HomeMy Public PortalAboutORD15495 BILL NO. 2015-107
SPONSORED BY Councilwoman Ward
ORDINANCE NO. / �-2-1-q
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
ASBESTOS REMOVAL SERVICES, INC., FOR THE LIMITED ABATEMENT OF
LEAD-BASED PAINT AT 304 MARSHALL STREET.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
WHEREAS, Asbestos Removal Services, Inc., has become the apparent lowest
and best bidder on the 304 Marshall St Limited Lead Based Paint
Abatement Project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Asbestos Removal Services Inc. is declared the lowest and
best bid and hereby accepted on the limited abatement of lead-based paint at 304
Marshall Street.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Asbestos Removal Services, Inc., for the Limited Lead-Based Paint
Abatement Project at 304 Marshall 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 and approval. Q/
Passed: g l i c AV/4' Approved: 1' • /6,,es)„/c
Presiding Officer'- Mayor Carrie Tergin
__
ATTEST': APPROVED AS TO FORM:
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Cl rk•-- City Counselor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2834 — Limited Abatement of Lead Based Paint, 304 Marshall Street
Planning & Protective Services — Grants Opened December 22, 2015
RECOMMENDATION:
Staff recommends award of the bid submitted by Asbestos Removal Services, Inc. of Jefferson
City, MO in the amount of $27,150.00 to complete limited abatement of lead based paint for 304
Marshall Street.
BIDS RECEIVED:
Asbestos Removal Services, Inc., Jefferson City, MO $27,150.00
The bid was advertised in News Tribune, posted on the city web site, and sent to 19 additional
firms that did not respond.
FISCAL NOTE:
10-530-550050— Neighborhood Stabilization Program Grant
2015-16 Budget $ 126,648.58
Expenses 220.50
Bid 2833 (Asbestos) 7,200.00
Bid 2834 (Lead Based Paint) 27,150.00
Bid 2835 (Rehabilitation) 89,630.00
Balance $ 2,558.08
PAST PERFORMANCE:
The City has awarded to this bidder in the past and staff believes the contractor will complete the
work as specified and bid.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature Ci h 4 MVV 4f.t.
Purch in• • •ent n & Protective
Protective Services Director
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DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
MEMORANDUM
70: Terry Stephenson, Purchasing Agent
THROUGH: Janice McMillan, Director of Planning and Protective Services
FROM: Jayme Abbott, Neighborhood Services Coordinator ?ck
DATE February 2, 2016
RE 304 Marshall St, Bid No. 2833, 2834 & 2835
Recommendation of Award
I am recommending the following for award for a total of$123,080:
• Limited Asbestos Abatement, bid no. 2833 - ARSI for the amount of$7,200
• Limited Lead Based Paint Abatement, bid no. 2834 - ARSI for the amount of
$27,150.
• Rehabilitation, bid no. 2835 - Larry G Berry for $89,630.00
A Purchase Requisition was previously submitted identifying Neighborhood
Stabilization Program account#10-530-550050 to pay for the proposed project
A Supplemental Appropriation Request was approved by Council during the February 1,
2016 meeting for the amount of$25,000.00.
I have requested suspension of rules and been approved by Steve Crowell.
City of Jefferson, Missouri
Tabulation of Bids
Bid No. 2834
Title: Limited Abatement- Lead Based Paint Asbestos Removal
304 Marshall Street Services Inc.
Dept. Planning & Protective Serv. Grant Jefferson City, MO
ITEM Unit Unit Price Unit Price Unit Price Unit Price
Remove and dispose of lead based paint containing
materials as specified at 304 Marshall St.
Plaster in Kitchen 4,520.00
Newel Post and Stringer Entry Staircase 3,420.00
Bedroom 3 (Wall A, B, C) 820.00
Living Room 2 (Wall A) 1,220.00
Dining Room 2 (Wall B & C) 1,220.00
Bedroom 2 Wall A, C & D) 3,420.00
All trim, windows, stairway, int. doors & fireplaces 3,630.00
All walls main & upper level 3,420.00
Kitchesn, all cabinets 620.00
Addendum 1 Soffitt and fascia removal 3,920.00
Remove& dispose basement windows 620.00
Foam & Seal two coal chutes 320.00
Total All items bid 27,150.00
Time required to complete project 30 days
Earliest Start Date 1/11/2016
Discount for prompt payment n/a
Manf. In United States yes
Disadvantaged Business Enterprise no
Woman Owned Business Enterprise no
Tabulation to: 573-896-9389
RFB notification sent to 20 firms, advertised in
News Tribune and posted to City web site.
RECEIVID
CITY OF JEFFERSON FEB 2 3 2016
LIMITED ABATEMENT OF
LEAD BASED PAINT A_ R_S _
304 MARSHALL STREET
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this /I day of � �� , 2016, by and between
Asbestos Removal Services, Inc. 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: Limited
Abatement of Lead Based Paint as identified in Option D of A Brownfield Cleanup Alternatives (ABCA) of
February 2015.
