HomeMy WebLinkAboutRES.2612.04-18-2011BILL NO. 11-63
RESOLUTION NO. CLV/d
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEMOLITION CONTRACT WITH KEVIN
WILLIAMS EXCAVATING, LLC FOR THE CAPAHA PARK
MUNICIPAL POOL DEMOLITION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Demolition Contract with Kevin Williams Excavating, LLC, for the
Capaha Park Municipal Pool demolition and clean-up. A copy of
said Contract is attached to this Resolution and made a part
hereof.
PASSED AND ADOPTED THIS �� DAY OF 20
iryE. Redi er, Mayor
ATTEST:
DEMOLITION CONTRACT
This agreement, entered into this day of , 2011, by and between
the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as
"City", and Kevin Williams Excavating, LLC., P. O. Box 172 Commerce MO 63742,
hereinafter referred to as "Contractor."
In consideration of the mutual covenants contained herein and other good and
valuable consideration, City and Contractor agree as follows:
Contractor shall totally demolish the following buildings:
The Contractor will be responsible for acquiring all necessary permits, and for demolishing the structure
in accordance with all applicable City of Cape Girardeau codes and ordinances. All of the utilities have been
disconnected by the City. A demolition permit will be issued at no cost Missouri Prevailing Wage Rates apply
on this project.
Following is the address of the structures to be demolished:
CAPAHA PARK MUNICIPAL. POOL
1400 BROADWAY
NOTE: The site has been tested for asbestos and lead based paint and the brick and concrete are
considered as"Clean Fill." (The reports are available for review at the Planning Services Office.)
1. Remove the chain link fence around the pool, light fixtures, all rubbish and debris.
2. Remove the one (1) story brick pool house. Remove all footings, foundation and concrete floor slab.
3. Remove the concrete pump house and bathroom. Remove all footings, foundation and concrete
slabs.
4. Remove the swimming pool, wading pool and all concrete deck in the pool areas.
5. Remove the sidewalk around the perimeter ofthe pool and the steps to the south parking lot and the
north parking lot and portion of the sidewalk at the south parking lot. (See Attachment 1).
6. Haul all concrete and brick to the fill site provided or an approved fill site as per City and DNR
regulations.
7. Haul all rubbish and debris to an approved landfill.
8. Fill the site, grade and seed and straw (See attached grading plan).
9. The City has made available approximately 2000 CY of fill at a stock pile and a dump site for the
clean fill concrete (See Attachment 2).
1. All debris and rubbish shall be removed from the demolition site and deposited at
a site satisfactory to the City. All holes left by removal of the foundations shall be filled with
good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt
required for filling any holes shall be obtained at a site satisfactory to the City Engineer.
Contractor will be responsible for any damage done to the sidewalks, alleys or streets
adjoining the property. All utilities shall be disconnected prior to demolition. Contractor
shall take all necessary care to protect nearby buildings, drives, motor vehicles, and all
adjoining property, and the Contractor is to leave same in condition equal to that which now
exists.
2. Contractor shall provide all labor and materials, and furnish and direct at its
own expense, whatever equipment or work may be necessary for the expeditious and
proper execution of its duties under this contract.
3. Contractor shall secure, at its own expense, all permits, licenses and
consents required by law or necessary to perform this work and will give all notices and pay
all fees and otherwise comply with applicable city, county and state laws, ordinances, rales
and regulations.
4. Should Contractor at any time refuse or neglect to supply adequate materials
or equipment or a sufficient number of properly skilled workmen, or fail in any respect to
prosecute the work with promptness and diligence, or fail to perform any of the agreements
of this contract, City may, at its election, immediately terminate this agreement, giving
notice to Contractor in writing of such election, and. enter on the premises and take
possession for the purpose of completing the work included under this agreement, and
may employ any other person or persons to finish the work and to provide the materials
therefor at the expense of Contractor.
5. Contractor shall indemnify City from all claims, demands, suits and actions of
every name and description brought against the City for or on account of any injuries or
damages received or sustained by any parties by or as a result of the acts or omission of
Contractor, his servants or agents, in doing the work herein described, or by or as a result
of any negligence in guarding the same, or on account of any improper equipment or
materials utilized. in performing the work.
