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Home My WebLink AboutR-2024-003 Resolution for the Third Year Renewal of the 2021 City Landscape Project and Approving the Agreement Between the City and Embassy Landscape GroupRESOLUTION NO. R-2024 - 003 A RESOLUTION FOR THE THIRD YEAR RENEWAL OF THE 2021 CITY LANDSCAPE PROJECT AND APPROVING THE AGREEMENT BETWEEN THE CITY AND EMBASSY LANDSCAPE GROUP, INC. FOR SUCH PROJECT WHEREAS, the bid of Embassy Landscape Group, Inc. for the 2021 City Landscape Project was awarded by Resolution 2021-039 on May 4th, 2021; and WHEREAS, the 2021 City Landscape Project allowed for renewal for "up to 3 additional 1-year periods upon mutual terms and agreement of the parties."; and WHEREAS, the first renewal was approved by Resolution 2022-034 on May 3, 2022, the second renewal was approved by Resolution 2023-026 on March 7, 2023: and WHEREAS, the City and Embassy Landscape Group, Inc. have agreed upon the terms of the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS THAT the City of Riverside agrees to an annual renewal of the 2021 City Landscape Project; and FURTHER THAT the agreement between the City and Embassy Landscape Group, Inc., in substantially the same form as attached hereto and incorporated herein by reference, is hereby approved, and the Mayor is authorized to sign such agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, Public Works Director, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen the 16' day of January 2024. 7 ) Kat teen L. Rose, May r ATTEST: l / Robin. Kincaid, dity Clerk PROJECT MANUAL 2021 CITY LANDSCAPE PROJECT PROJECT NO: 410-021 **Is[ year renewal: 2022 Landscape Maintenance **2nd year renewal: 2023 Landscape Maintenance **3rd year renewal: 2024 Landscape Maintenance "1'he City of Riverside, Missouri ,January 16, 2024 TABLE OF CONTENTS DIVISION 0 -CONTRACT DOCUMENTS PRICING EXPERIENCE QUESTIONAIRE AFFIDA VIT lbr WORK A UTHORIZATION AGREEMENT EXHIBIT A TIME FOR COMPLETION SCOPE OF WORK EXHIBIT B EXHIBIT C TECHNICAL SPECIFICATIONS EXHIBIT D NOTICE TO PROCEED EXHIBIT E EXAMPLE - CHANGE ORDER FORM SPECIFICATIONS nlVNION 1 - GF.NE.RAL RFOUIRFMF.NTS Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01060 STANDARD SPECIFICATIONS AND PLANS 01310 JOB SITE ADMINISTRATION 01320 WORK SCHEDULE 01330 SUBMITTALS 01524 IWASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01570 EMPORARY TRAFFIC CONTROL Division 2 — Site Work Section Dgscrintion 02350 MULCH 02820 TRASH AND LITTER REMOVAL 02830 PRUNING / DEADHEADING 02840 PESTICIDE TREATMENTS 02850 WEEDING 02860 SHRUB FERTILIZATION DIVISION 0 - CONTRACT DOCUMENTS 2021 CITY LANDSCAPE PROJECT (Project No. 410-021) **3rd year renewal: 2024 Landscape Maintenance Original project manual for the 2021 City Landscape Project still applies. The below items are included here for ease of reference. 9. Time of Completion. Contractor must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete all maintenance activities by] 1 /30/2021. This original bid was for 2021. However, the maintenance contract may be renewed.for up to 3 additional 1-year periods upon mutual terms and agreement of the parties, 13. Oblieation of Contractor. Contractor has inspected the sites and is thoroughly familiar with the Contract Documents. The failure or omission of the Contractor to examine any form, instrument, or document shall in no way relieve Contractor from any obligation. 14. Federal Work Authorization I'roeram Participation. Contractors are informed that pursuant to Section 285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection to the contracted services. The affidavit shall further provide that the Contractor does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 15. Proof of Lawful Presence, RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States. Affirmative proof can be established through a Valid Driver's License; US Birth Certificate (certified with an embossed, stamped or raised seal issued by a state or local government — hospital certificates are not acceptable), - US Passport (valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a state or local government. 16. Safety Standards and Accident Prevention. With respect to all work performed under this contract, the Contractor shall: a. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. b. Maintain at a well known place at the job site, all articles necessary for giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. 17. American Products. Pursuant to RSMo 34.353, any manufactured good or commodities used or supplied in the performance of the contract (or subcontract) shall be manufactured or produced in the United States, unless determined to be exempt as provided in state law. 18. Transient Emnlovers. Pursuant to RSMo 285.230, every transient employer (employer not domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2) Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be liable for a penalty of $500.00 per day until such notices required by RSMo 285.230 et seq. are posted. 19. Current Cits Business License. The Contractor, and all subcontractors, shall obtain a current city business license prior to beginning work. 20. Sales Tax Exemption Certificate. The City will supply the Contractor with a Project Exemption Certificate for use in purchasing plant materials for the project. Contractor Pricing omits from its computed costs all sales and use taxes related to the purchase of materials incorporated into or consumed in the work of the Project. 21. ion Ihscrimination and Voual Oppurtunit�. Contractor shall ensure that all employees are treated equally without regard to their race, color, religion, sex, age, handicap or national origin. The City of Riverside is an equal opportunity employer. PRICING 2021 CITY I.A N URCAPE PROJECT (Pruject Nu. 410-021) **3rd year renewal: 2024 Landscape Maintenance Pricing sheets follow on pages 7-22 6105 NW River Park Dr. Riverside, Missouri 64150 LANDSCAPE GROUP INC Ph: 816-436-4194 2024 Grounds Maintenance Agreement Billing Information Project Information Tom Wooddell 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: April 1, 2024 Ending: November 30, 2024 Base Contract Amount: $6,541.00 Monthly Irrigation Repair Allotment: Per Occurrence: Initial Billing Options: Monthly: No. of Months 8 X $817.63 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 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 William Gentry By City of Riverside, Missouri Title Account Manager Signature (ra� Date 12/4/2023 Printed Client Name �- Title Signature Date Date: December 04, 2023 Jldd`r ARIV911iA" LANDSCAPE GROUP, INC Grounds Maintenance (Attachment A) - City of Riverside, Missouri Embassy Rep. William Gentry Client: City of Riverside, Missouri Description of Services Frequency Cost per Occ. Annual Cost Turf Maintenance Spring Cleanup (Leaves) 1 $675 00 $675.00 Mow High Profile Turf $0 00 $0 00 Mow Semi - Improved Turf $0 00 $0 00 Fall Cleanup (Leaves) $0 00 $0.00 Chemical Application Program Turf Application Rd #1 $0.00 $0 00 Turf Application Rd #2 $0.00 $0.00 Turf Application Rd #3 w/ Grub $0 00 $0.00 Turf Application Rd 94 $0 00 $0.00 Turf Application Rd #5 $0 00 $0.00 Turf Application Rd #6 $0.00 $0.00 Tree and Shrub Application Rd #2 $0.00 $0.00 Tree and Shrub Application Rd #3 1 $159.00 $159.00 Shrub Fertilization 1 $244.00 $244.00 Deep Ruut Feed Tiede $0.00 $0.00 Pre -Emergent Application in Beds 1 $390.00 $390.00 Mulch Installation Mulch Around Tree Rings $0.00 $0.00 Mulch Plant Beds 1 $1.672.00 $1,672.00 Spade Edging of Mulch Beds (Hand) 1 $354.00 $354.00 Spade Edging of Tree Rings $0,00 $0.00 Irrigation Management Irrigation System Start Up $0.00 $0.00 Irrigation System Check $0.00 $0.00 Irrigation System Winterization $0.00 $0.00 Seasonal Color Installation of Spring Annuals $0.00 $0 00 Installation of Summer Annuals $0.00 $0.00 Installation of Fall Annuals $0.00 $0.00 Installation of Bulbs for Spring Bloom $0.00 $0 00 Installation of Spring Annuals (Pots) $0.00 $0.00 Installation of Summer Annuals (Pots) $0.00 $0.00 Installation of Fall Annuals (Pots) $0.00 $0.00 Color bed Maintenance (Weeding, Fertilizing) $0.00 $0.00 Horticulture Care Shrub Pruning - Dormant $0.00 $0.00 Shrub Pruning - Spring $0.00 $0.00 Shrub Pruning - Summer 1 $451.00 $451.00 Shrub Pruning - Fall 1 $451.00 $451.00 Tree Trimming (less than 12') $0.00 $0.00 Perennial Maintenance (Spring Cutback) 1 $52.00 $52.00 Perennial Maintenance (Seasonal Deadheading) 1 $365 00 $365.00 Hard Surface Weed Sterilant $0.00 $0.00 Bed Maintenance (Weeds) 18 $96 00 $1,728.00 Overseed with Tall Fescue 4 Ibs/ 1000 SF $0.00 $0.00 Turf Aeration $0 00 $0.00 Optional Services Annual Maintenance Price $6,541.00 Embassy Representative Signature Client Signature By signing you are agreeing to the attached "Terms and Conditions" as they arc iirilien and approve Embassy to perform the estimated duties/tasks for the price quoted above. NW River Park Dr. 16105 lkss)" Riverside, Missouri 64150 1lA13 1!