HomeMy Public PortalAboutORD14689 BILL NO. 2010-29
SPONSORED BY COUNCILMAN t Penfold
ORDINANCE NO. 144- ,9 /
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON
ASPHALT COMPANY, INC. FOR THE 2010 MILL AND OVERLAY.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with Jefferson Asphalt for the 2010 Mill and Overlay.
Section 2. The agreement shall be substantially the same in form and content as
that agreement 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: !/ic4U , r , �J -2 Approv
�iding Officer Mayor
ATTEST: APPROV D AS TO FORM:
Ci y Clerk City do'Aelor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2499 —2010 Mill and Overlay Project No. 32107
Community Development, Street Division, Opened May 25, 2010
BIDS RECEIVED:
Jefferson Asphalt Company, Jefferson City, MO $ 605,271.59
Specifications were sent to nine additional vendors, published in News Tribune and
posted on the City web site.
FISCAL NOTE:
43-990-577031 43-990-577207
Street Resurfacing Major Road Improve/Ext
2009-10 Budget $600,000.00 2009-10 Budget $2,380,030.45
Expended 14,566.67 Expended -0-
Bid 2499 $585,433.37 Bid 2499 $ 19,938 22
Balance -0- Balance $2,360,19223
PAST PERFORMANCE:
This vendor has completed projects as specified and bid in the past.
RECOMMENDATION:
Staff recommends award of the bid to Jefferson Asphalt Company of Jefferson City,
Missouri in the amount of$605,271.59.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature ' 4 L&!'W-c4y
Purchas g ent Director, Community Development
City n(
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n CpMMrJNITY DEVELpPMENT Memorandum
Paia¢F E. Suury<rv, pE:OIRECTOP
320 East McCarty Street Jefferson City, Missouri 65101
Phone: (573) 634-6410 Fax (573) 634-6562 • www.jeffcitymo.org
Date: May 26, 2010
To: Terry Stephenson - Purchasing Agent, Finance
From: Britt Smith —Street & Parking Division Direct°
Re: 2010 Mill and Overlay
Project No. 32107
Public Works has completed a review of the bids opened at 1:30 PM on May 25, 2010 for the above
noted project. As part 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 one (1) bid
that was received for the project.
Based on our review, we recommend acceptance of the base bid from the low bidder Jefferson Asphalt
Company, P.O. Box 104868, Jefferson City MO 65110. The bid total is $605,271.59.
The project will be expensed as follows:
Jefferson Asphalt Company ($605,271.59):
Account Number: Amount Available: Required: Remaining:
43-990-577031 $585,433.37 $585,433.37 $0
43-990-577107 $2,380,030.45 $ 19,838.22 $2,360,192.23
Total $605,271.59
If you need any other information please feel free to contact me at extension 6450.
Attachments: Bid Tabulation Sheet
c: Pat Sullivan
Matt Morasch
Project File
F:\CITY-PROJECTS\32107-2010 Mill and Overlay\CoiTespondence\Memo to Purclmsing.doc
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this ! day of_ , 2010,
by and between Jefferson Asphalt Company hereinafter refe6d 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. 32107, 2010 Mill and Overlay.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all labor, equipment, hardware and supplies to perform
the work included in the project entitled "2010 Mill and Overlay" in accordance with
the plans and specifications on file with the Department of Community Development.
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 90 calendar days from the date Contractor is ordered to
proceed,which order shall be issued by the Director of Community Development 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 forthis project because Contractor
has obtained the prevailing hourly rate of wages from the contents of the current
Annual Wage Order No. 16, Section 026, Cole County 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 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.
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.
(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
forany one person in a single accident or occurrence, exceptforthose 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 forthe Contractor
and its subcontractors, respectively, against damage claims which may arise from
operations underthis contract,whethersuch operations be bythe insured orby 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 the 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 Five Hundred Dollars ($500.00)from any amount otherwise due
under this contract for every day the 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 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.
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 maytake
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 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(otherthan 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.
The Contractor agrees and binds itself to pay for all labordone, 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.
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 the Contractor for the work done pursuant to this
contract according to the payment schedule set forth in the Contract Documents upon
acceptance of said work bythe Directorof Community Development and in accordance
with the rates and/or amounts stated in the bid of Contractordated May 25, 2010 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. The
total amount of this contract shall not exceed Six Hundred Five Thousand Two
Hundred Seventy One Dollars and Fifty Nine Cents ($605,271.59).
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 underthis 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 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. Severabilitv.
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
This contract and the otherdocuments 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 priorcontracts 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 attorneys fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed oraltered 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.
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 to
issuance of the Notice to Proceed.
25. OSHA Training
Prior to commencement of the 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 afterwhich
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 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 underthe contract.The contractormay
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. Notices.
All notices required to be in writing may be given by first class mail addressed to City
of Jefferson, Department of Community Development, 320 East McCarty, Jefferson
City, Missouri, 65101, and Contractor at P.O. Box 104868,Jefferson City, MO 65110.
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
day of V/1t4IL"' , 2010.
CITY OF JEFFERSON CONTRACTOR
�2�-Tc2r-son AS�I^A.L4 COrn�4ny
Mar( �at(e: ��otke� f)�(,aAaYr
ATTEST: ATTEST:
Ci y Clerk Title: C4;u- Yha �
APPROVED AS TO FORM:
Cit Counselor