6. Contractorshall priorto commencing work furnish to City a certified check or
a surety bond, the form of the bond and surety company to be approved by the City, in the
amount of Seven -Three Thousand Six Hundred Dollars ($73,600.00), conditioned on the
performance by Contractor of all its duties hereunder.
7. Contractor agrees to file with the City prior to commencement of work, a
certificate of insurance naming the City as coinsured and showing that the Contractor has
in force for a period equal to the period of the contract a policy of general liability insurance
insuring Contractor against liability for personal injuries and property damage arising out of
the contract in a minimum amount of $100,000.00 for injury or damage to any one person
and $2,000,000.00 for injuries or damages received in any one accident. Contractor
agrees to provide and maintain during the entire term of the contract and until final
acceptance of the work by the City, workers compensation insurance for all of its
employees at the site of the work.
8. Upon satisfactory performance by Contractor of its duties underthis contract,
and acceptance of said work by the City Engineer, City will pay Contractor the sum of
Seven -Three Thousand, Six Hundred Dollars ($73,600.00).
- 2 -
9. Time is of the essence of this agreement and Contractor agrees to begin
working within ten (10) days after the date of this contract and to complete the work within
forty-five (45) days, and in case the contract is not completed within this length of time,
excepting extensions granted to the Contractor for delays caused by conditions beyond his
control, Contractor will pay the City for damages the sum of Fifty Dollars ($50.00) per day
for each day overforty-five (45) days it is required to complete the work covered under this
contract.
10. Contractor shall not assign or sublet this contract or any portion thereof
without the prior written consent of the City.
11. Failure of the .City to insist in any one or more instance on a strict
performance of all of the terms or conditions of this contract, or to exercise any right herein
contained, shall not be construed as a future waiver or a relinquishment of the provisions or
rights, but the same shall continue and remain in full force and effect. None of the terms or
conditions of this contract shall be altered, waived, modified or abandoned in any manner
except by written instrument executed by both parties.
IN WITNESS WHEREOF, the parties have executed this agreement at Cape
Girardeau, Missouri, the day and year first above written.
ATTEST:
Gayle L. Conrad, City Clerk
ATTEST:
[Typed Name of Secretary]
CITY OF CAPE GIRARDEAU, MISSOURI
Scott A. Meyer, City Manager
Kevin Williams Excavating, LLC.
Kevin Williams
[Typed Name of Signer]
- 3 -
CAPAHA POOL. DEMOLITION PROJECT
GRADING PLAN
After all pool improvements are removed, the site shall generally be sloped from north to
south. All existing slopes shall remain in place except the west slope. The west slope
shall be cut approximately in half and used for fill on the site. All new finished grades
shall be no steeper than 3:1. The site shall be graded to tie into existing slopes. The
limits of grading are shown on Attachment 1. No trees or bushes shall be disturbed
except for those shown on Attachment 1. The approximate quantity of fill needed for the
pool site is 6,750 CY. The Parks and Recreation Department has 2,000 CY of fill
available for use. The contactor shall supply approximately 4,750 CY of fill.
- 4 -
ADDENDUM #1 (3-29-11) CAPAHA PARK MUNICIPAL POOL
BID OPENING -APRIL 4,2011-2:00 P.M.
The Contractor shall rebuild, repair, restore, or make good at his expense,
all damages to any portion of the parking lot, alley, sidewalks, streets, or
driveways, before its completion and acceptance, caused by the action of the
elements or from any other reason.
NOTE: THIS COST TO BE INCLUDED IN THE BASE BID.
r Saw cut New Aggregate it Mh. 2r Mn.
(Typical) Base Course Tyg'w12l Tyd .
(see Note 1.)
Prime Coat
�
Ex.Flexible �� � �; (TVP-)
Pavement
'—ate or sP2 — (— — —
n I W
Ex Flexible
Pavement or
Aggregate Base —
rUfility
p MeeE City a(
Notes: pecifications
1. Patch depth of New Pavementwings,
and New Base shall matchexisting senior or 12 Indiesminimum whichever is greater.
