HomeMy Public PortalAboutORD10656 BILL NO. —�9 .
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT WITH JEFFERSON ASPHALT COMPANY, INC.
FOR THE 1986 OVERLAY PROJECT.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1, The Mayor and Clerk are hereby authorized and directed to
execute a contract with Jefferson Asphalt Company, Inc. , for the 1986
Overlay Project for the sum of $310,540.94.
Section 2. The contract shall be substantially the same in form and
content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and
after the date of its passage and approval.
Passed �r� �. /�7 � Approved
L-J A -- Mayo �
Pres ing Officer r
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
TPiS CONTRACT, made and entered into this ` day of
t-e--e- , 19 by and between _ Jefferson Asphalt '
comps v. Inc. , hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, herei.nafter 'called "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: 1986 Overlay Project
NOW, THEREFORE, the parties to this contract agree to the
following:
I. Manner and time for Completion. The 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 sixty ( 60 )_ (calendar, Wg; ipgJ
days from the date Contractor is ordered to proceed, which order
shall be. issued by the Director of Public Works within f if t-Y ( 50)
days after the date of this contract. w
2. Prevailing Wages. AU labor utilized-in the construction
of the aforementioned improvements shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of a
similar character in this locality, as established by the
' 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 Special Wage Determination No.
6-026-144 mat>Om� iz:ia xtbxxxxxxxxxxxxxxxxxxxxx ,
in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record showing the
names and occupations of all workmen cloyed by Contractor in
connection with the work to be performed under the terras 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 Director of Public Works 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 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.
3. Insurance. Contractor shall procure and maintain at its
own expense during the life of this contract:
i'
(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 $800,000 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 claim
�� • 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
$800,000 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 $800,000 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) Oaner's Protective Liability Insurance - The Contractor V r
shall also obtain at its own expense and deliver to the
City an Ovmer's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an
amount not less than $800,000 for all claims arising
out of a single accident or occurrence and $100,000 for
Ak 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
liabiliL ty for damage to underground structures or by
reason of blasting, explosion or collapse.
4
(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 Sub-
paragraphs (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.
NGTE; 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
whole 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 claim arising from operations
by anyone directly or indirectly employed by the
toContractor.
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 dixectly
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. 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. ;
s 5. Liquidated Damages. The Director of Public Works may, at r
his discretion, deduct $COQ ,s day 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 cc-Mlete
the .,irk 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 unforseeable
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 (S) days' prior written
notice to the Contractor, without prejudice to any other rights
or remedies of the City should the 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 workmem 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. Cit 'y s Right to Proceed. In the event this contract is
terminated pursuant, to Paragraph 6, then the City may take over
the work and prosecute the se--ne 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; applicances 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.
8. Guards and Lights. The Contractor agrees to defend,
indemnify, and save the City harmless from and against all
claims, suits and actions of every description, brought against
the Cit-,y and from all da-mge and costs by reason or on account of
any injuries or damages received or sustained by any person or
persons, or their property, by.Contractor, its servants, agents
or subcontractors, or arising out of the award of this contract
to Contractor.
-9. Indemnity. The Contractor agrees to defend, indemnify, _
and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from =
all damage and costs by reason or on account of any'injuri.es or
damages received or sustained by any person or persons, or their
property, by Contractor, its servants, agents or subcontractors
in the construction of said work, or by any negligence or
carelessness in the performance of the same, or on account of any
act or omission of Contractor, its servants, agents, or
subcontractors, or arising out of the award of this contract to
Contractor.
J.O. 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.
a
11. Payment. The City hereby agrees to pay the 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 Public Works and in accordance with
the rates and/or 'amounts stated in the bid , of Contractor
dated , 19 86 , 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. ..
12. Contract Doctrnents. The contract documents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumrated 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.
13. Nondiscrimination. The 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.
it
14. Notices. All notices required to be in writing may be
given by first class mail address to the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri 65101, and Contractor at
7 n7 �1Pwnp 1 Rnari_ .Tpffprcnn ri is MQ 69101 The Bate of
delivery of any notice shall be the second fu day after the day
of, its mailing. -
15. Jurisdiction. This agreement and every question arising
hereunder sha11 be interpreted according to the laws and statutes
of the State of Missouri.
16. IN TESTIMONY L%ffiRDOF, the parties hav hereunto set
their hands and seals this - � day of ,
19 8C
CITY OF JEFFERSON, MISSOURI
By
_ MAYOR
ATTEST:
CITY CLERK
CONTRACTOR
ATTEST:
SFjCf&-TAFM
Ask
' CEI:TIFICAU OF INSURANCE
Issued at the request of The C17Y Or, JETEMN, MISSOURI
Omer
Address: CITY NALL, MTERM.11 CITY, MISSOURI
THIS IS TO CERTIFY that the insured named below is at this date insured
• with
as described in the following schedule, and in full empliance with the
Contract Documents' including all. contractual liability coverage.