_� LANDSCAPE GROUP INC Ph: 816-436-4194 2024 Grounds Maintenance Agreement Billing Information Project Information Tom Wooddell TO City of Riverside, Missouri Property: Welcome Center p y� Address: 2950 NW Vivion Rd Address: 2800 NW Vivian Road Attn: Accounts Payable Riverside, MO 64150 Riverside, MO 64150 TERMS: Beginning: April 1.2024 Ending: November 30, 2024 Base Contract Amount: $3,128.00 Monthly Irrigation Repair Allotment: $ Billing Per Occurrence: Initial Options: Monthly: No of Months 8 X $391.00 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 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 William Gentry By City of Riverside, Missouri Title Account Manager Signature Date 12/4/2023 Title Pnnted Client Name toKS/.�c9_ Signature Date /'-)If, _�:)1).) L Date: December 04, 2023 IIVNSA' Embassy Rep. William Gentry LANDSCAPE GROUP. INC Client: City of Riverside, Missouri Grounds Maintenance (Attachment A) - Welcome Center Description of Services Frequency Cost per Occ. Annual Cost Tun` Maintenance Spring Cleanup (Leaves) 1 $260.00 $260 00 Mow High Profile Turf $0 00 $0.00 Mow Semi - Improved Turf $0.00 $0 00 Fall Cleanup (Leaves) $0 00 $0.00 Chemical Application Program Turf Application Rd #1 $0.00 $0 00 Turf Application Rd #2 $0.00 $0.00 Turf Application Rd #3 w/ Grub $0.00 $0.00 Turf Application Rd #4 $0.00 $0 00 Turf Application Rd #5 $0.00 $0.00 Turf Application Rd #6 $0.00 $0.00 Tree and Shrub Application Rd #2 $0.00 $0 00 Tree and Shrub Application Rd #3 1 $139.00 $139 00 Shrub Fertilization 1 $114.00 $114 00 Deep Root Feed Tiees $0.00 $0 00 Pre -Emergent Application in Beds 1 $180.00 $180 00 Mulch Installation Mulch Around Tree Rings $0 00 $0 00 Mulch Plant Beds 1 $915.00 $915.00 Spade Edging of Mulch Beds (Hand) 1 $200.00 $200.00 Spade Edging of Tree Rings $0.00 $0.00 Irrigation Management Irrigation System Start Up $0 00 $0 00 Irrigation System Check $0.00 $0 00 Irrigation System Winterization $0.00 $0.00 Seasonal Color Installation of Spring Annuals $0.00 $0.00 Installation of Summer Annuals $0.00 $0.00 Installation of Fall Annuals $0 00 $0,00 Installation of Bulbs for Spring Bloom $0 00 $0.00 Installation of Spring Annuals (Pots) $0.00 $0.00 Installation of Summer Annuals (Pots) $0.00 $0.00 Installation of Fall Annuals (Pots) $0 00 $0.00 Color bed Maintenance (Weeding, Fertilizing) $0.00 $0 00 Horticulture Care Shrub Pruning - Dormant $0 00 $0 00 Shrub Pruning - Spring $0 00 $0.00 Shrub Pruning - Summer $165.00 $165 00 Shrub Pruning - Fall $165 00 $165 00 Tree Trimming (less than 12') $0.00 $0 00 Perennial Maintenance (Spring Cutback) $0.00 $0.00 Perennial Maintenance (Seasonal Deadheading) $0.00 $0 00 Hard Surface Weed Sterilant $0 00 $0 00 Bed Maintenance (Weeds) 18 $55.00 $990.00 Overseed with Tall Fescue 4 Ibs/ 1000 SF $0.00 $0 00 Turf Aeration $0.00 $000 Optional Services Annual Maintenance Price $3,128.00 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. Client Signature 6105 NW River Park Dr. J144 1l �(�� Riverside, Missouri 64150 LANDSCAPE GROUP, INC Ph: 816-436-4194 2024 Grounds Maintenance Agreement Billing Information Project Information To Tom Wooddell City of Riverside, Missouri Property: Waterfall Park Address: 2950 NW Vivian Rd Address: 1920 NW Platte Rd Attn: Accounts Payable Riverside, MO 64150 Riverside, MO 64150 TERMS: Beginning: April 1, 2024 Ending: November 30, 2024 Base Contract Amount: $1,636.00 Monthly Irrigation Repair Allotment: $ Per Occurrence: Initial Billing Options: Monthly: No. of Months 8 X $204.38 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 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 William Gentry By City of Riverside, Missouri Title Account Manager Signature Date 12/4/2023 Pnnted Client Name —{- Title 7a/ , r✓ ( ©, ��< J� / ✓L f Gl 4� Signature " Date / --?ze ^..©a`J Date: December 04, 2023 Embassy Rep. William Gentry LANDSCAPE GROUP, IING Client: City of Riverside, Missouri Grounds Maintenance (Attachment A) - Waterfall Park Description of Services Frequency Cost per Occ. Annual cost Turf Maintenance Spring Cleanup (Leaves) 1 $157 00 $157.00 Mow High Profile Turf $0.00 $0.00 Mow Semi - Improved Turf $0.00 $0.00 Fall Cleanup (Leaves) $0 00 $0.00 Chemical Application Program Turf Application Rd #1 $0.00 $0.00 Turf Application Rd #2 $0.00 $0.00 Turf Application Rd #3 w/ Grub $0 00 $0.00 Turf Application Rd 94 $0 00 $0.00 Turf Application Rd #5 $0.00 $0.00 Turf Application Rd #6 $0.00 $0.00 Tree and Shrub Application Rd #2 $0.00 $0 00 Tree and Shrub Application Rd #3 $0.00 $0 00 Shrub Fertilization $0.00 $0 00 Deep hoot Feed I rees $0.00 $0 00 Pre -Emergent Application in Beds $0.00 $0.00 Mulch Installation Mulch Around Tree Rings 1 $213.00 $213 00 Mulch Plant Beds $0.00 $0.00 Spade Edging of Mulch Beds (Hand) $0 00 $0-00 Spade Edging of Tree Rings 1 $265.00 $265.00 Irrigation Management Irrigation System Start Up $0.00 $0.00 Irrigation System Check $0.00 $0.00 Irrigation System Winterization $0.00 $0.00 Seasonal Color Installation of Spring Annuals $0.00 $0.00 Installation of Summer Annuals $0.00 $0.00 Installation of Fall Annuals $0.00 $0.00 Installation of Bulbs for Spring Bloom $0.00 $0.00 Installation of Spring Annuals (Pots) $0.00 $0.00 Installation of Summer Annuals (Pots) $0.00 $0.00 Installation of Fall Annuals (Pots) $0.00 $0.00 Color bed Maintenance (Weeding, Fertilizing) $0.00 $0.00 Horticulture Care Shrub Pruning - Dormant $0.00 $0.00 Shrub Pruning - Spring $0.00 $0 00 Shrub Pruning - Summer 1 $50.00 $50.00 Shrub Pruning - Fall 1 $50.00 $50.00 Tree Trimming (less than 12') $0 00 $0.00 Perennial Maintenance (Spring Cutback) $0 00 $0.00 Perennial Maintenance (Seasonal Deadheading) $0.00 $0 00 Hard Surface Weed Sterilant $0 00 $0.00 Bed Maintenance (Weeds) 18 $50 00 $900.00 Overseed with Tall Fescue 4 Ibs/ 1000 SF $0.00 $0 00 Turf Aeration $0 00 $0 00 Optional Services Annual Maintenance Price $1,635.00 Embassy Representative Signature Client 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 2024 Grounds Maintenance Agreement Billing Information Project Information Tom Wooddell TO City of Riverside, Missouri Property: Linear Fountain Park Address: 2950 NW Vivion Rd Address: NW Platte Rd & NE hwy 69 Attn: Accounts Payable Riverside, MO 64150 Riverside, MO 64150 TERMS: Beginning: April 1.2024 Ending: November 30, 2024 Base Contract Amount: $2,805.00 Monthly Irrigation Repair Allotment: $ Billing Per Occurrence: Initial Options: Monthly: No of Months 8 X $350.63 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 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 William Gentry By City of Riverside, Missouri Title Account Manager Signature Date 12/4/2023 Pdnted Client Name /� 1 Title ��<L L l�(t✓'�S �1tir✓ LAIC'_ Signature�..�vt�' Date / —.2,6 1=� U7idA,N1aAkS_'1 LANDSCAPE GROUP I-' Date: December 04, 2023 Embassy Rep. William Gentry Client: City of Riverside, Missouri Grounds Maintenance (Attachment A) - Linear Fountain Park Description of Services Frequency Cost per Occ. Annual Cost Turf Maintenance Spring Cleanup (Leaves) 1 $138 00 $138.00 Mow High Profile Turf $0 00 $0.00 Mow Semi - Improved Turf $0 00 $0.00 Fall Cleanup (Leaves) $0 00 $0.00 Chemical Application Program Turf Application Rd #1 $0 00 $0 00 Turf Application Rd #2 $0 00 $0 00 Turf Application Rd #3 w/ Grub $0.00 $0.00 Turf Application Rd #4 $0.00 $0.00 Turf Application Rd #5 $0.00 $0.00 Turf Application Rd #6 $0.00 $0.00 Tree and Shrub Application Rd #2 $0.00 $0.00 Tree and Shrub Application Rd #3 1 $95.00 $95.00 Shrub Fertilization 1 $90.00 $90 00 Deep Root Feed Trees $0.00 $0 00 Pre -Emergent Application in Beds $94 00 $94 00 Mulch Installation Mulch Around Tree Rings t $407.00 $407 00 Mulch Plant Beds 1 $238 00 $238.00 Spade Edging of Mulch Beds (Hand) 1 $49.00 $49.00 Spade Edging of Tree Rings $649.00 $649.00 Irrigation Management Irrigation System Start Up $0 00 $0 00 Irrigation System Check $0 00 $0 00 Irrigation System Winterization $0 00 $0.00 Seasonal Color Installation of Spring Annuals $0 00 $0 00 Installation of Summer Annuals $0.00 $0 00 Installation of Fall Annuals $0 00 $0 00 Installation of Bulbs for Spring Bloom $0 00 $0 00 Installation of Spring Annuals (Pots) $0.00 $0 00 Installation of Summer Annuals (Pots) $0.00 $0 00 Installation of Fall Annuals (Pots) $0.00 $0.00 Color bed Maintenance (Weeding, Fertilizing) $0.00 $0 00 Horticulture Care Shrub Pruning - Dormant $0.00 $0.00 Shrub Pruning - Spring $0 00 $0 00 Shrub Pruning - Summer 1 $106 00 $106 00 Shrub Pruning - Fall 1 $104 00 $104 00 Tree Trimming (less than 12') $0 00 $0.00 Perennial Maintenance (Spring Cutback) $0.00 $0.00 Perennial Maintenance (Seasonal Deadheading) $25 00 $25 00 Hard Surface Weed Sterilant $0 00 $0 00 Bed Maintenance (Weeds) 18 $45.00 $810.00 Overseed with Tall Fescue 4 Ibs/ 1000 SF $0 00 $0 00 Turf Aeration $0 00 $0 00 Optional Services Annual Maintenance Price $2,805.00 Embassy Representative Signature Client 