4 FLEMBLE PAVEMENT REPAIR
(SEE SPECIRCATION SECT= 6V)
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contractor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency;
(b) Have not within a three (3) year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or
Local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three --year period preceding this subcontract had one or more public
transactions (Federal, State or Local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
contractor or termination of the contract. In addition, under IS USC Sec. 1001, a false
statement may result in a fine of up to S 10,000 or imprisonment for up to five (5) years or
both.
Kevin Williams Excavating LLC
Typed Name & Title of Authorized Representative .
Signature of Authorized Representative
Date
❑ I am unable to certify to the above statement. My explanation is attached.
EXHIBIT
AFFIDAVIT REGARDING EXCESSM UNEMPLOYMENT
CONIES NOW as (Office Held) 0 W n2 r
of (Company Name/Contractor) k2yi n ���� OlrhrXe0.�ct1► nand first being duly sworn, on
my oath, affirm as follows:
1. Whenever there is a period of excessive unemployment in the State of Missouri, as
defined in Section 290.554; et seq., RSMo, the contractor will comply with all of the provisions of
this Statute in respect to employees that will work in connection with the contracted services related
to (Project Name) W&_6 Por �'YIt1n�c+Aa� �ooi o for the duration of the contract
2. 1 also affirm that (Company Name/Contractor) Ke„! v5 W 1li Gt�'YfS KCG1dAcT �
does not and will not knowingly employ a laborer who is not a "Missouri Laborer” or a "Laborer
from a Nonrestrictive State", as those terms are defined M. Section 294.550, et seq., RSMo, except
that other laborers may be used if such required laborers are not available, or are incapable of
performing that particular type of worked involved, if so certified by the contractor and approved by
the City of Cape Girardeau, or unless otherwise permitted by that Statute, in connection with the
contracted services related to (Project Name) "rk Pool Pe"11011111 for the duration of the
contract.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
(name of corp. tion)
ti
By:
(name of officer of corporation and title)
ATTEST:
Secretary t ger officer)
(SEAL OF CORPORATION
EXHIBIT
AFFIDAVIT OF WORK AUTHORIZATION
C01\4ES NOW (Name) A'eVt n QJ PDX4.5 as (Office Held) 0 W /1 f r
of (Company Name/Contractor) &i n 0 //,q M S and first being duly sworn, on
my oath, affirm as follows: fJ%� { ''�/ 1 ) l
1. (Company Name/Contractor) 11P_V lln f 11, QA' s
is enrolled and will continue to participate in a federal work authorization program in respect to
employees that will work in connection with the contracted services related to (project Name)
IX'rit
�(�fk 1�JAi(s i Pad ], oei for the duration of the contract in accordance with RSMo
Chapter 285.530(2). /%% r ! l/
2. I also affirm that (Company Name/Contractor) _ Ate Vf A LiAl al rh_5 �, ' %4 does
not and will not knowingly employ a person who is an unauthorized alien in connection with the
contract services related to (Project Name) CopAa Ark dv i;c� J Poe] &,,naktra4 --- for
the duration of the contract.
3. Attached hereto is documentation affirming Contractor's enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
i//•�! // �i,.YGC� vex%'ri g
(name oEcorporation)
By:
(name of officer of corporation and tide)
ATTEST:
Secretary (o er officer)
(SEAL OF CORPORATION
EXHIBIT
AFFIDAVIT OF OSHA TRAINING
CONIES NOW (Name)_�tyin J'V"iMS as (Office Held) 01411 Pt
of (Company Name/Contractor) _ SGP✓i n �•��� ar�S �a'Ca dafi�- and first being duly sworn, on
nmy oath, affirm in connection with the contracted services related to l,Aofkt.6 park moni GX,I
Y61 mo i o (Project Name) for the duration of the contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project. The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of Labor and
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675, RSMo.
2. Contractor shall require its on-site employees to complete a construction safety
program within sixty (60) days after the date work on the Project commences, as required by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will be subject
to removal from the Project.
4. Contractor shall require all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo_
5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars
($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar
- day, or portion thereof, such on-site. employee is employed without the construction safety training
required in Section 292.675, RSMo.
6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition
of the penalties described therein shall be investigated and determined by the Missouri Department
of Labor and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred