 Optional Services Annual Maintenance Price $45,814.00 Client signature Embassy Representative Signature By signing you are agreeing to the attached"Terns and Conditions"as they are written and approve Embassy to perform the estimated dutles/tasks for the pros quoted above. RESOLUTION NO. R-2015-020 A RESOLUTION AUTHORIZING A CHANGE ORDER TO THE CITY MOWING AND GROUNDS KEEPING CONTRACT WITH EMBASSY LANDSCAPE GROUP IN AN AMOUNT NOT TO EXCEED $6,327.00 WHEREAS, the City of Riverside, Missouri awarded a contract to Embassy Landscape Group in an amount not to exceed $45,614.00 for mowing and grounds keeping for the City of Riverside; and WHEREAS, the City now desires to add additional mowing and grounds keeping services; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize a change order in an amount not to exceed $6,327.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the change order of Embassy Landscape Group for additional mowing and grounds keeping of the City grounds, a copy of which is attached hereto and incorporated herein, in an amount not to exceed $6,327.00 is hereby accepted and approved; and FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such contract 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 -;P-day of May, 2015. Mayor Kathleen L. Rose ATTEST': " City Clerk ti Date: 4/21/2015 Ali, Ili Embassy Rep. Jeff Gilsinn 6105 NW River Park Dr.Riverside, Missouri 64150 Client Tom Wooddell Phone: 816-436-4194 Fax: 816-436-0685 2015 Grounds Maintenance Agreement Billing Information Project Information To: City of Riverside Property: City of Riverside-Horizons Address: 29SO NW Vivion Rd. Address: Riverside,MO 64150 TERMS: Beginning: January 1,2015 Ending: December 31,2015 Base Contract Amount $4,900.00 Billing JPer0ccurrence Initial Options: Monthly No.of Months 8 X $612.50 per month INTENT OF AGREEMENT It is our intent that the property's landscape has the best possible appearance. We have set as our standard of comparison to all the top maintained properties in the Kansas City area. The physical health of the landscape is to be maintained at the highest standards. It is understood that time is required to achieve the this. A reasonable time should be allotted to reach the standard.It is absolutely essential that all aspects of our lawn management program be completed in order to achieve the highest level of excellence requested by the property owners. Standards•Maintain contact with Management Company or Owner to receive comments,feedback,and supervision. Be available for discussion and suggestions on landscaper's performance.•Provide technical and professional advice to the property on any existing or potential landscaping problems. Perform all its services in such a manner to provide minimum inconvenience to staff and customers on property.•Observe working hours that will not begin before 7:00am or end after 7:00pm.•Provide adequate supervision of landscaper's employees while on property to insure complete and satisfactory performance. Landscaper will take care so as not to damage or injure any plant,shrub,or Rowers with string trimmer(weed eater),lawn mower,or other equipment or chemicals;and to be responsible for replacement of any shrub,plant,or flower damaged by landscaper.Landscaper will take precautions to prevent grass from being thrown into air-conditioning units,condensing units,on patios,in ponds,vehicles and other public areas. Landscaper will provide liability insurance certificate upon request. Property Owner shall pay the Landscaper promptly for prior month's work not to exceed 30 days from the date of invoice.Either Party may elect to terminate or alter this contract with(30)days written notice for any reason.Upon termination the Property owner is responsible for payment of all services rendered prior to the termination date.If a monthly payment plan is in place,the landscaper shall provide an accounting of services and materials provided and will refund any sums that were paid in advance for services not performed.Should any legal action be necessary the prevailing party shall he entitled to recover all legal and court costs. Labor Surcharge-Embassy operates in compliance with the federally mandated labor rates for it Guest worker program.Embassy reserves the right in pass on any rate increases should the government increase them during the terms of this contract. SeveraWllty-Should any pan of this contract be