HomeMy Public PortalAboutPKT-CC-2011-01-28Memorandum
To: Councilmembers and Media
From: Mayor David L. Sakrison
Date: 01 /25/2011
Re: Special Meeting
The City of Moab will hold a Special Joint City Council/Grand County Council Workshop Meeting on
Friday, January 28, 2011 at 11:25 AM.
The purpose of this meeting will be:
1-1 Award of the 2011 Roadway Crack Sealant Project
1-2 Approval of the 2011 Roadway Crack Sealant Project Contract
1-3 Update on North Corridor Projects (Rebecca Andrus, David Olsen, Mark Wright)
1-4 Trail Update (David Olsen)
The meeting will be held at City Center, Council Chambers, 217 East Center St., Moab, Utah.
David L. Sakrison
Mayor
In compliance with the Americans with Disabilities Act, individuals needing special accommodations
during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532;
or phone (435) 259-5121 at least three (3) working days prior to the meeting.
REC-MEM-11-01-02
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CITY OF MOAB
PUBLIC WORKS DEPARTMENT
Memo
To: Honorable Mayor and Members of Council
From: City Staff
CC: Donna Metzler
Date: 1 /24/2011
Subject: Crack seal bid evaluation & bid award recommendation
After careful consideration through checking of references and experience in conducting this type of
work in the public right-of-way, we have come to the following conclusion.
In checking Precisions references we found that they provided only a few references, and among them
only one that involved working in the roadway. We were unable to get a number for the amount of
product they laid down and the references given did not provide us with that information either.
Bonneville has considerably more experience and their references from past projects have all checked
out very favorably. They are a well known company, and have the experience working in the roadway
that far exceeds Precision's experience of 1 roadway project. We feel that the safety of the public and
the fact that Bonneville has shown through the references given, that they are capable of conducting
this type of project with the least amount of issues and safety concerns.
Ken Denney and I both agree that although Precision Asphalt is the low bidder at a cost of $27,960, we
recommend awarding the bid to the second lowest bidder, Bonneville at a cost of $28,900, a difference
of $940.
Thank you for your consideration —
Jeff Foster, Public Works Director
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Crack Seal
Bid Opening January 6, 2011
Name
Amount
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Present at Bid Opening:
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1 /6/2011
City of Moab Recorder's Office
CONSTRUCTION CONTRACT
This CONTRACT is made and entered into this 28th day of January, 2011, by and
between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand,
State of Utah, in the Contract Documents referred to as the "City" and Bonneville Asphalt
herein referred to as the "Contractor".
WITNESSETH:
WHEREAS, the City advertised that sealed Bids would be received for furnishing all
labor, tool, supplies, equipment, materials and everything necessary and required for the
Project described by the Contract Documents and known as 2011 Roadway Crack
Sealant Project; and
WHEREAS, the Contract has been awarded to the above named Contractor by the
City, and said Contractor is now ready and able to perform the work specified in the Notice
of Award, in accordance with the Contract Documents.
NOW, THEREFORE, in consideration of the mutual promises and performances
stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows:
ARTICLE 1
Contract Documents. It is agreed by the parties that the following list of
instruments, drawings, and documents which are attached and incorporated by reference
constitute and shall be referred to either as the Contract Documents or the Contract, and
all of said instruments, drawings, and documents taken together as a whole constitute the
Contract between the parties:
a. Bid specifications for the Project;
b. official design prints and specifications furnished by or to the Contractor and
approved by the City;
c. change orders, approved written instructions, and written contract amendments;
and
d. Performance and other bonds.
e. General and Supplementary Conditions.
f. Notice of Award
20 I 1 Crack Sealant Project CC-1
ARTICLE 2
Definitions. In accordance with Article 1, the definition of items provided in the
General Contract Conditions applies to their usage in the Contract and other portions of
the Contract Documents.
ARTICLE 3
Contract Work. The Contractor agrees to furnish all labor, tools, supplies,
equipment, materials, and all that is necessary and required to complete the tasks
associated with the Work described in the Contract Documents, as limited to those items
as indicated in the Notice of Award. Contractor warrants that all construction shall be
completed in a workmanlike manner and in accordance with all plans, specifications, and
applicable building codes.
