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HomeMy Public PortalAboutORD13608 BILL NO, 2003"12 SPONSORED BY COUNCILMAN Vogel, Gordon, and Groner ORDINANCE NO. } � f AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AN AGREEMENT WITH CUNNINGHAM SANDBLASTING & PAINTING CO., INC. FOR REHABILITATION OF THE WATER TOWER LOCATED IN NORTH JEFFERSON CITY AND AUTHORIZING SUPPLEMENTAL_ APPROPRIATION OF SURPLUS FUNDS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor, City Clerk, City Administrator and Police Chief are hereby authorized to enter an agreement with Cunningham Sandblasting & Painting Co., Inc. for the water tower rehabilitation. Section 2. There is hereby supplementally appropriated within the Water Fund to the Wastewater Treatment Plant Budget Account the net amount $12,443 as outlined in Exhibit A attached hereto, for the water tower rehabilitation. ection 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: , Approved:_ 4f,��.`, -� ,Presloing Officer Mayor ATT T: APP-OV AS TO FORM: Z City Clerks City Counselor CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7,1(5.) of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the�C rdir)ance are available in the various funds to meet the requirements of this bill. Mayor SERVICE, MAIN'T'ENANCE AND INSPECTION CONTRACT THIS M "Agreement") is nadc and cntcer into this r. ", day of 204 C;1 , by and between the City of'.Icl'I'erson, Missouri, it nlurli011,rl corporation (herein "City") and C'urtningham Sandblasting & Painting Co., Inc;. (herein "Contractor"). NOW, THERF"F0RF", the parties hereto agree as inflows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Service~. 'rile City agrees to employ the Contractor tee make reguliu- biennial inspections kill it.. 50,000 pillon golf ball •••Valor tower located in North Jefferson City, within the City of .101erson (hercinatter referred to ns the "Tower"), The first inspection to be made ill 2005. Contractor warrants that all work and services set forth will be pertlomicd in a competent, professional and satisfactory manner. 1.2 'rile Contractor is authorized by the Slate of N4issouri Department of Natural Resources to palornt the ruluired five year inspection of the C'ily's water tank and this biennial service will satisfy that requirement. ® 1.3 C..'om lliance With Law. All work and services ru„ndered hereunder shall be provided in accordance with all orclinanccs, resolutiuns, statutes, talcs, and regulations of the City and any Federal, State or local governmental agency o1'compctent jurisdiction. 1.4 Licenses, Permits, Ekes and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as inlay be reduired by law 161.the performance of the services required by this Agreement. 1.5 'rile Contractor did coat the (wct) interior ol'this hulk. Because the Contractor did paint the interior of this tank, then the warranty is extended from live (5) years to tell (10) years Via the original contract. 1 .6 The Contractor agrees to power-Nash the interior ol' the tank using 3,000 PSI pressure and waiter, removing all stud,silt and other ioruign debris that might be detrimental to the lank or sale drinking wntcr. 1.7 The Contractor agree~ to Mechanically abrade and repair any fault in the lilting such as blistering, ice damage, loosened or missing (alerting, etc. ()it the interior ol'the tank by applying a 100°,% solids epoxy patching compound rivet and seam sealer, maintaining a complete protective liner oil the interior elf' this tank. Average thickness of the scaler is sixteen to twenty-f6ur (16-24) mils. The Contractor will replace any screens oil vents or overflows to prevent any birds or bugs entering the tank. 'rite Contractor will perform a thorough inspection of all aspects of the tank and supports. 