illegal or unenforceable,the rest of the contract shall remain in force. ACCEPTANCE OF AGREEMENT: The prices,specifications,and conditions are satisfactory and are hereby accepted; Embassy Landscape Group,Inc. is authorized to do the above maintenance work as specified in the Attachment B.Payment will be made according to terms outlined ve. By: r) /rte„ l�firr Printed Client Name 11 1 Title•- LRxW t 1ie V c, � Date Agent of: C' By: r �s ✓ Printed Representative Name Title 4LC oen-r /701V*rX Agent of: Embassy landscape Group Inc. Date: 4/21/2015 Fmbassy Rep. Jeff Gilsinn 6105 NW River Park Dr.Riverside,Missouri 64150 Client Tam Wooddell Phone: 816-436-4194 Fax: 816-436-0685 2015 Grounds Maintenance (Attachment B ) City of Riverside - Horizons Category Description of Services Frequency. cost Per Annual Occurrence Cost Spring Cleanup 0 $ - $ Turf Mow/Trim/Edge/Blow High Profile Turf 28 $ 175.00 $ 4,900.00 Mow/Trim/Blow Semi Improved Turf 0 $ - $ - Fall Cleanup 0 $ - $ Turf Round#1 (Fertilizer&Preemergence) 0 $ - $ Turf Round#2(Fertilizer and Herbicide) 1 $ 427.00 $ - Turf Round#3(Fertilizer and Herbicide) 0 $ - $ - Turf Round#3(Grub Control&Fertilizer) 1 $ 330.00 $ - Turf Round#4(Fertilizer&Herbicide) 1 $ 421.00 S - Turf Round#5(Fertilizer&Herbicide) 0 $ - $ - Horticultural Turf Round#6-Winlerizer(Turf-Late Fall) 1 $ 279.00 $ Services Tree and Shrub Round#1 0 $ $ Tree and Shrub Round#2 0 $ - $ - Tree and Shrub Round#3 0 $ - $ Tree and Shrub Round#4 0 $ - $ Tree and Shrub Round#5 0 $ - $ Shrub Fertilization 0 $ - $ - Deep Root Feed Trees 0 $ - $ - Plant Red Pre-Emergence 0 $ - $ - fv1UlCll Mulch Tree Rings 0 $ $ Mulch Plant Beds 0 $ - $ Central Control Monitoring 0 $ - $ - Irrigation Spring Startup 0 $ $ System Monthly Site Inspection&Adjustment 0 $ S Fall Shutdown and Blowout 0 $ - $ - Spring Color Flower Beds 0 $ - $ Summer Color Flower Beds 0 $ $ Fall Color-Flower Beds 0 $ $ Seasonal Bulbs-Early Spring- Flower Beds 0 $ $ Color Spring Pots 0 $ - $ Summer Pots 0 $ - $ Fall Pots 0 $ - $ - Flower Bed Maintenance 0 S - $ - Spring Trim and prune shrubs 0 $ - $ Summer Trim and prune shrubs 0 $ - $ Fall Trim and prune shrubs 0 $ - $ - Tree Pruning c 12' 0 $ - $ - Perennial maintenance 0 $ - $ - Ground cover maintenance 0 $ - $ - Detail Hard Surface Sterilant 0 $ $ Bed Maintenance-Weed Control 0 $ - $ - Services Spade edge plant beds 0 $ $ Spade edge tree rings 0 $ - $ Mulch cultivation 0 $ $ - Nutsedge 0 $ - $ Overseed Turf 0 $ - $ Aeration 0 $ $ Annual Maintenance Price $ 4,900.00 Client Signature Emb Repr tative Signature 7 ' Wsigning you are agreeing to the attached'I arms andC li ey are written and approve Embassy to perform the estimated duties/tasks for the price quoted above EXHIBIT B R-2016-007 RESOLUTION NO. R-2016-007 A RESOLUTION EXTENDING THE CITY MOWING AND GROUNDS KEEPING CONTRACT AND AGREEMENT FOR 2016 BETWEEN THE CITY AND EMBASSY LANDSCAPE GROUP IN AN AMOUNT NOT TO EXCEED $52,980.00 WHEREAS, pursuant to Resolution R-2015-009 (attached hereto as Exhibit A), the City approved a contract with Embassy Landscape Group for mowing and grounds keeping in an amount not to exceed $45,614.00 for the City of Riverside; and WHEREAS, pursuant to Resolution R-2015-020 (attached hereto as Exhibit A), the City authorized through Change Order No. 1 to the agreement for addition mowing and grounds keeping services in an amount not to exceed $6,327.00; and WHEREAS, such contract agreement provides for the ability to extend such contract for three (3) additional one (1) year periods, and upon both parties agreement, an annual 2% increase may be applied for fuel costs; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to extend such contract agreement for 2016 as set forth herein, authorizing and approving the extension of the contract with Embassy Landscape Group in an amount not to exceed $52,980.00 for the mowing and landscaping project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the contract between the City and Embassy Landscape Group for the mowing and grounds keeping of the City grounds dated March 3, 2015 and the Change Order No. 1 dated May 5, 2015 are hereby extended for 2016 at a revised annual amount not to exceed $52,980.00 is hereby accepted and approved; and FURTHER THAT the Board of Aldermen hereby'approves the renewal agreement, attached hereto in its substantial form, and authorizes the Mayor to sign on behalf of the City; and FURTHER THAT the Mayor, City Administrator and other appropriate City officials are hereby authorized to execute all documents necessary to carry out the terms and conditions to comply with the intent of this Resolution 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 day of March, 20�LRos 16. 