ARTICLE 4
Contract Time and Liquidated Damages. The Contractor hereby agrees to
commence work under the Contract on or before the date specified in a written Notice to
Proceed from the City, and to substantially and fully complete the work within the time
specified in the Special Conditions. In the event that the work is not completed in the
times set forth and as agreed upon, the Contractor further agrees to pay Liquidated
Damages to the City as set forth in the Special Conditions.
Special Conditions: The Contractor shall complete the Work no later than
March 15, 2011. Liquidated damages in the amount of $200 per day shall
be assessed against the Contractor in the event that the Work is not
completed by the agreed completion date.
ARTICLE 5
Contract Price and Payment Procedures. The Contractor shall accept as full and
complete compensation for the performance and completion of all of the work specified in
this Contract and the Contract Documents, the sum of $28,900. The Contract Price has
been lawfully appropriated by the City Council of the City of Moab for the use and benefit
of the Project. The Contract Price shall not be modified except by written change order
executed by the City.
a. Partial payments shall be made proportionate to the progress of the work
according to the following schedule:
Requests for payments shall be prepared by the Contractor and approved by the Project
Manager.
20 I 1 Crack Sealant Project CC-2
h I.Innenrn�n�l�nn of mower-k and nnnpp+nn a of +ho imnrey mon+c e rode-r
A. �TTVr- PPGTTQT'fCt-CfGG"h'Zurr crirr��rracr
the
Contract and before the Contractor's payment bond shall be released, the City shall
publish in a newspaper published in the City a notice that the City has accepted such work
final settlement therefore, and that persons having claims for labor, services, equipment,
or materials furnished the Contractor shall present the same to the Contractor for payment
not more than forty five (45) days after the last date services, labor, equipment, or
materials were provided.
ARTICLE 6
RBvra-QCerrtr-aGter-sholl f `inh benav-aGknewieag d iz+ hay a—.`-u-r ty-liee-nrsed--a-nd
authorized to do business in the State of Utah. The bonds shall be attached to and
become part of the Contract Documents. The fel'e inn bends-shioll be Inli„nred at +he
time of execution of this Contract:
a. A performance bond for the use and-benefi+ of +hn Gi+., in nn mmoi in+ nn+ Inco
than one hundred percent (100%) of contract price.
b. A payment bond for the use and benefit of subcontractors, laborers, and
0
price.
n Rnnrlc in Omni in+c of C'I nnn nn nr Inco n,il m,oc of S-1 nn nn; in
amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the
bond shall be fixed at the lowest sum that fulfills all conditions of the Contract.
d. The payment bond shall be released no sooner than forty six (46) days
following the last date labor, services, equipment, or materials arc provided under the
In the event such demand is timely made the bond shall not be released until such claim
arc finally adjudicated.
c. The performance bond shall be released no sooner than the date on which
final notice of acceptance of the improvements is delivered to the Contractor by the City.
f. Contractor shall provide a Certificate of Insurance as outlined in the
following insurance requirements.
20 I 1 Crack Sealant Project CC-3
Insurance Requirements
The limits of liability for the insurance required by the Contractor shall provide coverage
for not less the following amounts or greater where required by law:
Workers' Compensation
1. State: Statutory
2. Applicable Federal: Statutory
3. Employer's Liability: State Insurance Requirements
Comprehensive General Liability:
1. Bodily Injury:
1,000,000 CSL
1,000,000
2. Property Damage:
1,000,000 CSL
1,000,000
Each Occurrence
Annual Aggregate,
Products and Completed Operation
Each Occurrence
Annual Aggregate
3. Property Damage Liability Insurance shall provide Explosion, Collapse, and
Underground coverage where applicable.
4. Personal Injury, with employment exclusion deleted.
1,000,000 CLS
Comprehensive Automobile Liability:
1. Bodily Injury:
1,000,000 CSL
1,000,000 CSL
2. Property Damage:
1,000,000 CSL
Each Person
Each Accident
Each Occurrence
The Comprehensive liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded or canceled, materially changed, or
renewal refused until at least thirty days prior written notice has been given to
OWNER by certified mail. All such insurance shall remain in effect until final
payment and at all times thereafter when CONTRACTOR may be correcting,
removing, or replacing defective work.
20 I 1 Crack Sealant Project CC-4
Property Insurance:
Coverage as needed for his on -and off site materials.
ARTICLE 7
Contract Binding. The City and the Contractor each binds themselves, partners,
successors, assigns, and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the Contract Documents. The
Contract Documents constitute the entire agreement between the City and Contractor and
may only be altered, amended or repealed by a duly executed written instrument. Neither
the City nor the Contractor shall, without the prior written consent of the other, assign in
whole or in part his interest under the Contract and specifically, the Contractor shall not
assign any monies due or to become due without the prior written consent of the City.
ARTICLE 8
Warranties. Unless otherwise expressly disclaimed in these Contract Documents,
the Contractor warrants to the City that all the construction performed under this contract
shall be free from defects of workmanship, labor, and materials, for a period of one year
from the date of final completion of the improvements, or as expressly provided in the bid
specifications in the Contract Documents.
ARTICLE 9
Extensions. For good cause shown, the City may grant a reasonable extension of
time for the completion of improvements pursuant to this Contract. Good cause may
include acts of God, severe weather disturbances, floods, strikes, riots, or other acts or
causes which are unforeseen and beyond the Contractor's control.
All extensions shall be approved in writing.
ARTICLE 10
Legal Compliance, Indemnity. Contractor hereby warrants that it is licensed
and authorized to do business in the State of Utah; that it maintains complying policies for
workers compensation coverage and that said coverage shall be in place for the duration
of its performance under this Contract; that it maintains a suitable policy of motor vehicle
and comprehensive general liability insurance and that said policy shall be in place for the
duration of this Contract; and that it shall perform this Contract in compliance with all
applicable local, state, and federal laws.
a. Contractor hereby agrees to indemnify and hold the City, its officers,
employees, and agents harmless from all demands, claims, suits, or liability, including
costs of defense, as result of damages or losses to persons not a party to this agreement
and deriving, directly or indirectly, from the actions, omissions, or breach of duties under
20 I 1 Crack Sealant Project CC-5
this agreement by the Contractor, its officers, agents, employees, or subcontractors.
ARTICLE 11
Venue, Choice of Law. The place of performance under this Contract is Grand
County, Utah. In the event of any legal dispute concerning the subjects of this agreement
the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah.
This contract shall be construed in accordance with the laws of the state of Utah.
ARTICLE 12
Costs and Damages. In the event of any legal dispute concerning the subjects of
this contract, the substantially prevailing party shall be entitled to recover its reasonable
attorney's fees and court costs, together with all actual damages from breach. It is
understood that in no event shall the City be liable to Contractor for consequential
damages.
ARTICLE 13
Notice of Breach, _Limitation of Actions. In the event of the occurrence of any
material breach of the terms of this contract the non -breaching party shall deliver written
notice of same to the other party not more than forty five (45) days from the discovery of
the act, omission, event, or default constituting breach. Failure to provide notice of breach
as provided herein shall result in any such claim being barred. Any legal action pursuant
to this contract shall be filed not more than one year from the date of written notice of
breach.
a. Delivery of notice shall be deemed sufficient if personally delivered or sent by
First Class mail as follows:
City Recorder
City of Moab
217 East Center Street
Moab, Utah 84532-2534
Contractor:
Bonneville Asphalt
P.O. Box 186
Orem, Utah 84058
IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be
subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the
Contractor has signed this Contract as set forth below.
20 I 1 Crack Sealant Project CC-6
Date:
ATTEST:
City Recorder
(Seal)
Contractor:
City of Moab, Utah
By:
Mayor
Date: By:
Title
Title:
State of Utah )
County of )
On the day of , personally appeared before me
, who duly acknowledged to me that they
executed the same.
My Commission Expires:
Notary Public
Residing in: County
20 I 1 Crack Sealant Project CC-7