HomeMy Public PortalAboutORD15319 BILL NO. 2014-63
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. / 530
0!
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN
CONSTRUCTION, LLC, FOR THE RUNWAY 12-30 & TAXIWAY B REHABILITATION
PROJECT.
WHEREAS, Lehman Construction, LLC, has become the apparent lowest and best
bidder on the Runway 12-30 & Taxiway B Rehabilitation project with a bid
in the amount of $6,181,141.74.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Lehman Construction, LLC, is declared to be the lowest
and best bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Lehman Construction, LLC, on the Runway 12-30 & Taxiway B
Rehabilitation project.
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.. /
Passed: ( .6 I /I Approved: (c/6/(K
//
l I i
Presiding Officer Wiry Mayor
ATTEST: APPROVED AS TO FORM:
Clerk y selor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2728 — Runway 12-30 & Taxiway B Rehabilitation Project
Public Works, Engineering Division, Opened April 22, 2014
RECOMMENDATION:
Staff recommends award of the bid to the lowest and best bid meeting specifications, Lehman
Construction, LLC of California, Missouri in the amount of $6,181,141.74.
BIDS RECEIVED:
Lehman Construction LLC, California, MO $6,181,141.74
Emery Sapp & Sons, Inc., Columbia, MO $6,403,819.45
Illinois Valley Paving, Springfield, IL $6,309,704.61
Chester Bros. Construction, Co., Hannibal, MO $6,865,249.24
Millstone Banged, St. Charles, MO $6,925,394.20
The project was advertised in News Tribune, posted on the city web site, and sent to seven plan
rooms.
FISCAL NOTE:
61-990-578075 43-990-590075 44-990-590075
Main Runway Reconstruction Airport Matching Airport Matching
Available $6,510,107.00 Available $180,695.97 Available $300,000.00
Bid 2728 $5.810.273.00 Bid 2728 $180.695.97 Bid 2728 $190,172.77
Balance $ 699,834.00 Balance $ -0- Balance $109,827.23
PAST PERFORMANCE:
Staff believes the contract will complete the project as specified and bid.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature (16/11/ Lt.f,0,1. 1 L
Purcfiask 'Agent 'ublic Works Director
to IF 1 acts,
401_ i
S
Department of Public Works Memorandum
320 E. McCarty Street •Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.ieffcitvmo.orq
Date: September 15, 2014
To: Terry Stephenson, Purchasing Director, Finance
From: Britt E. Smith P.E., Operation Director
Subject: Runway 12-30 & Taxiway B Rehabilitation Project
Bid No. 2728
Public Works has completed a review of the bids opened at 1:30 PM on April 11, 2014 for the
above noted project. As pad of the review all the bids were tabulated to check for math errors
and to compare unit price quotes of the various contractors. Attached to this memo is the
tabulation of the five (5) bids received for the project.
Based on our review, we recommend acceptance of the bid from the low bidder Lehman
Construction, LLC of California, MO. The total amount of the contract will be $6,181,141.74.
The project will be expended as follows:
Account Available Required Remaining
61-990-578075 $6,510,107.00 $5,810,273.00 $699,834.00
43-990-590075 $180,695.97 $180,695.97 $0.00
44-990-590075 $300,000 $190,172.77 109,827.23
If you need any other information please feel free to contact me at extension 6450.
