Posted Date & Time: 10/4/19 2:49 p.m. By: MM

Finance Committee Agenda

October 7, 2019 4:30 PM

Administration Conference Room, City Hall

1. Call to Order 2. Financial Updates

A. City Administrator Approvals

3. Action Items A. Approve the minutes from the September 23, 2019, meeting B. Approve payment to Bank Liberty for right-of-way and easements associated with the

Route 9 Improvements from Highway 45 to Lakeview Drive (Public Works) C. Approve a construction agreement with MCON for repair of the streambank and levee

along the creek adjacent to the Wastewater Treatment Facility (Public Works) D. Approve a construction agreement with Hi-G Enterprises, LLC for trail reconstruction in

the riverfront parks (Public Works) E. Approve a construction agreement with Hi-G Enterprises, LLC for silt grading in the

riverfront parks (Public Works) F. Renew the intergovernmental agreement with the Mid-America Regional Council Solid

Waste Management District for the 2020 Regional Household Hazardous Waste Collection Program. (Public Works)

4. Non-Action Items

5. Unfinished Business (postponed from prior meetings)

6. Other Business

7. Adjourn

CITY ADMINISTRATOR

PURCHASING APPROVAL

City of Parkville Preparation date: Department: Public Works

Low Bidder and Contract Amount:

General Scope of Work Description/Project:

Competitive Purchasing Information: (List bidder, address, and price):

Project/Purchase Start Date: Estimated Completion Date: Budget Account Code:

Authorization:

City Administrator: Date: Department Head: Mayor (if applicable): Submit to the Finance Committee for Authorization (if requested by the City Administrator)

Date: 9/10/2019

Title: Four trash receptacles for Nature Sanctuary The scope of work for this work authorization is the removal of the hazardous trees in English Landing Park as outlined in the TRIM Grant application.

Description: Four outdoor, metal trash receptacles with a lid that will exclude animals. The current trash receptacles are currently having issues with allowing raccoons to get to the trash and proceed to spread the trash on the ground.

Global Equipment Company, Inc 29833 Network PCACE Chicago, IL 60673 $2,884.28

9/10/2019 9/30/2019

60.501.04.41.00

Park Warehouse LLC Trash Cane Warehouse 7495 W Atlantic Ave 35 Frost Street Delray Beach, FL 33446 Brattlebord, VT 05301 $3,351.29 $4,523.40

CITY ADMINISTRATOR

PURCHASING APPROVAL

City of Parkville Preparation date: Department: Administration

Low Bidder and Contract Amount:

General Scope of Work Description/Project:

Competitive Purchasing Information: (List bidder, address, and price):

Project Start Date: Estimated Completion Date: Budget Account Code:

Authorization:

City Administrator: Date: Department Head: Mayor (if applicable): Submit to the Finance Committee for Authorization (if requested by the City Administrator)

10/2/2019

Title: City Hall Carpet Replacement – Carpet Upgrade Description: The 2019 Capital Improvement Program includes funding to replace all of the carpet at City Hall. The City was provided with carpet samples to fit the budget for the project, but staff determined that an upgrade was needed in order to get better quality carpet with a cleaner design for a better match to what is currently on the floors. Change Order No. 2 is the cost to upgrade the carpet to a better quality product. The total cost is over budget by $5,730.90, but there is adequate budget in other line items to cover the additional cost.

S&A Entity 119 W. Mill Street Platte City, MO 64079 $5,925.00

10-560-50-10-00

The project went out for bid in July 2019 and two bids were received. The low bidder was S&A Entity, LLC. An agreement was approved on August 6, 2019.

PROJECT (Name and address): City Hall Carpet Replacement

TO CONTRACTOR (Name and Address): S&A Entity, LLC 12635 NW Oak Ridge Road Platte City, MO 64079

Change Order

THE CONTRACTOR IS CHANGED AS FOLLOWS:

The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was

CHANGE ORDER NUMBER: 2 DATE: October 1, 2019

PROJECT NO.: ______ _ CONTRACT DATE: 8/6/19

$ 55,805.90 $ 0.00

The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be

$ 55,805.90 $ 5,925.00 $ 61,730.90

The Contract Time will be increased by 0 days. The date of Substantial Completion as of the date of this Change Order therefore is

This change order will increase the total project cost to upgrade the carpet to a 100% solution dyed nylon 6. The better quality will have an extended life and will be able to handle more foot traffic for the life of the carpet.

This Change Order represents a complete and final resolution of all matters concerning or arising out of the work described in the Change Order, including any impact, delay, disruption and/or acceleration of work unless specifically identified herein.

NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND OWNER.

S&A Entity, LLC CONTRACTOR (Firm name)

12635 NW Oak Ridge Road, Platte City MO 64079

ADDRESS

BY (Signature)

(Typed na!ne)

lo\ t\\Cj DATE

DB04/0832356.0002/10775024. l WP08

City of Parkville OWNER (Firm Name)

8880 Clark Avenue, Parkville MO 64152

..... BY (Signature)

Joe Parente, City Administrator

(Typed name)

1o\,\i1 DATE

Draft until adopted by the Finance Committee

Page 1 of 2

Finance Committee Meeting

September 23, 2019 Administration Conference Room, City Hall

Minutes

1. CALL TO ORDER

Chair Sportsman called the meeting to order at 4:32 p.m. A quorum was present. • Members Present: Chair Sportsman, Vice Chair Dave Rittman and Robert Lock • City Staff Present: Police Chief Kevin Chrisman, Public Works Director Alysen Abel,

Finance/Human Resources Director Matthew Chapman, Community Development Director Stephen Lachky, Assistant to the City Administrator Anna Mitchell and City Clerk Melissa McChesney

2. FINANCIAL UPDATES

3. ACTION ITEMS

A. Approve the minutes from the September 9, 2019, meeting

Dave Rittman moved to approve the September 9, 2019, minutes. Robert Lock seconded; motion passed 3-0.

B. Approve a construction agreement with Enerfab Power & Industrial, Inc. for the Wastewater Treatment Facility flowmeter addition

Public Works Director Alysen Abel stated that modifications were needed for the piping and meters associated with the flowmeter for the RAS/WAS operation at the Wastewater Treatment Facility. A work authorization with North Hills Engineering was approved by the City Administrator for design and management of the project. A bid opening was held in September and five bids were received. The City had worked with Enerfab previously on other wastewater projects.

Rittman moved to recommend that the Board of Aldermen approve a construction agreement with Enerfab Power & Industrial, Inc. for the Wastewater Treatment Facility Flowmeter Addition in the amount of $29,700. Lock seconded; motion passed 3-0.

C. Approve a supplemental agreement for 2020 with Alliance Water Resources for continued management, operation and maintenance of the City’s wastewater treatment and collection system

Public Works Director Alysen Abel stated that the City had contracted with Alliance Water Resources since 2002. There was no increase proposed in 2020 due to savings in 2019 from a reduction in staff. The agreement would renew for one more one-year term and would expire in 2020, providing an opportunity to consider requesting proposals the following year. Abel said that staff would review the bidding process. The consensus of the Committee was to bid the work after the final renewal expired in 2020.

Rittman moved to recommend that the Board of Aldermen approve the supplemental agreement with Alliance Water Resources for management, operation and maintenance of the City’s wastewater collection system and treatment plant in 2020 in the amount of $305,712. Lock seconded; motion passed 3-0.

D. Approve a purchase order with Dale Brothers, Inc. for salt and sand materials for the 2019/2020 winter season

Draft until adopted by the Finance Committee

Page 2 of 2

Public Works Director Alysen Abel said that salt and sand was purchased annually prior to the winter season to keep the salt dome well stocked. Because of the hard winter, the budget for 2019 was almost used up and the additional cost could cause the line item to be over budget. She noted that the same three companies bid annually and each had a significant increase with the new bids received.

Rittman moved to recommend that the Board of Aldermen approve a purchase order with Dale Brothers, Inc. for salt and sand materials through May 1, 2020, subject to annual appropriations. Lock seconded; motion passed 3-0.

5. NON-ACTION ITEMS

6. UNFINISHED BUSINESS (postponed from prior meetings) 7. OTHER BUSINESS

Public Works Director Alysen Abel said that an item would be presented to the Board of Aldermen to upgrade the electrical panels downtown because of the floods. The quote was received after the packet was distributed and because of the need to have them upgraded soon, she recommended bypassing approval by the Finance Committee. The cost would be approximately $17,000.

Chair Sportsman requested an update on the bid opening for the Platte Landing Park wetlands project, but staff did not have an update. He also noted that the Parkville Nature Sanctuary report presented to the Community Land and Recreation Board mentioned an issue with the Parkville Days carnival and gray water running into the Sullivan Nature Sanctuary. Abel responded that staff engaged North Hills Engineering to look at upgrading the underground system.

Abel said that staff submitted a grant request to the Parkville Old Towne Market Community Improvement District for wayfinder signs downtown, which had been discussed at prior Finance Committee meetings.

Abel said that she and Chair Sportsman met with the ball field designer for Platte Landing Park.