4a&yor Kathleen e AT T: � a City Clerk CONTRACT NO. RSMP2016 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR THIS AGREEMENT is made and entered into this � day of q/) c)4/6 , by and between the City of Riverside, Missouri, ("City") and Embassy Landscape Group ("Contractor"). City and Contractor agree as follows: 1. Contractor shall provide and pay for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A(Scope of Work)to this Agreement(the"Work") in compliance with all provisions of this Agreement. 2. Contractor shal I start all the Work not later than; April 1, 2016 Contractor shall complete all the work not later than; November 15,2016 3. Provided Contractor performs all the Work in accordance with this Agreement and complies with all obligations of Contractor under this Agreement, City shall pay Contractor monthly. This amount includes all costs of mowing project services performed for the month. Contractor shall submit a detailed invoice describing services performed at each area prior to receiving payment. 4. Subject to budget appropriations,the contract term may be extended from the a warded Date two additional one year periods upon the same terms contained in the original contract provided the parties mutually agree to such extension(s), furthermore upon parties agreement, a 2% increase can be applied for fuel costs. If extended for 2017 and 2018, the City of Riverside may adjust starting and completion dates and add additional or decrease mowing, as it deems necessary. 5. Contractor shall comply with all federal, state, local, and other governmental laws, ordinances, rules, regulations, orders, and the like applicable to the Work. Contractor shall secure all permits from public and private sources necessary for performance of the Work. 6. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent injury, damage,or loss to (a) employees and other persons at the site of the Work or who may be affected by the Work, (b) material and equipment stored at on-site or off-site locations for use in performance of the Work, and (c) other property at the site or in its vicinity, such as trees, shrubs, lawns, walks, pavements,roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of performance of the Work. Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from injury, damage, or loss. 7. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. Contractor shall at all times during performance of the Work keep the site of the Work and all adjacent areas clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its equipment, tools, machinery, waste, and surplus material. Contractor shall make provisions to minimize and confine dust and debris resulting from performance of the Work. 8. Only material and equipment that are to be used directly in the Work shall be brought to and stored at the site of the Work. After equipment is no longer required for the Work, it shall be promptly removed from the site of the Work. Protection of material and equipment from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. 9. A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMMERCIAL GENERAL LIABILITY — Contractor shall provide coverage for Contractor, City , its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or injury to, or death of any person or persons relate&to or arising out of the Work. Such coverage shall have not less than the following limits: (1) Each Occurrence ........................... $1,000,000.00 (2) General aggregate ........................... $2,000,000.00 (3) Products/completed operations aggregate $2,000,000.00 (4) The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY — Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non- owned autos. The coverage shall have not less than a combined single limit of$1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY — This insurance shall protect the Contractor against all claims under applicable state workers' compensation laws. The Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: (1) Workers' Compensation Statutory (2) Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named Insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a"All Risk"or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or material. This insurance shall, without limitation, insure portions of the Work stored on or off the site of the Work or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph B, except such rights as they may have to the proceeds of the insurance. C. All insurance shall be written by an insurer or insurers acceptable to City. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under this Agreement. Each policy providing general liability or automobile liability coverage shall, in form satisfactory to City, (a) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and(b)provide that it is primary to any other insurance maintained by any additional insured,which other insurance shall be excess or contingent. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and expressly providing no less than seven days prior written notice to City in the event of cancellation, expiration, nonrenewal, alteration, or reduction(including but not limited to reduction by paid claims)of coverage or limits evidenced by the certificate. The certificate or certificates shall be delivered to City not less than 24 hours before Contractor performs any of the Work. 10. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property,but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in party by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this paragraph 10. In claims against any person or entity indemnified under this paragraph 10 by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation under this paragraph 10 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefits acts,or other employee benefit acts.. 11. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract,or purchase order shall not relieve Contractor from any obligation under this Agreement,nor shall it create any obligation from City to any assignee,subcontractor, or vendor. CONTRACT NO. RSMP2016 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF RIVERSIDE i ? . BY � -e� Mayor STTESTED: CITY CP2]M , [CONTRACTOR] By: /X�, � gFature) Printed NaJew J (q/c S ✓a Title: ACCatin.9 �EN✓A6G2 6105 NW River Park Dr. 14 V. Riverside,Missouri 64150 Ph: 616-436-4194 2016 Grounds Maintenance Agreement Billina Information Project Information To: City of Riverside,Missouri Property: City of Riverside,Missouri Address: 2950 NW Vivion Rd Address: 2950 NW Vvlon Rd Attn:Accounts Payable Riverside,MO 64150 Riverside,MO 64150 TERMS: Beginning: March 1.2016 Ending: December 31,2016 Base Contract Amount: €46.526.00 Monthly Irrigation Repair Allotment: $ BillingPer Occurrence: Initial Options: Monthly: No.of Months 10 X $4,652.60 per month Agent of: Embassy Landscape Group, Inc. Agent of: City r�ofRiverside, Mri issou By Jeff Gilsinn By JD7K QO.nAA-0,It Primed Oenl Name Title Title Signature Signature / Date 3/4/2016 Date 3- 1-7 -J& Dale: March 04,2016 • \. I -� \ • �, ; 1 Embassy Rep. Jeff Gilsinn Client: City of Riverside,Missouri Grounds Maintenance (Attachment A) - City of Riverside, Missouri Description of Services Frequency Cort per Oce. Annual Cost Turf Maintenance Spring Cleanup(leaves) 1 $1,250.00 $1,250.00 Mow High Profile Turf 30 $925.00 $27,750.00 Fall Cleanup(leaves) 1 $1,375.00 $1,375.00 Chemicals Program Turf Application Rd#1 1 $1,525.00 $1,525.00 Turf Application Rd#2 1 $2,075.00 $2,075.00 Turf Application Rd#3w/Grub 1 $1,650.00 $1,650.00 Turf Application Rd#4 1 $1,825.00 $1,825.00 Turf Application Rd#6 1 $1,426.00 $1,426.00 Tree and Shrub Application Rd#2 1 $475.00 $475.00 Tree and Shrub Application Rd#3 1 $475.00 $475.00 Pre-emergent application in Beds 2 $1,050.00 $2,100.00 Detail Services Shrub Pruning-Spring 1 $550.00 $550.00 Shrub Pruning-Summer 1 $550.00 $550.00 Perennial Maintenance(Spnng cutback) 1 $550.00 $550.00 Perennial Maintenance(Seasonal deadheading) 1 $550.00 $550.00 Bed Maintenance(weeds) 15 $160.00 $2.400.00 Optional Services Annual Maintenance Price $46,626.00 Client Signature Embassy Representative Signature By signing you are agreeing to the attached"Terms and Conditions"as they are written and approve Embassy to perform the estimated duties/tasks for the price quoted above. 6105 NW River Park Dr. Riverside,Missouri 64150 Ph: 816-436-4194 2016 Grounds Maintenance Agreement Billing Information Protect Information To: City of Riverside,Missouri Property: Horizon's Obelisk-Jeff Taylor Memorial Parkway Address: 2950 NW Vivion Rd Address: Horizons Parkway Attn:Accounts Payable Riverside,MO 64150 Riverside,MO 64150 TERMS: Beginning: March 1. 