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HomeMy WebLinkAboutR-2025-027 Awarding the Bid for 2025 MoDOT Right-of-way Mowing RESOLUTION NO. R-2025-027 A RESOLUTION AWARDING THE BID FOR THE 2025 MoDOT ROW MOWING AND APPROVING THE AGREEMENT BETWEEN THE CITY AND LOTUS LAWNCARE & SERVICES LLC FOR SUCH PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS THAT the bid of Lotus Lawncare & Services LLC for the 2025 MoDOT ROW Mowing in the amount of $103,488.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Lotus Lawncare & Services LLC, in substantially the same form as attached hereto and incorporated herein by reference, is hereby authorized and approved, and the Mayor is authorized to sign such agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, 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 18th day of March 2025. Kathleen L. Rose, Mayor ATTEST Robin Kincaid, City Clerk PROJECT MANUAL 2025 MoDOT ROW MOWING PROJECT NO: 331-025 The City of Riverside, Missouri January 30th, 2025 1 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID FOR UNIT PRICE CONTRACT BID FORM EXPERIENCE QUESTIONAIRE AFFIDAVIT for WORK AUTHORIZATION AGREEMENT EXHIBIT A TIME FOR COMPLETION EXHIBIT B SCOPE OF WORK EXHIBIT C TECHNICAL SPECIFICATIONS EXHIBIT D NOTICE TO PROCEED SPECIFICATIONS DIVISION 1—GENERAL REQUIREMENTS Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 SCHEDULE 01524 WASTE AREA,MATERIAL STORAGE AND SITE APPEARANCE 01570 TEMPORARY TRAFFIC CONTROL DIVISION 2—SITEWORK Section Description 02230 MAINTENANCE CYCLE 02350 MAINTENANCE SPECIFICATIONS 2 CITY OF RIVERSIDE,MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the 2025 MoDOT ROW MOWING(331-025)will be received by the City Clerk at Riverside City Hall,2950 NW Vivion Road,Riverside,Missouri until 10:30 A.M.,on Thursday,February 20,2025,and then publicly opened and read aloud at Riverside City Hall. The Information for Bidders, Form of Bid,Agreement,Plans, Specifications,and other Contract Documents may be examined at the office of the Resident Project Representative at the above city hall address. Copies may also be obtained at the above city hall address. The Information for bidders and advertisement can be viewed on the City of Riverside's website http://www.riversidemo.gov/bids. The City reserves the right to waive any informality or to reject any or all bids. Dated: January 3061,2025 4 CITY OF RIVERSIDE,MISSOURI INFORMATION FOR BIDDERS The City of Riverside,Missouri(the"City")invites sealed bids on the forms contained in the Rid Package and Contract Documents for the 2025 MoDOT ROW MOWING (Project No.331-025) 1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road,Riverside,MO 64150,until 10:30 a.m.on February 20th, 2025,at which time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s)containing the bids must be sealed,clearly marked on the outside of the envelope"2025 MoDOT ROW MOWING(Project No.331-025)"and addressed to the City Clerk at Riverside City Hall. The City reserves the right to award the contract by sections,to accept or reject any and all bids,to waive any technicalities or irregularities therein,to determine in its sole discretion the lowest responsive and responsible bidder,and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled time for the opening of bids or authorized postponement thereof.Any bid received after the time and date specified shall not be considered.No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. 2. There will not be a Pre-Bid Meeting. 3.Rejection of all Bids. If the City rejects all Bids,the City may:(1)re-advertise or re-solicit Bids following the City's normal bidding procedure;or(2)use an expedited Bid submission schedule when the City determines that the delay would not be in the best interest of the project or the City. BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION,AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. 4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s)and accompanied by: (1)Qualifications of Bidder(Experience Questionnaire)with Certificate of Good Standing (2)Affidavit of Work Authorization with E-Verify attached(2 pages) (3)Bid Form All blank spaces for bid prices must be filled in,in ink or typewritten,and the foregoing Certifications must be fully completed and executed when submitted.On alternate items for which a bid is not submitted,a written indication of"no bid"on the bid form is required. No oral,electronic,facsimile or telephonic bids or alterations will be considered. A complete set of the bidding documents are on file for examination at the office of the Resident Project Representative at Riverside City Hall or on the City of Riverside's website ham://www.riversidemo.gov/bids. A copy the bidding documents may be obtained from Riverside City Hall,Telephone 816-741-3993. 5 CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID,THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH,THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Bids by a corporation must be executed in the corporate name by the president or a vice-president(or other corporate officer accompanied by evidence of authority to sign)and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership must be executed in the partnership name and signed by a partner,whose title must appear under the signature and the official address of the partnership must be shown below the signature. 5. Addenda and Interpretations.No interpretation of the meaning to the specifications,or other pre-bid documents will be made to any bidder orally.Every request for such interpretation should be addressed to: Resident Project Representative,City of Riverside: Travis Hoover:thoover@riversidemo.gov and to be given consideration must be received by 5pm on February 14th,2025. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bid Documents which,if issued,will be mailed by the fastest delivery method available via registered mail or overnight delivery, and may also be mailed electronically or faxed to all prospective bidders recorded as having received the Bid Documents,not later than three(3)calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted.All addenda so issued shall become part of the Contract Documents.Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the bidders during the bidding period except as described in this Section. 6. Subcontracts.As part of the experience questionnaire,the bidder shall submit to the City with the Bid a list of all proposed subcontractors to be used on the project. The list shall indicate those portions of the work each subcontractor will be performing. The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to manage or perform all the Work required to be performed on the project by Contractor under the Agreement. 