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. To: 6105 NW River Park Dr. Il�AD Il 1J \\ S11 Riverside, Missouri 64150 LANDSCAPE CROUP INC. Ph: 616-436-4194 2024 Grounds Maintenance Agreement Billing Information Project Information Tom Wooddell City of Riverside, Missouri Address 2950 NW Vivion Rd Attn: Accounts Payable Riverside, MO 64150 TERMS: Beginning: April 1.2024 Property: E.H Young Park Address: 1001 Argosy Parkway Riverside, MO 64150 Ending: Noveinber 30, 2024 Base Contract Amount 2 188.00 Monthly Irrigation Repair Allotment: $ Per Occurrence: Initial Billing Options: Monthly: No. of Months 8 X $273.50 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 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 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 William Gentry By City of Riverside, Missouri Title Account Manager Signature Date 12/4/2023 Printed Client Name Title % i �E:lLS 64im- Signature Date --�CP - (9�?,-q Date: December 04, 2023 �A4,4 �v Embassy Rep. William Gentry LANDSCAPE GROUP, INC Client: City of Riverside, Missouri Grounds Maintenance (Attachment A) - E.H Young Park Description of Services Frequency Cost per Occ. Annual Cost Turf Maintenance Spring Cleanup (Leaves) $65 00 $65.00 Mow High Profile Turf $0.00 $0.00 Mow Semi - Improved Turf $0.00 $0 00 Fall Cleanup (Leaves) $0.00 $0.00 Chemical Application Program Turf Application Rd #1 $0.00 $0 00 Turf Application Rd #2 $0.00 $0.00 Turf Application Rd #3 w/ Grub $0.00 $0 00 Turf Application Rd #4 $0.00 $0.00 Turf Application Rd #5 $0.00 $0.00 Turf Application Rd #6 $0 00 $0.00 Tree and Shrub Application Rd #2 $0 00 $0.00 Tree and Shrub Application Rd #3 1 $56.00 $56.00 Shrub Fertilization 1 $84.00 $84.00 Deep Root Feed Trees $0.00 $0.00 Pre -Emergent Application in Beds 1 $168.00 $168.00 Mulch Installation Mulch Around Tree Rings $0.00 $0.00 Mulch Plant Beds 1 $625.00 $625.00 Spade Edging of Mulch Beds (Hand) 1 $34 00 $34.00 Spade Edging of Tree Rings $0 00 $0.00 Irrigation Management Irrigation System Start Up $0.00 $0.00 Irrigation System Check $0.00 $0.00 Irrigation System Winterization $0.00 $0.00 Seasonal Color Installation of Spring Annuals $0.00 $0.00 Installation of Summer Annuals $0.00 $0.00 Installation of Fall Annuals $0.00 $0.00 Installation of Bulbs for Spring Bloom $0.00 $0.00 Installation of Spring Annuals (Pots) $0.00 $0.00 Installation of Summer Annuals (Pots) $0.00 $0.00 Installation of Fall Annuals (Pots) $0.00 $0 00 Color bed Maintenance (Weeding, Fertilizing) $0.00 $0.00 Horticulture Care Shrub Pruning - Dormant $0 00 $0.00 Shrub Pruning - Spring $0.00 $0.00 Shrub Pruning - Summer 1 $230.00 $230.00 Shrub Pruning - Fall 1 $230.00 $230.00 Tree Trimming (less than 12') $0.00 $0.00 Perennial Maintenance (Spring Cutback) $0.00 $0.00 Perennial Maintenance (Seasonal Deadheading) $66.00 $66.00 Hard Surface Weed Sterilant $0 00 $0 00 Bed Maintenance (Weeds) 18 $35 00 $630.00 Overseed with Tall Fescue 4 Ibs/ 1000 SF $0.00 $0 00 Turf Aeration $0 00 $0 00 Optional Services Annual Maintenance Price $2,188.00 Embassy Representative Signature Client 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. 11��;� �(� \� YRiverside, Missouri 64150 LANDSCAPE GROUP, INC Ph: 816-436-4194 2024 Grounds Maintenance Agreement Billing Information Project Information Tom Wooddell To Property: E.H Young Park City of Riverside, Missouri Address: 2950 NW Vivion Rd Address: 1001 Argosy Parkway Attn: Accounts Payable Riverside, MO 64150 Riverside, MO 64150 TERMS: Beginning: April 1. 2024 Ending: November 30, 2024 Base Contract Amount: $759.00 Monthly Irrigation Repair Allotment: $ Billing Per Occurrence: Initial Options: Monthly: No. of Months 8 X $94.88 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 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 William Gentry By City of Riverside, Missouri Title Account Manager Signature+-� Date 12/4/2023 Primed Client Name Title Signature —� Date 1."A I11 SIS , LANDSCAPE GROUP INC Grounds Maintenance (Attachment A) - E.H Young Park Description of Services Turf Maintenance Spring Cleanup (Leaves) Mow High Profile Turf Mow Semi - Improved Turf Fall Cleanup (Leaves) Chemical Application Program Turf Application Rd #1 Turf Application Rd #2 Turf Application Rd #3 w/ Grub Turf Application Rd 94 Turf Application Rd #5 Turf Application Rd #6 Tree and Shrub Application Rd #2 Tree and Shrub Application Rd #3 Shrub Fertilization Deep Root Feed Trees Pre -Emergent Application in Beds Mulch Installation Mulch Around Tree Rings Mulch Plant Beds Spade Edging of Mulch Beds (Hand) Spade Edging of Tree Rings Irrigation Management Irrigation System Start Up Irrigation System Check Irrigation System Winterization Seasonal Color Installation of Spring Annuals Installation of Summer Annuals Installation of Fall Annuals Installation of Bulbs for Spring Bloom Installation of Spring Annuals (Pots) Installation of Summer Annuals (Pots) Installation of Fall Annuals (Pots) Color bed Maintenance (Weeding, Fertilizing) Horticulture Care Shrub Pruning - Dormant Shrub Pruning - Spring Shrub Pruning - Summer Shrub Pruning - Fall Tree Trimming (less than 12') Perennial Maintenance (Spring Cutback) Perennial Maintenance (Seasonal Deadheading) Hard Surface Weed Sterilant Bed Maintenance (Weeds) Overseed with Tall Fescue 4 Ibs/ 1000 SF Turf Aeration Optional Services Date: December 04, 2023 Embassy Rep. VVilliam Gentry Client: City of Riverside, Missouri Frequency Cost per Occ. Annual Cost 2 18 $0.00 $0 00 $0 00 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $67.00 $o. oo $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0-00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $134.00 $0.00 $0.00 $113.00 $113.00 $38.00 $38.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0, 00 $0.00 $0.00 $0.00 $0.00 $0.00 $75.00 $75.00 $0.00 $0 00 $0.00 $0 00 $18 00 $0.00 $0.00 Annual Maintenance Price $0.00 $0.00 $0 00 $0.00 $0 00 $0.00 $0 00 $0.00 $0.00 $0 00 $0 00 $0 00 $0 00 $75.00 $75 00 $0.00 $0 00 $0 00 $0 00 $324.00 $0.00 $0.00 $759.00 Embassy Representative Signature Client 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. if AI D l[If�d�� Riverside, Missouri 64150 LANDSCAPE GROUP, INC Ph: 816-436-4194 2024 Grounds Maintenance Agreement Billing Information Project Information Tom Wooddell To City of Riverside, Missouri Property: City of Riverside, Missouri Address: 2950 NW V`ivion Rd Address: 2950 NW Vivion Rd Attn: Accounts Payable Riverside, MO 64150 Riverside, MO 64150 TERMS Beginning: April 1.2024 Ending: November 30 2024 Base Contract Amount: $1,792.00 Monthly Irrigation Repair Allotment: $ Per Occurrence: Initial Billing Options: Monthly: No. of Months 8 X $224.00 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 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: Erbassv Landscape Group, Inc. Agent of: City of Riverside, Missouri By William Gentry By City of Riverside, Missouri Title Account Manager Signature I, "o"A, Date 12/4/2023 Printed Client Name Title ` — Signature %? Date 11 A I(BAS` )" LANDSCAPE GROUP. INC Grounds Maintenance (Attachment A) - City of Riverside, Missouri Description of Services Turf Maintenance Spring Cleanup (Leaves) Mow High Profile Turf Mow Semi - Improved Turf Fall Cleanup (Leaves) Chemical Application Program Turf Application Rd #1 Turf Application Rd #2 Turf Application Rd #3 w/ Grub Turf Application Rd #4 Turf Application Rd #5 Turf Application Rd #6 Tree and Shrub Application Rd #2 Tree and Shrub Application Rd #3 Shrub Fertilization Deep Root Feed Trees Pre -Emergent Application in Beds Mulch Installation Mulch Around Tree Rings Mulch Plant Beds Spade Edging of Mulch Beds (Hand) Spade Edging of Tree Rings Irrigation Management Irrigation System Start Up Irrigation System Check Irrigation System Winterization Seasonal Color Installation of Spring Annuals Installation of Summer Annuals Installation of Fall Annuals Installation of Bulbs for Spring Bloom Installation of Spring Annuals (Pots) Installation of Summer Annuals (Pots) Installation of Fall Annuals (Pots) Color bed Maintenance (Weeding, Fertilizing) Horticulture Care Shrub Pruning - Dormant Shrub Pruning - Spring Shrub Pruning - Summer Shrub Pruning - Fall Tree Trimming (less than 12') Perennial Maintenance (Spring Cutback) Perennial Maintenance (Seasonal Deadheading) Hard Surface Weed Sterilant Bed Maintenance (Weeds) Overseed with Tall Fescue 4 Ibs/ 1000 SF Turf Aeration Optional Services Embassy Representative Signature _ / / J) o - -\ Date: December 04, 2023 Embassy Rep. William Gentry Client: City of Riverside, Missouri Frequency Cost per Occ. Annual Cost 18 $84 00 $0.00 $0.00 $84.00 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0 00 $93 00 $84 00 $0 00 $0 00 $84 00 $0 00 $0 DO $0.00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $186 00 $0 00 $0 00 $252 00 $252 00 $54.00 $54.00 $0.00 $0 00 $0.00 $0 00 $0.00 $0 DO $0 00 $0 00 $0 00 $0.00 $0 00 $0 00 $0 00 $0 00 $0.00 $0.00 $0.00 $148.00 $146.00 $152 00 $0.00 $0.00 $0 00 $0 