2016 Ending: December 31,2016 Base Contract Amount: $6,464.00 Monthly Irrigation Repair Allotment: $ Billing Per Occurrence: Initial Options: Monthly: No. of Months 10 X $645.40 per month INTENT OF AGREEMENT It is our intent that the property's landscape has the best possible appearance. We have set as our standard of comparison to all the top maintained properties in the Kansas City area. The physical health of the landscape is to be maintained at the highest standards. It is understood that time is required to achieve the this. A reasonable time should be allotted to reach the standard.It is absolutely essential that all aspects of our lawn management program be completed in order to achieve the highest level of excellence requested by the property owners. Standards•Maintain contact with Management Company or Owner to receive comments,feedback,and supervision. Be available for discussion and suggestions on landscaper's performance.•Provide technical and professional advice to the property on any existing or potential landscaping problems. •Perform all its services in such a manner to provide minimum inconvenience to staff and customers on property. Observe working hours that will not begin before 7:00am or end after 7:00pm.•Provide adequate supervision of landscaper's employees while on property to insure complete and satisfactory performance. Landscaper will provide liability insurance certificate upon request. Property Owner shall pay the Landscaper promptly for prior month's work not to exceed 30 days from the date of invoice.Either Party may elect to terminate or alter this contract with(30)days written notice for any reason.Upon termination the Property owner is responsible for payment of all services rendered prior to the termination date.If monthly payment plan is in place,the landscaper shall provide an accounting of services and materials provided and will refund any sums that were paid in advance for services not performed.Should any legal action be necessary the prevailing party shall be entitled to recover all legal and court costs. With the effects of the rising costs of fuel and petroleum related materials there is a potential of increase in the cost of fuel. We are making every attempt to absorb these increases,but are reserving the right for a petroleum cost adjustment should it be deemed necessary. The cost adjustment would increase or decrease quarterly based on the national average price for regular gasoline as determined by The Energy Information Administration's official energy statistics from the U.S.Government. As always,we appreciate your understanding and consideration of this potential cost adjustment. Guest Worker Clause-Embassy operates in compliance with the Federally mandated labor rates for its Guest worker program. Embassy reserves the right to pass on any rate increases should the government increase them during the terms of this contract. Severability-Should any pan of this contract be illegal or unenforceable,the rest of the contract shall remain in force. ACCEPTANCE OF AGREEMENT: The prices,specifications,and conditions are satisfactory and are hereby accepted;Embassy Landscape Group,Inc. is authorized to do the above maintenance work as specified in the Attachment A.Payment will be made according to terms outlined above. Agent of: Embassy Landscape Group Inc. Agent of: City of Riverside.Missouri By Jeff Gilsmn By /Or'1'1 �JOOC1e,[e j I PnMed Client Nae` Title Title �tti�ct.li e kJOk,KS�tf QC�B!' c Signature Signature/ Date 3/4/2016 Date .-/7-1(.p Date: March 04,2016 Embassy Rep. Jeff Gilsinn Client: City of Riverside,Missouri Grounds Maintenance (Attachment A) - Horizon's Obelisk-Jeff Taylor Memorial Parkway Description of Services Frequency con perocc. Annual coat Turf Maintenance Mow High Profile Turf 28 $175.00 $4,900.00 Horticultural Services Turf Application Rd#2 1 $430.00 $430.00 Turf Application Rd#3 w/Grub 1 $375.00 $375.00 Turf Application Rd#4 1 $424.00 $424.00 Turf Application Rd#6 1 $325.00 $325.00 Optional Services Annual Maintenance Price $6,454.00 Client Signature Embassy Representative Signature By signing you are agreeing to the attached"Terms and Conditions"as they are written and approve Embassy to perform the estimated duties/tasks for the price quoted above.