7. Qualifications of Bidder(Experience Questionnaire). The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work,and the bidder shall furnish to the City all such information and data for this purpose as the City may request.The City reserves the right to reject any bid if the evidence submitted by,or investigation of,such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work 6 contemplated therein.Conditional bids will not be accepted. At a minimum,each Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and good standing to do business in the State of Missouri or covenant to obtain such qualification prior to award of the contract. Key Personnel. Identify the following Key Personnel proposed for the Project. Project Manager On-Site Field Superintendent QC/QA Manager Safety Officer For each of the Key Personnel,provide the following background information: • Years of employment with current employer; • Other projects this person will be involved with concurrently with the project; • Provide professional registrations,education,certifications and credentials held by the person that are applicable to the Project. Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes to address them • Provide a statement regarding all work performed two(2)years immediately preceding the date of the Bid that contains either(a) any written notices of violations of any federal or state statute; or(b) a statement that there have been no such written notices of violations or such penalties assessed Statement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments • Statement that the Bidder has not been rescinded or debarred from any bidding,contractual, procurement or other such programs by federal state or local entities. • Statement of Bidder's litigation and/or arbitration history over the past seven (7) years including final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved. • Provide sworn affidavits as outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. • Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City,bid pooling or straw bids. 8. Time of Completion. Bidder 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 the project by 11/30/2025. Subject to budget appropriations,the contract term may be extended for two additional one-year periods upon the same terms contained in the original contract provided the parties mutually agree to such extension(s). If extended for 2026 and 2027, the City of Riverside may adjust starting and completion dates and add additional or 7 decrease mowing,as it deems necessary. 9. Conditions of Work.Each bidder must inform himself fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible the Contractor,in carrying out the work,must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 10. Laws and Regulations. The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 11. Method of Award - Lowest Responsible Bidder. If at the time this contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the contract;the contract will be awarded to the"lowest responsible bidder".If such bid exceeds such amount, the City may reject all bids or may award the contract on such items as identified by and deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the available funds. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award,the City may add any or all of the Alternates to the Agreement. The City may consider the qualifications and experience of subcontractors and other persons and organizations(including those who are to furnish the principal items of material or equipment) proposed for portions of the work. Operating costs,maintenance considerations,performance data and guarantees of materials and equipment may also be considered by the City. The City reserves the right to reject any and all bids,to waive any and all informalities,and the right to disregard all nonconforming, non-responsive or conditional bids. In evaluating bids,the City shall consider the qualifications of the bidders,whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City's satisfaction. If the contract is to be awarded,it will be awarded to the lowest responsible bidder whose evaluation,in the sole determination by the City,indicates to the City that the award will be in the best interests of the project. 8 City's obligation for ing cycles starting after 7/1/2025 are subject to the annual budget appropriation. 12. Obligation of Bidder. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents(including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to the bid submitted. On request,City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. 13. Federal Work Authorization Program Participation. Bidders 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 successful bidder 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 successful bidder does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 14. 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. 15. 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. 16. 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. 17. Transient Employers. 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. 18. Current City Business License. The successful bidder,and all subcontractors,shall obtain a current city business license prior to beginning the project. 9 19. Non Discrimination and Equal Opportunity. Contractor shall ensure that all employees are treated equally without regard to their race,color,religion,sex,age,handicap or national origin.The City hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color,religion,sex,age,ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority,women and disadvantaged contractors to submit bids. 20. Signing of Agreement. When City gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within five(5)days thereafter Contractor shall sign and deliver at least three(3)counterparts of the Agreement to City with all other Contract Documents attached and signed as required,together with the evidence of insurance,city licenses and work authorization affidavit and documentation. Within ten(10)days thereafter City will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor. 10 BID FOR UNIT PRICE To: City of Riverside,Missouri Project: 2025 MODOT ROW MOWING Project No. 331-025 Date 2/19/25 Proposal of Lotus Lawncare&Services LLC (hereinafter called "Bidder")a corporation/partnership/individual/or other entity organized and existing under the laws of the State of Missouri ,a corporation/partnership/or individual doing business as Lotus Lawncare& Services LLC To the City of Riverside,Missouri (hereinafter called "City") To Whom It May Concern: The Bidder,in compliance with your invitation for bids for the above referenced project having examined the specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the proposed project including the availability of materials and labor,hereby proposes to furnish all labor,materials,and supplies,and to complete the project in accordance with the contract documents,within the time set forth therein,and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. I. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed"of the City and to fully complete the project by November 30,2025. Bidder acknowledges receipt of the following addendum(s): n/a Bidder agrees to perform all of the project work described in the scope of work, for the unit prices contained in the attached Bid for Unit Price attached hereto. The total bid amount is: ($ 103,488.00 ) The unit prices attached shall include all labor,materials,bailing, shoring, removal, overhead, profit, insurance,etc.,to cover the finished work called for. Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar 11 days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid,bidder will execute the formal contract attached within 5 days. THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE,MISSOURI BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. Respectfully submitted: (SEAL- if bid is by a corporation) By Lotus Lawncare&Services LLC Name: JoAnn M Banks Title: Member Street: 14050 NW Robinhood Lane City, State,Zip: Kansas City MO 64164 Phone: 816.483.6746 12 BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: Lotus Lawncare& Services LLC 2025 \IODOT ROW MOWING (331-025) ITEM BID ITEM EST. UNIT UNIT PRICE TOTAL NO. DESCRIPTION QTY. 1 Mowing Cycle 4 EA $25,247.00 $100,988.00 2 Trimming 3 EA $500.00 $1,500.00 3 Spraying 1 EA $1,000.00 $1,000.00 BASE BID TOTAL: 103,488.00 Item NO. 1 • Price is for 190.60+/-Acres,per cycle. It is anticipated that there will be 4 cycles per growing season. • Area to be mowed includes steep slopes. • See mowing/trimming areas on attached drawings. Item NO. 2 • Trimming occurs in mowing/trimming areas and trimming/spraying areas on attached drawings. Item NO. 3 • Price is for 5.18+/-Acres,per cycle. It is anticipated that there will be 1 cycle per growing season. • See trimming/spraying areas on attached drawings. All Items must be completed by November 30,2025 13 EXPERIENCE OUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID. Lotus Lawncare&Services LLC Brandon Banks (Company Name) (Primary Contact Name) 14050 NW Robinhood Lane Kansas City MO 64164 (Address) (City,State,Zip Code) 816.215.4638 (Brandon's cell) 816.483.6746 (Office) no fax joann@lotuslawncare.com (Phone Number) (Fax Number) (E-mail) Federal ID Number: 26-3686428 or SSN: Services(Check all that apply) @J Mowing GI Herbicide Treatments L' Other: retaining walls °t Trash/Debris Clean-up 0' Other:snow removal CI Other: hardscapes ei Trimming C]' Other: landscaping ❑ Other: Name of State(s)in which incorporated: Missouri April 22, 2008 Date(s)of incorporation: 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: LC0889731 Date: 4/22/08 Name of the following officers: JoAnn M. Banks, Member Brandon Banks, Member (President's Name) (Vice-President's Name) (Secretary's Name) (Treasurer's Name) Date of Organization: Type of Partnership: General Limited Association V LLC Names and addresses of all partners(use additional sheet if necessary): JoAnn M Banks 14050 NW Robinhood Lane Kansas City MO 64164 (Name) (Address) (City, State,Zip) Brandon Banks 14050 NW Robinhood Lane Kansas City MO 64164 (Name) (Address) (City,State,Zip) 14 1 via text�_�, I. How many years has your Company been in business as a contractor under your present business name? 17 years 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: Brandon Banks was part owner or MoLawn, established in 1999. JoAnn Banks bought out MoLawn in 2008 and started Lotus Lawncare& Services LLC with Brandon as a 40% member. 3. How many years'experience in the proposed type and size of work has your Company had: (a)as a general contractor 26 :(b)as a subcontractor 26 ? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: Project Name or City MODOT- 1-435 - 1-29 to State Line Contact Name David Eppright Phone 816-813-1510 Contract Amount$ 276,540.00 When Completed? Nov. 2024 Description of Work mowing, spraying. trimming, trash pick up MODOT- 1-70 Lafayette County JrofectName or City Contact Name David Eppright Phone 816-813-1510 Contract Amount$ 95,961.60 When Completed? Nov. 2024 Description of Work mowing, spraying, trimming, trash pick up ,Proieet Name or City MODOT-Kansas City 1-470 from Hickman Mills Contact Name David Eppright phone 816-813-1510 Contract Amount$ 100,220.40 When Completed? Nov. 2024 Description of Work mowing, spraying, trimming, trash pick up 15 5. What other important projects has your Company completed? Project Name er City MODOT-170 West to Paseo Contact Name David Eppright 816-813-1510 Phone Contract Amount$ 81,039.00 When Completed? Nov. 2024 Description of Work mowing, spraying, trimming, trash pick up Project Name or City MODOT 149/US 71 Contact Name David Eppright Phone 816-813-1510 Contract Amount$ 88,392.00 _When Completed? Nov. 2024 Description of Work mowing, spraying, trimming, trash pick up 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) No 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: Project Manager,On-Site Field Superintendent,QC/QA Manager,Safety Officer. NAME Brandon Banks Position Member Years of experience: 26 years Magnitude&Type of Work Manager, order materials, see QCP In What Capacity? 100% Years of Employment with Contractor: Member Other projects this individual will be involved with concurrently with this project: Current mowing projects, KC Streetcar Project, and upcoming landscaping projects Education,professional registrations,certifications and credentials held by individual applicable to the Project: High School Diploma, US Marine, Commercial Applicatior License, Class A DL 16 NAME Jerry Hunter Position Production Manager Years of experience: 27 Magnitude&Type of Work Labor Supervisor, Tractor Operator In What Capacity? 100% Years of Employment with Contractor 5 Other projects this individual will be involved with concurrently with this project: current mowing projects Education,professional registrations,certifications and credentials held by individual applicable to the Project: High School Diploma, Pesticide Tech License, CLass E DL NAME Mark Lindbergh Position Manager and Tractor Operator Years of experience: 39 Magnitude&Type of Work labor, supervisor, see QCP In What Capacity? 100% Years of Employment with Contractor. 6 Other projects this individual will be involved with concurrently with this project: current mowing projects Education,professional registrations,certifications and credentials held by individual applicable to the Project: High School Diploma, pesticide tech license and Class A DL 8. List the major items of equipment which you own or which will be used on the project: Quantity,Description,&Capacity Age in Years Condition see attached 17 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 or other claim in an amount over $10,000(include pending cases with a notation that the matter is still unresolved): None Is 10. On a typical project,what percent of the work is completed by your own forces? 100 % What percent by subcontract'? U %. List subcontractors you propose to use on this project and their { responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1) Address State Zip Phone Number (2) Address State Zip Phone Number (3) Address State Zip Phone Number i (4) Address State Zip Phone Number 11. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? Yes If the answer is no,please provide detail: 12. Has your Company,or any principal in your company,been rescinded or debarred from any bidding, contractual,procurement or other such programs by federal,state or local entities? No If the answer is yes,please provide detail: I 13. Has your Company received any written notices of violations of any federal or state statute in which penal ties ties were assessed against your Company or paid by your Company during the last two(2) y If the answer is yes,please provide the detail of each and every such notice: The undersigned hereby authorizes and requests any person,firm,or corporation to furnish any information requested by the City in verification of the recitals of 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 straw bids. Dated on behalf of said Company this day of 20 By: JoAnn M. Banks Name:1/4siQ_ (�U.�� l� �J fl U rj Title Member r l State of ' r- ) CA ) V ss County of �J`1J ) //�� BEFORE ME,the undersigned notary,personally appearednil a who king dully sworn,d os�sarA that he or she is the %R— of t-�S t- Wn(j\ , (t , ,that he/she has been authorized by such company to complete the foregoing statement,and that the answers to the foregoing questions and all statements therein contained are true and correct. /� Subscribed and sworn to me before this 11 day of Moir Q ,20 gO Mycommission expires: div ; . to a is P rY BRITTANY ANN LESTER NOTARY PUBLIC•NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES JANUARY 15,2028 CLAY COUNTY COMMISSION t124836742 19 ;24 lit....tr75 Lo-rus awtvr;n"r ,c srnvtcrn Manufacture Serial Number/VIN Equipment Name Year Wright Stander X 52" B&S EFI- GEN2 52 Wright 2019 1187241W PRODUCT#G WSTX52S49E8E2B Wright Stander 52 Wright 2019 117326MY Wright Stander 37HP Brigg 61" 61 Wright 2021 131606AQ 37 HP Wright Stander 61" 61 Wright 2022 140752TC 37 HP Wright Stander 61" 61 Wright 2022 141597HX 37 HP Wright Stander 72" 72 Wright 2022 141072HY WR ST ZK 72" B&S EFI 37HP 72 Wright 2022 137929DE WR ST ZK 72" B&S EFI 37HP 72 Wright _ 2022 139814GK WR ST ZK 72" B&S EFI 37HP 72 Wright 2022 139899SM WR ST ZK 72" B&S EFI 37HP 72 Wright 2022 146201YD 37 HP Wright Stander 61" 61 Wright 2023 162193UG 37 HP Wright Stander 61" 61 Wright 2023 162279JG 37 HP Wright Stander 61" 61 Wright 2023 154178YV 37 HP Wright Stander 61" 61 Wright 2023 154967U5 Exmark Lazer Z X-Series 96" 96" Exmark 2023 314-X Exmark Lazer Z X-Series 96" 96" Exmark 2023 334 Wright Stander 72" 72 Wright 2024 161685QS Wright Stander 72" 72 Wright 2024 161704QM Wright Stander 72" 72 Wright 2024 162208TX Wright Stander 72" 72 Wright 2024 162224LQ Prolawn Sprayer S2935 Prolawn 2011 S2935 Billy Goat Debris Loader __ Billy Goat 2011 _ S101711075 First Products Gandy Tera First Product seeder 118426 Vator 400A SFP Scag Mower SWZ36A15KA 36" Scag 2021 7370229 Vicon Spreader PS403 _ John Deere 213055 Landpride RC2512 Folding 12' Kubota 875289 Cutter Kubota M6060HDC 8 spd 60 Kubota 2017 F4665 hp Cab Tractor w/R4 tires Landpride AFM4216 16'All Kubota 2015 1110175 Flex Mowers 14050 NW Robinhood Lane Kansas City MO 64164(P) 816.483.6746 y1I1 11Crillr LOTUS f.r:2�it:r.; KUBOTA 4WD TRACTOR W/12 2021 KBUM4EDCVM8B64665 SPEED HYDRAULIC SHUTTLE& KUBOTA CAB W/LOADER ATTACHMENT Attachment B0604 Kubota Tractor—M5 Kubota 2022 KBUM4EDCCM8L66157 111HDC12-1 Kubota Front Loader Attachment—Model LA1854 B2071 Kubota Tractor—M5- 111HDC12-1 Kubota 2022 KBUM4EDCPM8G65548 Kubota Front Loader Attachment—Model LA1854 B1824 Kubota Mini Skid Loader Kubota 2022 SN:KBXLCA1U2NLH11553 Model SCL1000 June 2020 - Loader 259D3 Cat contract OCW905413 ends 6/10/23 Bush Hog Model #4815RR1 1HB5R1221170026 Bush Hog Mower/Shredder Model#2815 1HHFVR1220390023 Bush Hog Mower/Shredder Model#2815 1HHFVR12203990024 DewEze Model Slope Mower ATM72 #ATM7299A38 TurfCo Top Dresser Model F12D 1999 Serial#A98748 Bush Hog Model#2815 2021 1HFTR121200087 300 GALLON CHECMICAL TANK 2021 012647 300 GALLON CHECMICAL TANK 2021 009785 300 GALLON CHECMICAL TANK 2021 010984 Stand on Z Sprayer ZS5260 ExMARK 2021 411354057 Scagg Windstorm Stand on blower P5900476-202 Kubota M5-111 Tractor Kubota 2020 SN#63287 Kubota M5-111 Tractor Kubota 2020 SN#63296 14050 NW Robinhood Lane Kansas City MO 64164 (P) 816.483.6746 AFFIDAVIT for WORK AUTHORIZATION (as required by Section 285.530,Revised Statues of Missouri) 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. i 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(hx3). State of ) County of ) ss: BEFORE ME,the undersigned notary,personally appeared JoAnn M. Banks ,who,being duly sworn,states on his/her oath or affirmation as follows: 1. My name is JoANn M. Banks and I am currently the Member of Lotus Lawncare&Services LLC (hereinafter "Contractor"), whose business address is 1405f1 NW Rohinhnnd l nne Kansas City MO R4164 ,and I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit,and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside:2025 MoDOT ROW MOWING(Project No.331-025). 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. 1 (� >,_ ), S' ature� \f Affrant Printed Name: JoAnn M B/na�nks Subscribecland cwn*n tO before. e this 101 1 day of ���VI� ,200 BRIITANY ANN LESTER 11 ' I NOTARY PUBLIC.NOTARY SEAL A STATEOFtv1Si*P YCOMMINEXPIRES JANUARY 15,2(l28 I CLAY COUNTY r .�• C COMMISSION it24836742 n;vt 11::Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify t II in Memorandum of Understanding: (1)a valid,completed copy of the first page identifying the Contractor;and (2)a valid copy of the signature page completed and signed by the Contractor,and the Department of Homeland Security— Verification. 20 �� k l}� r Y,' G;.' r71,1 _ zirg,.%1'& 4 „ ti �i- ,. F ,<„ ar1' 5kr= .;rcr ~"---4'.,n yttt�'f (�{j�/¢rf r.{Q�f)`'�,'/�c��'' Sir} . to-vvy-4,01,1„v7,,, iv, rr�7 �.-1�'r 6, � r• � }A��, �G,�.4{ !' ,}xxk fe jj II f!11 • :01I �yr 1,., �'. itii,- Y (1�}�)Iy 4, .Iji,Sy{� .(3 1� �INJI`t�fih 1111 1 t� r , /y�.�j)�Yp _ j11 r �� �[ V `�111iii11�III11rI1niE1 Iln�fl 'U1};Wll 1Y-., .!�Wk. iI111F- ir i111'Lit (MEW I I R Iit :,; E OF MIsso1. ..,,,,,, n 1SC .,., llfy" usi ,i_ y{ %%%%%%%%%%%%%%% a�ECItET,t11%% 1 a..;j; i _,...,.....„, ,,,,,,., . .1.1.:...,,,,++%% 11, t3 .,,, 1 .1.0-4 4,0„, <__. 4+.0.4.. MF' is A -.r-- j :t\ ♦ r _ "� r�1tij }} ///igitiol A. i rhl'j I A ...'. tIO 411,-4183013'-...4" '‘‘‘‘‘‘‘••%%•%s ,..,:,:..., F....:::i5::v ___Ay John R. Ashcroft kl!;40, i.! Secretary of State ::,fi 4 1,' - -_ CORPORATION DIVISION a. , ' ii� CERTIFICATE OF GOOD STANDING ,:.a ,; 1,JOHN R. ASHCROFT, Secretary of State of the STATE OF MISSOURI,do hereby certify that the = ' • .• records in my office and in my care and custody reveal that :4 'i if Lotus Lawncare and Services LLC "`' 1 t LC088973I ; Sal` was created under the laws of this State on the 22nd day of April,2008,and is active, having fully ''• - s complied with all requirements of this office. , _ __, ,...„, t�t�' .•_., :'.' ,yam' t r • IN TESTIMONY WHEREOF,I hereunto set my hand and ���� THE \ti, (�,' :a cause to be affixed the GREAT SEAL of the State of ��O174,- ****:**S 1,'he ,- :q F t`3 Missouri. Done at the City of Jefferson, this 18th day of ?jrN, *******'i ' .'9 1 t October, 2021. ;'� * *** 0\9 x of licl... r��` y 4 1 . •e ) ,., --2-7-..;, iL1P!&' ,ecretary of S e gi�.t, ` . VpffAr t,�.