Attachments: Bid Tabulation Sheet
cc: Project file
Writer's file
JEFFERSON CITY MEMORIAL AIRPORT
Runway 12-30&Taxiway B Rehabilitation
Project No,13-040B-2 I BMcD No.67966
AprIl 22, 2014
BID TAB SUMMARY AT OPENING(As Road to the Public)
BID PACKAGES
BIDDERS Base Bid: Bid Alternate 1 Bid Alternate 2 Base Bid&Alternate 1 Base Bid&Alternate 2 Base Bid Zlternates Comments
Engineer's Estimate
(BMcD) $6,906,697.88 $171,328.50 $88,500.00 $7,078,026.38 $6,995,197.88 $7,166,526.38
Lehman Construction
Company $5,917,699.73 $149,032.01 $114,410.00 $6,066,731.74 $6,032,109.73 $6,181,141.74
Emery Sapp&Sons $6,199,405.45 $132,925.00 $71,489.00 $6,332,330.45 $6,270,894.45 $6,403,819.45 Bid combinations were
not read aloud at the Bid
Opening
Illinois Valley Paving $6,236,677.11 $139,583.89 $73,027.50 $6,376,261.00 $6,309,704.61 $6,449,288.50
Chester Bros Constuction
Company $6,650,120.30 $139,658.94 $75,470.00 $6,789,779.24 $6,725,590.30 $6,865,249.24
Millston Banged $6,690,570.20 $145,924.00 $88,900.00 $6,836,494.20 $6,779,470.20 $6,925,394.20
BID PACKAGES
BIDDERS Bid Bond Addendum No. 1,2& Buy American Worker Eligibility DBE Utilization Signature of Bidder Evidence of Bidder's
3 Certification Verification Statement Form(Page-PF-16) Qualifications
Lehman Construction YES YES YES YES YES-9.39% YES Received as Requested
Company
YES YES YES YES YES-9.07% YES Received as Requested
Emery Sapp&Sons
YES YES YES YES YES-9.65% YES Received as Requested
Illinois Valley Paving -
Chester Bros Constuction YES YES YES YES YES-9.0%(written as YES None Provided at time of
Company 0.9%) Bid
YES YES YES YES YES-9.02% YES None Provided at time of
Millston Banged Bid
Jell City RW 12-30 TW B Bid Opening record Sheet 04-22.14 Convicted 0423-14 dgh,xlsx 1 of 1 4/23/2014
RUNWAY 12-30&TAXIWAY B REHABILITATION IFC AUGUST 2014
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT,made and entered into thisday of 2014,by and between
Lehman Construction, LLC., hereinafter referre to as "Contractor," and the City of Jefferson, Missouri, a
municipal corporation of the state of Missouri,hereinafter referred to as"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:
Project No.67966,MoDOT No. 13-04013-2,Runway 12-30&Taxiway B Rehabilitation
NOW THEREFORE,the parties to this contract agree to the following:
I. Scone of Services.
Contractor agrees to provide all labor,equipment, hardware and supplies to perform the work included in the project
entitled"Runway 12-30&Taxiway B Rehabilitation" in accordance with the plans and specifications on file with
the Department of Public Works.
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary
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 217 calendar days for Base Bid, Bid Alternate No. 1 and Bid
Alternate No. 2 from the date Contractor is ordered to proceed, which order shall be issued by the Director of
Public Works 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 project because Contractor has obtained the prevailing hourly rate of wages from the
contents of the current Annual Wage Order No.20, Section 014, Callaway County, and Federal Wage rates as
set forth. The 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 Purchasing Agent of the Jefferson City Finance
Department each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One
Hundred Dollars($100.00) 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.
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.
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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. The 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 $500,000 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, the 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.
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 (according to the below schedule) 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
ensure 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.
BID/PHASE LIQUIDATED DAMAGES COST ALLOWED CONSTRUCTION TIME
Phase 1 $3,500/Calendar Day 125 Calendar Days*
Phase 2A $7,000/Calendar Day 12 Calendar Days
Phase 2B $2,000/Calendar Day 14 Calendar Days"
Phase 3 $2,000/Calendar Day 42 Calendar Days"
Phase 4 $2,000/Calendar Day 24 Calendar Days"
Total Calendar Day 217 Calendar Days
Contract
* Includes the additional calendar days for acceptance of Bid Alternate No.2.
** Includes the calendar days for the acceptance of Bid Alternate No. 1.
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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 Engineer, Burns &
McDonnell Engineering, Inc., 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,
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 ensure the payment of
all materials and labor used in the performance of this contract.
11. Supplies.
The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods
and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and
maintain records and invoices of all such purchases which shall be submitted to the City.