00 $38.00 $0 00 $0 00 Annual Maintenance Price Client Signature $0 DO $0.00 $0 DO $0 00 $0 00 $0 00 $0.00 $0.00 $0.00 $148 00 $148 00 $152 00 $0 00 $0.00 $0.00 $0.00 $684.00 $0 00 $0.00 $1,792.00 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. EXPERIENCE OUESTiONN1AIRE (To be completed by each Bidder and submitted with Bid) I_111 -URL' TO COMPLUTE'll•I1S FORM WILL RESULT 1N THE REJECTION QF'1'1.1R BID. �i• Sy "sC^O± 4"4040 William Gentry (Company e) (Primary Contact Name) (b5 NUJ) Pi vcr Rvr -DC. _ �iML^S�N�► mo (14%S� (Address) (City, State, Zip Code) —*#4& _ ` `�L 2`i _Sl6 -y16 -OL9_ wgentry@embassylandscape.com (Phone Number) (Fax Number) (E-mail) Cell Phone: S 16-399-9604 Federal ID Number: )b - V f G 311 or SSN: (Check all that apply) $ Plant Installation 1W Invasive Plant Removal Mulching Landscape Chemicals It Pruning 1 Deadheading Weeding Name of State(s) in which incorporated:t,g�,,•�. Date(s) of incorporation: �a1/_1 Attach Certificate of Good Standing for State in which incorporated. If not incorporated in Missouri, also attach Certificate of Authority to do Business in Missouri. Certificate Number: OO7811"S, Date: /00 6 Name of the following officers: �7�'% _PO4,_^ (President's Name) .TUkhC or ,n (Secretary's Name) Date of Organization: (Vice -President's Name) (Treasurer's Name) Type of Partnership: General Limited Association Names and addresses of all partners (use additional sheet if necessary): (Name) (Address) 2 (City, State, Zip) (Name) (Address) (City, State, Zip) I. FIow many years has your Company been in business as a contractor under your present business name? 15 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: 3 Flow many years' experience in the proposed type and size of work has your Company had: (a) as a general contractor ,& : (b) as a subcontractor ? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: Proiect Nam4 or CRY 'Qn� ��`: es >' '�ehA Contact Name ✓�:� :6�t �r— (��v—Phone-- Contract Amount 3,L,��sSz f/ _ _ -------.--When Completed?_ Description of Work Proiect Name or City i/:11,4C C-1, • AA - 1ni -i _ Contact Name —A ✓A+) : �� K2� t�T Phone Contract Amount 8g ._ _ _When Completed? Description of Work. �3&.> Project Name or City. r :�� i� �G�fow•¢. ��._�. Contact Name Taws Contract Amount $ /2b 00 When Completed'? 20 1� Description of Work W [ w AyL %,.r, 24 5. What other important projects has your Company completed? 1'roieet Name or Contact Name Contract Amount Description of Work Project Name or City Contact Name Contract Amount $ Description of Work --Phone------ - When Completed? Phone When Completed? 6. Have you ever failed to complete any work on a project or defaulted on a contract? If so, where and why? (attach additional pages if necessary) 7. The experience of the Key Personnel in your Company is required. At a minimum, information regarding experience and qualifications of the following positions must be provided: GC Project Manager, On -Site Field Superintendent, QC/QA Manager, Safety Officer. /� NAME _� 1 � Position DerolonS Mo/se_t6r' Years of experience: Magnitude & Type of Work [',i abt" 14o•►.•..c.r In What Capacity? _ Ma►i►r.�i�•• [�+'� Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: 25 Education, professional registrations, certifications and credentials held by individual applicable to the Project: Position Ac-q t � �r Years of experience: g2 d> _ Magnitude & Yype of Work /�^1 �•►- -- —_ -- In What Capacity? Years of Employment with Contractor: _16 Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: NAME Position Years of experience: Magnitude & Type of Work --- In What Capacity? — _ _-- Years of Ianployment with Contractor: Other projects this individual will he involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: 2,E S. List the major items of equipment which you own or which will be used on the project: Quantity. Description, & Ca city Age in Years Condition 9. List below the contracts to which your company, any principal in your company, or any prior companies owned by a principal in your company were a party during the previous seven (7) years that involved litigation of any type, arbitration, mechanics lien claim orotherclaim in an amount over $10,000 (include pending cases with a notation that the matter is still unresolved): 10. On a typical project, what percent of the work is completed by your own forces? YotY'/o What percent by subcontract?_— %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1)- Address state Address Sure (3) Address sole - (4) - - Phone Number Zip Phanr Numba Zip Ptnee Numbrr — zip tfione Nanbet Addreu State Zip Ph=Nimrb" — 11. Is your Company current on payment of Fedcral and State income tax withholdings and unemployment insurance payments? _M 27 If the answer is no, please provide detail: 12. I las your Company, or any principal in your company, been rescinded or debarred froinnnny bidding, contractual, procurement or other such programs by federal, state or local entities? Pao— If the answer is yes, please provide detail: The undersigned hereby authorizes and requests any person, fine, or corporation to furnish any information requested by the City in verification of the recitals comprising this Experience Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any such information to the City of Riverside. The undersigned agrees that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids. Datcd on behalf of said Company this It. day of ftt` _ __20 a .09 Name: A40—C t.t,,.aAet L9 Title 6r• &4:,---im!r State of 55&'`r'_ _ ) SS County or_fe -- _ BEFORE ME, the undersigned notary, personally appeared Ko.,e bc.-._Atskr_ __ ocho being duly sworn, deposes and says that he or she is the _c5rr . , # , -T; r of —�Su iS_ l� ..AS �• ,6. we _ , that he/she has been authorized by such company to complete the foregoing statement, and that lie answers to the foregoing questions and al statements therein contained are true and correct. Subscribed and sworn to me before this � day of _ _ A R v-1 20 34 My commission expires: ID--�—• %otarYPublil FK ITH HARPER y Public, Notary Seat tate of Missouri Platte County mission N 19885696 ission Expires 10 08-2023 2= AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Embassy Landscape Group, Inc. FOR COMPLETION OF 2021 CITY LANDSCAPE PROJECT Project No. 410-021 **15t year renewal: 2022 Landscape Maintenance **2nd year renewal: 2023 Landscape Maintenance 3rd year renewal: 2024 Land Maintenance CONTRACT PRICE: S18,_848.00 30 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2021 CITY LANDSCAPE. PROJECT Project No: 410-021 **3rd year renewal: 2024 Landscape Maintenance THIS AGREEMENT, made and entered into as of the W, day of January 2024, by and between the City of Riverside, Missouri ("City"), and Embassy Landscape Group, Inc. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance / Resolution No. 2021-039, duly approved on the 41h day of May, 2021, Resolution No. 2022-034 approved on 3rd day of May, 2022, Reso 2023-036 approved on March 7, 2023, and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall have the respective meanings set forth below. Any capitalized terms used but not defined in this Agreement shall have the meanings given to such terms in the other Contract Documents. A. "Administrator" has the meaning set forth in the recitals of this Agreement. B. "Invoice" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "City" has the meaning set forth in the preamble of this Agreement. D. "Change Order" means a change to the Project, which has been approved in accordance with the terms of this Agreement, specifically including, without limitation, the requirements set forth in Article VII of this Agreement. E. "Contract Amount" has the meaning set forth in Article III, Paragraph A of this Agreement. F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this Agreement. G. "Contractor" has the meaning set forth in the preamble of this Agreement. H. "Notice to Proceed" has the meaning set forth in Article IV, Paragraph A of this Agreement. I. "Project" means the building, facility, and/or other improvements for which Contractor is to provide. Work under this Agreoment The Project may also include construction by City or others. J. "Resident Project Representative" means the following employee of the City of Riverside who shall manage the Project on behalf of the City: Tom Wooddell — twooddellariversidemo-coin 816-741-3908. K. "Subcontractor" means a person, firm or corporation supplying labor and materials or only labor for the Work for, and under separate contract or agreement with, the Contractor. L. "Substantial Completion" means the stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. M. "Work" or "Work on the Project" means work to be performed at the location of the Project, including the transportation of materials and supplies to or from the location of the Project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit B (Scope of Work) and Exhibit C (Technical Specifications) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. ld City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The Resident Project Representative shall act as the City's representative during the work period, shall decide questions which may arise as the quality and acceptability ofmaterials furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Resident Project Representative may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Resident Project Representative will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Resident Project Representative will not be responsible for the work means, controls, techniques, sequences, procedures or work safety. D. Contractor may be furnished additional instructions and detail drawings by the Resident Project Representative, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, and the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of eighteen thousand four hundred eighty-four Dollars ($18,8484.