HomeMy Public PortalAboutORD15373 BILL NO. 2014-118
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. 1 5 3 7 3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND VAUGHAN
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $54,980.00 FOR THE
COLLECTIONS SYSTEM MAINTENANCE BUILDING MODIFICATIONS PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
WHEREAS, Wisch and Vaughan Construction Company, Inc., has become the apparent
lowest and best bidder on the Collections System Maintenance Building
modifications project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The bid of Wisch and Vaughan Construction Company, Inc., is declared to be
the lowest and best bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement
with Wisch and Vaughan Construction Company, Inc., for the Collections System Maintenance
Building modifications project.
Section 3. The agreement shall be substantially the same in form and content as that
agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
passage and
�� approval.
Passed: 1 / Il ,,2/ 92-213 Approved:
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Presiding Officer ._r41 Mayor
ATTEST: APPROVED AS TO FORM:
•
C Clerk /
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FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2778— Project 31129, Collections System Maintenance Building Modifications
Public Works, Wastewater— Opened February 3, 2015
RECOMMENDATION:
Staff recommends award of the bid to Wisch and Vaughan Construction Company, Inc. of
Jefferson City, Missouri in the amount of $54,980.00.
BIDS RECEIVED:
Wisch and Vaughan Construction Co., Inc. Jefferson City, MO $ 54,980.00
The bid was advertised in News Tribune, posted on the city web site, sent to seven plan houses
and four additional vendors that did not respond.
FISCAL NOTE:
64-660-573030
Purch/Improv Land/Buildng
2014-15 Budget $ 54,980.00
Expensed -0-
Encumbered -0-
Bid 2778 $ 54,980.00
Balance $ -0-
PAST PERFORMANCE:
The City has awarded bids to this vendor in the past and the vendor has provided completed
projects as specified and bid.
ATTACHMENTS - SUPPORTING DOCUMENTATION
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Signature," �4f,�`0-t-,f s L4.CGL
Purc jasirb Agent Director of Public Works
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Department of Public Works • Memorandum
320 E. McCarty Street •Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitymo.org
Date: February 5, 2015
To: Terry Stephenson, Purchasing Director, Finance
From: David Bange, City Engineer
Subject: Collections System Maintenance Building modificationsPP
Project No. 31129
Bid No. 2778
Public Works has completed a review of the bids opened at 1:30 P.M. on February 3, 2015 for
the above noted project. As part of the review all the bids were tabulated to check for math
errors and to compare unit price quotes of the various contractors. Attached to this memo is the
tabulation of the One (1) bid that was received for the project, as well as a listing of the
registered plan holders.
Based on our review, we recommend acceptance of the bid from the low bidder Wisch and
Vaughan Construction Company Inc., P.O. Box 104388, Jefferson City, MO 65110-4388. The
total amount of the contract will be $54,980.00.
The project will be expensed as follows:
Wisch and Vaughan Construction Company Inc. ($54,980.00):
Account Number: Amount Available: Required: Remaining:
64-660-573030 $54,980.00 $54,980.00 $0.00
If you need'any other information please feel free to contact me at extension 6433.
DB:db
Attachments: Bid Tabulation Sheet, Plan Holders List
cc: Project file/VVriters File
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Page 1 CITY OF JEFFERSON •
Date:Feb.3,2015 BID TABULATION
Bid No.2778 COLLECTIONS SYSTEM MAINTENANCE BUILDING MODIFICATIONS
PROJECT NO:31129
•
ENGINEER'S ESTIMATE Wisch and Vaughan Const.
•
•
APPROX. UNIT UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMQUNT RICE 'AMOUNT. , PRIQE :. AMOUNT •
1 Install 22'x 14'overhead doors on existing EA 2 $12,500.00 $25,000.00 $14,010.00 $28,020.00
building including building modifications
2 Install 22'x 12'overhead doors on existing EA 2 $11,000.00 $22,000.00 $12,680.00 $25,360.00
building including building modifications
3 Install sill and threshold seals on man doors. EA 3 $500.00 $1,500.00 $800.00 $2;400.00
Water proof man doors
TOTAL BASE BID $48,5b0.00 $55,780.00
OVER/UNDER ENGINEER'S EST. 1$:0%
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into this � day of 2015,
by and between Wisch and Vaughan Construction hereinafter referred to as
"Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State
of Missouri, hereinafter referred to as "City".
