Request for Bids for Grave Opening In City of Fulton Cemeteries

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1 Request for Bids for Grave Opening In City of Fulton Cemeteries This is RFB is for professional services and while cost of service is an important component, it is not the sole determining factor. Bids will be accepted until 2:00 p.m. on Wednesday, December 3 rd, in the office of the City Clerk, City Hall, P.O. Box 130, 18 East 4th Street, Fulton, MO; or by to cityclerk@fultonmo.org AND adoa@fultonmo.org. The successful bidder will be the contractor for grave openings and closings in all City owned cemeteries. The City desires to enter into a contract for the term of three years with the option to extend the contract for additional one-year terms until one party wishes to end the agreement or wishes to renegotiate at the end of a term within certain annual increases in price. Expectations Contractor will: Be able to open and close all graves to specifications of the City as specified by the draft contract available from the City Clerk; Be available to open a grave with a minimum of 24 hours advanced notice (although the standard practice will be to provide 48 hours notice); Be able to open and close graves using the contractor s equipment and supplies in such a way as to maintain the condition of the grounds of the City cemeteries with minimal disturbance; Be available for weekend or holiday funerals; Provide proof of insurance and name the City of Fulton as an additionally insured with liability level as specified in the draft contract; Conduct all financial transactions with a funeral home; Provide the City with a main point of contact for service issues. City will: Mark all grave spaces and provide a staff member on site whenever requested; Provide Vendor with a list of service and maintenance priorities for each visit; Provide the Vendor with a main point of contact. Required elements of bid 1. Contact information (name, mailing address, physical address, phone, , web site). 2. Price for standard grave opening/closing. 3. Price weekends, holidays and after 5:00pm on weekdays. Optional elements 1. Price for cremation opening and closings. 2. Contact information ( , web site). 3. References Criteria: 1. Price for service. 2. Technical expertise and recommendations from references. 3. Responsiveness to required items.

2 Contact Information Required Information. Company Name: Optional Information. Main Contact: Contact s Title: Mailing Address: Street Address: City, State: Main Phone Number: Zip Code: Alt. Phone Number: Web site: Bid Information: Item Price for standard grave opening/closing. Price weekends, holidays and after 5:00pm on weekdays. Price for cremation opening and closings. Price per grave opening References: Reference Contact information Bids will be accepted until 2:00 p.m. on Wednesday, December 3rd, in the office of the City Clerk, City Hall, P.O. Box 130, 18 East 4th Street, Fulton, MO. Bids must be received in a sealed envelope plainly marked "Grave Opening RFB"; by to cityclerk@fultonmo.org AND adoa@fultonmo.org with "Grave Opening RFB"; as the subject. If you have any questions regarding this RFB please call Matt Harline at (573) , him at adoa@fultonmo.org or stop by City Hall.

3 Contract for Services Grave Opening / Closing THIS CONTRACT made and entered into this day of, 20, by and between the City of Fulton, Missouri, a municipal corporation, 18 East Fourth Street, Fulton, Missouri (hereinafter referred to as City), and Central Missouri Vault Company, 2763 State Road TT, New Bloomfield, Missouri (hereinafter referred to as Contractor). WITNESSETH: Whereas, the City Council of the City of Fulton, Missouri did on the 13th day of February 2001, award to the Contractor the bid for grave openings and closings in all City owned cemeteries. Now, therefore, and in consideration of the awarding of this contract and the work thereunder by the City to the Contractor. Therefore, the Contractor does hereby contract and agree to do and perform said work, above specified and referred: 1. Contractor agrees to open and close all grave spaces in the City's Cemeteries during the life of this contract, and to do the following: a) The grave shall be a minimum depth of five (5) feet and of sufficient dimensions to receive the casket and vault or other outside container and leave at least twenty-four (24) inches between the top of the outside container and ground level; except that a grave for an infant, forty-eight (48) inches or less in length, need not be five (5) feet deep provided that at least twenty-four (24) inches of cover remains between the outside container and ground level. The City will perform all openings and closings for cremations. [negotiable] No grave shall be dug that shall be of greater size than will fit on a single burial space. b) To open all graves in the exact location that is specified and shown by the Cemetery Sexton or Engineering Department. c) Not to open any graves before the day of the funeral without first consulting and receiving permission from the Cemetery Sexton or their designee. d) To remove all excess dirt from the grave and deposit the same in a location designated by the City. e) To refill all graves two (2) feet above ground level immediately after internment. The City will be responsible for the care of the grave as settling occurs and ground level is restored, and the City will seed and straw each grave to restore it to its previous appearance and state. f) When ground conditions require it, Contractor shall put cribbings into the grave to prevent caving and/or ramp or board in and out of the area to keep from causing ruts. g) Be responsible for replacing or repairing any headstones, plants, trees or shrubs that are damaged and/or repairing any ruts that are caused during the performance of said work.