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in the Contractor Pricing. The quantities of unit price Work set forth in Contractor Pricing are estimates only, are not guaranteed, and are solely for the purpose of determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and (2) final payment for all unit price items set forth in Contractor Pricing will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the Project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent (10%) of the amount set forth in Contractor Pricing IN ADVANCE of performing the Work. Any increase in quantities of materials or Work performed as a result of over -excavation by Contractor will not be compensated. C. Payment of the Contract Amount shall be full compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The Work set forth in the Contract Amount shall be itemized in Contractor Pricing. All Work not specifically set forth in Contractor Pricing as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor Pricing. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK, NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGRFFS TO PAY l INDFR THIS AGRFFMFNT, ARTICLE IV PROGRESS OF WORK /SUBMITTALS A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion of all maintenance activities, as defined in Article I hereof, no later than 1 1 /30/2024. The Contractor will proceed with the Work at such rate of progress to ensure Substantial Completion within the contract time. It is expressly understood and agreed, by and between the Contractorand the City, that the contract time to achieve Substantial Completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of work, workdaily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. D. WORK SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a work schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written 34 approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Invoice under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. E. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the Project site in the number, type, and stage as enumerated below: 1. Pre -work photos - minimum of 15 ground level digital shots 2. Installation / si git ii(icLpit chcpclhotos - minimum of 15 ground level digital shots 3. Post -work photos - minimum of 15 ground level digital shots F. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. SUSPENSION OF WORK. The City may suspend the Work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor which shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension fl. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the City. In case of conflict between the drawings and specification, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Resident Project Representative in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. I. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary work of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Resident Project Representative. Materials, supplies or equipment 35 to be incorporated into the Work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. J. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the work of the Project shall be subject to inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. Inspections, tests or approvals by the Resident Project Representative or others shall not relieve the Contractor from the obligation to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative and the City's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all Work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. If any Work is covered prior to inspection by the Resident Project Representative it must, if requested by the Resident Project Representative, be uncovered for the Resident Project Representative's observation and replaced at the Contractor's expense. K. CORRECTION OF WORK, The Contractor shall promptly remove from the Project site all Work rejected by the Resident Project Representative for failure to comply with the Contract Documents, whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute the Work in accordance with the Contract Documents and without expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten (10) days after receipt of written notice, the City may remove such Work and store the materials at the expense of the Contractor. L. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. M. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall obtain all lands and rights -of -way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary work 36 facilities, or for storage of materials. N. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown in the Contract Documents. From the information provided by the City, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for work such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. Permits and licenses of temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the Work. O. SUBSURFACE CONDITIONS. The Contractor, is familiar with the Project site and the conditions under which Work will have to be performed during the work period. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the City may, if the City determines the facts so justify consider and adjust any such claims asserted before the date of the final payment. No extra compensation will be paid for rock excavation or varying geologic features encountered on the Project. If man-made hazards are encountered by the Contractor, excluding utilities, which are not visible from the surface, such as buried concrete foundations, buried garbage dumps that cannot be by-passed and requires additional Work consult the Resident Project Representative. P. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of work. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. 37 ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, are hereby incorporated into this Agreement, and form the entire agreement between City and Contractor, and are referred to as the Contract Documents: PRICING EXPERIENCE QUESTIONNAIRE AFFIDAVIT OF WORK AUTHORIZATION This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR TIME FOR COMPLETION SCOPE OF WORK TECHNICAL SPECIFICATIONS NOTICE TO PROCEED CHANGE ORDER FORM B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an invoice to the Resident Project Representative. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Invoice shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Invoice include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Invoice all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Invoice, or return the Invoice to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Invoice. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all Subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. 38 B. All payments under this Agreement shall be made only upon the approval of Resident Project Representative and Administrator. Resident Project Representative shall review each Invoice and certify for payment such amounts as Resident Project Representative determines are due Contractor. C. The City Treasurer, upon presentation of an Invoice, shall prepare a check for the sum certified to be due, payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator or Resident Project Representative's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its final Invoice as claimed by Contractor. All claims not identified in the final Invoice are waived. Any payment, however final or otherwise, shall not release the Contractor from any obligations under the Contract Documents. F. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to Subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or Subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. G. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations to Subcontractors, laborers, workmen, mechanics, matcrialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay Subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay Subcontractors and suppliers directly. Any payments made to Subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. H. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Agreement. ARTICLE VII CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. Work is covered by unit prices set forth in Contractor Pricing, by application of such unit prices to the quantities of the items involved; or C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other 40 change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount ortime and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE 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. COMMERCIAL 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 illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City, together with its employees and officers, as an additional insured and have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 c. Products/completed operations aggregate $2,000,000.00 d. 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. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and deliver to the City for operations of the Contractor of any Subcontractor in connection with execution of the agreement Owner's Protective Liability insurance in the same minimum amounts as required for Commercial General Liability Insurance above. 3. 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- 41 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 $2,000,000.00 for each accident. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. 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: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. 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 or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) 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 (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by Work included in the products/completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than one (1) year after the date of final acceptance by City of all of Contractor's Work. D. 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 Builder's Risk/Installation Floater "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, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site 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 42 by risks covered by the property insurance provided for in this Paragraph, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non -renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the Work site a clearly legible copy of the following: (1) the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. 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 attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful 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 part by a party indemnified 43 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 as set forth in this Agreement. B. In claims against any person or entity indemnified herein 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 shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, work, or material supply contract or any subcontract in connection with the Project, shall become directly or indirectly interested personally in this Agreement or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the Project, shall become directly or indirectly interested personally in this Agreement or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. 44 ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all Invoices hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to Subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Invoices: II'to the City: If to the Contractor: Tom Wooddell 4200 NW Riverside Street City of Riverside, MO Riverside, MO 64150 twooddel lnariversidemo.gov Name: William Gentry Embassy Landscape Group 6105 NW River Park Dr W Riverside, MO 64150 wge n t ivC�r.c m bassy landscape.com B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance) complying with the 45 Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, and machinery thereon owned by the Contractor and finish the Work by whatever method the City may deem expedient to correct the default, at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Resident Project Representative and Administrator, 46 then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all Work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of (1) defective Work not remedied, (2) claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor, (4) a reasonable doubt that the Work can be completed for the balance then unpaid, (5) damages to another contractor, or (6) performance of Work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary, City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop Work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed Work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article, ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prompt payment laws. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent (5%) as measured by the United States Bureau of Labor Statistics) only Missouri labors (persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a 47 state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of perfonning the particular type of work involved, if so certified by the Contractor and approved by the City. B. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any Subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the Work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescrihed in the applicahle wage determination. C. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the Work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. 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 the Contract Documents, nor shall it create any obligation from City to any assignee, Subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third -party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. 118 D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Agreement shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right enter into other contracts in connection with the Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the Project or the City may enter into other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. if the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE/CLEANING UP A. 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. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. 49 C. Contractor shall at all times, during performance of the Work, keep the Project site 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 materials. Contractor shall make provisions to minimize and confine dust and debris resulting from work activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of completion and acceptance of the Work. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the Work that the completed Work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all Work in this Agreement. Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repair of any other damages that were caused by defects in the Work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other Work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the Work and damage caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional 50 land and access thereto that the Contractor may desire for temporary work facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any plant materials, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. 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 damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off -site locations for use in performance of the Work, and (3) other property at the Project 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 work. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable Iaws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on -site employees to complete a construction safety program within sixty (60) days after the date Work on the Project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the 51 successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on -site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection I of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform Work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX RESERVED 52 ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against the City shall be made because of the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party this Agreement shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this 53 Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. COUNTERSIGNED BY: C1TY P URCHA SING AGENT. By: \ Brian ,. Kora City dminisl CITY OF RIVERSIDE. By: ' Ka leen L. Rose, Mayor . , A-17 Robin ZCincaid, Cit Clerk CONTRACTOR: __ GM 61SS4 1 AfJ dS CAP6 (Signature) Printed Name:_W 1 1 1; A M Title:_ Acc7/�Gmq'obr VT ATTEST: 0 (Name Printed) 54 EXHIBIT A Time for Completion 2021 CITY LANDSCAPE PROJECT (Project No. 410-021) **3rd year renewal: 2024 Landscape Maintenance Time for Completion: All maintenance work shall be completed between 04/01/2024 and 11 /30/2024. EXHIBIT B SCOPE OF WORK for 2021 CITY LANDSCAPE PROJECT (Project No. 410-021) **3rd ,year extension: 2024 Landscape Maintenance Contractor shall perform the following Work as more fully set forth in the Contract Documents' All Work necessary as shown on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit B & C to the Agreement. Contractor to provide all necessary equipment, labor, and material necessary to perform the Project and related work as shown in the Contract Documents. The Work includes, but is not limited to, the following: 1. Schedule and Coordinate all necessary inspections. 2. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services. 3. Include all plant layout. 4. Provide digital photographs of the pre -work site, installation, & post -work sites (see Article IV Progress of Work / Submittals (F) for specifics) 5. Provide all weather provisions to meet the schedule set forth in the contract documents. 6. Provide clean up associated with the contractors work. Site is to remain free of debris during the work. 7. Provide all traffic control as required throughout the work. 56 r:, N U O Or,4 N .O Ln 0 N © Q. 0 c V o Ln C c f0 v ,-i C o � v Ln C Q L N Ln N _ v v .� u c o (13 fo (IJo o II a Q a = s _ J Ln U Z N (1) I 0.M0 1�e1 Yy�1 rI� W ol u c L N 4-+ N 70 (co: En C) fu Q N °® rO fD LO 70 a �C r, o ° u V .c 'i Io N r, O V c m c 0 41 c IQ c 0 wL L 0 c .J a t Ln N p Ln O �I r-I w J U O Cn Ln V. -W W U C G1 �+ N O C Ul a ,n V Lr) J L N � I I 0 0 D a u ra W .L J Q ru U1 — N ro C � O ro ,> r Z 40 a6p� •J� At EXHIBIT C TECHNICAL SPECIFICATIONS 2021 CITY LANDSCAPE PROJECT (Project No. 410-021) **3rd year extension: 2024 Landscape Maintenance The following Specifications govern Contractor's performance of the Work: ENUMERATION OF SPECIFICATIONS AND ADDENDA: Following are the Specifications and Addenda governing the work, which form a part of this contract, as set forth the Contract Documents: SPECIFICATIONS: Division 1 —General Requirements Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01060 STANDARD SPECIFICATIONS AND PLANS 01310 JOB SITE ADMINISTRATION 01320 WORK SCHEDULE 01330 SUBMITTALS 01524 IWASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01570 IFEMPORARY TRAFFIC CONTROL Division 2 — Site Work Section Description 02350 MULCH 02820 TRASH AND LITTER REMOVAL 02830 PRUNING / DEADHEADING 02840 PESTICIDE TREATMENTS 02850 WEEDING 02860 ISHRUB FERTILIZATION ADDENDA: No. Date RIVERS BUSINESS LICENSE �MISSSURI Uptturvm from ordmfriy. 6105 NW RIVERPARK DRIVE LOCATION OF BUSINESS This license is to be displayed conspicuously at the location of business and is not transferable or assignable. JOE SMITE[ EMBASSY LANDSCAPE GROUP P.O. BOX 29048 PARKVILLF MO 64152 EXPIRATION DATE 12/31/2024 DATE ISSUED 1 /18/2024 LICENSE NUMBER 0094 FEE $ 48.00 CLASS LANDSCAPING THIS 1. F' SE IS ISSUED PURSUANT TO THE PROYi5 5 OF "fHE CITY CODE OF I I11:A MY OF Clerk Gar. c. RIVERS QF Thank you, City of Riverside (816) 741-3993 2950 NW VIVION RD RIVERSIDE, MO 64150 Transaction Code: BL - Business License Payment 0094-12/31/24 EMBASSY LANDSCAPE GROUP RETAIL 48.000R Receipt Number: R00007642 Cashier Name: Carol Getting Terminal Number: 1 Receipt Date: 1/19/2024 9:48:54 AM Total Balance Due: Payment Method: Check Reference 28117 Amount: $48.00 Total Payment Received: $48.00 $48.00 Change: $0.00 ` , DATE (MMIDDIYYYY) AC"R& CERTIFICATE OF LIABILITY INSURANCEF`� 10/30/2023 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(ies) must have ADDITIONAL INSURED provisions or 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 NAME CONTACT Andrea Wenzl Holmes Murphy & Associates PHONE FAX 2727 Grand Prairie Parkway IA1CN9,Exn: 816-857-7886 rArc,No1: Waukee IA 50263 AD88: awenzl®holmesmurphy.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Indian Harbor Insurance Company 36940 INSURED EMBLANPC INSURERS: Zurich American Insurance Company 16535 Embassy Landscape Group, Inc. 6105 NW River Park Drive INSURERC: Zurich American Insurance Company 16535 Kansas City, MO 64150 INSURER D: Travelers Property Casualty Co. America 25674 INSURER E : INSURER F: COVERAGES CFRTIFICATF NIIMRFR•11R33dQA7 RFVISIAN NIIMRFR- 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. ILTR TYPE OF INSURANCE INSD SU D POLICY NUMBER POLICY EFF POLICY yy LIMITS B X COMMERCIAL GENERAL LIABILITY GLO9408101 11/1/2023 11/1/2024 EACH OCCURRENCE_ $1000000 CLAIMS -MADE X ) OCCUR D PREMISES�Eaoccurrenre) $ 300 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JFEI& LOC PRODUCTS - COMP/OP AGG $ 2 000 000 $ OTHER: C AUTOMOBILE LIABILITY BAP9408102 11/1/2023 11/1/2024 aaxfdanl18INGUF LIMIT $1,000,000 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ nANYAUTO HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accider $ D X UMBRELLA LIAB X OCCUR CUP3X063676 11/1/2023 11/1/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000.000 EXCESS LIAB CLAIMS -MADE X RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC09408100 11/1/2023 11/1/2024 X PER OTH- STATUT ER E.L. EACH ACCIDENT $ 1.000,000 — ANYPROPRIETOR/PARTNER/EXECUTIVE IM OFFICEREMBEREXCLUDED? N NIA E.L. DISEASE - EA EMPLOYEE (Mandatory In NH) $ 1,000.000 If describe under DESCRIPTION OF OPERATIONS below $ 1,000,000 E.L. DISEASE - POLICY LIMIT A Contractors Pollution & PECO06229901 11/1/2023 11/1/2024 Pollution Limit 2,000,000 Professional Liability Professional Limit 5,000,000 Retention 10.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certholder is an additional insured on a primary & non-contributory basis in respects to for general liability as required by contract. l.cmI IrIVAtc MULUMIN 1LANGtLLAI IUN City of Riverside, MO 2950 NW Vivion Road Kansas City MO 64150-0000 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT D CITY OF RIVERS MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: 5/6/2021 PROJECT: 2021 CITY LANDSCAPE PROJECT- **3rd year renewal: 2024 Landscape Maintenance PROJECT NO.: 410-021 RESO: 2021-039 _ (approved May 4", 2021) TO: Contractor: Embassy Landscape Group, Inc. (address) 6105 NW River Park Dr Riverside. MO 64150 st You are hereby notified to commence work on or after the / (lay of April, 2024 in accordance with the Agreement dated Janaury 1(,, 2024. The date of substantial completion is 11/30/2024. The project shall be completed and ready for final payment by 12/15/2024. Cl Receipt ofthe �above NOTICE TO PROCEErD/i! BY: �C ea�o -, �—�" `` W � ( t -, U_ (Signature) y— (Printed) j 11CJ m$ ✓L l r �L ' �C(V (Comp ny this the 31 day of �A N�Ar� .2024. 65 Ly- -A- "�* 'vk �_/ EXHIBIT IT CHANGE ORDER (Contact Public Works Director Tom Wooddell with the City of Riverside for an electronic version twooddcll(W!rive rsidemo.Qov or by calling 816-741-3908) "WA Pl-W N_: P�oje i NIarL� (.tetrad Da. PryxJ locrbT RiYelside, Nyzsm�i CHANGE ORDER NO. Contractor Name:_ The b1b 1n. changes b the o .h^al awlNacl anhou nl were retuued t. cover cost --d by the Cm .a.r or b r.Met ..hangs 1—i-d by /1e Gontadw as a resell of a change in She equal nee 11—.ie1ne^•c Nan M1e nchimvrl oirannMes .hero nn Ine Rhd Pr^^nsal FN' Anew I A t el Pgz aD.�•al D-Ae Prel. y Lamb Ne V 014 Pf_ Prr_ Pmlahe ,• REGORED CNIWGEE/1 PRESENT CONTRACT Ibm DeurS AP,iwIm ChMV V.a iL r e0lVe. MN 1w Cheyeaderl Newt/ A1ewa: .rn.� aloi 1l Raqu Wby Cty I UM-1.r. 1,.* . l NMeaowph..dnpL.VW q na,ed udae.w rpre go sow ..,r 2 Trri DESIGN ENGINEER: NA hMM Oafe: — CONTRACTOR: CQNfrt.l�. i GR'36r9 A• 1lar Cl.an./ordm Ire v�hWslgra CONRULIOR [w.lee � M A.yD aea.EaO above r �ry n.Derb M GOrRWhLiON O aortea.ee r a.nn y ti env oa+w►►..•zra ae n,i. fJd atCl. n Are. /'• r11Ptla n M waa sAr7p.N .aa er d w 0br Ctrryiry acrr aMw oa. f�rraa/ns NR�ehywwsM./.e ietan.rnc i4t1g NA CtTHASU/Par As•iN•d pI17 M ae r'I CA— Y m •l.r arrre MwM T(I rn PrRwre ehay w Cv.w a _A nao CITY OF RIVERSIDE, MISSOURI: Vans Fbovr- 3/e10 COV Adminb.nr Gp mik 5qM ON -SITE PROJECT MANAGER! 9n•SiTE Y114 fErT N�NAOEN f. aratlr n a..rpdefe.,eh M C'.'hvo+—a(buarww /. ,»s1. tDimlun aN to di mhTsng des M V 7F.d1r dht mutt Plepd �.uM1gf 2YpFlS byre ON deal b Bhe best 0f Poled m Q el brow Npe dwm»nn and bdhel /he .laws M, d dupes -- y n .Der b Wrxewfl hs ANe1n N dw COn9A 0o .r0, and tee h.l rlle0 above> ~ m/e'd b 0rwv4 a+.cpaw hetfa^ Iln dubl ache 66 co^pa+y m wv�c DIVISION 1- GENERAL REQUIREMENTS 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all work activities to the limits of the project right-ol=way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. 01030 SPECIAL CONDITIONS A. Examination of the Site: Contractor has visited the site and is informed of all conditions presently existing. Failure to visit the site will in no way relieve the Contractor from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Protection of Monuments: The Contractor must carefully preserve bench marks, references or stakes and in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. C. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by the Contractor's operations and shall replace, at Contractor's own expense, in a manner approved by the Owner any such broken or damaged material. D. Delivery_of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the sites of the work are a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. E. Storage ol'Materials: All materials delivered to the job shall be stored so as to keep them in first class condition and free from deterioration or contamination. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. 01040 COORDINATION: A. The Contractor shall be responsible for obtaining a Riverside City Business License. B. All work activities shall be coordinated with all utility owners and the City of Riverside. Contractor shall be responsible for notifying all utility owners with facilities within the project limits prior to work so the utilities can be located and identified. C. Project Coordination: The Contractor shall communicate by email or phone at least monthly with the Resident Project Representative regarding maintenance items completed. No direct payment will be made for this item. 68 D. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of installation of work elements. E. In the event certain parts of work are assigned to subcontractors, the Contractor shall be responsible to ensure each subcontractor completes work and that all interfaces between trades are properly addressed. All subcontractors shall also coordinate their work with the Owner through the Contractor. F. The Contractor is solely responsible for all Assignments of Work among subcontractors. G. The Contractor shall be responsible for assigning and coordinating work and ensuring that suppliers and installers are familiar with all requirements in Contract Documents relating to each item of work, regardless of location of information in Contract Documents. 01060 STANDARD SPECIFICATIONS AND PLANS A. General: The work shall conform to the plans and contract specifications as outlined. In case of conflict, the specifications listed in this document shall take precedence over those listed in the stated Standard Specifications. B. Standard Specifications: Plants provided shall comply with the American Standard for Nursery Stock (ANSI Z60.1-2014). C. Plans: Attached plans shall be used to outline planting and landscape maintenance areas. 01310 JOB SITE ADMINISTRATION A. The Contractor, or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work, whenever work activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, the duly authorized representative(s). The duly authorized representative(s) will be the official liaison between the Owner and Contractor regarding the signing of pay estimates, change orders, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 01320 WORK SCHEDULE A. General: The Contractor shall maintain a work schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the Owner for review prior to beginning work. The baseline work schedule shall be in a form approved by the Owner. 69 The Owner will review the proposed progress schedule, and may require the Contractor to revise the same if, in the Owner's judgment, revisions are required to provide for completion of the project within the Contract Time, C. Scliedulc Updates: In addition to submitting a baseline project schedule, the Contractor shall update the project schedule each month. The updated schedule shall show the original baseline schedule, the actual work progress and the estimated completion of each significant work item for each phase of the project. D. Payment: No direct payment shall be made. 01330 SUBMITTALS A. Suhinittals: Required submittals include but are not limited to the following: 1.1 Weed Control and Pesticides (if needed for removal of weeds or pests) A. Type B. Product label and manufacturer's application instructions specific to the Work. C. Rate of application 1.2 Shredded Hardwood Mulch (to match existing mulch) A. Type 1.3 Plants A. Provide plant tags or list of plants from nursery 01524 WASTE AREA. MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas and non -soil waste area. The Contractor shall keep the site clean and free of all refuse, rubbish, scrap materials, and debris as a result of work activities so that at all times the site of the work shall present a neat, orderly and workmanlike appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. B. I'ayment; No direct payment shall be made. 01570 TEMPORARY TRAFFIC CONTROL A. c ieiicrul: Temporary traffic control on this project shall be the responsibility of the contractor to ensure that pedestrians and vehicles, where necessary, are routed safely around the work zone. B. Payment: No direct payment shall be made. DIVISION 2 - SITEWORK 02350 MULCH A. General: When conducting planting operations, Contractor shall preserve the existing mulch and re -use as much as possible. B. General: Mulch "volcanoes" around trees will not be acceptable. Mulch around trees should be installed as a "donut" with space between the trunk of the tree and the mulch. Mulching planting beds should be "top -dressed" and not piled thickly. C. Redefine bed edges & tree rings: When bed edge or tree ring is immediately adjacent to turf grass edges and tree rings shall be redefined. Care should be taken with tree rings so as not to damage tree roots. 02820 TRASH AND LITTER REMOVAL A. General: Trash and litter removal should be minimum as City staff includes this in our regular work schedule. However, if trash is in landscape beds while Contractor is on site, please remove and properly dispose of. B. Payment: No direct payment will be made. 02830 PRUNING / DEADHEADING A. General: Contractor will be responsible for manual removal of all sucker and foreign growth from shrubs and the base and lower trunk of trees within the project area during the "Spring Clean-up (perennial cutback)", "Shrub Pruning (Spring)", "Shrub Pruning (Summer)" and "Top Dress Bark Mulch" activities. B. General: All shrubs shall be pruned according to standard industry practices during the "Shrub Pruning (Spring)"and "Shrub Pruning (Summer)" activities. C. Perennials shall be deadheaded / cut back in the fall. When agreed upon by Resident Project Representative, perennials that are ornamental throughout winter months may remain and until Spring. 02840 PESTICIDE TREATMENTS A. General: Contractor will be responsible for all plant bed pre -emergent and shrub insect control. Herbicide Treatment: Herbicide usage must comply with the "Missouri Pesticide Use Act. Contractor shall provide a copy of their Missouri Department of Agriculture Pesticide Program Certified Public Operator License to the Resident Project Representative. 2. WILL NOT BE APPROVED: The following definition applies to what situations will not be approved for the use of Non —selective herbicide: plant growth around fire hydrants, light poles, utility poles and guy wires, sign posts, park structures and buildings, trees, sidewalk edging, curb edging, and Path/Trail/Track edging will not be permitted. 02850 WEEDING A. (Icncrid: Contractor will be responsible for all weed removal for all landscape beds and tree rings within the areas shown on the plans. It is the preference of the City that weed removal be manual whenever possible. Use of herbicides except the "Plant Bed Pre -Emergent" will require pre -approval from the Resident Project Representative. 02860 SFIRUR FERTILIZATION A. General: Contractor will be responsible for fertilizing shrubs in beds once per year at the ideal time for application. Provide fertilization specification to Resident Project Representative. AFFIDAVi7' for WORK AUT110RIZAT1ON (as required by Section 295,530, Revised Statutes orMissouri) 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). State of—W � 44-u ,* f ) County oQ _ _ ) ss: BF.FOR�/MF., the undersigned notary, personally appeared _ _ who, being duly sworn, states on his/her oath or affirmation as follows: 1.My name is and I am currently the 5 of Em%rs LCtnfdS (hereinafter "Contractor"), whose business a dress is J(�L.p ;-i��f ��. w�L , and I am authorized to make this Affidavit. 2.1 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 following services contracted between Contractor and the City of Riverside: 24 CITY LANDSCAPE f ROJE.CT (Project No. 410-020). 4.Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5.Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, Affiant sayeth not. n ure of Affra ` Printed Name: C _ �( t' 1Or-r-% Le �) Suh, erebed n nef-sw�,le � day of��r 20J DAna , .!t g, Notary Public -Notary Seal STATE OF MISSOURI Commissioned for Jackson County My Commission Expires:09/19/2024 Notary Public ID. #93539830 *PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: (1) a valid, completed copy of the first page Identifying the Contractor; and (2) a valid copy orthe signature page completed and signed by the Contractor, and the Department of Homeland Security — Verification.