WITNESSETH: That Whereas, the Contractor has become the lowest responsible
bidder for furnishing the supervision, labor, tools, equipment, materials and supplies
and for constructing the following City improvements:
Project No. 31129, Collections System Maintenance Building modifications.
NOW THEREFORE, the parties to this contract agree to the following:
1 . Scope of Services.
Contractor agreesTo provide all labor, equipment, hardware and supplies to perform
the work included in the project entitled "Collections System Maintenance
Building modifications" in accordance with the plans and specifications on file with
the Department of Public Works.
2- Manner and time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment,
materials and supplies necessary to perform said work at Contractor's own expense
in accordance with the contract documents and any applicable City ordinances and
state and federal laws, within 90 calendar days from the date Contractor is ordered
to proceed, which order shall be issued by the Director of Public Works within ten
(10) days after the date of this contract.
3. Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage
law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages
for work of a similar character in this locality, as established by Department of Labor
and Industrial Relations of the State of Missouri, and as established by the Federal
Employment Standards of the Department of Labor. Contractor acknowledges that
Contractor knows the prevailing hourly rate of wages for this project because
Contractor has obtained the prevailing hourly rate of wages from the contents of the
current Annual Wage Order No. 21, Section 026, Cole-County rates as set forth.
The Contractor further agrees that Contractor will keep an accurate record showing
the names and occupations of all workmen employed in connection with the work to
be performed under the terms of this contract. The record shall show the actual
wages paid to the workmen in connection with the work to be performed under the
terms of this contract. A copy of the record shall be delivered to the Purchasing
Agent of the Jefferson City Finance Department each week. In accordance with
Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars
($100.00) for each workman employed, for each calendar day or portion thereof that
the workman is paid less than the stipulated rates for any work done under this
contract, by the Contractor or any subcontractor under the Contractor.
4. Insurance.
Contractor shall procure and maintain at its own expense during the life of this
contract:
(a) Workmen's Compensation Insurance for all of its employees to be
engaged in work under this contract.
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(b) Contractor's Public Liability Insurance in an amount not less than
$2,000,000 for all claims arising out of a single occurrence and $300,000 for any one
person in a single accident or occurrence, except for those claims governed by the
provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and
Contractor's Property Damage Insurance in an amount not less than $2,000,000 for
all claims arising out of a single accident or occurrence and $300,000 for any one
person in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount not less than $2,000,000
for all claims arising out of a single accident or occurrence and $300,000 for any one
person in a single accident or occurrence.
(d) Owner's Protective Liability Insurance - The Contractor shall also
obtain at its own expense and deliver to the City an Owner's Protective Liability
Insurance Policy naming the City of Jefferson as the insured, in an amount not less
than $2,000,000 for all claims arising out of a single accident or occurrence and
$500,000 for any one person in a single accident or occurrence, except for those
claims governed by the provisions of the Missouri Workmen's Compensation Law,
Chapter 287, RSMo. No policy will be accepted which excludes liability for damage
to underground structures or by reason of blasting, explosion or collapse.
(e) Subcontracts - In case any or all of this work is sublet, the Contractor
shall require the Subcontractor to procure and maintain all insurance required in
Subparagraphs (a), (b), and (c) hereof and in like amounts..
(f) Scope of Insurance and Special Hazard. The insurance required
under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the
Contractor and its subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured
or by anyone directly or indirectly employed by it, and also against any special w
hazards which may be encountered in the performance of this contract.