` �i � ,, .t 4. •4_ ') Certification Number.CERT-10182021 0047 ```"XNN 1' '�'� p , „ , t 1 0 t1 17 ) .. ' r I,q i1 t� r 11 { e tyd/'{ti �� 4t, 4 tM y�,, {��rj,�j I r egtitl� �{ 1 r]'.}1 T QUALITY ASSURANCE/QUALITY CONTROL PLAN 2025 MoDOT ROW MOWING Project No.: 331-025 The City of Riverside MO SUBMITTED BY: Lotus Lawncare & Services LLC Email Address:joann@lotuslawncare.com Office: 816.483.6746 it.V., 15 LOTUS LAWNCARE & SERVICES 1 SIGNATURE SHEET Prepared by: JoAnn M. Banks—Member Date: 2/18/25 Signature: N Reviewed&Approved by: Brandon Banks—Member Date: 2/18/25 -r r Signature: 2 Personnel Responsibility The Quality Control Plan for mowing/grounds maintenance used by Lotus Lawncare and Services LLC has been developed to hold personnel and subcontractors accountable to achieve expectations reliably and consistently. The Manager(Brandon Banks): • Maintains a positive work environment to enhance the teamwork concept; • Acts as a POC for the City of Riverside. Direction from the City must be made to the Manager (POC), and he will then communicate the direction to the Production Manager and Laborers as needed. • Coordinates service and determines manpower adequacy at locations to ensure timely, effective coverage; • Creates training and feedback avenues for all employees • Responsible for creating purchase requests for all materials needed; Production Manager(Jerry Hunter&Mark Lindberg) • Maintaining a positive work environment to enhance the teamwork concept; • Communicates with the Manager and Laborers to ensure all work is completed to satisfaction; • Coordinates vehicle, mowers and equipment maintenance and repair to ensure safe operations and adequate coverage; • Operates and maintains the vehicles, mowers and equipment in a safe working order; • Assists in coordinating service and determines manpower adequacy at locations to ensure timely,effective coverage; • Creates training and feedback avenues for all employees; • Responsible for creating purchase requests for all materials needed; Mechanic(Carlos Flores) • Maintaining a positive work environment to enhance the teamwork concept; • Daily preps vehicles and equipment for work each morning; • Maintains all vehicles, mowers and equipment to ensure they are safe and running properly; • Communicates with the Production Manager in regards to any maintenance needed; • Operates and maintains the vehicles, mowers and equipment in a safe working order; Laborers : • Maintaining a positive work environment to enhance the teamwork concept; • Operates and maintains the vehicles, mowers and equipment in a safe working order; • Perform mowing, debris clean up, and other labor duties outlined in solicitation; Chemical Applicators(Brandon Banks,Jerry Hunter, Mark Lindbergh, Isaac Huerta,Juan Castillo) • Maintains a positive work environment to enhance the teamwork concept; • Provides a timely,effective service for their designated areas; • Develops and executes the chemical application program in a safe and effective manner; • Documents and records all treatments; 3 Inspection Process: The Production Manager and Mechanic will inspect all vehicles, mowers, tractors and equipment used for lawn maintenance daily. This includes but not limited to: • Check and refill of all fluids • Check lights&tires • Check height of cut of mowers • Sharpening blades • Lubricate wheel bearings and other moving parts • Check cabin supplies to ensure it's well stocked with flashlights, road flares, tool box,first aid kit, etc.... The Production Managers are responsible for the inspection of work completed at the job site to ensure it is in compliance with the contract.This includes but not limited to: • Mowing and trimming is complete • Trash and debris is removed • Complete documentation by including if any damage was done on the property Vehicle and Equipment Preparation All vehicles and equipment utilized in the Quality Control Plan are inspected for readiness and repairs in advance and as needed for the mowing season by the Mechanic, Production Manager and Manager to ensure safe and efficient operations for lawn care maintenance. Attached with this bid is a list of equipment. Project Schedule and Incidents: Weather may be an issue that may affect the Project schedule. For the safety of our employees and civilians, and to ensure property is not damaged,work will not be performed in extreme weather. This will be communicated to the POC and missed days will be made up the following work time. If an incident should occur: • At each location, any damage or incidents will be recorded by the Production Manager and the POC will be notified. • Statement of Assurance: Lotus has not had any written notices of violations of any federal or state statute since the company has been in business. Lotus is current on payment of Federal and State income tax withholdings and unemployment insurance payments. Lotus has no pending cases or has been in a litigation and/or arbitration over the past 7 years, nor is there any collusion or fraud with the reference to illegal relationships or bidders and representatives of the City, bid pooling or straw bids. 4 AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Lotus Lawncare & Services LLC FOR COMPLETION OF 2025 MoDOT ROW MOWING Project No. 331-025 RESOLUTION NO.: 2025- CONTRACT PRICE: $103,488.00 21 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2025 MoDOT ROW MOWING Project No: 331-025 THIS AGREEMENT, made and entered into as of the day of March, 2025, by and between the City of Riverside, Missouri ("City"), and Lotus Lawncare & Services LLC ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2025- , duly approved on the 4th day of March,2025 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: 1. Contractor shall provide and pay for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit B and C to this Agreement (the "Work") in compliance with all provisions of this Agreement. 2. Contractor shall start all the Work not later than; 04/30/25 or as directed by Resident Project Representative Contractor shall complete all the work not later than;November 30,2025 3. Provided Contractor performs all the Work in accordance with this Agreement and complies with all obligations of Contractor under this Agreement, City shall pay Contractor per cycle. This amount includes all costs of project services performed for the cycle. Contractor shall submit a detailed invoice describing services performed at each area prior to receiving payment. 22 4. Subject to budget appropriations, the contract term may be extended for two additional one-year periods upon the same terms contained in the original contract provided the parties mutually agree to such extension(s). If extended for 2026 and 2027, the City of Riverside may adjust starting and completion dates and add additional or decrease maintenance cycles, as it deems necessary. 5. Contractor shall comply with all federal, state, local, and other governmental laws, ordinances, rules, regulations, orders, and the like applicable to the Work. Contractor shall secure all permits from public and private sources necessary for performance of the Work. 6. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent injury, damage, or loss to (a) employees and other persons at the site of the Work or who may be affected by the Work, (b) material and equipment stored at on-site or off-site locations for use in performance of the Work, and(c)other property at the site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of performance of the Work.Contractor shall give notices and comply with applicable laws, ordinances, rules,regulations,orders,and the like bearing on safety of persons or property or their protection from injury, damage, or loss. 7. Contractor shall ensure that the Work,at all times,is performed in a manner that affords reasonable access,both vehicular and pedestrian,around the site of the Work and all adjacent areas.Contractor shall at all times during performance of the Work keep the site of the Work and all adjacent areas clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its equipment,tools, machinery,waste, and surplus material. Contractor shall make provisions to minimize and confine dust and debris resulting from performance of the Work. 8. Only material and equipment that are to be used directly in the Work shall be brought to and stored at the site of the Work. After equipment is no longer required for the Work, it shall be promptly removed from the site of the Work. Protection of material and equipment from weather,theft, and all other casualty or damage is solely the responsibility of Contractor. 9. A. Contractor shall,at all times during the performance of any of the Work,maintain not less than the following insurance coverages and amounts: 1. COMMMERCIAL GENERAL LIABILITY-Contractor shall provide coverage for Contractor,City, its employees,officers, and agents,against claims for damage to property and/or injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: (1) Each Occurrence $1,000,000.00 (2) General Aggregate $3,000,000.00 (3) Products/completed operations aggregate $2,000,000.00 (4) The following coverage shall be included: 23 • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse,and Underground Damage 2. AUTOMOBILE LIABILITY-Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of$2,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY-This insurance shall protect the Contractor against all claims under applicable state workers'compensation laws. The Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: (1) Workers'Compensation Statutory (2) Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under this Agreement. Each policy providing general liability or automobile liability coverage shall, in form satisfactory to City, (a)name as additional insureds City, its employees, officers, and agents, and(b) provide that it is primary to any other insurance maintained by any additional insured,which other insurance shall be excess or contingent. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and expressly providing no less than seven days prior written notice to City in the event of cancellation, expiration,nonrenewal, alteration, or reduction(including but not limited to reduction by paid claims) of coverage or limits evidenced by the certificate. The certificate or certificates shall be delivered to City not less than 24 hours before Contractor performs any of the Work. 10. To the fullest extent permitted by law,Contractor shall defend, indemnify,and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City,from and against claims,damages,losses,and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, 24 disease, or death or to injury to or destruction of tangible property, but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in party by a party indemnified hereunder. This obligation is not intended to,and shall not,negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this paragraph 10. In claims against any person or entity indemnified under this paragraph 10 by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable,the indemnification obligation under this paragraph 10 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefits acts, or other employee benefit acts. 11. Neither the City nor the Contractor shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent may be granted or withheld in such other party's absolute discretion. Nothing contained in this Section shall prevent the Contractor from engaging independent consultants,associates, and subcontractors to assist in performance of the Work subject to prior approval by the City,which approval may be granted or withheld in the City's absolute discretion. 12. DEFAULT - 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 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,or(4)abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision,materials,tools,equipment,services, or other items through City or others,to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the pe l formance of such Work,through City or others, at Contractor's expense. A. 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. B. 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 25 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. C. 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 eve l y other right or remedy, and eve 1 y 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. 13. TERMINATION FOR CITY'S CONVENIENCE. 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. 14. 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 1 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. 15. This Agreement does not create an employee/employer relationship between the parties. It is the parties'intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers' Compensation and Unemployment Insurance laws. 26 16. This Agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto and signed by both parties. 17. This Agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated,venue shall be proper only in the Circuit Court of Platte County, Missouri. 18. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 19. All financial obligations of the City pursuant to this Agreement shall be subject to appropriation. 20. Nothing in this Agreement shall constitute or be construed as a waiver of the City's sovereign immunity. 21. By executing this Agreement, Contractor certifies it is not currently engaged in, and shall not, for the duration of the Agreement, engage in a boycott of goods or services from the State of Israel; companies doing business in, or with, Israel companies authorized by, licensed by, or organized under, the laws of the State of Israel; or persons or entities doing business in the State of Israel. 22. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving.No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.No failure to exercise,or delay in exercising,any right,remedy,power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 27 IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date first above written. APPROVED AS TO FORM: ATTORNEY: By: Attorney. Pei .ii A A . (r a COUNTERSIGNED BY: CITY PURCHASING AGENT: By: Bri E. kor Ci Adminis for CITY OF RIVERSIDE: Kath n L. Rose, Mayor A I JEST: } CONTRACTOR: Robin kincai , City Clerk By: (Signature) Printed Name:JoAnn M. Banks Title:Member ATTEST: SECRETARY, (Name Printed) 28 EXHIBIT A Time for Completion 2025 MoDOT ROW MOWING (Project No.331-025) Time for Completion: 11/30/2025 29 EXHIBIT B SCOPE OF WORK for 2025 MoDOT ROW MOWING (Project No.331-025) Contractor shall perform the following Work as more fully set forth in the Contract Documents: All Work necessary to complete the 2025 MODOT ROW MOWING as shown on and in accordance with the Technical Specifications and/or Drawings. The Work in the Project shall include but is not limited to the following: • Trash& Litter Removal • Cut/Mow • String Trimming • Detail/Finish • Sweeping/Blowing • Herbicide Spraying of WeedNolunteer Growth Contractor to provide all necessary equipment,labor,and material necessary to perform the Project as shown in the Contract Documents. The Work includes,but is not limited to,the following: 1. Schedule and coordinate all necessary inspections. 2. Provide all weather provisions to meet the schedule set forth in the contract documents. 3. Provide clean up associated with the contractor's work. Site is to remain free of debris during the work. 4. Provide all traffic control as required throughout the work. 30 EXHIBIT B SCOPE OF WORK—Project Location See Map Key and Maps 1-7. 31 EXHIBIT C TECHNICAL SPECIFICATIONS 2025 MoDOT ROW MOWING (Project No.331-025) 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 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 SCHEDULE 01524 WASTE AREA,MATERIAL STORAGE AND SITE APPEARANCE 01570 TEMPORARY TRAFFIC CONTROL Division 2—Site Work Section Description 02230 MAINTENANCE CYCLES 02350 MAINTENANCE SPECIFICATIONS ADDENDA: No. Date 40 EXHIBIT D CITY OF RIVERSI MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: PROJECT: 2025 MoDOT ROW MOWING PROJECT NO.:331-025 RESO: (approved ) TO: Contractor: (address) You are hereby notified to commence work on or after the 30th day of March,2025 in accordance with the Agreement dated The date of substantial completion is 11/30/2025. The project shall be completed and ready for final payment by CITY OF RIVERSIDE BY: Brian E. Koral,City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Signature) (Printed) (Title) (Company) this the day of ,2025. 41 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. If the Contractor desires access to private property that is outside the project limits,the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to the City prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Measurements: Any dimensions provided shall be verified by the Contractor. Any discrepancies between the specifications and the existing conditions shall be referred to the Owner for adjustment, before the work is performed. C. Protection of Monuments: The Contractor must carefully preserve benchmarks, 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. D. 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. The Contractor should inspect their area, upon contract award, for any observable damage, including trees, prior to conducting any work activity in the assigned project area. Any observed damage shall be documented by memo to the Resident Project Representative. E. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering the work is 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. 01040 COORDINATION: A. The Contractor shall be responsible for obtaining a Riverside City Business License. B. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of the work. C. In the event certain parts of work are assigned to subcontractors,the Contractor shall be responsible to ensure each subcontractor completes work. All subcontractors shall also coordinate their work with the Owner through the Contractor. 43 D. The Contractor is solely responsible for all Assignments of Work among subcontractors. E. The Contractor shall be responsible for assigning and coordinating work and ensuring that subcontractors are familiar with all requirements in Contract Documents relating to each item of work,regardless of location of information in Contract Documents. 01270 MEASUREMENT AND PAYMENT A. It is the intent of the Contract Documents that all costs in connection with the Work,including furnishing of all materials,equipment,tools,supplies and appurtenances;and performing of all necessary labor to fully complete the Work,shall be included in the unit and lump sum prices named in the Bid Form. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Bid Form. All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary obligation of the Contract,and all costs in connection therewith shall be included in the process named in the Bid Form. B. Whenever in the Bid Form there is a discrepancy between unit prices and extensions or totals,the unit prices will govern,and the extensions or totals will be corrected accordingly. C. Items for payment will be measured in accordance with the stipulations of these specifications and as further shown on the drawings. Pay limits given are maximum, and where actual quantities of work items are less than as computed by said pay limits, the Contractor will be paid only for the actual quantities. D. Payment will be made as the sum of the following: 1. Final authorized quantity of each item in the Bid Form multiplied by the contract unit price,therefore. 2. Lump sum payment for each item so listed in the Bid Form, at the contract lump sum price,therefore. 01310 JOB SITE ADMINISTRATION A. Supervision& Communication: The Contractor, or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work, whenever activities are underway, for the duration of this project. Contractor supervision is not required provided that equipment or other means are provided that enable the work crew to communicate with the Contractor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. B. Authorized Representative: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 invoices, 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). 44 C. Safety Requirements: All workers within Highway right of way shall wear approved ANSI/ISEA 107 Performance class 2 or 3 safety apparel and more specifically workers shall wear a high visibility hard hat, safety glasses, a Performance Class 3 top OR a Performance Class 2 top and safety toe footwear. D. Safe Operation of Equipment: All equipment used by the Contractor or by person directed by the Contractor shall be operated in a safe manner consistent with the manufacturers' recommendations. All equipment used in MoDOT ROW shall be equipped with either a white strobe or flashing amber light. Equipment shall be operated at a speed that poses no danger to the public and achieves the desired appearance. Mowing equipment with side discharge must be operated with discharge shoots down, as a safety precaution. All mowing shall have a "slow-moving vehicle" placard attached and all safety shields or devices properly installed and maintained. 