HomeMy Public PortalAboutORD14976 BILL NO. 2012-24
SPONSORED BY COUNCILMAN Schulte
ORDINANCE NO. I l2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI
BUILDERS SERVICES FOR ROOF REPLACEMENT ON FIRE STATION #3.
WHEREAS, Missouri Builders Services has become the apparent lowest and best
bidder on the Fire Station #3 Roof Replacement project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Missouri Builders Services is declared to be the lowest and
best bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Missouri Builders services for roof replacement at Fire
Station #3.
Section 3. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section 4. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed:—)', GI,-') Approved: � �z/ 2—.
Presiding Offiler Mayor
ATTEST: APPROVED AS TO FORM:
City Cler -icy Counselor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2609 —Roof Replacement Station 3
Fire—Opened April 24, 2012
BIDS RECEIVED:
Missouri Builders Services, Jefferson City, MO $ 43,049.00
G & R Construction, Sedalia, MO $ 44,555.00
Weathercraft, Inc., Jefferson City, MO $ 44,733.00
Watkins Roofing, Columbia, MO $ 45,375.00
Four additional bidders received the specification, the request was advertised in News Tribune
and posted on the City web site.
FISCAL NOTE:
10-400-540010 —Building & Grounds Maintenance
FY2012 Budget $ 70,000.00
Expended 1 9,176.44
Encumbered 2,577.30
Bid 2606 43,049.00
Balance $ 6,197.26
PAST PERFORMANCE:
The city has awarded bids to this vendor in the past and they completed the wort{ as specified
and bid.
RECOMMENDATION:
Staff recommends award of the bid to the Iowest and best bid, Missouri Builders Services of
Jefferson City, Missouri in the amount of$43,049.00.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature, � � � �,
Purchasi, nt re Chie
M
Memo
'Co: Terry Stephenson, Purc g
From: Chief Rennick, Fire
Dater 412612012
Re: B2609— Roof Replacement Station #3
The Fire Department recommends awarding the low bid for Roof Replacement of
Station#3 to Missouri Builders Service for$43,049.
Additional funding will be taken from account#10-400-540010
City of Jefferson, Missouri
Tabulation of Bids
Bid Number 2609
Subject: Roof Replacement Station#3
Date: April 24, 2012 Missouri Builders Sery G & R Construction 1 Weathercraft Inc. Watkins Roofing
Dept: Fire Jefferson City MO Sedalia MO Jefferson City MO Columbia MO
PAGE 1
ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price
Roof replacement, Fire Station#3, 2104
Industrial Drive, over Day Room and
Living quarters only $43,049.00 $44,555.00 $44,733.00 $45,375.00
Days required to complete project 15 days 160 days 2 weeks 15 days
Earliest start date May 15, 2012 15-30 days after NTP 04/30/2012 04/30/2012
Bid is firm for July 24, 2012 6-30-201 30 days 60 days
Discount for pormpt payment none I none none none
Represent a disadvantaged business no no no no
Represent a woman owned business no no no no
Products manufactured in United States yes yes yes yes
Fax or email bid tabulation to 573-636-7836 660-433-2518 573-635-0238 573-874-0201
RFB sent to the following vendors with NO RESPONSE:
GBH Builders, Jefferson City MO
Kierberg Roofing, St, Louis MO
All Spec Inc., Jefferson City MO
Manor Roofing & Restoration, Columbia MO
CITY OF JEFFERSON
Roof Replacement- Fire Station #3
THIS CONTRACT,made and entered into this✓ 9-day of May,2012, by and between Missouri Builders
Service, Inc.,hereinafter called"Contractor",and the City of Jefferson, Missouri,a municipal corporation,
hereinafter called"City."
WITNESSETH: That Whereas, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies and for constructing the following City
improvements: Roof Replacement,Station#3,2104 Industrial Drive,Jefferson City,Missouri,65109.
NOW THEREFORE, the parties to this contract agree to the following:
I. Scope of Services.
Contractor agrees to provide supervision, labor, tools, equipment, materials and supplies as noted
in Roof Replacement, Station#3,2104 Industrial Drive, Jefferson City, Missouri, documents..
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and
supplies necessary to perfonn,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
Fifteen days(15)working days from the date Contractor is ordered to proceed,which order shall be
issued by the Purchasing Agent 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 Annual
Wage Order No. 18 Section 026 in which the rate of wages is set forth.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 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 Contractor
or any subcontractor under the Contractor.
4. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
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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$500,000 for all
claims arising out of a single occurrence and $100,000 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 $500,000 for
all claims arising out of a single accident or occurrence and$100,000 for any one
person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than$500,000 for all claims
arising out of a single accident or occurrence and$100,000 for any one person in
a single accident or occurrence.
D. Owner's Protective Liability Insurance. 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$500,000 for
all claims arising out of a single accident or occurrence and$100,000 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,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, 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.
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
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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 Two Hundred Fifty Dollars($250.00)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.
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.
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.
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11. Supplies.
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 1986 as amended.
12. 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 Chief
of the Jefferson City Fire Department,and in accordance with the rates and/or amounts stated in the
bid of Contractor dated April 24, 2012, 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 Forty-Three Thousand Forty-Nine
Dollars ($43,049.00).
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.
U?.Contract Flles'Construction\Missouri Builders Servicc IncTirc Station#3-Roof 3L-28-l2.wpd 4
' 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 attorneys 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.
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.
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
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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
a worksite without documentation of the successful completion of the course shall be
afforded twenty days to produce such documentation afterwhich time they shall be removed
from the project.
D. If Contractor fails the provisions of subsection B, C, or D, the Contractor shall forfeit as a
penalty two thousand five hundred dollars plus 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 A or B, 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 terns of this section.
26. Notices.
All notices required to be in writing may be given by first class mail addressed to City of Jefferson,
Fire Department, 320 East McCarty, Jefferson City, Missouri, 65101, and Missouri Builders
Services, Inc., 3807 Route CC, P.O. Box 104205, 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 day of May,20I2.
CITY OF JEFFERSON MISSOURI BUILDERS SERVICE, INC.
Mayor Title: Resi DE K T
ATTEST: ATTEST:
Ci y Clerk Title: S£cgs_Tpje v
APPROVED AS TO FORM: /
ity Counselor
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