NOTE: Paragraph (f) is construed to require the procurement of Contractor's
protective insurance (or contingent public liability and contingent proper'iy damage
policies) by a general contractor whose subcontractor has employees working on the
project, unless the general public liability and property damage policy (or rider
attached thereto) of the general contractor provides adequate protection against
claims arising from operations by anyone directly or indirectly employed by the
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Contractor.
5. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the
acts and omissions of its subcontractors, and of persons either directly or indirectly
employed by them, as Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the
terms herein set forth, insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any subcontract as the City may
exercise over Contractor under any provisions of this contract. Nothing contained in
this contract shall create any contractual relations between any subcontractor and
the City or between any subcontractors.
6. Liquidated Damages.
The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise
due under this contract for every day the Contractor fails or refuses to prosecute the
work, or any separable part thereof, with such diligence as will insure the completion
by the time above specified, or any extension thereof, or fails to complete the work
by such time, as long as the City does not terminate the right of Contractor to
proceed. It is further provided that Contractor shall not be charged with liquidated
damages because of delays in the completion of the work due to unforeseeable
causes beyond Contractor's control and without fault or negligence on Contractor's
part or the part of its agents.
7. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days
prior written notice to Contractor, without prejudice to any other rights or remedies of
the City should Contractor be adjudged a bankrupt, or if Contractor should make a
general assignment for the benefit of its creditors, or if a receiver should be
appointed for Contractor or for any of its property, or if Contractor should persistently
or repeatedly refuse or fail to supply enough properly skilled workmen or proper
material, or if Contractor should refuse or-fail to make prompt payment to any person
supplying labor or materials for the work under the contract, or persistently disregard
instructions of the City or fail to observe or perform any provisions of the contract.
8. City's Riqht to Proceed.
In the event this contract is terminated pursuant to Paragraph 7, then the City may
take over the work-and prosecute the same to completion, by contract or otherwise,
and Contractor and its sureties shall be liable to the City for any costs over the
amount of this contract thereby occasioned by the City. In any such case the City
may take possession of, and utilize in completing the work, such materials,
appliances and structures as may be on the work site and are necessary for
completion of the work. The foregoing provisions are in addition to, and not in
limitation of, the rights of the City under any other provisions of the contract, city
ordinances, and state and federal laws.
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9. Indemnity
To the fullest extent permitted by law, the Contractor will indemnify and hold
harmless the City, its elected and appointed officials, employees, and agents from
and against any and all claims, damages, losses, and expenses including attorneys'
fees arising out of or resulting from the performance of the work, provided that any
such claim, damage, loss or expense (1) is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and (2) is caused in whole
or in part by any negligent act or omission of contractor,.any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as to
any party or person described in this Paragraph.
10. Payment for Labor and Materials.
The Contractor agrees and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed pursuant to this
contract. Contractor shall furnish to the City a bond to insure the payment of all
materials and labor used in the performance of this contract.
11. Supplies. ,.
The Contractor is hereby authorized and directed to utilize the City's sales tax
exemption in the purchase of goods and materials for the project as set out in
Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain
records and invoices of all such purchases which shall be submitted to the City.
12. Payment.
The City hereby agrees to pay the Contractor for the work done pursuant to this
contract according to the payment schedule set forth in the Contract Documents -.
upon acceptance of said work by the Director of Public Works and in accordance
with the rates and/or amounts stated in the bid of Contractor dated February 3,
2015 which are by reference made a part hereof. No partial payment to the
Contractor shall operate as approval or acceptance of work done or materials
furnished hereunder. The total amount of this contract shall- not exceed Fifty-Four
Thousand, Eight Hundred Dollars and Zero Cents,($54,800.00).
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later
than ten (10) days after the execution of this contract, guaranteeing the Contractor's
performance of the work bid for, the payment of amounts due to all suppliers of labor
and materials, the payment of insurance premiums for workers compensation
insurance and all other insurance called for under this contract, and the payment of
the prevailing wage rate to all workmen as required by this contract, said bond to be
in a form approved by the City, and to be given by such company or companies as
may be acceptable to the City in its sole and absolute discretion. The amount of the
bond shall be equal to the Contractor's bid.