01320 SCHEDULE A. General: The Contractor shall prepare and maintain a schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule,reflecting equally spaced maintenance cycles,to be presented to the Owner for review. The baseline schedule shall be in a form approved by the Owner and shall include at least the following information for each significant work item during each phase of the project: 1. Start Dates for each Mowing Cycle 2. Start Dates for each Trimming Cycle 3. Start Date for Spraying Cycle 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. Schedule 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. 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. B. The Contractor shall keep the site clean and free of all refuse, rubbish, and debris as a result of activities so that at all times the site of the work shall present a neat and orderly 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. 45 C. Payment: No direct payment shall be made. 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition)as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the Owner. B. MUTCD:All temporary traffic control devices shall be in conformance with"Part 6 of the Manual on Uniform Traffic Control Devices(MUTCD),"Current Edition and its latest revisions. C. Temporary Traffic Control Devices: Whenever working within 30' of pavement edge,standard 48- inch orange warning signs with the legend"MOWERS AHEAD"shall be placed a maximum of one mile in advance of the operations,and at intervals not to exceed one mile within the operation.Signs must be erected for both directions of traffic when working in the median. Signs shall be erected on approaching ramps and major side roads as necessary. All signs shall be placed prior to beginning work and shall relocate signs as work progresses. C. Payment: No direct payment shall be made. 46 02230 MAINTENANCE CYCLES A. Mowing Cycle Definition: One complete round of trash/litter removal, cut/mow (including all slopes), detail/finish, and sweeping/blowing per section 02350. B. Trimming Cycle Definition: One complete round of string trimming, detail/finish,and sweeping/blowing per section 02350. C. Spraying Cycle Definition: One complete round of weed/volunteer growth per section 02350. Cycle shall be on an agreed upon date between the Contractor and City. D. General: Contractor shall contact Resident Project Representative 24 hours prior to beginning each Cycle. 1) Mowing Cycle: The Contractor must be able to mow at a minimum rate of 30 acres daily.The work must be completed within seven business days. Failure to notify prior to beginning a Mowing Cycle can result in non-payment for work performed. 2) Trimming Cycle: The Contractor shall trim all areas within seven business days. Trimming/Mowing Cycles can be combined, if desired. If Contractor elects to combine Mowing/Trimming Cycles the detail/finish and sweeping/blowing only need to be done once per combined cycle. 3) Spraying Cycle: The Contractor must be able to spray all areas within seven business days. Spraying Cycle can be combined with Mowing and/or Trimming cycles, if desired. E. Daily Contact: Contractor must make daily contact with the Resident Project Representative when working in the project area. Failure to contact the assigned Resident Project Representative daily can be considered breach of contract. Contractor shall report all damage,vandalism, and storm damage to any trees, bushes, structures, or objects located in the mowing areas. F. Postponement or Cancellation: Work may be postponed or canceled due to weather conditions or other unforeseen circumstance. Work will resume at the Resident Project Representative's approval. Areas under construction will be mowed and maintained as much as possible. Upon completion, the contractor will complete the cycle required in the construction area. Contractor shall not mow or trim in wet turf conditions due to rain or irrigation issues to avoid tracking and clumping of grass clippings. G. Work Days/Hours: Contractor may perform the work on any day of the week between the sunrise to sunset. H. Payment: Contractor will email a daily activity log and invoice at the end of each Maintenance Cycle to the Resident Project Representative. An inspection of work will be made within two working days after Resident Project Representative receives the email. Payment for the completed and approved work will be made to Contractor within thirty days(30)after Resident Project Representative has signed and dated the invoice. 48 02350 MAINTENANCE SPECIFICATIONS A. Trash&Litter Removal: Contractor shall,at the beginning of each mowing cycle remove all trash and litter from the entire area prior to initiating any mowing of the turf areas.Trash and litter includes but is not limited to,tires,paper,cans,bottles,bags of trash,limbs three inches (3")or smaller in diameter,rocks,signs like realty or political or garage sales and the like,etc., which are not intended to be present as part of the hardscape or landscape.Limbs larger than three inches(3")shall be reported to the Resident Project Representative.The entire project area includes all road shoulders,curbs,catch basins,gutters,hill sides,ditches,median islands,and three feet(3')into tree and shrub lines within the right of way. All trash and litter removed shall be disposed of by the Contractor to an off-site location.The Contractor will report any illegal dump sites to the Resident Project Representative. B. Cut/Mow: Turf shall be cut at a height of 5 inches. All mowing equipment shall be equipped with sharp blades achieving a quality cut. C. String Trimming:Trimming shall be performed around all fixed objects within the project area including but not limited to sign posts,poles,delineator posts,drainage structures,guard rails, fences,bridge ends,curbs,trees,rock outcrops,etc.All string trimming shall be accomplished maintaining the required 3-1/2"cutting height and can be performed concurrently with mowing operations.All personnel performing trimming operations shall wear safety vests. D. Detail/Finish: Grass clippings and debris must be removed from all road shoulders,before the exit of the crew from the immediate work site. Upon completion of cycle,turf areas shall be free of clumped grass and tire tracks or ruts left by equipment. Turf shall be cut in a professional manner so as not to scalp turf or leave areas of uncut grass. E. Sweeping/Blowing: Sweeping and/or blowing of hard surface areas will be required to remove debris such as;broken glass,cigarette butts and bottle tops. Debris must be picked up and disposed of safely. F. Weed/Volunteer Growth: The contractor shall maintain vegetation free concrete medians, gutter,riprap,guardrail,fence lines,and hardscapes. 1. 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. REQUIRES PRE-APPROVAL: The following specification requires pre-approval of the Resident Project Representative regarding the use of non-selective herbicide: rock outcroppings, tree stumps, turf/pavement lines and other areas in which trimming is desired. 3. 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,posts,trees,and curb edging will not be permitted. G. Payment: Payment will be made as defined in 02230 Maintenance Cycles. 49