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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