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HomeMy WebLinkAbout1826 Extending Services Agreement with Damon Pursell Construction Bill No. 2022-003 Ordinance No. 1826 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO EXTEND THE SERVICES AGREEMENT WITH DAMON PURSELL CONSTRUCTION COMPANY IN RIVERSIDE MISSOURI WHEREAS, the City of Riverside and Damon Pursell have previously entered into separate agreement pursuant to Ordinance No. 2009-165, establishing the riverside Brush and Yard Waste Recycling Program at the Service Provider's recycling facility located at 6305 NW Riverpark Dr., Riverside, Missouri ("Facility"); and WHEREAS, the City of Riverside established a service agreement pursuant to Ordinance No. 1480 to locate a solid waste dumpster at the Facility so that City residents may dispose of bulky solid waste items (solid waste and Brush/yard waste disposal referred to herein as "services") and then extending said service agreement pursuant to Ordinance No. 1561; and WHEREAS, Service Provider desires to provide continued Services for the City of Riverside: and WHEREAS, the City determines that the Services contribute to the health, safety, and welfare of the City, as well as the economic and social potential of the City and its residents, and that the expenditure of funds to assist in providing the Services is for a public purpose and approving the extension of the amended service agreement. NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF ALDERMEN OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The City of Riverside and Damon Pursell Construction Company agree upon the mutual covenants and agreements with an effective date of November 1, 2022, as set forth in the Service Agreement attached hereto in its substantial form, is hereby authorized and approved; Section 2. The Mayor or City Administrator are authorized and directed to execute the Damon Pursell Construction Company/City of Riverside Services Agreement, together with any and all documents necessary or incidental to the performance thereof, and the City Clerk is authorized to attest to the same; Section 3. The city staff is authorized and directed to perform all acts necessary or desirable to effectuate the intent of this Ordinance. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the 1st day of February 2022. Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk SERVICE AGREEMENT THIS SERVICE AGREEMENT is entered into by and between the City of Riverside, Missouri ("City") and Damon Purse11 Construction Co., 6305 NW Riverpark Dr., Riverside, Missouri 64150 ("Service Provider"). WHEREAS, pursuant to Ordinance No. 2009-165, the City established the Riverside Brush and Yard Waste Recycling Program in which City residents may recycle brush and yard waste at the Service Provider's recycling facility located at 6305 NW Riverpark Dr., Riverside, Missouri ("Facility"); and WHEREAS, the City established an amended service agreement pursuant to Ordinance No. 1480 to locate a solid waste dumpster at the Facility so that City residents may dispose of bulky solid waste items (solid waste and brush/yard waste disposal referred to herein as "Services")and then extending said service agreement pursuant to Ordinance No. 1561; and WHEREAS, Service Provider desires to provide the Services for the City of Riverside; and WHEREAS, the City determines that the Services contribute to the health, safety, and welfare of the City, as well as the economic and social potential of the City and its residents, and that the expenditure of funds to assist in providing the Services is for a public purpose. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein,the parties agree to the following: 1. The Service Provider shall provide solid waste and brush/yard waste recycling drop off collection support services to the City. 2. The City shall provide and pay for dumpster services provided through the current City solid waste contract as needed. The City shall pay a management fee to the Service provider of $20,600.00 annually, payable in one payment. Contractor shall submit an invoice for payment with the contract amount at the time of the contract renewal annual start date. 3. The Service Provider shall manage solid waste and brush/yard waste recycling drop off activities at the Facility. 