HomeMy Public PortalAboutORD14161 'T
BILL NO. 2006-136
• SPONSORED BY COUNCILMAN Vo el
ORDINANCE NO. ) /-/ I b
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUSCHER BACKHOE
AND LANDSCAPING, LLC FOR THE DEMOLITION OF CITY-OWNED PROPERTIES ON
THE 400 BLOCK OF E. MC CARTY STREET.
WHEREAS, Buscher Backhoe and Landscaping LLC was the apparent lowest and best
bidder for the E. McCarty Street demolition project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI AS FOLLOWS:
Section 1. The bid of Buscher Backhoe and Landscaping, LLC is declared the
lowest and best bid and hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Buscher Backhoe and Landscaping, LLC for demolition services for city-
owned properties on the 400 Block of E. McCarty.
• 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.
Passe d:: 1�, ?� Approve 2,06)`7
Presiding Officer ADV AT APP FORM:
City C erk City Counselor
•
r Ord m to 1
. t
• CITY OF JEFFERSON
DEMOLITION CONTRACT
THIS CONTRACT, made and entered into this ;V_ day of February, 2007 jy and between Buscher
Backhoe & Landscaping, LLC, 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 for demolition of the following City structure and grading of
lot at 420,426,428, and 430 East McCarty Street,Jefferson City,Missouri.
NOW THEREFORE,the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to obtain a demolition permit from the City and DNR prior to performing the
services related to demolition of the structure and grading of lot at 420, 426, 428, & 430 East
McCarty Street, Jefferson City, Missouri, more particularly described in the Exhibit A attached
hereto.
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 days from the date Contractor is ordered to proceed,which order shall be issued
by the City of Jefferson's Community Development Department 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 proj ect
because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual
Wage Order No.13 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 Department of Community
Development each week. In accordance with Section 290.250,RSMo,Contractor shall forfeit to the
City Ten Dollars($10.00)for each workman employed,for each calendar day or portion thereof that
•
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• 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. 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$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,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.
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• 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 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,
•
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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. 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. Sales Tax Exemption.
Effective August 28, 1994, Section 144.062, RSMo allows contractors and subcontractors to
purchase materials for tax exempt projects with project-specific exemption certificates approved by
the Department of Revenue. The City will supply a certificate to the contractor for this proj ect after
approval is obtained from the Department of Revenue.
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 Finance
Department and in accordance with the rates and/or amounts stated in the bid of Contractor dated
January 22, 2007, 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 Thousand Four Hundred Ninety-Eight Dollars and
Thirty-Nine Cents($40,498.39).
13. 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. Drawings 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.
14. 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
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affiliation, against any employee of Contractor or applicant for employment and shall include a
similar provision in all subcontracts let or awarded hereunder.
15. Notices.
All notices required to be in writing may be given by first class mail addressed to Community
Development,City of Jefferson,320 East McCarty,Jefferson City,Missouri 65101,and Contractor
at Buscher Backhoe&Landscaping, LLC, 192 Twins Lane,Freeburg,Missouri, 65035. The date
of delivery of any notice shall be the second full day after the day of its mailing.
16. Jurisdiction.
This agreement and every question arising hereunder shall be interpreted according to the laws and
statutes of the State of Missouri.
NESS WHEREOF, the parties hereto have set their hands and seals this day of
2007.
CITY OF JEFFERSON BUSCHER BACKHOE&LANDSCAPING,
LLC
• Mayor Title:0�'
ATTEST: ATTEST:
A-f y Clerk Title:
APP E 4T :City Coun el
•
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EXHIBIT A
SCOPE OF SERVICES
STRUCTURE DEMOLITION AND GRADE OF LOT
4209 4269 4289 & 430 East McCarty Street
1. Contractor shall obtain a demolition permit from the City and notify DNR before
any work is started. The City of Jefferson will issue a no fee demolition permit for
this work. Contractor shall comply with all terms of the permit and hold the City
harmless from failure to do so. DNR must be contacted by the successful bidder
before work begins. All four properties shall be free from any rubbish and all
unsafe or hazardous conditions which endangers the life or health of the public. A
separate contract for the removal of asbestos relating to structures on the four
properties has been awarded. All work under this contract shall be completed
before work begins on this specified request.