8. ADJOURNMENT

Chair Sportsman adjourned the meeting at 5:17 p.m.

Submitted by: ________________________ ___________ Melissa McChesney Approval Date City Clerk

ITEM 3B For 10-07-19

Board of Aldermen – Finance Committee Meeting

CITY OF PARKVILLE Policy Report

Date: October 3, 2019

Prepared By: Alysen Abel Public Works Director

Reviewed By: Melissa McChesney City Clerk

ISSUE: Approve a payment to Bank Liberty for right-of-way and/or easements associated with the Route 9 Improvements from Highway 45 to Lakeview Drive. BACKGROUND: City staff has been working with George Butler Associates on the design for improvements to Route 9 from Highway 45 to Lakeview Drive. After completion of the right-of-way plans, the City received a notice from the Missouri Department of Transportation that the acquisition for the Route 9 improvements could begin. With the completion of the final plans, the design engineer has determined the required right-of-way, drainage easements, wall easements, utility easements and temporary construction easements needed to construct the improvements. On October 16, 2018, the Board of Aldermen approved an on-call appraisal services agreement with Bliss Associates. A work authorization for the real estate appraisal services and negotiation services for the Route 9 Improvements project was approved on April 2, 2019. A work authorization for the real estate negotiations was approved on May 7, 2019. On June 18, 2019, the Board of Aldermen approved a contract with Right of Way Associates for the third-party review services of the real estate appraisals, in accordance with grant funding requirements. The real estate appraisals are for each of the properties along this Route 9 project area. The appraisals were reviewed and approved by the third party review and are based on fair market value of the property. On September 17, 2019, the Board of Aldermen adopted an ordinance for acquiring property for public improvements; it also authorized the City Administrator or his designees to negotiate with the property owners. The paperwork for the Bank Liberty property has been fully executed and is ready for payment. The payment includes acquisition of the necessary permanent right-of-way, permanent utility, permanent drainage/wall, and temporary construction easements. BUDGET IMPACT: The Transportation Fund (40-525-04-71-00) includes $937,858 for the Route 9 Improvements project. There is funding available to cover this expense. ALTERNATIVES: 1. Approve a payment to property owners for right-of-way and/or easements associated with

the Route 9 improvements from Highway 45 to Lakeview Drive. 2. Provide direction to staff regarding the Route 9 improvements project. 3. Do not approve the payment. 4. Postpone the item.

ITEM 3B For 10-07-19

Board of Aldermen – Finance Committee Meeting

STAFF RECOMMENDATION: Staff recommends approval of the payment to Bank Liberty for acquisition of permanent right-of-way, permanent utility easement, permanent drainage/wall easement, and temporary construction easement. POLICY: The Purchasing Policy, Resolution No. 17-016, requires Board of Aldermen approval for all purchases above $10,000 upon recommendation of the Finance Committee. SUGGESTED MOTION: I move to approve the payment to Bank Liberty for the right-of-way and easements necessary for the Route 9 Improvements project in the amount of $44,800. ATTACHMENT: 1. Payment Letter

ITEM 3C For 10-07-19

Board of Aldermen – Finance Committee Meeting

CITY OF PARKVILLE Policy Report

Date: October 3, 2019

Prepared By: Alysen Abel Public Works Director

Reviewed By: Melissa McChesney City Clerk

ISSUE: Approve a construction agreement with MCON for repair of the streambank and levee along the creek adjacent to the Wastewater Treatment Facility. BACKGROUND: During the flooding in late May/early June, a breech occurred in the levee, which inundated the area around the Wastewater Treatment Facility. Once the flood water subsided, staff was able to evaluate the condition of the levee. Staff requested quotes from three contractors for the work. The contractors provided a time and materials cost to perform the work which allows the City to control the work being done, while keeping the prices low. Since this work is related to the Federal Emergency Management Agency (FEMA) restoration, a contract cap is necessary. Based on the anticipated work, MCON provided the lowest bid. Staff anticipates that the work will be less than $30,000. MCON fixed portions of the levee following the spring rains of 2016 and has familiarity with the area. BUDGET IMPACT: The flood restoration efforts are funded from the Emergency Fund. The City will be reimbursed by FEMA at 75% of the eligible expenses. ALTERNATIVES: 1. Approve a construction agreement with MCON for levee repairs at the Wastewater

Treatment Facility. 2. Provide alternative direction to staff. 3. Do not approve the construction agreement. 4. Postpone the item.

STAFF RECOMMENDATION: Staff recommends the approval of a construction agreement with MCON for the repair of the streambank and levee along the creek adjacent to the Wastewater Treatment Facility in an amount not to exceed $30,000 based on the unit prices provided in their contract. POLICY: The Purchasing Policy, Resolution No. 17-016, requires Board of Aldermen approval for all purchases above $10,000 upon recommendation of the Finance Committee. SUGGESTED MOTION: I move to recommend that the Board of Aldermen approve a construction agreement with MCON for repair of the streambank and levee by the Wastewater Treatment Facility in an amount not to exceed $30,000, based on the unit prices provided in their contact. ATTACHMENT: 1. Draft Construction Agreement

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CITY OF PARKVILLE, MO

AGREEMENT BETWEEN CITY OF PARKVILLE AND CONTRACTOR

FOR WWTF LEVEE SILT REMOVAL

This agreement is made and entered into this 15th day of October, 2019, by and between the City of Parkville, Missouri, (hereinafter the “City”) and M-CON (hereinafter the “Contractor”).

WITNESSETH:

WHEREAS, the City, in the manner prescribed by law, examined and evaluated the Bids submitted, and as a result of this process has, in accordance with the law, determined and declared the Contractor to be the lowest and best responsible bidder for the construction of the public improvements, and has duly selected the Contractor for award of a contract therefor upon the terms and conditions set forth in this Agreement for the sum or sums stated below.

WHEREAS, the City has caused to be prepared, in accordance with the city’s emergency purchasing policy the scope and other documents as identified below and as further defined in the General Conditions(collectively referred to as "the Contract Documents"), for the work therein described, and has approved and adopted these said Contract Documents and has caused to be published, in the manner and for the time required by law, an advertisement inviting sealed Bids for furnishing construction materials, labor, tools, equipment and transportation necessary for, and in connection with, the construction of public improvements in accordance with the terms of this Agreement; and

WHEREAS, the Contractor, in response to the advertisement, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of this Agreement; and

WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and evaluated the Bids submitted, and as a result of this evaluation has, in accordance with the law, determined and declared the Contractor to be the lowest and best responsible bidder for the construction of the public improvements, and has duly selected the Contractor for award of a contract therefor upon the terms and conditions set forth in this Agreement for the sum or sums set forth below.

NOW, THEREFORE, in consideration of the compensation to be paid the Contractor, and of the mutual agreements herein contained, the parties hereto have agreed, and hereby agree, the City for itself and its successors and the Contractor for itself, , its, successors and assigns, as follows:

ARTICLE I. The Contractor will furnish at its own cost and expense all labor, tools, equipment, materials and transportation required to construct and complete the work designated, described and required by the Contract Documents,

Silt removal at the WWTF Levee Wheeled Loader @ $180 per hour Dozer @ $170 per hour Tri axel Dump x 3 @ $315 per hour Total of $665.00 per hour Total Project Not to Exceed $30,000.00

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Work Timeframe: The work will commence once the City issues a notice-to-proceed and the Board of Aldermen have approved the contract. This is a 60 calendar day project from Notice to Proceed. Sequence of Work: The Contractor shall sequence work in such a way as to minimize disruptions to the general public. Work hours shall be restricted to 7 a.m. to 5 p.m. Monday-Friday unless approved otherwise. Flyers shall be hand delivered to all affected residents with information about when the work will be done, what the work involves, who is completing the work, and a contact person for questions. Two sets of flyers shall be completed, one at the beginning of the project with the estimated timeframe and another at least 24 hours in advance of work. Environmental and Safety Requirements: The project shall comply with all local, state, and federal regulations, including but not limited to EPA, OSHA, and Missouri clean water and clean air requirements. Material & Construction Specifications: The material and construction shall follow the KC-APWA specifications as currently adopted. The asphalt shall be virgin mix, APWA Type II or Type III, Asphaltic Surface Mix. The City will provide and pay for material testing by a third party. Construction shall follow current KC-APWA standards. Traffic Control: Traffic Control shall meet all requirements as outlined in the current edition of the Manual for Uniform Traffic Control devices (MUTCD). Traffic control shall be considered subsidiary to other bid items. Any work not specifically outlined, but required shall be considered subsidiary to other bid items.

all in accordance with the Contract Documents, on file with the City Clerk of Parkville, Missouri, all of which are as fully a part hereof as if repeated verbatim herein; all work to be done in a good, substantial and workmanlike manner to the entire satisfaction of the City, and in accordance with the laws of the City, the State of Missouri and the United States of America. All terms used herein shall have the meanings ascribed to them in the General Conditions unless otherwise specified. ARTICLE II. The City shall pay to the Contractor for the performance of the work embraced in this Contract, and the Contractor will accept in full compensation therefor, the sum of THIRTY THOUSAND DOLLARS AND NO/100 ($30,000.00) (subject to adjustment as provided by the Contract Documents) for all work covered by and included in the Contract award and designated in the foregoing Article I, payment thereof to be made in cash or its equivalent and in the manner provided in the Contract Documents. ARTICLE III. The contractor shall commence work upon the date stated in the Notice to Proceed and will complete all work by this Contract by 60 days. Time is of the essence. Accordingly, liquidated damages shall be assessed against Contractor, as stipulated liquidated damages and not as a penalty, in the amount of $100.00 for each and every calendar day the work remains incomplete over the specified completion time. ARTICLE IV. This Agreement shall not become effective, nor shall Contractor commence any work hereunder, until the City has received, and approved, the Certificate of Insurance and Additional Insured-and Notice of Cancellation Endorsements, the fully executed Performance and Payment Bonds with Powers of Attorney, and the list of proposed Subcontractors from Contractor.