1'11e CllnlraCIOI- will spray disinfect with an AW WA approved method usin}; I U"�t sodiuiil hypcichloritc solution. The Ir:Contract rilcshaisc k's.Cunningham Sandhlastuipyt d 1 Contractor will bolt manways, replace tiny gaskets needed and close all hatches. Upon completion of each service, maintenance and inspection, a condition report will be prepared by the Contractor and provided for the City's maintenance tile. 1 .8 '['lie City agrees that the tank interior should be cleaned of rust, scale a►ld re-coated whenevei'the coating has detcrlorated from natural Causes. The Contractor agrccs to (IllotC prices for such work, at such til)IC, and the City mayor may, at his option, enter into a contract with the Contractor to perlorill this work. In this event, if Cunningham Sandblasting & fainting is selected to do the work, fifty percent (50%0) ofthe service call would be deducted from the cost of the coating contract. 2. INSPECTION ARRANGEMENTS 2. 1 inspections will be scheduled by the Contractor, in advance. and Contractor will make a relief valve available if necessary. 12 The City agrees that upon arrival, the Contractor's inspector is to niake the tank immediately available by draining for service without delay. 13 The Contractor agrees to loan the City a relief valve, if one is needed, so that the City can pump direct while the tank is out of service. 'This valve shall be returned to the Contractor, transportation collect (UPS) within thirty days after completion ol'the work. It' the valve is not returned within this 30 day period, the Contractor will submit an invoice to City tin• replacement cost of the valve, currently .$750.00. It is agreed that the Contractor accepts no responsibility for any damage of any kind resulting from having the tank out of service or pumping direct. 3. COMPENSATION 3.1 The cost of the inspections shall be One 'Thousand One Hundred Thhly-five and no/100 Dollars($1,135.00) per clay, not to exceed one day. Said cost shall remain in effect unless otheiivise agreed by the parties as set forth herein. 4. PROHIBITION ACAiNS'I' StJBCON'i'RAC:'I'INC OR A,SSiGNMENT. Contractor shall not contract with any entity to perforn-i in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by Operation of, law, Without the prior written approval of City. Any such prohibiter( assignment or transfer shall be void. 5. INDEPENDENT CONTRACTOR. • Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perfornn all services required herein as an I I Contract riles\misc k's,c'mminpbam Sandblasting H pd 2 independent contractor of City and shall remain under only such obligations as are Consistent with that role. Contractor snail not at any time or in ;lily manner represent that it or ally of its agents or employee~ are agents of ell 1plovccs ul'City. G, INSURANCE AND INDEMNIFICATION 6. 1 insurance. The Contractor shall procul'c and maintain, (It its sole cost and expense, ill a firm and content salislhctory to City,during the entire tern) ol'this Agreement includinL, any Cxtcnsioll therCOf, file 101Io\V1llg poIICICS (►f illSUI';IneC; 6,1.1 ( U111 )I.g[iq 1slvC_ C;cllet;ll l.iabilittV lilsurancc_ill ;Ill ann►unt not less than $500,000 for all Claims arising out of i single occurr'cncC and `i; 100,000 flor any one Person in a single accident or oCCUrrence, except li►r thosC Claims go\Ct'nc(1 by the provisions of'thC Nfissout'i Workillen's Compensation Law, Chapter 257, RSMo,alit( Contractor's Property Damage Insurance in an amount not lens than .$500,000 for all claims ariSillg out oi' a single 'ICCident or oCCUrrcncC ant! `>;100.1000 for any one person in a single accident or occurrence. 6.1.2 Worker's C'( mpcnsation IUsuNa1ICC. A poliCy of worker's compensation insurunCC in such ;ullotlllt aS Will fully Conl111y with the la\vS ol'lhC State ol'MiSSOUri and which shall indelllnify, insure and provide legal delcnsc li)r both the Contractor and the City against any loss, Clain) or danlagC arising; from any injuries or ® uCCUlXItional diSCaSCS occurr1119 to any worker enlployCd by or any persons retained by the Contractor in the course of'carrving out the work or services contcinplated in this Agreement. 