2. Contract is required to attend a pre-demolition meeting with City officials.
3. All utilities (electric, gas, water) shall be disconnected and removed from the
structure in accordance with the utility company's standards before work is started.
• 4. Sewer line shall be disconnected and plugged at the lot line and must be verified
by the City of Jefferson Sewer Division personnel.
5. Contractor shall provide a safety fence around all open excavations.
6. Contract shall control dust on the site and provide silt barriers as needed.
7. Contractor shall completely remove and dispose of the structures and all debris and
other trash items on the lots described. Removal and disposal shall be in
accordance with Department of Natural Resources regulation,Chapter 260,RSMO.
8. Contractor shall haul debris away from the site in covered trucks to an approved
demolition waste landfill.
9. All Concrete maybe used as basement fill. The basement floor may be left in place,
however it must be punched/broken to prevent the accumulation of water.
10. Remove all sidewalks and driveways except those in good condition along public
streets. All sidewalk damaged as part of the demolition process shall be placed.
11. The lot shall be graded to drain to the lowest corner of the lot. The grade shall not
allow the accumulation of water(ponding). The lot will be covered with at least 6"
clean soil. ALL rock, concrete and stone debris shall be covered with soil, seed and
• straw mulch. Straw shall be punched to prevent blowing.
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EXHIBIT A
• SCOPE OF SERVICES
STRUCTURE DEMOLITION AND GRADE OF LOT
4209 426, 4289 & 430 East McCarty Street
1. Contractor shall obtain a demolition permit from the City and notify DNR before
any work is started. The City of Jefferson will issue a no fee demolition permit for
this work. Contractor shall comply with all terms of the permit and hold the City
harmless from failure to do so. DNR must be contacted by the successful bidder
before work begins. All four properties shall be free from any rubbish and all
unsafe or hazardous conditions which endangers the life or health of the public. A
separate contract for the removal of asbestos relating to structures on the four
properties has been awarded. All work under this contract shall be completed
............-----------............................ before work begins on this specified.request.... ... .... .. .... ..........
2. Contract is required to attend a pre-demolition meeting with City officials.
3. All utilities (electric, gas, water) shall be disconnected and removed from the
structure in accordance with the utility company's standards before work is started.
• 4. Sewer line shall be disconnected and plugged at the lot line and must be verified
by the City of Jefferson Sewer Division personnel.
5. Contractor shall provide a safety fence around all open excavations.
6. Contract shall control dust on the site and provide silt barriers as needed.
7. Contractor shall completely remove and dispose of the structures and all debris and
other trash items on the lots described. Removal and disposal shall be in
accordance with Department of Natural Resources regulation,Chapter 260,RSMO.
8. Contractor shall haul debris away from the site in covered trucks to an approved
demolition waste landfill.
9. All Concrete maybe used as basement fill. The basement floor may be left in place,
however it must be punched/broken to prevent the accumulation of water.
10. Remove all sidewalks and driveways except those in good condition along public
streets. All sidewalk damaged as part of the demolition process shall be placed.
I: The lot shall be graded to drain to tfielowesf corner of the lot. The grade shall not
allow the accumulation of water(ponding). The lot will be covered with at least 6"
clean soil. ALL rock,concrete and stone debris shall be covered with soil, seed and
• straw mulch. Straw shall be punched to prevent blowing.