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ARTICLE V. This Agreement is entered into, under and pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Missouri.

ARTICLE VI: The following documents are made part of this agreement by reference:

Exhibit A Exhibit A-1 Exhibit B-1 Exhibit B-2 Exhibit B-3 Exhibit C Exhibit D Exhibit E

Exhibit F Exhibit G

Exhibit H

Exhibit I Exhibit J-1 Exhibit J-2 Exhibit J-3

Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O

General Conditions of the Contract Special Conditions of the Contract Performance Bond Payment Bond Maintenance Bond Project Scope Specifications included in Project Scope Contractor's Affidavit Acknowledging Federal Lobbying Activities and Conflict of Interest Prohibition Sales tax exemption documentation forms Contractor's Affidavit of Compliance with Non-Discrimination and Equal Employment Opportunity Laws Affidavit of Compliance with Safety Training Requirements (§292.675 R.S. Mo.) Affidavit of Compliance with R.S. Mo §285.530.6 Applicable Missouri Prevailing Wage Rates Not Applicable Prevailing Wage Rate Reporting Form Not Applicable Certification of Compliance with Prevailing Wage Requirements Not Applicable Insurance Requirements Bill of Sale Bailment Agreement Conditional Partial Waiver of Lien and Release of Claims Conditional Final Waiver of Lien and Release of Claims Certificate of Substantial Completion Certificate of Final Completion Construction Change Directive Change Order

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WITNESS WHEREOF, the City of Parkville, Missouri, has caused this Agreement to be executed on its behalf, thereunto duly authorized, and the said Contractor has executed this contract in the prescribed form and manner, this 1st day of October, 2019.

CITY OF PARKVILLE, MISSOURI

_______________________________________ By: Nanette K. Johnston

Title: Mayor

ATTEST: ____________________________________ Melissa McChesney, City Clerk

M-CON Contractor

By ____________________________________

(SEAL) Title ___________________________________ (If the Contract is not executed by the President of the Corporation or general partner of the partnership, please provide documentation, which authorizes the signatory to bind the corporation or partnership. If a corporation, Contractor shall furnish the City a current certificate of good standing, dated within ten (10) days of the date of this Contract.)

ITEM 3D For 10-07-19

Board of Aldermen – Finance Committee Meeting

CITY OF PARKVILLE Policy Report

Date: October 3, 2019

Prepared By: Alysen Abel Public Works Director

Reviewed By: Melissa McChesney City Clerk

ISSUE: Request to approve a construction agreement with Hi-G Enterprises, LLC for trail reconstruction in the riverfront parks. BACKGROUND: In March 2019, the Missouri River flooded areas of English Landing and Platte Landing parks. The floodwaters deposited several thousand tons of silt in areas of both riverfront parks. With the restoration effort, it is necessary to regrade and reestablish the trails throughout the riverfront parks. In April 2019, staff contacted several companies to provide time and material prices for the construction work. Staff estimated the total project cost relative to these estimates. At the time, MCON was the primary contractor working in the park performing the trail grading. Staff initiated Hi-G Enterprises, who was the second low bidder with the silt grading operations, to assist with the trail grading. This was an effort to have two contractors working concurrently to speed up the restoration efforts. Hi-G Enterprises has the smaller equipment necessary to work on the trails. On September 4, 2019, staff approved a work authorization in the amount of $5,000. Additional work is needed beyond that initial work authorization, which will exceed $10,000. Hi-G Enterprises has provided assistance to the City for several years with the mowing of the wetland area in Platte Landing Park. With the restoration of the park, their staff has stepped in to assist with trail grading and silt grading. BUDGET IMPACT: The Emergency Fund will be used for the expenses related to the flood restoration. It is anticipated that there will be disaster funding available through the Federal Emergency Management Agency which will reimburse the City for about 75% of the expenses incurred. ALTERNATIVES: 1. Approve a construction agreement with Hi-G Enterprises for the trail reconstruction in the

riverfront parks. 2. Do not approve the agreement. 3. Postpone the item.

STAFF RECOMMENDATION: Staff recommends a construction agreement with Hi-G Enterprises for the trail reconstruction in the riverfront parks. They have the capacity to complete the work in a timely manner. In an effort to keep the project moving, a portion of this work has been completed through City staff purchasing approval authority. The total cost of the additional work will likely exceed $10,000. POLICY: The Purchasing Policy, Resolution No. 17-016, requires Board of Aldermen approval for all purchases above $10,000 upon recommendation of the Finance Committee.

ITEM 3D For 10-07-19

Board of Aldermen – Finance Committee Meeting

SUGGESTED MOTION: I move to recommend that the Board of Aldermen approve a construction agreement with Hi-G Enterprises for the trail grading in the riverfront parks in an amount not to exceed $15,000. ATTACHMENT: 1. Draft Construction Agreement

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SMALL CONSTRUCTION SERVICES AGREEMENT MAINTENANCE OR REPAIR

TRAIL RECONSTRUCTION PROJECT

THIS SERVICE AGREEMENT, entered into on this 15th day of October 2019, by and between the CITY OF PARKVILLE, MISSOURI (“City”) and HI-G EXCAVATING, (“Contractor”).

WHEREAS, the City seeks to hire Contractor to provide certain construction services as described in Exhibit "A" to this Agreement (the "Construction Services"); and

WHEREAS, the City has budgeted funds to acquire the services necessary to complete the Construction Services; and

WHEREAS, Contractor has the necessary staff and qualifications to provide the Construction Services to the City.

NOW THEREFORE, IN CONSIDERATION of the mutual covenants and agreements set forth herein, the parties mutually agree as follows:

I. SCOPE OF SERVICES A. The term “Construction Services” when used in this Agreement shall mean any and all labor,

material, equipment, insurance, surety bonds or other thing of value that may be required by this Agreement including its exhibits.

B. The City agrees to retain Contractor and Contractor agrees to perform and complete the Construction Services described in the Exhibit "A" – Scope of Work, attached hereto and incorporated by reference.

C. Service Provider represents it has all necessary skills, personnel, financial capacity, licenses, permits, knowledge, and certifications required to perform the Services described herein.

II. COMPENSATIONA. As consideration for providing the Construction Services, the City shall pay Contractor as set

forth in Exhibit "A". B. Contractor shall submit its invoices to the City either at completion of the Project, or on such

milestone or other interim terms as set forth on Exhibit "A". Contractor's final invoice shall be accompanied by Waivers and Releases of Claim on the forms attached as Exhibit "B-2" to this Agreement, executed by Contractor any all subcontractors with contract values of $5,000 or more, and notarized. If partial payments are authorized on Exhibit "A", then Contractor shall submit partial waivers on the form attached as Exhibit "B-1." The City agrees to pay the balance of an approved invoice, or undisputed portions of a disputed invoice, within 30 days of the date of receipt by the City. In the event of a dispute, and prior to the invoice’s due date, City shall pay the undisputed portion of the invoice and notify Contractor of the nature of the dispute regarding the balance.

C. Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all funds. These records will be made available for audit purposes to the City or any authorized

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representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the City.

III. SCHEDULE

A. Time is of the essence in performance of this Agreement. B. Unless otherwise directed by the City, Contractor shall commence performance of the

Construction Services upon execution of this Agreement. C. Services shall be completed within the schedule set forth on Exhibit "A". D. Neither the City nor the Contractor shall be in default of the Agreement for delays in

performance caused by circumstances beyond the reasonable control of the non-performing party.

E. If Exhibit "A" contains a provision for Liquidated Damages, it shall be because the parties have agreed that late completion of the Construction Services by Contractor would cause irreparable harm to the City, which harm is difficult to quantify; and that the parties have agreed that the amount stated in Exhibit "A" for Liquidated Damages is a fair approximation of the daily costs that the City would incur for late Substantial Completion of the work.