4 h) To furnish all materials, labor, tools and equipment needed to perform the work herein to the City's reasonable satisfaction. i) The City shall make every reasonable effort to contact the Contractor within forty-eight (48) hours about a grave opening. Contractor agrees to be immediately available to open graves within twenty-four (24) hours of being notified. j) If Contractor is unable to perform a grave opening in time for a funeral service, the City must be contacted immediately to be able to obtain someone else to perform said work at the expense of the Contractor. k) Compensation for grave openings will be between the Contractor and the funeral homes. Fees cannot exceed the price schedule below. The City will not be involved in any collection efforts. Year one of the contract: $ Year two of the contract: $ Year three of the contract: $ Subsequent increases shall not exceed a % increase over the previous year without approval from the City Council of the City of Fulton. 2. Except as provided below, the term of this Contract shall commence on the day of, 20, and shall extend for three years until the of, 20,and shall be automatically renewed from year to year thereafter on the same terms and conditions as herein provided, unless terminated by either party by written notice on or before the end of the term. This contract may be terminated by the City for breach of covenants herein by Contractor upon ten (10) days written notice to Contractor. Either party may terminate this contract without cause and for any reason upon sixty (60) days written notice. Upon termination of this contract by either party the Contractor will pay the City for any damages due the City. All termination of contract notices shall be delivered personally or mailed to parties at the addresses listed herein, by certified mail, return receipt requested. 3. All employees of Contractor who are performing grave opening and closing duties within City owned cemeteries shall be subject to the direction of the Cemetery Sexton or their designee. 4. It is agreed and understood by the parties hereto that this contract is entered into and subject to all existing ordinances of the City pertaining to the work awarded. 5. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, volunteers, lessees, invitees and employees from and against all suits, claims, damages, losses, and expenses, including but not limited to attorneys fees, court costs, or alternative dispute resolution costs arising out of or related to

5 any such suit, claim, damage, loss or expense involving an injury to a person or persons, whether bodily injury or other personal injury (including death), or involving an injury or damage to property (including loss of use or diminution in value), but only to the extent that such suits, claims, damages, losses or expenses were caused by the negligence or other wrongdoing of Contractor, or of any supplier or subcontractor, or their agents or employees, directly or indirectly, regardless of whether caused in part by the negligence or wrongdoing of City or any of its agents or employees. Contractor shall purchase and maintain the following insurance, at Contractor s expense: a) Commercial General Liability Insurance with a minimum limit of $1,000,000 each occurrence / $2,000,000 general aggregate written on an occurrence bases. b) Comprehensive Business Automobile Liability Insurance for all owned, non-owned and hired automobiles and other vehicles used by Contractor with a combined single limit of $1,000,000 minimum. c) Workers Compensation insurance with statutorily limits required by any applicable Federal or state law and Employers Liability insurance with minimum limit of $1,000,000 per accident. d) Contractor shall make City an additional insured on each policy of insurance that Contractor is required to maintain under the contract documents. Similarly, Contractor shall require insurance with the same coverage and limits from its subcontractors and suppliers, and their insurance policies shall be endorsed to name the same additional insureds as required of Contractor. Each additional insured endorsement shall expressly afford coverage to the additional insureds not only arising out of the named insured s operations or work but also arising out of the named insured s completed operations. Any coverage available to City as a named insured shall be secondary, so that the coverage to the City as an additional insured on the policies maintained by Contractor and subcontractors is primary. City reserves the right to selectively trigger any one or more insurance policies that afford City coverage, whether as a named insured or as an additional insured. Contractor agrees that City shall be provided at least sixty (60) days advance written notice of any cancellation or rescission of any policy that Contractor or any of its subcontractors or suppliers is required to maintain under the contract documents. Prior to commencing work, Contractor shall provide City certificates of insurance evidencing the required coverages. City s receipt or review of any certificate of insurance reflecting that Contractor or one of its subcontractors or suppliers has failed or may have failed to comply with any insurance requirement of the contract documents shall not constitute a waiver of any of the City s insurance rights under the contract documents, with all such rights being fully and completely reserved by the City.

6 IN WITNESS WHEREOF, the parties have hereunto set their hands this day of, 20 City of Fulton, Missouri: By: LeRoy D. Benton, Mayor Attest: Carolyn Laswell, City Clerk Contractor: By: Printed

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