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• y OE ![/ie j
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MEMORANDUM
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Date January 25, 2007
To Terry Stephenson, Purchasing Agent
From Melva Fast, Administration
RE: Demolition of city-owned properties - 400 Block W. McCarty
• The bids have been reviewed,and references have been provided by the lowest bidder,
Buscher Backhoe and Landscaping, LLC. These references were called; bid forms and
tabulation were reviewed. Based on all of the available information, it is recommended
that the bid be awarded to:
Buscher Backhoe and Landscaping, LLC - Freeburg, MO
The funds are available in the following account: 3502-9900-7350-6059
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FINANCE DEPARTMENT
•
PURCHASING DIVISION
SUBJECT: Bid No. 2312 - Demolition of 420, 426, 428, and 430 East McCarty Street
Opened on January 23, 2007
BIDS RECEIVED:
Buscher Backhoe & Landscape, Freeburg, MO $40,498.30
Kauffman Enterprises, Jefferson City, MO $44,950.00
Suess Grounds Maintenance, Henley, MO $50,022.50
B & P Patterson Concrete, Linn, MO $50,780.00
Jeff Schneiders Construction, Jefferson City, MO $58,417.00
Kevin Rackers Excavation,New Bloomfield, MO $65,300.00
Twehous Excavating, Jefferson City, MO $66,600.00
JC Industries Inc., Jefferson City, MO $67,475.00
Jones Potter LLC, Holts Summit, MO $80,000.00
CL Richardson Construction, Ashland, MO $92,520.00
Don Schnieders Excavating, Jefferson City, MO $94,132.00
• FISCAL NOTE:
3205-9900-7350-6059 - City Facilities
2006-2007 Budget $323,714.00
Expended 1,966.20
Encumbered $ 18,800.00
Bid 2312 $ 40,498.30
Balance $262,449.50
PAST PERFORMANCE:
The City does not have a record of past performance with this vendor; however, staff
believes the vendor will complete the work as specified and bid.
RECOMMENDATION:
Staff recommends award to Buscher Backhoe & Landscape of Freeburg,MO in the
amount of$40,498.30.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signatur
• Purchas g ent Assistant to the City Administrator
City of Jefferson, Missouri
Tabulation of Bids
Bid No. 2312
Subj: Demolition of 420,426,428&430 E. McCarty
Subj: Administration Buscher Backhoe&Landsc. Kauffman Enterprises Suess Grounds Maintenanc B& P Patterson Concrete
Date: January 23, 2007 Freeburg MO Jefferson City Mo Henley MO Linn MO
page 1
ITEM Est. Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Base Bid for demolition of 420,426,428 $37,511.02 $43,950.00 $49,168.50 $47,780.00
and 430 East McCarty as specified
Alternate 1-total cost to complete work $2,987.37 $1,000.00 $854.00 $3,000.00
as specified for accessory bulidings on
above buildings
Total Cost of Base Bid and Alternate 1 $40,498.39 $44,950.00 $50,022.50 $50,780.00
Time required to complete the work 30 days 30 days 30 days 30 days
Discount for prompt payment none none none none
Represent a minority business no no yes no
Bid is firm for 90 days 3-30-07 May 1,2007 90 days
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City of Jefferson,Missouri
Tabulation of Bids
Bid No. 2312
Subj: Demolition of 420,426,428&430 E. McCarty
Subj: Administration Ja Schneiders Constructior Kevin Rackers Excavating Twehous Excavating JC Industries Inc.
Date: January 23,2007 Jefferson City Mo New Bloomfield MO Jefferson City MO Jefferson City MO
page 2
ITEM Est.Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Base Bid for demolition of 420,426,428 $56,384.00 $64,300.00 $63,750.00 $57,775.00
and 430 East McCarty as specified
Alternate 1-total cost to complete work $2,033.00 $1,000.00 $2,850.00 $9,700.00
as specified for accessory bulidings on
above buildings
Total Cost of Base Bid and Alternate 1 $58,417.00 $65,300.00 $66,600.00 $67,475.00
Time required to complete the work 10 days 20 working days 15 days 30 working days
Discount for prompt payment none none none none
Represent a minority business yes-WBE no no no
Bid is firm for April 23, 2007 90 days after id date April 30, 2007 120 days from bid opening
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City of Jefferson,Missouri
Tabulation of Bids
Bid No. 2312
Subj: Demolition of 420,426,428&430 E. McCarty
Subj: Administration Jones Potter LLC CL Richardson Construction Don Schnieders Excavating
Date: January 23,2007 Holts Summit MO Ashland MO Jefferson City MO
page 3
ITEM Est.Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Base Bid for demolition of 420,426,428 $76,000.00 $90,000.00 $90,230.00
and 430 East McCarty as specified
Alternate 1-total cost to complete work $4,000.00 $2,520.00 $3,902.00
as specified for accessory buiidings on _
above buildings
Total Cost of Base Bid and Alternate 1 $80,000.00 $92,520.00 $94,132.00
Time required to complete the work 30 days 30 days 15 days
Discount for prompt payment none none none
Represent a minority business no no no
Bid is firm for April 30,20 7 90 days after bid opening June 1, 2007