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 Director of Public Works, and in
accordance with the rates and/or amounts stated in the bid of Contractor dated April 22, 2014, 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
Slt Million One Hundred Eighty One Thousand One Hundred Forty One Dollars and Seventy Four Cents,
($6,181,141.74 USD).
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the
execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts
due to all suppliers of labor and materials,the payment of insurance premiums for workers compensation insurance
and all other insurance called for under this contract,and the payment of the prevailing wage rate to all workmen as
required by this contract, said bond to be in a form approved by the City, and to be given by such company or
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RUNWAY 12-30&TAXIWAY B REHABILITATION IFC AUGUST 2014
companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be
equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications
and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable,
such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract
as a whole,or of any section,subsection,sentence,clause,or attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have
jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby
consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract,the City
shall be entitled to recover its attorney's fees and expenses incurred in such action.
17. 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. Drawing and/or Sketches
e. Signed Copy of Bid j. Local Provisions
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.
18. Complete Understanding,Merger.
Parties agree that this document including those documents described in the section entitled "Contract Documents"
represent the full and complete understanding of the parties. This contact includes only those goods and services
specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the
City.
19. Authorship and Enforcement
Parties agree that the production of this document was the joint effort of both parties and that the contract should not
be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of
this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any
other relief, its reasonable attorney's fees,expenses and costs.
20. Amendments.
This contract may not be modified,changed or altered by any oral promise or statement by whomsoever made; nor
shall any modification of it be binding upon the City until such written modification shall have been approved in
writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for
paying for changes or modifications that were not properly authorized.
21. Waiver of Breech .
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or
conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at
one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms,
covenants or conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express
consent of the remaining party.
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23. 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 affiliation, against any
employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or
awarded hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is
an unauthorized alien in connection with the contracted services Contractor agrees in the
performance.
C. if Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide
proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed.
25. OSHA Training.
Prior to the commencement of work:
a. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA)
construction safety program for their on-site employees which includes a course in construction safety and health
approved by OSHA or a similar program approved by the department which is at least as stringent as an approved
OSHA program.
b. All employees subject to this provision are required to complete the program within sixty days of
beginning work on such construction project.
C. Any employee, agent, or subcontractor of the Contractor subject to this provision found on the
worksite without documentation of the successful completion of the course shall be afforded twenty days to produce
such documentation after which time they shall be removed from the project.
d. If Contractor fails the provisions of subsection a, b, or c, the Contractor shall forfeit as a penalty
two thousand five hundred dollars, plus an additional one hundred dollars for each employee employed by the
Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the
required training. The penalty shall not begin to accrue until the time period in subsections b or c, whichever is
applicable,of this section have elapsed.
e. The City shall withhold and retain from any amount due under the contract, all sums and amounts
due and owing as a result of any violation of this section when making payments to the Contractor under the
contract. The Contractor may withhold from any subcontractor,sufficient sums to cover any penalties the City has
withheld from the Contractor resulting from the subcontractor's failure to comply with the terms of this section.
26. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a
prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of
registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of
coverage for workers'compensation insurance or self-insurance signed by the transient employer and verified by the
department of revenue through the records of the division of workers' compensation; and (3) The notice of
registration for unemployment insurance issued to such transient employer by the division of employment security.
Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in
the laws section, be liable for a penalty of$500 per day until the notices required by this section are posted as
required by that statue.
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27. Notices.
All notices required to be in writing may be given by first class mail addressed to City of Jefferson,.Department of
Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at Lehman Construction, LLC,
900 Russellville Road, California, Missouri 65018. The date of delivery of any notice shall be the second full day
after the day of its mailing.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals this 6 day ofMI-7 2014.
CITY OF JEFFERSON CONTRAC R: LEHMAN CONSTRUCTION,LLC
Mayor 'tle: � M&,,/IE /Ytl;7Yt N
ATTEST: ATTEST:
City Clerk Title: en%cE /YI1M AE�y
APPROVED AS TO FORM:
City Counselor
I
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