HomeMy Public PortalAboutORD15382 BILL NO. 2014-127
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. I C3,p 2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH B&N TREE
SERVICE & DEBRIS REMOVAL, LLC, IN THE AMOUNT OF $27,715.00 FOR THE
DEMOLITION OF HOUSES AT 1303,1304, and 1309 MONROE STREET.
WHEREAS, B&N Tree Service & Debris Removal, LLC, has become the apparent
lowest and best bidder for the Demolition of 1303,1304, and 1309 Monroe
Street project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of B&N Tree Service & Debris Removal, LLC, 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 B&N Tree Service & Debris Removal, LLC, for the Demolition of
1303,1304, and 1309 Monroe Street.
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 an approval. //
Passed: (( Y / 1 Approved: Y 7
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Presiding Off. -�' Mayor krsraiii
ATTEST: APPROVED AS TO FORM:
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FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2789 — Project 32138— Demolition 1303, 1304, 1309 Monroe Street
Public Works, Engineering — Opened 3-5-15
RECOMMENDATION:
Staff recommends award of the bid to B&N Tree Service & Debris Removal of Dixon, Missouri in
the amount of$27,715.00.
BIDS RECEIVED:
B&N Tree Service & Debris Removal LLC, Dixon, MO $27,715.00
Kauffman Enterprises, LLC, Jefferson City, MO $29,775.00
C. L. Richardson Construction, Ashland, MO $31,295.00
Darrell Wilbers Excavating, Inc., Jefferson City, MO $31,485.00
GWH Landscape, Jefferson City, MO $35,196.44
American Pride Hauling, Centertown, MO $38,600.00
The bid was advertised in News Tribune, posted on the city web site, sent to seven plan houses
and one additional vendor that did not respond.
FISCAL NOTE:
44-990-577053— Stadium/Monroe
2014-15 Budget
Available Funds $88,912.25
Bid 2789 27,715.00
Balance $61,197.25
PAST PERFORMANCE:
The City has not awarded to this vendor in the past; however, staff feels the bidder will complete
the project as specified and bid.
ATTACHMENTS - SUPPORTING DOCUMENTATION
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Signature ''�`G1r / 22tt/'AkLi M d�4
Purchasing gent 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.jeffcitvmo.orq
Date: March 5, 2015
To: Terry Stephenson, Purchasing Director, Finance
From: David Bange, City Engineer X141 96 T'
Subject: Demolition of 1303,1304 & 1309 Monroe Street
Project No. 32138
Bid No. 2789
Public Works has completed a review of the bids opened at 1:30 P.M. on March 5, 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 Six (6) bids that were 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 B&N Tree
Service & Debris Removal LLC, P.O. Box 535, Dixon, MO 65459. The total amount of the
contract will be $27,715.00.
The project will be expensed as follows:
B&N Tree Service & Debris Removal LLC ($27,715.00):
Account Number: Amount Available: Required: Remaining:
44-990-577053 $88,91225 $27,715.00 $61,197.25
If you need any other information please feel free to contact me at extension 6433.
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Attachments: Bid Tabulation Sheet, Plan Holders List
cc: Project file
Writer's file
Page 1 CITY OF JEFFERSON
Date:03/04/2015 BID TABULATION
Bid No.2789 DEMOLITION OF 1303,1304 81309 MONROE STREET
PROJECT NO.32138
ENGINEER'S ESTIMATE BSN Kauffman Enterprises, LLC C.L. Richardson Construction
APPROX. UNIT UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT .PRICE AMOUNT PRICE AMOUNT
1 Demolition of 1303 Monroe Street LS 1 $9,000.00 $9,000.00 $10,561.00 $10,561.00 $9,925.00 $9,925.00 $10,320.00 $10,320.00
2 Demolition of 1304 Monroe Street LS 1 $9,000.00 $9,000.00 $10,054.00 $10,054.00 $9,925.00 $9,925.00 $10,100.00 $10,100.00
3 Demolition of 1309 Monroe Street LS 1 $10,000.00 $10,000.00 $7,100.00 $7,100.00 $9,925.00 $9,925.00 $10,875.00 $10,875.00
TOTAL BASE BID $28,000.00 $27,715.00 $29,775.00 $31,295.00
OVER/UNDER ENGINEER'S EST. -1.0% 8.3% 11.8%1
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Page 2 CITY OF JEFFERSON
Date:03/04/2015 BID TABULATION
Bid No.2789 DEMOLITION OF 1303,1304 8 1309 MONROE STREET
PROJECT NO.32138
Darrell Wilbers Exc Inc GWH Landscape American Pride Hauling.
APPROX. UNIT UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 Demolition of 1303 Monroe Street LS 1 $11,635.00 $11,635.00 $12,574.68 $12,574.68 $13,400.00 $13,400.00
2 Demolition of 1304 Monroe Street LS 1 $11,100.00 $11,100.00 $12,217.08 $12,217.08 $15,800.00 $15,600.00
3 Demolition of 1309 Monroe Street LS 1 $8,750.00 $8,750.00 $10,404.68 $10,404.68 $9,800.00 $9,800.00
TOTAL BASE BID $31,485.00 $35,196.44 $38,600.00
OVER/UNDER ENGINEER'S EST. 12.4% 25.7% 37.9%
TOTAL CONTRACT WITH ACCEPTED ALTERNATES $31,485.00 $35,196.44 $38,600.00
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into this day of , 2015,
by and between B&N Tree Service & Debris Removal LLC 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. 32138, Demolition of 1303,1304 & 1309 Monroe Street.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all labor, equipment, hardware and supplies to perform
the work included in the project entitled "Demolition of 1303,1304 & 1309 Monroe
Street" 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 26 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.
(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
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 property 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
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 Right 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.
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 March 4, 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 Twenty Seven
Thousand Seven Hundred Fifteen Dollars and Zero Cents ($27,715.00).
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. Knowledge 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. Governing 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 Contract f. 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 Enforcement.
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
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 536, Dixon, IVIO 65459 . 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 JEFFERSON CONTRACTOR
Mayor Titl
ATTEST: ATTEST:
ity Clerk ` Title:
APPROVED AS TO FORM:
City Counselor