`• ` DE9CRII'TIVF SCHFDULE
F
Name of Insured:
Address of Insured:
?vacations Covered:
Description of Mork:
_
i
C
,F
JPERFOR.hMM AND ONE YEAR GUAMAMEE 90;JD
iCMIV ALL 1-01 BE 71iM PRES''M- b", that we, the undersigned _
hereinafter referred to as
Contractor" and
a fbrpox�ation'organ ized under the laps of the State of
and authorized to transact business in the State of ,
as Surety, are held and firmly hound unto the
hereinafter referred to as &"Owner"
' in the penal sure of
DOLLARS ($ ), lawful money of
the United States of America for the payment of which sum, well and truly to be
made, we bind ourselves and our heirs, executors, administrators, successors,
and assigns, jointly and severally by these presents.
THE OOMITION OF THE FOREWJNIl G OBLIGATION IS SUCH THAT:
IMMEAS, the above bounden Contractor has on the day of
19 , entered into a written contract with the aforesaid Owner for furnish-
ing all materials, equipment, tools, superintendence, labor, and other facili-
ties and accessories, for the construction of certain improvements as designated,
defined and described in the said Contract and the Conditions thereof, and in
accordance with the specifications and plans therefore; a copy of said Contract
being attached hereto and made a part hereof:
MW THEMFORE, if the said Contractor shall and will, in all particulars, well
duly and faithfully observe, perform and abide by each and every covenant,
condition, and part of the 'said Contract, and the Conditions, Specifications, ;
Plans, Prevailing Wage I,aw and other Contract Documents thereto attached or, by
reference, made a part thereof, according to the true intent and meaning in each
case, and if said contractor shall replace all defective parts, matetial and
workmanship for a period of one year after acceptance by the Owner, then this
Obligation shall be and become null and void; otherwise it shall remain in full
force and effect.
PROVIDED FUR EM, that if the said Contractor fails to•duly pay for any labor,
materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel
oils, greases, coal repairs, equipment and tools cons ped or used in said nark,
groceries and foodstuffs, and all insurance premiums, ccrnpensation liability,
and otherwise, or any other supplies or materials used or consumed by such
Contractor or his, their, or its subcontractors in performance of the work
contracted to be done, the Surety will pay the same in any amount not exceeding
the amount of this Obligation, together with interest as provided by law:
PROVIDED 1:[IRrM, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration,
or addition -to the terms of the contract, or the work to be performed
thereunder, or the specifications accompanying the same, shall in any
wise affect its obligation on this bond and it does hereby waive notice
of any change, extension of time, alteration, or addition to the terms
of the contract, or to the work, or to the specifications:
PROVIDED FUFHI J, that if the said Contractor fails to pay the prevail-
ing hourly rate of wages, as shown in the attached schedule, to any
workmn engaged in the construction of the improvements as designated,
defined and described in the said contract, specifications and condi-
tions thereof, the Surety will pay- the deficiency and any penalty
provided for by law which the contractor incurs by reason of (his/its)
act or cmi.ssion, in any amount not exceeding the amount of this oblig"
Lion together with interest as provided by law:
•
W= Y5HMMF, the said Contractor has hereunto set his hand, and t.
the said St=ety has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed, by it attorney-in-fact 2 '
duly authorized thereunto so to do, at
on this the day of
• 19
SURE Q0 PANY CONq RACIOR
BY - - - --- (S'E4L) By (SEAL)
IIy
_(SEAL) By ( )
Attorney-in-fact (State Representative)
(Accompany this bond with Attorney-in-fact's authority fran the Surety
Company certified to include the date of the bond.)
•
OVERLAY
Ak AM SCHEDULE OF QUANTITIES
Location Length x Width Sq.' Yds. Tons
* Stadium - Southwest to Edgewood 37 809 3326 366
fl' Primrose - Edgewood to Tower 31 1033 3558 391
* Dogwood - Edgewood to Tower 28 895 2784 306
* Greenberry - Dixon to Bridge 28 3794 11804 1298
Stadium West-Mo.Bl.vd to Frog Hollow 32 4157 14780 1626
4 County Park-Fairground/City Limits 25 641 1781 196
Leandra-Fairgrounds/Country Club 24 1740 4640 .. = , 510
Leandra-S.Country Club/City Limits 24 1730 4613 . 507
Leandra Spur-S .Country Club/City Limits 24 1770 4720 519
S. Country Club - 2 spots 22 1000 2444 269
Leslie-Moreau Dr. to Chestnut 36 2404 9616 1058
*. Leslie - Chestnut to Lafayette 30 1355 4517 497
Rolling Hills Road 22 1000 2444 269
* Stadium Central - Christy West 31. 310 1068 117
Rear Country Club off Hogan 21 562 1311 144
* Jefferson-St. - 50/63 to McCarty 39 760 3293 362
* Jefferson St. - Swifts to Stadium 36 800 3200 352
Cedar Hills 24 1000 2667 293
* Approximately 6 alleys 390
TOTAL } 9470
* Indicates Grade "D" mix, all others listed to be Type "C"
ASh