IV. CHANGES A. The City reserves the right issue Changes, both additive and deductive, to the Scope of Work

at the City’s discretion. Contractor shall advise the City of additional costs and time delays, if any, resulting from such Changes, before Contractor performs the Changes. No adjustment to the Contract Time or Contract Price will be permitted unless Contractor has advised the City of the potential impact prior to commencing work on the Change, and the City either issues a Change Order which is agreed to by the parties, or the City directs the Contractor to proceed.

B. Contractor shall provide Construction Services under this Agreement only upon written request of the City and only to the extent defined and required by the City. Any additional services or materials provided by the Contractor without the City’s prior written consent shall be at the Contractor's own risk, cost, and expense, and Contractor shall not make a claim for compensation from the City for such work.

V. INDEMNIFICATION A. Contractor shall indemnify and hold harmless the City and its departments, elected officials,

officers, employees and agents, from and against all liability, suits, actions, proceedings, judgments, claims, losses, damages, and injuries (including attorneys’ fees and other expenses of litigation, arbitration, mediation or appeal), which in whole or in part arise out of or have been connected with Contractor's negligence, error, omission, recklessness, or wrongful or criminal conduct in the performance of Construction Services, including performance by Contractor's employees and agents; or arising from any claim for libel, slander, defamation, copyright infringement, invasion of privacy, piracy and/or plagiarism related to any materials related to materials furnished by Contractor in the course of performance of the work, except to the extent that such claims arise from materials created or supplied by the City.

B. Contractor's obligation to indemnify and hold harmless shall remain in effect and shall be binding on Contractor whether such injury shall accrue, or may be discovered, before or after termination of this Agreement.

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VI. INSURANCE A. Contractor shall secure and maintain, at its expense, through the duration of this Agreement

insurance as set forth on Exhibit "C."

VII. ASSIGNMENT OF AND RESPONSIBILITY FOR PERSONNEL A. Contractor's assignment of personnel to perform the Services shall be subject to the City’s

oversight and general guidance. The City reserves the right to request qualifications and/or reject service from any and all employees of the Contractor.

B. Unless otherwise stated in Exhibit “A”, Contractor shall be represented by a Superintendent or Foreman authorized to give and receive all instruction and notices from and to the City at all times while performing Construction Services, and shall have on site a person who is fluent in all languages necessary to communicate instructions regarding the work and information regarding medical emergencies with Contractor's employees and subcontractors.

C. All of the Construction Services required hereunder will be performed by the Contractor or under Contractor's supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

D. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement including, but not limited to, indemnification, insurance and warranties.

E. Contractor and all subcontractors with a contract value of $5,000 or more shall execute affidavits on the form attached as Exhibit "D", attesting to their compliance with RSMo. § 285.530.5 concerning compliance with Missouri's Worker Eligibility requirements.

F. Contractor and all subcontractors must require all on-site employees to complete the ten-hour construction training program required under Section 292.675 RSMo. unless they have previously completed the program and have documentation of having done so. Contractor shall execute the affidavit attached as Exhibit "E", attesting that it has provided OSHA safety training for its on-site employees. Contractor will forfeit a penalty to the City of $2,500 plus an additional $100 for each employee employed by Contractor or any subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. See Section 292.675 RSMo.

G. No illegal drug or alcohol usage will be tolerated at the Site. All persons admitted to work on the Site will dress appropriately and avoid foul language. Music shall not be played at volume levels that would be objectionable to third-parties. Any worker found by the City to be violating these conduct requirements will be removed immediately.

VIII. WARRANTY A. The Contractor warrants to the City that materials and equipment furnished under the

Contract will be of good quality and new unless the Scope of Work documents require or permit otherwise. The Contractor further warrants that the work will conform to the requirements of the Scope of Work documents and will be free from defects, except for those inherent in the quality of the Work the Scope of Work documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the work not executed by the Contractor or its subcontractors or suppliers, improper or insufficient maintenance or improper operation. If required by the Owner, the

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Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor's warranties required by the Agreement (express and implied) shall remain in full force and effect even if a material or equipment item is required by the Owner to be manufactured by a specific entity, and no other equivalent product manufactured by any other entity is acceptable.

B. The Contractor's warranty in Section IX.A. shall not be construed to replace, change or otherwise limit any statutory or common law warranty rights of the Owner, or any other Contract requirements.

IX. OWNERSHIP OF WORK PRODUCT

Contractor agrees that any documents, materials and/or work products produced in whole or in part by or through it under this Agreement, any intellectual property rights of Contractor therein (collectively the "Works") are intended to be owned by the City. Accordingly, Contractor hereby assigns and agrees to assign to the City all of it right title and interest in and to such Works.

X. RELATIONSHIP OF THE PARTIES

A. Contractor represents that it is an independent contractor and that no personnel performing any of the Construction Services shall be employees of or have any contractual relationship with the City.

XI. NOTICES

A. All notices required by this Agreement shall be in writing, and unless otherwise directed by this Agreement, shall be sent to the addresses as set forth in this Section:

B. Notices sent by Contractor shall be sent to: City of Parkville Attn: City Administrator 8880 Clark Ave. Parkville, MO 64152

C. Notices sent by the City shall be sent to: Hi-G Excavating Dane Hisel, Owner/Operator Hi-G Enterprises, LLC 20900 Humphreys Road Platte City, MO 64079 cdhisel@hisel@gmail.com 816-215-9810

XII. CORRECTION OF WORK

The Contractor shall promptly correct work rejected by the City or failing to conform to the requirements of the Agreement, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for services and expenses of a designer made necessary thereby, shall be at the Contractor’s expense. If the Contractor fails to correct nonconforming Work within ten (10) days after receipt of written notice from the City, the City may correct it at Contractor's expense.

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XIII. TERM AND TERMINATION A. The effective date of this Agreement shall be the date of execution, when the Agreement is

signed by both parties. B. Notwithstanding anything to the contrary in this Agreement or exhibit, the City reserves the

right and may elect to terminate this Agreement at any time, with or without cause, by giving at least ten (10) days’ written notice to the Contractor. The City shall compensate Contractor for the Construction Services that have been completed to the City’s satisfaction as of the date of termination. Contractor shall perform no activities other than reasonable wrap-up activities after receipt of notice of termination.

C. The City may terminate the Agreement for cause if the Contractor 1. refuses or fails to supply enough properly skilled workers or proper materials; 2. fails to make payment to Subcontractors for materials, equipment, services or labor

in accordance with the respective agreements between the Contractor and the Subcontractors;

3. disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority;

4. or its Subcontractors or Sub-subcontractors causes a work stoppage due to any strike, picket, boycott or participates in any voluntary or involuntary cessation of Work; or

5. otherwise is guilty of substantial breach of a provision of the Agreement.

When any of the above reasons exist, the City may without prejudice to any other rights or remedies of the City and after giving the Contractor and the Contractor’s surety, if any, seven (7) days’ written notice, terminate the Agreement and may, subject to any prior rights of the surety, if any:

1. Exclude the Contractor from the Project site and take possession of all materials,

equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

2. Direct the work of subcontractors; and 3. Finish the Work by whatever reasonable method the City may deem expedient. Upon

written request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work.

When the Owner terminates the Agreement for one of the reasons stated in Section XIV. A., the Contractor shall not be entitled to receive further payment until the Work is finished.

If the unpaid balance of the Contract Price exceeds costs of finishing the Work, including compensation for the services and expenses of a designer, and legal, consultant and testing fees made necessary thereby, and other damages incurred by the City and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor or its surety, if any, shall pay the difference to the City upon demand. The obligation for payment, if any, shall survive termination of the Agreement.

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XIV. RESOLUTION OF DISPUTES A. Should the Contractor believe that it is entitled to any relief due to errors, omissions or

defects in the Plans or Specifications, or as a result of any act or omission of an independent contractor designer in connection with the Project, the City shall cooperate with the Contractor by permitting the Contractor to pursue legal action against the designer in the name of the City at Contractor's sole risk and expense as the City would otherwise have against such designer. The City shall pay to Contractor such sums as may be recovered from the designer on behalf of Contractor. Other than this duty of cooperation and remittance, the City shall have no liability or obligation to Contractor for any act, error, omission, negligence or breach of duty by a designer.

B. City and Contractor agree that disputes relative to the Work shall first be addressed by negotiations between the parties. Such negotiations shall take place within thirty (30) days of demand by the party seeking resolution of the dispute. If direct negotiations fail to resolve the dispute, the party initiating the claim that is the basis for the dispute shall be free to take such steps as it deems necessary to protect its interests; provided, however, that notwithstanding any such dispute Contractor shall proceed with the Work as per the Contract Documents as if no dispute existed.

C. In order to preserve its rights to dispute a matter hereunder, the complaining party must submit a written notice to the other party setting forth the basis for its complaint within twenty (20) calendar days following receipt of the decision of the City Public Works Director as to such matter or other action on which the dispute is based. A decision of the City Public Works Director (where appropriate) under GC-7 above; notice of dispute, and direct negotiation, shall be conditions precedent to further action.

D. Arbitration of disputes. 1. Claims, except those waived as provided for elsewhere in this Agreement, which have

not been resolved by the procedures described above, shall be decided by arbitration which, unless the parties mutually agree otherwise, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect at the time of the arbitration. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association.

2. A demand for arbitration may be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations.

3. An arbitration pursuant to this Section may be joined with an arbitration involving common issues of law or fact between the City or Contractor and any person or entity with whom the City or Contractor has a contractual obligation to arbitrate disputes which does not prohibit consolidation or joinder. No other arbitration arising out of or relating to the Contract shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Contract or not a party to an agreement with the City Contractor, except by written consent containing a specific reference to the Agreement signed by the City and Contractor and any other person or entities sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to the Agreement shall be

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specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.

4. Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.

5. Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

XV. MISCELLANEOUS PROVISIONS

A. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Missouri.

B. Assignability. Contractor shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or invitation), without the prior written consent of the City thereto. Provided, however, that the claims for money by Contractor from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City.

C. Media Announcements. Contractor shall not be authorized to make statements to the media or otherwise on behalf of the City without express direction and consent of the City

D. Compliance with Local Laws. Contractor shall comply with all applicable laws, ordinances, and codes of the State of Missouri and local governments, and shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Agreement.

E. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:

i. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, religion, or sex. Service Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, religion, or sex. 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.

ii. Contractor will, in all solicitation or advertisements for employees placed by or on behalf of Professional, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, religion, or sex.

iii. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

F. Interest of Members of a City. No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of this Agreement, shall have any personal financial interest, direct or indirect, in this Agreement, and Contractor shall take appropriate steps to assure compliance.

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G. Interest of Contractor and Employees. Contractor covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

H. Entire Agreement. This Agreement represents the entire Agreement and understanding between the parties, and this Agreement supersedes any prior negotiations, proposals, or agreements. Unless otherwise provided in this Agreement, any amendment to this Agreement shall be in writing and shall be signed by the City and Contractor, and attached hereto.

I. Severability. If any part, term or provision of this Agreement, or any attachments or amendments hereto, is declared invalid, void, or enforceable, all remaining parts, terms, and provisions shall remain in full force and effect.

J. Waiver. The failure of either party to require performance of this Agreement shall not affect such party’s right to enforce the same. A waiver by either party of any provision of breach of this Agreement shall be in writing. A written waiver shall not affect the waiving party’s rights with respect to any other provision or breach.

K. Third Parties. The Services to be performed by the Contractor are intended solely for the benefit for the City. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any person or entity not a signatory to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written.

CITY OF PARKVILLE, MISSOURI

By: __________________________ Nanette K. Johnston, Mayor

ATTEST:

______________________ Melissa McChesney, City Clerk

HI-G EXCAVATING

By: ______________________________ Dane Hisel, Owner/Operator

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Exhibit A

Scope of Work and Pricing

Trail Reconstruction in English Landing Park and Platte Landing Park

The City of Parkville will provide the trail material for the reconstruction.

Skid Steer/Operator @ $95.00 per hour

Contract Not to Exceed $15,000.00

ITEM 3E For 10-07-19

Board of Aldermen – Finance Committee Meeting

CITY OF PARKVILLE Policy Report

Date: October 3, 2019

Prepared By: Alysen Abel Public Works Director

Reviewed By: Melissa McChesney City Clerk

ISSUE: Request to approve a construction agreement with Hi-G Enterprises, LLC for silt grading in the riverfront parks. BACKGROUND: In March 2019, the Missouri River flooded areas of English Landing and Platte Landing parks. The floodwaters deposited several thousand tons of silt in areas of both riverfront parks. With the restoration effort, it is necessary to remove the silt from the park. Staff has started clearing the silt in Platte Landing Park, including the access drive, parking lot and boat ramp. In April 2019, staff contacted several companies to provide time and material prices for the work. Staff estimated the total project cost relative to these estimates. On May 7, 2019, the Board of Aldermen approved a construction agreement with MCON for the silt grading in the riverfront parks. Since that time, they have been scheduling work around other priorities. In an effort to make the grading a priority, staff contacted the second low bidder, Hi-G Enterprises, who had more capacity to perform the work in a timely manner. They agreed to honor the pricing structure that MCON originally quoted. Hi-G Enterprises has provided assistance to the City for several years with the mowing of the wetland area in Platte Landing Park. With the restoration of the park, their staff has stepped in to assist with trail grading and silt grading. BUDGET IMPACT: The Emergency Fund will be used for the expenses related to the flood restoration. It is anticipated that there will be disaster funding available through the Federal Emergency Management Agency which will reimburse the City for about 75% of the expenses incurred. ALTERNATIVES: 1. Approve a construction agreement with Hi-G Enterprises for the silt grading in the riverfront

parks. 2. Do not approve the agreement. 3. Postpone the item.

STAFF RECOMMENDATION: Staff recommends a construction agreement with Hi-G Enterprises for the silt grading in the riverfront park. They have the capacity to complete the work in a timely manner. In an effort to keep the project moving, a portion of this work has been completed through City staff purchasing approval authority. The total cost of the work will likely exceed $10,000. POLICY: The Purchasing Policy, Resolution No. 17-016, requires Board of Aldermen approval for all purchases above $10,000 upon recommendation of the Finance Committee.

ITEM 3E For 10-07-19

Board of Aldermen – Finance Committee Meeting

SUGGESTED MOTION: I move to recommend that the Board of Aldermen approve a construction agreement with Hi-G Enterprises for the silt grading in the riverfront parks in an amount not to exceed $19,500. ATTACHMENT: 1. Draft Construction Agreement

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SMALL CONSTRUCTION SERVICES AGREEMENT MAINTENANCE OR REPAIR

SILT REMOVAL PROJECT

THIS SERVICE AGREEMENT, entered into on this 15th day of October 2019, by and between the CITY OF PARKVILLE, MISSOURI (“City”) and HI-G EXCAVATING, (“Contractor”).

WHEREAS, the City seeks to hire Contractor to provide certain construction services as described in Exhibit "A" to this Agreement (the "Construction Services"); and

WHEREAS, the City has budgeted funds to acquire the services necessary to complete the Construction Services; and

WHEREAS, Contractor has the necessary staff and qualifications to provide the Construction Services to the City.

NOW THEREFORE, IN CONSIDERATION of the mutual covenants and agreements set forth herein, the parties mutually agree as follows:

I. SCOPE OF SERVICES A. The term “Construction Services” when used in this Agreement shall mean any and all labor,

material, equipment, insurance, surety bonds or other thing of value that may be required by this Agreement including its exhibits.

B. The City agrees to retain Contractor and Contractor agrees to perform and complete the Construction Services described in the Exhibit "A" – Scope of Work, attached hereto and incorporated by reference.

C. Service Provider represents it has all necessary skills, personnel, financial capacity, licenses, permits, knowledge, and certifications required to perform the Services described herein.

II. COMPENSATIONA. As consideration for providing the Construction Services, the City shall pay Contractor as set

forth in Exhibit "A". B. Contractor shall submit its invoices to the City either at completion of the Project, or on such

milestone or other interim terms as set forth on Exhibit "A". Contractor's final invoice shall be accompanied by Waivers and Releases of Claim on the forms attached as Exhibit "B-2" to this Agreement, executed by Contractor any all subcontractors with contract values of $5,000 or more, and notarized. If partial payments are authorized on Exhibit "A", then Contractor shall submit partial waivers on the form attached as Exhibit "B-1." The City agrees to pay the balance of an approved invoice, or undisputed portions of a disputed invoice, within 30 days of the date of receipt by the City. In the event of a dispute, and prior to the invoice’s due date, City shall pay the undisputed portion of the invoice and notify Contractor of the nature of the dispute regarding the balance.

C. Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all funds. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the City.

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III. SCHEDULE

A. Time is of the essence in performance of this Agreement. B. Unless otherwise directed by the City, Contractor shall commence performance of the

Construction Services upon execution of this Agreement. C. Services shall be completed within the schedule set forth on Exhibit "A". D. Neither the City nor the Contractor shall be in default of the Agreement for delays in

performance caused by circumstances beyond the reasonable control of the non-performing party.

E. If Exhibit "A" contains a provision for Liquidated Damages, it shall be because the parties have agreed that late completion of the Construction Services by Contractor would cause irreparable harm to the City, which harm is difficult to quantify; and that the parties have agreed that the amount stated in Exhibit "A" for Liquidated Damages is a fair approximation of the daily costs that the City would incur for late Substantial Completion of the work.

IV. CHANGES A. The City reserves the right issue Changes, both additive and deductive, to the Scope of Work

at the City’s discretion. Contractor shall advise the City of additional costs and time delays, if any, resulting from such Changes, before Contractor performs the Changes. No adjustment to the Contract Time or Contract Price will be permitted unless Contractor has advised the City of the potential impact prior to commencing work on the Change, and the City either issues a Change Order which is agreed to by the parties, or the City directs the Contractor to proceed.

B. Contractor shall provide Construction Services under this Agreement only upon written request of the City and only to the extent defined and required by the City. Any additional services or materials provided by the Contractor without the City’s prior written consent shall be at the Contractor's own risk, cost, and expense, and Contractor shall not make a claim for compensation from the City for such work.

V. INDEMNIFICATION A. Contractor shall indemnify and hold harmless the City and its departments, elected officials,

officers, employees and agents, from and against all liability, suits, actions, proceedings, judgments, claims, losses, damages, and injuries (including attorneys’ fees and other expenses of litigation, arbitration, mediation or appeal), which in whole or in part arise out of or have been connected with Contractor's negligence, error, omission, recklessness, or wrongful or criminal conduct in the performance of Construction Services, including performance by Contractor's employees and agents; or arising from any claim for libel, slander, defamation, copyright infringement, invasion of privacy, piracy and/or plagiarism related to any materials related to materials furnished by Contractor in the course of performance of the work, except to the extent that such claims arise from materials created or supplied by the City.

B. Contractor's obligation to indemnify and hold harmless shall remain in effect and shall be binding on Contractor whether such injury shall accrue, or may be discovered, before or after termination of this Agreement.

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VI. INSURANCE A. Contractor shall secure and maintain, at its expense, through the duration of this Agreement

insurance as set forth on Exhibit "C."

VII. ASSIGNMENT OF AND RESPONSIBILITY FOR PERSONNEL A. Contractor's assignment of personnel to perform the Services shall be subject to the City’s

oversight and general guidance. The City reserves the right to request qualifications and/or reject service from any and all employees of the Contractor.

B. Unless otherwise stated in Exhibit “A”, Contractor shall be represented by a Superintendent or Foreman authorized to give and receive all instruction and notices from and to the City at all times while performing Construction Services, and shall have on site a person who is fluent in all languages necessary to communicate instructions regarding the work and information regarding medical emergencies with Contractor's employees and subcontractors.

C. All of the Construction Services required hereunder will be performed by the Contractor or under Contractor's supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

D. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement including, but not limited to, indemnification, insurance and warranties.

E. Contractor and all subcontractors with a contract value of $5,000 or more shall execute affidavits on the form attached as Exhibit "D", attesting to their compliance with RSMo. § 285.530.5 concerning compliance with Missouri's Worker Eligibility requirements.

F. Contractor and all subcontractors must require all on-site employees to complete the ten-hour construction training program required under Section 292.675 RSMo. unless they have previously completed the program and have documentation of having done so. Contractor shall execute the affidavit attached as Exhibit "E", attesting that it has provided OSHA safety training for its on-site employees. Contractor will forfeit a penalty to the City of $2,500 plus an additional $100 for each employee employed by Contractor or any subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. See Section 292.675 RSMo.

G. No illegal drug or alcohol usage will be tolerated at the Site. All persons admitted to work on the Site will dress appropriately and avoid foul language. Music shall not be played at volume levels that would be objectionable to third-parties. Any worker found by the City to be violating these conduct requirements will be removed immediately.

VIII. WARRANTY A. The Contractor warrants to the City that materials and equipment furnished under the

Contract will be of good quality and new unless the Scope of Work documents require or permit otherwise. The Contractor further warrants that the work will conform to the requirements of the Scope of Work documents and will be free from defects, except for those inherent in the quality of the Work the Scope of Work documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the work not executed by the Contractor or its subcontractors or suppliers, improper or insufficient maintenance or improper operation. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor's warranties required by the Agreement (express and implied)

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shall remain in full force and effect even if a material or equipment item is required by the Owner to be manufactured by a specific entity, and no other equivalent product manufactured by any other entity is acceptable.

B. The Contractor's warranty in Section IX.A. shall not be construed to replace, change or otherwise limit any statutory or common law warranty rights of the Owner, or any other Contract requirements.

IX. OWNERSHIP OF WORK PRODUCT

Contractor agrees that any documents, materials and/or work products produced in whole or in part by or through it under this Agreement, any intellectual property rights of Contractor therein (collectively the "Works") are intended to be owned by the City. Accordingly, Contractor hereby assigns and agrees to assign to the City all of it right title and interest in and to such Works.

X. RELATIONSHIP OF THE PARTIES

A. Contractor represents that it is an independent contractor and that no personnel performing any of the Construction Services shall be employees of or have any contractual relationship with the City.

XI. NOTICES

A. All notices required by this Agreement shall be in writing, and unless otherwise directed by this Agreement, shall be sent to the addresses as set forth in this Section:

B. Notices sent by Contractor shall be sent to: City of Parkville Attn: City Administrator 8880 Clark Ave. Parkville, MO 64152

C. Notices sent by the City shall be sent to: Hi-G Excavating Dane Hisel, Owner/Operator Hi-G Enterprises, LLC 20900 Humphreys Road Platte City, MO 64079 cdhisel@hisel@gmail.com 816-215-9810

XII. CORRECTION OF WORK

The Contractor shall promptly correct work rejected by the City or failing to conform to the requirements of the Agreement, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for services and expenses of a designer made necessary thereby, shall be at the Contractor’s expense. If the Contractor fails to correct nonconforming Work within ten (10) days after receipt of written notice from the City, the City may correct it at Contractor's expense.

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XIII. TERM AND TERMINATION A. The effective date of this Agreement shall be the date of execution, when the Agreement is

signed by both parties. B. Notwithstanding anything to the contrary in this Agreement or exhibit, the City reserves the

right and may elect to terminate this Agreement at any time, with or without cause, by giving at least ten (10) days’ written notice to the Contractor. The City shall compensate Contractor for the Construction Services that have been completed to the City’s satisfaction as of the date of termination. Contractor shall perform no activities other than reasonable wrap-up activities after receipt of notice of termination.

C. The City may terminate the Agreement for cause if the Contractor 1. refuses or fails to supply enough properly skilled workers or proper materials; 2. fails to make payment to Subcontractors for materials, equipment, services or labor

in accordance with the respective agreements between the Contractor and the Subcontractors;

3. disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority;

4. or its Subcontractors or Sub-subcontractors causes a work stoppage due to any strike, picket, boycott or participates in any voluntary or involuntary cessation of Work; or

5. otherwise is guilty of substantial breach of a provision of the Agreement.

When any of the above reasons exist, the City may without prejudice to any other rights or remedies of the City and after giving the Contractor and the Contractor’s surety, if any, seven (7) days’ written notice, terminate the Agreement and may, subject to any prior rights of the surety, if any:

1. Exclude the Contractor from the Project site and take possession of all materials,

equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

2. Direct the work of subcontractors; and 3. Finish the Work by whatever reasonable method the City may deem expedient. Upon

written request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work.

When the Owner terminates the Agreement for one of the reasons stated in Section XIV. A., the Contractor shall not be entitled to receive further payment until the Work is finished.

If the unpaid balance of the Contract Price exceeds costs of finishing the Work, including compensation for the services and expenses of a designer, and legal, consultant and testing fees made necessary thereby, and other damages incurred by the City and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor or its surety, if any, shall pay the difference to the City upon demand. The obligation for payment, if any, shall survive termination of the Agreement.

XIV. RESOLUTION OF DISPUTES A. Should the Contractor believe that it is entitled to any relief due to errors, omissions or

defects in the Plans or Specifications, or as a result of any act or omission of an independent contractor designer in connection with the Project, the City shall cooperate with the

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Contractor by permitting the Contractor to pursue legal action against the designer in the name of the City at Contractor's sole risk and expense as the City would otherwise have against such designer. The City shall pay to Contractor such sums as may be recovered from the designer on behalf of Contractor. Other than this duty of cooperation and remittance, the City shall have no liability or obligation to Contractor for any act, error, omission, negligence or breach of duty by a designer.

B. City and Contractor agree that disputes relative to the Work shall first be addressed by negotiations between the parties. Such negotiations shall take place within thirty (30) days of demand by the party seeking resolution of the dispute. If direct negotiations fail to resolve the dispute, the party initiating the claim that is the basis for the dispute shall be free to take such steps as it deems necessary to protect its interests; provided, however, that notwithstanding any such dispute Contractor shall proceed with the Work as per the Contract Documents as if no dispute existed.

C. In order to preserve its rights to dispute a matter hereunder, the complaining party must submit a written notice to the other party setting forth the basis for its complaint within twenty (20) calendar days following receipt of the decision of the City Public Works Director as to such matter or other action on which the dispute is based. A decision of the City Public Works Director (where appropriate) under GC-7 above; notice of dispute, and direct negotiation, shall be conditions precedent to further action.

D. Arbitration of disputes. 1. Claims, except those waived as provided for elsewhere in this Agreement, which have

not been resolved by the procedures described above, shall be decided by arbitration which, unless the parties mutually agree otherwise, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect at the time of the arbitration. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association.

2. A demand for arbitration may be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations.

3. An arbitration pursuant to this Section may be joined with an arbitration involving common issues of law or fact between the City or Contractor and any person or entity with whom the City or Contractor has a contractual obligation to arbitrate disputes which does not prohibit consolidation or joinder. No other arbitration arising out of or relating to the Contract shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Contract or not a party to an agreement with the City Contractor, except by written consent containing a specific reference to the Agreement signed by the City and Contractor and any other person or entities sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to the Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.

4. Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded.

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5. Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

XV. MISCELLANEOUS PROVISIONS

A. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Missouri.

B. Assignability. Contractor shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or invitation), without the prior written consent of the City thereto. Provided, however, that the claims for money by Contractor from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City.

C. Media Announcements. Contractor shall not be authorized to make statements to the media or otherwise on behalf of the City without express direction and consent of the City

D. Compliance with Local Laws. Contractor shall comply with all applicable laws, ordinances, and codes of the State of Missouri and local governments, and shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Agreement.

E. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:

i. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, religion, or sex. Service Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, religion, or sex. 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.

ii. Contractor will, in all solicitation or advertisements for employees placed by or on behalf of Professional, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, religion, or sex.

iii. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

F. Interest of Members of a City. No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of this Agreement, shall have any personal financial interest, direct or indirect, in this Agreement, and Contractor shall take appropriate steps to assure compliance.

G. Interest of Contractor and Employees. Contractor covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his/her services hereunder. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

8

H. Entire Agreement. This Agreement represents the entire Agreement and understanding between the parties, and this Agreement supersedes any prior negotiations, proposals, or agreements. Unless otherwise provided in this Agreement, any amendment to this Agreement shall be in writing and shall be signed by the City and Contractor, and attached hereto.

I. Severability. If any part, term or provision of this Agreement, or any attachments or amendments hereto, is declared invalid, void, or enforceable, all remaining parts, terms, and provisions shall remain in full force and effect.

J. Waiver. The failure of either party to require performance of this Agreement shall not affect such party’s right to enforce the same. A waiver by either party of any provision of breach of this Agreement shall be in writing. A written waiver shall not affect the waiving party’s rights with respect to any other provision or breach.

K. Third Parties. The Services to be performed by the Contractor are intended solely for the benefit for the City. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any person or entity not a signatory to this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written.

CITY OF PARKVILLE, MISSOURI

By: __________________________ Nanette K. Johnston, Mayor

ATTEST:

______________________ Melissa McChesney, City Clerk

HI-G EXCAVATING

By: ______________________________ Dane Hisel, Owner/Operator

9

Exhibit A

Scope of Work and Pricing

Leveling Sand Accumulated from the Flooding in English Landing Park

Skid Steer/Operator @ $95.00 per hour

Dozer/Operator @ $170.00 per hour

Mini Excavator/Operator @ $105.00 per hour

Contract Not to Exceed $19,500.00

ITEM 3F For 10-07-19

Board of Aldermen – Finance Committee Meeting

CITY OF PARKVILLE Policy Report

Date: November 20, 2018 Prepared By: Alysen Abel Public Works Director

Reviewed By: Melissa McChesney City Clerk

ISSUE: Renew the intergovernmental agreement with the Mid-America Regional Council Solid Waste Management District for the 2020 Regional Household Hazardous Waste Collection Program. BACKGROUND: The City has historically participated in the Regional Household Hazardous Waste (HHW) Collection Program administered by the Mid-America Regional Council (MARC) Solid Waste Management District. The program is subject to annual renewal on or before December 15th each year. The program allows Parkville residents to access permanent collection sites in Lee’s Summit and Kansas City for proper disposal of HHW including paint, household cleaners, automotive fluids, pesticides, batteries and similar materials. The program also accommodates outreach collection sites throughout the region. Parkville hosts events on the even-numbered years. The next HHW event will be held in Parkville in 2020. BUDGET IMPACT: The program fee is based on a per capita rate using 2018 Census population estimates. The 2019 fee was based on a per capita rate of $1.07 with a total program fee of $7,246.04. The per capita rate will remain the same from 2019 to 2020. The proposed 2020 fee is based on a per capita rate of $1.07 with a total program fee of $7,435.43. The new fee is programmed into the 2020 budget. ALTERNATIVES: 1. Recommend that the Board of Aldermen adopt an ordinance to renew the intergovernmental

agreement with the MARC Solid Waste Management District for the 2020 Regional Household Hazardous Waste Collection Program.

2. Do not approve the agreement and provide further direction to staff. 3. Postpone this item. STAFF RECOMMENDATION: Staff recommends renewing the intergovernmental agreement with the MARC Solid Waste Management District for the 2020 Regional Household Hazardous Waste Collection Program. POLICY: Intergovernmental agreements require an ordinance. SUGGESTED MOTION: I move to recommend that the Board of Aldermen adopt an ordinance to approve an intergovernmental agreement with the Mid-America Regional Council Solid Waste Management District for the 2020 Regional Household Hazardous Waste Collection Program.

ITEM 3F For 10-07-19

Board of Aldermen – Finance Committee Meeting

ATTACHMENTS: 1. Draft Ordinance 2. 2020 Renewal Letter 3. Intergovernmental Agreement 4. Cost by Population

Ord. No. #### Page 1 of 1

BILL NO. ____ ORDINANCE NO. ____ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE MID-AMERICA REGIONAL COUNCIL SOLID WASTE MANAGEMENT DISTRICT FOR THE 2020 REGIONAL HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, the City has historically participated in the Regional Household Hazardous Waste (HHW) Collection Program administered by the Mid-America Regional Council Solid Waste Management District; and WHEREAS, Cass, Clay, Jackson, Platte, and Ray Counties and the City of Kansas City have formed the MARC Solid Waste Management District (SWMD) pursuant to Sections 260.300 through 260.345 of the Revised Statues of Missouri (1986 & Cum. Supp. 1990) and the members of the SWMD include most cities within the member counties; and WHEREAS, the Program is subject to annual renewal on or before December 15th each year; and WHEREAS, the Program allows Parkville residents to access a permanent Household Hazardous Waste facilities located in Kansas City and Lee’s Summit for proper disposal of HHW products and accommodates outreach collection sites throughout the region. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PARKVILLE, MISSOURI AS FOLLOWS: Section 1. The Mayor is hereby authorized to sign an intergovernmental agreement, attached hereto and incorporated herein by reference, with the Mid-America Regional Council Solid Waste Management District for the 2020 Regional Household Hazardous Waste Collection Program in the amount of $7,435.43. Section 2. This ordinance shall be in effect immediately upon its passage and approval. PASSED and APPROVED this 5th day of November 2019. _______________________ Mayor Nanette K. Johnston ATTESTED: ____________________________ City Clerk Melissa McChesney

September 27, 2019 Re: 2020 Regional Household Hazardous Waste (HHW) Program The MARC Solid Waste Management District has administered the Regional HHW Collection Program for 23 years. We are pleased that this program continues to make possible the safe disposal of household hazardous waste to thousands of residents. Program membership provide residents access to two permanent facilities in Kansas City and Lee’s Summit, and to multiple mobile collections. The Lee’s Summit facility is now open three days a week year-round, with an appointment. Materials accepted for safe disposal include paint and paint-related products, automotive fluids, batteries, lawn and garden chemicals, housecleaners, fluorescent bulbs, and other items such as bug spray, nail polish, and oven cleaner. The 2020 participation fee will be $1.07 per capita and will be applied to 2018 population estimates. This is the same rate as last year. A community cost list is attached to the agreement enclosed. The program is also supported with a grant from the Missouri Department of Natural Resources to help with disposal costs. If you are interested in providing this service to your residents in 2020, please return the signed agreement to the MARC office by Friday, December 13, 2019. We look forward to serving your community. Please contact Nadja Karpilow at (816) 701-8226 if you have any questions. District staff is available to speak to your city council or county commissioners if further information is requested. Sincerely,

Marie Steiner Chair, MARC Solid Waste Management District

MARC Solid Waste

Management District

Serving local governments in

Cass, Clay, Jackson, Platte and

Ray Counties and working

cooperatively with Johnson,

Leavenworth, Miami and

Wyandotte Counties

Executive Board

Appointed:

Forest Decker

City of Kansas City

Jimmy Odom

Cass County

Gene Owen

Clay County

Matthew Willier

Jackson County

Daniel Erickson

Platte County

Bob King

Ray County

Elected:

Marie Steiner, Chair

City of Kearney

Doug Wylie, Vice Chair

City of Parkville

Mike Jackson

City of Independence

Chris Bussen

City of Lee’s Summit

Mike Larson

City of Sugar Creek

David Gress

City of Raymore

Matthew Wright

City of Blue Springs

Leslee Rivarola

City of Lake Lotawana

Ex Officio:

Lisa McDaniel, Planner

Secretary/Treasurer

2020

Intergovernmental Agreement between the MARC Solid Waste Management District and

Parkville, Missouri relating to the Regional Household Hazardous Waste Collection Program

This Agreement is entered into pursuant to Missouri Revised Statutes Section 70.210 et seq. Whereas, Cass, Clay, Jackson, Platte, and Ray Counties and the City of Kansas City have formed the

MARC Solid Waste Management District (SWMD) pursuant to Sections 260.300 through 260.345 of the Revised Statues of Missouri (1986 & Cum. Supp. 1990) and the members of the SWMD include most cities within the member counties; and

Whereas the City of Kansas City, Missouri (Kansas City) operates a permanent Household Hazardous

Waste facility located at 4707 Deramus, Kansas City, Missouri, and operates outreach sites for collection of Household Hazardous Waste (HHW) at various locations and on various dates; and

Whereas, the City of Lee's Summit, Missouri operates a permanent Household Hazardous Waste Facility

located at 2101 SE Hamblen Road, Lee's Summit; and Whereas, Kansas City and Lee's Summit have made these HHW collection facilities available for use by

members of the SWMD and the SWMD, Kansas City and Lee's Summit have agreed to create a regional household hazardous waste program for the benefit of all members of the SWMD; and

Whereas Parkville, Missouri (sometimes referred to in this Agreement as the "Participating Member")

intends to participate in the Regional HHW Collection Program; Therefore, the SWMD and the Participating Member agree that participation in the Regional HHW

Collection Program shall be on the following terms and conditions: I Definitions Household Hazardous Waste (HHW) shall mean waste that would be classified as hazardous waste by 40

CFR 261.20 through 261.35 but that is exempt under 40 CFR 261.4 (b) (1) (made applicable in Missouri by 10 CSR 25-4.261) because it is generated by households. Examples include paint products, household cleaners, automotive fluids, pesticides, batteries, and similar materials. A determination of whether any material meets this definition shall be made by Kansas City.

II Effective Date Parkville, Missouri agrees to participate in the Regional HHW Collection Program for a one-year period

beginning on January 1, 2020. III Termination A. Budget Limitations. This Agreement and all obligations of the Participating Member and the SWMD

arising therefrom shall be subject to any limitation imposed by budget law. The parties represent that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed and sufficient funds for the purpose of maintaining this Agreement. This Agreement shall be deemed to terminate by operation of law on the date of expiration of funding.

B. Termination of regional program. If the regional household hazardous waste program is terminated

prior to the expiration of this Agreement, the SWMD shall refund the amount paid by the participating member, less the cost of services provided prior to termination of the regional program. The cost of services shall be assessed at seventy-five dollars ($75.00) for each vehicle belonging to a resident of the participating member that has been served prior to the termination of the program, not to exceed the amount paid by the participating member.

C. Each participating member will be required to notify the SWMD, Kansas City and Lee’s Summit in writing of its intention to renew the annual agreement for the following year no later than December 15. In the event that notification is not provided in advance or the final decision is made to not rejoin the program for the upcoming year, the participating member is responsible for any costs incurred by Kansas City and/or Lee’s Summit to serve residents after December 31. Kansas City and SWMD reserve the right to invoice the member city or county for any waste disposal costs incurred as a result of late notification.

IV Duties of Participating Member

A. Fees. Parkville, Missouri agrees to pay the sum of $7,435.43 to participate in the 2020 Regional HHW Collection Program for the period from January 1 to December 31. The program participation fee is based on a per capita rate of $1.07 applied to 2018 U.S. Census Population Estimate figures as shown in Attachment One. The fee may be adjusted if a participating member has more current census data. At least one-half of this amount shall be paid within thirty (30) days upon receiving the district invoice Payment of any remaining balance shall be paid within the following six months.

B. Payment. The Participating Member shall be obligated for payment of the amount shown in Paragraph IV(A) irrespective of the participation of its citizens, or of any actual expenses incurred by the SWMD, Kansas City, or Lee's Summit attributable to the Participating Member, except in the event of termination of the regional program, as reflected in III(B) above. Payment by the Participating Member of the agreed upon amount shall not be contingent upon renewal of this Agreement or renewal of the Agreement between the SWMD and Kansas City or Lee's Summit.

Annual Renewal. The agreement between the SWMD and the Participating Member will be subject

to renewal each year. To assure community information is included in the printed promotional material, agreements will be due no later than February 1, 2020. No pro ration of fees is applicable under this agreement.

C. Contact Person. The Participating Member agrees to notify the SWMD and Kansas City, on or

before the date of this Agreement, of the name of an individual who will serve as its contact person with respect to the Regional HHW Collection Program.

V Services Provided by the SWMD A. Permanent Collection Facilities. HHW collection services shall be provided by Kansas City and Lee's

Summit pursuant to agreements entered into between the SWMD and Kansas City, and the SWMD and Lee's Summit. Pursuant to those agreements, residents of the Participating Member may deliver HHW, by appointment, if required, and during normal hours of operation, to the Kansas City permanent HHW facility and to the Lee's Summit permanent HHW facility.

B. Outreach Collections. Pursuant to the agreement between the SWMD and Kansas City, Kansas City

has also agreed to provide contractor services for the collection of HHW at outreach collection sites throughout the SWMD area. Residents of the Participating Member will be able to deliver HHW to outreach collection sites, the dates and locations of which will be negotiated by the SWMD and Kansas City. If, at the request of a Participating Member, an outreach collection is held within its boundaries, the Participating Member agrees that Kansas City or the contractor shall have overall control of the collection activities but the Participating Member shall provide the following:

▪ adequate and safe sites with unobstructed public access; ▪ access to restroom facilities and drinking water ▪ adequate publicity of the date and location of the mobile collection; ▪ a means for the collection, removal and disposal of any wastes that do not meet the definition of

hazardous waste; ▪ volunteers or workers to conduct traffic control, survey participating residents, stack latex paint

and automotive batteries, and assist with non-hazardous waste removal and bulking of motor oil;

▪ means of limiting the vehicles to a number negotiated by Kansas City and the SWMD (estimated to be either 200, 300, or 400 vehicles per outreach collection);

▪ a forklift and forklift operator available at the opening and closing of the event; and

▪ access to residents of any city or county that is also a participating member. VI Reports The SWMD will provide to the Participating Member quarterly reports on the operations of the Kansas

City and Lee's Summit permanent facilities and on the operations of the outreach collections, based on information provided to the SWMD by Kansas City and Lee's Summit. The quarterly reports shall include the following information:

• Total number vehicles using each facility (permanent or mobile) on a quarterly basis;

• Number of vehicles from each participating member using the facility;

• An end-of-the-year summary report including waste composition and disposition.

• Each program year the district will provide brochures which include facility hours of operation, mobile event schedule, and contact information

VII Insurance A. Insurance. The SWMD agrees that, pursuant to the terms of its Agreement with Kansas City,

Kansas City shall maintain liability insurance related to the outreach collection sites under which the community where the site is located shall be named as an additional insured.

VIII Legal Jurisdiction Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the

parties. MARC Solid Waste Management District: Participating Member:

_______________________________ Date: _____ ______________________________ Date :_____ Marie Steiner, Chair _______________________________ Print Name _______________________________ Print Title

Attachment 1 2018 $1.07

Community Population Estimates per capita

Archie 1,207 1,291.49$

Belton 23,598 25,249.86$

Blue Springs 55,104 58,961.28$

Buckner 3,031 3,243.17$

Camden Point 546 584.22$

Claycomo Village 1,494 1,598.58$

Cleveland 663 709.41$

Dearborn 526 562.82$

Drexel 949 1,015.43$

Edgerton 606 648.42$

Excelsior Springs 11,646 12,461.22$

Ferrelview 801 857.07$

Garden City 1,635 1,749.45$

Gladstone 27,317 29,229.19$

Glenaire 581 621.67$

Grain Valley 14,277 15,276.39$

Grandview 24,962 26,709.34$

Greenwood 5,781 6,185.67$

Hardin 537 574.59$

Harrisonville 10,088 10,794.16$

Kearney 10,457 11,188.99$

Lake Lotawana 2,107 2,254.49$

Lake Tapawingo 721 771.47$

Lake Waukomis 927 991.89$

Lake Winnebago 1,187 1,270.09$

Lawson 2,399 2,566.93$

Liberty 31,779 34,003.53$

Loch Lloyd 768 821.76$

Lone Jack 1,306 1,397.42$

North Kansas City 4,529 4,846.03$

Oak Grove 8,182 8,754.74$

Orrick 803 859.21$

Parkville 6,949 7,435.43$

Peculiar 5,323 5,695.61$

Platte City 4,668 4,994.76$

Pleasant Hill 8,639 9,243.73$

Pleasant Valley 3,057 3,270.99$

Raymore 21,784 23,308.88$

Raytown 28,993 31,022.51$

Richmond 5,634 6,028.38$

Riverside 3,453 3,694.71$

Smithville 10,249 10,966.43$

Sugar Creek 3,277 3,506.39$

Weatherby Lake 2,037 2,179.59$

Weston 1,808 1,934.56$

Wood Heights 685 732.95$

Unincorporated Cass County 25,166 26,927.62$

Unincorporated Clay County 16,157 17,287.99$

Unincorporated Jackson Co. 23,018 24,629.26$

Unincorporated Platte County 29,159 31,200.13$

Unincorporated Ray County 11,440 12,240.80$

Source: marc.org/data&economy/MetroDataline/Currentpopulationdata

2020 Regional Household Hazardous Waste Collection Program