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 for: Mitigation and Rehabilitation
of 304 Marshall Street, Jefferson City, Missouri, as more specially set out in Option D of A Brownfield
Cleanup Alternatives (ABCA) completed in February 2015, and made a part herein.
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies
necessary to perform, and 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 thirty (30)
working/calendar days from the date Contractor is ordered to proceed, which order shall be issued by the
Director, Jefferson City Department of Planning and Protective Services within ten (10) days after the
date of this contract.
3. Insurance.
The Contractor shall purchase and maintain at its own expense during the life of this contract such
insurance set forth below as will protect it from claims which may arise out of, or result from, the
Contractor's execution of the work:
A. Workmen's Compensation Insurance including occupational disease provisions, for all the
Contractor's employees at the site of the project and in case any work is sublet, the Contractor
shall require such Subcontractor similarly to provide Workmen's Compensation Insurance,
including occupational disease provisions for all of the latter's employees unless such
employees are covered by the protection afforded by the Contractor. In case any class of
employees engages in hazardous work under this contract at the site of the project is not
protected under Workmen's Compensation statute, the Contractor shall provide, and shall cause
each Subcontractor to provide, adequate and suitable insurance for the protection of its
employees not otherwise protected.
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B. Contractor's Public Liability Insurance in an amount not less than $2,700,000 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$2,700,000 for all claims arising out of a single accident or occurrence and
$300,000 for any one person in a single accident or occurrence. This coverage shall insure
Contractor from all claims for personal injury, including death, and all claims for destruction of
or damage to property, arising out of or in connection with any operations under the contract
documents,whether such operations be by the Contractor or by any Subcontractor employed by
the Contractor or anyone directly or indirectly employed by the Contractor or by a
Subcontractor employed by the Contractor and also to include coverage for Products and/or
Completed Operations.
Where the work to be performed under the contract documents involves excavation or other
underground work or construction, the Property Damage Insurance provided shall cover all
injury to or destruction of property below the surface of the ground, such as wires, conduits,
pipes, mains, sewers, etc., caused by the Contractor's operations, Property Damage Insurance
shall also cover the collapse of, or structural injury to, any buildings or structure on or adjacent
to the Owner's premises, or injury to or destruction of property resulting therefrom, caused by
the removal of other buildings, structures, or supports, or by excavations below the ground
where the construction of a new structure or the demolition of an existing structure involves
any of the foregoing designated hazards and in all cases where the contract provides for
alterations in,additions to, or the underpinning of an existing structure or structures. Before any
blasting will be permitted,the Contractor shall be required to obtain a Blasting Endorsement on
his Public Liability and Property Damage Insurance Policy.
C. Automobile Liability Insurance in an amount not less than$2,7001000 for all claims arising out
of a single accident or occurrence and $300,000 for any one person in a single accident or
occurrence. Said policy shall cover all claims arising from the use of the following in the
execution of the work:
a. Contractor's own automobiles and trucks; and
b. Hired automobiles and trucks; and
c. Automobiles and trucks not owned by the Contractor.
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 and
the City as the insured, in an amount not less than $2,700,000 for all claims arising out of a
single accident or occurrence and $300,000 for any one person in a single accident or
occurrence, 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 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,
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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 Contractor.
4. 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.
5. Liquidated Damages.
The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due under this contract
for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such
diligence as will ensure 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.
6. 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.
7. 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.
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8. 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.
9. Payment for Labor and Materials.
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 ensure
the payment of all materials and labor used in the performance of this contract.
10. 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.
11 Payment.
The City hereby agrees to pay Contractor 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 the Jefferson
City Department of Planning and Protective Services, and in accordance with the rates and/or amounts
stated in the bid of Contractor dated December 291 2015, which are by reference made a part hereof. No
partial payment to 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 One Hundred Fifty
Dollars($27,150.00).
12. 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.
13. 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.
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14. 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.
15. 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.
16. 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.
17. 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.
18. 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 attorneys fees, expenses and costs.
19. 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.
20. 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.
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21. 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.
22. 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.
23. Illeeal I mmieration.
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.
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
24. Notices.
All notices required to be in writing may be given by first class mail addressed to City of Jefferson,
Department of Planning and Protective Services, 320 East McCarty, Jefferson City, Missouri, 65101, and
Contractor at Asbestos Removal Services, Inc., P.O. Box 105287, Jefferson City, Missouri, 65110.
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 /-�I' day of�—leL , 2016.
CITY OF JEFFERSON ASBESTOS REMOVAL SERVICES, INC.
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Mayor Title:
ATTEST: ATTEST:
fir'
ityity Clef k Title:
APPROVED AS TO FORM:
City Counselor
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