4. The term of this extension to the service agreement shall begin on the effective date of November 1, 2022, and end on October 31, 2023. This Agreement shall automatically renew for up to four (4) additional one (1) year terms (Nov. 1, 2023, 2024, 2025, and 2026), under the same conditions of this Service Agreement, or if such annual appropriation for this agreement is not passed by the Board of Aldermen in its annual operating budget. This service agreement is the first renewal for Nov. 1, 2022, through October 31, 2023. 5. The Service Provider shall provide sufficient on-site staff to perform the following: 1 a. Require persons seeking to drop off bulky solid waste or to recycle yard waste,to show proof of City residence; b. Ensure that the Facility is open Monday through Friday, from 7:30 a.m. to 3:30 p.m., excluding winter weather permitting and holidays; c. Use reasonable efforts in monitoring usage to prevent the disposal of household hazardous waste (as listed in Exhibit A) and providing information to such persons regarding the Mid-America Regional Council's Household Hazardous Waste disposal program. d. Collect the following usage data: the number of persons using brush/yard waste disposal by day of week; the number of persons using bulky solid waste disposal by day of week; load category and confirmation of person's proof of City of Riverside residency. 6. The Service Provider agrees to comply with, and provide any necessary affidavits under, Section 285.530, RSMo to confirm that it will not knowingly employ any person who is an unauthorized alien. 7. During the term of this Agreement, the Service Provider shall maintain commercial liability insurance, to protect against any liability arising out of the performance of the Service Provider's obligations under this Agreement. Such insurance shall be in amounts at least equal to the limits of liability of $1,000,000 each occurrence, $2,000,000 aggregate, and the City shall be named as an additional named insured on all such policies. The Service Provider shall also maintain such Worker's Compensation insurance as is required by Missouri law. 8. The parties agree that Service Provider is an independent contractor, with full authority and control within the constraints of this Agreement to manage and operate the Facility. The Service Provider shall defend, indemnify and hold harmless the City from any and all liability, and all liability and claims, including reasonable attorneys' fees, arising out of or in any way connected with the negligent or willful misconduct performance by the Service Provider, its employees or agents of Service Provider's obligations under this Agreement. 9. This Agreement is the sole agreement between the parties concerning the Services. 10. This Agreement may only be amended by an agreement in writing signed by each party. 11. This Agreement is not assignable. 12. This Agreement is for the sole benefit of the parties, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 13. Nothing in this Agreement shall constitute or be construed as a waiver of the City's sovereign immunity. 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last executed by the parties below. City of Riverside, Missouri: Mayor Kathleen L. Rose Dated: ATTEST: City Clerk Robin Kincaid Damon Pursell Construction Co.: By: Vice President Dennis O'Brien Dated: 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last executed by the parties below. City of Riverside,Missouri: Mayor Kathleen L.Rose Dated: Feb. 1, 2022 ATTTEST: City Clerk Robin Kincaid Damon Pursell Construction Co.:. By: Dennis O'Brien (signature) Vice President Dennis O'Brien Dated: 2/8/22 3 Exhibit A Household Hazardous Waste List Common HHW products that can be taken to a MARC HHW collection facility: • Acids • Lead • Adhesives and glues • Lighter fluid • Aerosol cans(hairspray, oven cleaner, • Lubricating oils etc.) • Mercury • Ammonia • Mothballs • Antifreeze • Motor oil • Art and hobby paints • Organic solvents • Asphalt and roofing tar • Oven cleaner • Batteries, household, dry cell or lead • Paint: solvent-or water-based acid • Paint strippers: alkaline-, solvent- or • Bleach water-based • Brake fluid • Pesticides • Capacitors • Pet spray and dip • Caulk • Photographic chemicals • Car wax and cleaners • Rat and mouse poison • Charcoal lighter fluid • Septic tank cleaners • CFCs and HCFCs • Shoe polish • Disinfectants • Spot removers • Drain opener • Swimming pool and spa chemicals • Fabric dyes • Toilet bowl cleaner • Fertilizer • Transmission fluid • Fingernail polish and remover • Tub and tile cleaner • Flea collars • Unknown substances • Fluorescent lights • Varnish • Furniture polish and wax • Windshield wiper fluid • Gas cylinders (up to 5 lbs.) • Wood preservatives • Gasoline • Wood stain • Insecticide and insect repellant • Kerosene and fuel oils 4 Exhibit B WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530,RSMo STATE OF MISSOURI ) ) ss. COUNTY OF Platte ) 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 Dennis O'Brien, who, being duly sworn,states on his oath or affirmation as follows: 1.My name is Dennis O'Brien and I am currently the Vice-President of Damon Pursell Construction Co. (hereinafter "Contractor"), whose business address is 9001 Hickman Mills Dr., KCMO. 64132, 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 Service Agreement. 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services as set forth above, Dennis P. O'Brien Affiant Printed Name Subscribed and sworn to before me this 8th day of February, 2022. PAMELA K.JOHNSON Notary Public Notary Public-Notary.Seal State of Missouri Commissioned for Clay County 5 My Commission Expires:April 26,2024 Commission Number:16834494 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hays Companies, Inc. NAME 1200 Main Street, Suite #2310 PHONE (816) 474-3535 FAX 816-942-5795 Kansas City MO 64105 (A/C.No.Ext): (A/C, No): E-MAIL ADDRESS: dyoung@hayscompanies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company INSURED INSURER B: Damon Pursell Construction Co INSURER C: dba RockRidge Quarry INSURER D: 9001 Hickman Mills Dr INSURER E: Kansas City MO 64132 INSURER F: COVERAGES CERTIFICATE NUMBER:RQW WC 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL'SUBR POLICY OFF POLICY EXP LTR !NM) YYVD{ POLICY NUMBER IMMIDDIYYYY) (MMIODIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Each occurrence) $ C MED EXP(Any one person) $ PERSONAL &AOV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y/N x STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $1,000,000 A (Mandatory In NH) WC 312173 3/1/2021 3/1/2022 E.L. DISEASE-POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Riverside THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2950 NW Vivion Road ACCORDANCE WITH THE POLICY PROVISIONS. Riverside, MO 64150 AUTHORIZED REPRESENTATIVE James Hays/DYOUNG 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(za14o1) RIVERSIDE CITY OF RIVERSIDE BUSINESS LICENSE EXPIRATION DATE 12/31/2022 DATE ISSUED LICENSE NUMBER 1/01/2022 0267 6301 NW RIVERPARK DRIVE LICENSE FOR LOCATION OF BUSINESS CONTRACTOR This license is to be displayed conspicuously at the location of business, and is not transferable or assignable. FEE CLASS $48.00 CONSTRUCTION THIS LICENSE IS ISSUED PURSUANT TO THE MICHAEL PURSELL PROVISIONS OF THE CITY CODE OF THE CITY DAMON PURSELL CONSTRUCTION OF RIVERSIDE AND AMENDMENTS THERETO. 300 N CHURCH RD LIBERTY MO 64068 Kathleen L. Rose, Mayor Robin Kincaid, Clerk Damon Pursell Construction Co. 9001 Hickman Mills Drive Kansas City, MO 64132 816 730-2050 Invoice 14538 RECEIVED JAN 14 2022 Bill to: CITY OF RIVERSIDE, MO CITY HALL 2950 NW VIVION ROAD RIVERSIDE, MO 64150 Job: Invoice #: 14538 Date: 12/31/21 Customer P.O. #: MANAGEMENT FEE Payment Terms: NET 30 DAYS Salesperson: Customer Code: RIV001 Remarks: MANAGEMENT FEE FOR DISPOSAL SERVICE AT 6305 NW RIVERPARK DR Quantity Description U/M Unit Price Extension BILL NO. 2017-060, ORDINANCE NO. 1561 1.000 MANAGEMENT FEE 11/21 TO 10/22 YR 20,600.000 20,600.00 Total: 20,600.00 Current Due: 20,600.00 Tom Woodell 10-331-000-26000 Print Date: 01/12/22 Page: 1 CITY OF RIVERSIDE MISSOURI 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: January 27, 2022 AGENDA DATE: February 1, 2022 TO: The Mayor and the Board of Aldermen FROM: Tom Wooddell RE: Extension of Residential Dumpster Service BACKGROUND: The residential dumpster service and operations at Pursell's recycle facility was first presented at the 2016-2017 budget meeting and renewal at the 2017-2018 budget with four (4) one-year extensions. Residential dumpster services and operations will be performed by Pursell. This ordinance is extending the agreement for additional five one- year extensions as specified in the agreement. Budgetary Impact: The 2021-2022 budget included $20,600.00 for annual residential dumpster services and operations provided and performed by the Pursell recycle facility. REVIEWED BY AND RECOMMENDATION: Staff recommends continuing the dumpster, services and operations at the Pursell Recycle Center located at 6305 NW Riverpark Dr., Riverside, MO.