14. Knowledqe of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work
and the attached specifications and has fully considered such local conditions in
making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged
illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall
not affect the legality, validity, or enforceability of the contract as a whole, or of any
section, subsection, sentence, clause, or attachment not so adjudged.
16. Governinq Law.
The contract shall be governed by the laws of the State of Missouri. The courts of
the State of Missouri shall have jurisdiction over any dispute which arises under this
contract, and each of the parties shall submit and hereby consents to such courts
exercise of jurisdiction. In any successful action by the City to enforce this contract,
the City shall be entitled to recover its attorney's fees and expenses incurred in such '
action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Gontract r'. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawing and/or Sketches
e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph, form the
Contract between the parties. These documents are as fully a part of the contract as
if attached hereto-or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section
entitled "Contract Documents" represent the full and complete understanding of the
parties. This contact includes only those goods and services specifically set out.
This contract supersedes all prior contracts and understandings between the
Contractor and the City.
19. Authorship and lEnforcIsment.
Parties agree that the production of this document was the joint effort of both parties
and that the contract should not be construed as having been drafted by either party.
In the event that either party shall seek to enforce the terms of this contract through
litigation, the prevailing party in such action shall be entitled to receive, in addition to
any other relief, its reasonable attorney's fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or
statement by whomsoever made; nor shall any modification of it be binding upon the
City until such written modification shall have been approved in writing by an
authorized officer of the City. Contractor acknowledges that the City may not be
responsible for paying for changes or modifications that were not properly
authorized.
21. Waiver of Breech .
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with
any of the terms covenants or conditions herein shall not be deemed a waiver of any
such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the
terms, covenants or conditions herein.
22. . Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this
agreement without the express consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the
ground or because of race, creed, color, national origin or ancestry, sex, religion,
handicap, age, or political opinion or affiliation, against any employee of Contractor
or applicant -for employment and shall include a similar provision in all subcontracts
let or awarded hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
A. Contractor shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with
respect to the employees working in connection with the contracted services.
B. Contractor shall sign an affidavit affirming that it does not knowingly employ
any person who is an unauthorized alien in connection with the contracted
services Contractor agrees in the performance.
C. If contractor is a sole proprietorship, partnership, or limited partnership,
contractor shall provide proof of citizenship or lawful presence of the owner
prior to issuance of the Notice to Proceed.
25. OSHA Training
Prior to commencement of the work:
A. Contractor shall provide a ten-hour Occupational Safety and Health
w
Administration (OSHA) construction safety program for their on-site
employees which includes a course in construction safety and health
approved by OSHA or a similar program approved by the department which is
at least as stringent as an approved OSHA program.
B. All employees subject to this provision are required to complete the program
within sixty days of beginning work on such construction project.
C. Any employee, agent or subcontractor of the Contractor subject to this
provision found on the worksite without documentation of the successful
completion of the course shall be afforded twenty days to produce such
documentation after which time they shall be removed from the project.
D. If Contractor fails the provisions of subsection A, B, or C, the Contractor shall
forfeit as a penalty two thousand five hundred dollars plus an additional one
hundred dollars for each employee employed by the contractor or "
subcontractor, for each calendar day, or portion thereof, such employee is
employed without the required training. The penalty shall not begin to accrue
until the time period in subsections B or C, whichever is applicable, of this
section have elapsed.
E. The City shall withhold and retain from any amount due under the contract, all
sums and amounts due and owing as a result of any violation of this section
when making payments to the contractor under the contract. The contractor
may withhold from any subcontractor, sufficient sums to cover any penalties
the City has withheld from the contractor resulting from the subcontractor's
failure to comply with the terms of this section.
27. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo, enclosed in the
laws section, must post in a prominent and easily accessible place at the work site a
clearly legible copy of the following: (1) The notice of registration for employer
withholding issued to such transient employer by the director of revenue; (2) Proof of
coverage for workers' compensation insurance or self-insurance signed by the
transient employer and verified by the department of revenue through the records of
the division of workers' compensation; and (3) The notice of registration for
unemployment insurance issued to such transient employer by the division of
employment security. Any transient employer failing to comply with these
requirements shall, under section 285.234, RSMo, enclosed in the laws section, be
liable for a penalty of$500 per day until the notices required by this section are
posted as required by that statue.
28. Notices.
All notices required to be in writing may be given by first class mail addressed to City
of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City,
Missouri, 65101, and Contractor at P.O. Box 104388, Jefferson City, MO 65110-
4388 . The date of delivery of any notice shall be the second full day after the day of
its mailing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of 2015.
CITY OF JEFF - SON CONTRACTOR
Mayor t i�-csi cl!.n+
ATTEST: ATTEST:
AityCle Title:
APPROVED AS TO FORM:
Counselor
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DEPARTMENT OF PUBLIC WORKS
WASTEWATER DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO.64-F6O-S-730W
Change Order No. One(1) Project No. 31129 Ord. No. 15373 Date:
Job&Location: COLLECTIONS SYSTEM MAINTENANCE BUILDING MODIFICATION.
Contractor: Wisch and Vaughan Const.
----------------•-......-----•--......------......--•-------------------•-----------------------•-------........................---.......
It is hereby mutually agreed that when this change order has been signed by the contracting parties,the following described
changes in the work required by the contract shall be executed by the contractor without changing the terms of the contract except
as herein stipulated and agreed.
•----------•---------------•--- ...................................................................... ------------------------------------
DESCRIPTION OF CHANGES: (See Attached Sheet for Detailed Description/Explanation)
Note:Item numbers prefixed with"EW"(Extra Work)are new line Items to the contract.
Quantity In Revised Amount of
Item Quantity in Change Contract Overrun or
No. Description Unit Contract Order Quantity Unit Price Underrun
EW-1 Caulk seal first floor window frames LS 0 1 1 $218.44 $218.44
EW-2 Replace rubber strips on windows LS 0 1 1 $3,170.00 $3,170.00
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
IANe hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform
all work In connection therewith In accordance with the requirements for similar work in existing contract except as otherwise
stipulated herein,for the following considerations:
Contract Amount-Add$3,388.44(Three Thousand Three Hundred Eighty Eight Dollars and Forty Four Cents)to the
Contract Amount
Contract Time-There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
Amount %Change Time
ORIGINAL CONTRACT $54,980.0090
.
PREVIOUS APPROVED CHANGE ORDERS_ _ $0.00 0.0% 0
TOTAL THIS CHANGE ORDER $3,388.44 6.2% 0
TOTAL OF ALL CHANGE ORDERS $3,388.44 6.2% 0
CONTRACT AMOUNT TO DATE $58,368.44 90
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.
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Winch and Vaughan Const
o actor Date
Recommended by:
City Eggineer Date
Verification of Encumbrance: Zli i�
Finance Director Date
Accepted by:
Owner-City Administrator Date
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Approved as to Form:
City Coun r Date
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CITY OF JEFFERSON
ATTACHMENT TO CHANGE ORDER NO. I
PROJECT NO.31129
Description of Changes:
Enter the explanation for this change order.(Manually enlarge cell to accommodate text.)
Item EW-1 - Caulk seal first floor window frames
SCOPE OF WORK:Seal between metal window casings and brick exterior
The work Included in this item shall include the furnishing of all labor,equipment,and material for the
MEASUREMENT,PAYMENT,and TIME:
This item will be measured by the time and material used.
JUSTIFICATION OF COST:
The cost of this item is$218.44
Item EW-2 - Replace rubber strips on windows
SCOPE OF WORK:Replace rubber strips on all of the windows
The work included in this item shall include the furnishing of all labor,equipment,and material for the
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I MEASUREMENT,PAYMENT;and TIME:
s
This item will be measured by the time and material used.
JUSTIFICATION OF COST:
TIne cost of this item is$3,170
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