6.1.3 nutonlobilc_hiabilit 111SUNI-QCC Ill an 1111(1(lllt tlllt less diall 5500,000 till. all claims arising our of a single accident or occurrence and x;100,000 for ;Illy one person ill a Single accident of occurrCI1cc. 6.1.4 All of t,c above policies of insurancC shall be P6111,Il•y insurallCC and shall name the City, its of icers, employees and agents as additional insurc(is. The insurer Sh;lll W;IIVC 111 fights (►1'S(Ibl'0gation and contriblltloll It may have against the City, its r►I,liccl's, employees and agents and their respective insurers. All of'said policies of insurance shall provide that said insurance may not be amended or Ca11Celed without providing thirty(30) clays prior written notice by registered mail to the City. In the event any of'said policies ot'insuraneC arc CunCCIC(1, the Contractor shall, prior to t1C Cancellation date, Submit Ilew evidence of insuralicc Ill Collll►1'I11a11cC with this Section 4.1 to the Contract Officct'. No work or SCrviCCS uncici this Agreement shall corll111elACC u1161 the C'olllraClol' has provided the Cily with Certificates oC lnsurarlce 0l';ll)pl'01)1'I;ItC 1nS(1I';111CC bltldCl'S Cvldel1Cl11j,the above Illslll-MICe Cl1\'CI'agC!i 11114 Silld C'CI'tlllC,itCS of II1SUN;IlICe of binders arc approved by the City. 6.1.5 "file Contractor agrees that the provisions of this Section shall trot be construed as limiting ill any way the extent to which the Contractor may be held responsible tur the payment of damages to any persons or property resulting from IIP('uutrucl rdcs'ntisc k'sC'unningluuu tiandhla,Un�w p,l the Contractor's activities of file uctivitieS 01',111y person or pCl'S011S 1i►1' Which the Contractor is otherwise responsible. 6.l.6 The insurance required by this ngr'ecntcnl shell I I)c satistilctory only iCissue(1 by companies qualified to (to bllSinCSS ill MISS(tlll'I, rata) "A" or" better in the most recent edition of Best Rating Guile, The Key Rating Guide or in the Federal Register, and only ifthcy arc of"I financial category Class Vll or better, unless such requirc talents arc waived by the City (life to unique circumstances. 6.2 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City, its elected and appointed officials, employees, and agents, fr'olll and against 1111 Clain1S, (1,1111,IgCS, i111d CXI)CIISCS, InClUding bill not lir11ited to attorneys, Iccs ar'iSing (lilt 01' t'etiultIng fl'oill the 1iCIT01-111a1Ice of the Work, provided that July Such claim, loss or CXpensc attributable to bodily injury, Sickness, diseasc or death or to injury to or destruction ol'tangible property (other than the Work itSClf) inducing the loss ofusc resulting ther•errolll anti is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly of- indirectly employed by any of them or anyone I'or those acts any of them may be liable, regardless of whether or not it IS C lLlSC 1 in part by a party indemnified hereunder. SAue11 obligation S11a11 nut be ConStrucd to negate, thl-i(IgC, (It- otllrrwise !•c(1(ICC any other fight or obligation of indemnity which would otherwise exist as to any party or person (ICSGI'ibcd in this paragraph. 7. TERM 7.1 Term. Unless earlier terminated in accordance with Section 7.2 helow, this Agreement shall continue in full Force and chest until two year~ 6.0111 the date ufexecution. The parties, by written agreement may extend the period for and additional liner periods of two years each. 7.2 fernunutlun I►rl(ll'lU 1?XplCatlon of"term, I;ithcr party play terminate this Agreement at any tills, with or without Cause, upon thirty (30) days' written notice to the other party. Upon receipt ol'the notice of termination, the Contractor shall inlnlc(li;atcly cease all work or services Ilel•ClllldC1'cxccl)t as may be specifically approved by file Contract 01'1 leer. In the event of termination by the City, Contractor Shall be entitled to compensation for all services rendered prior to the cCtcctivelless of the notice or termination and fair such additional services specifically authorized by the Contract 01'icer and City shall be entitled to i'er fill)ltI-SCi11 ell t for any compensation paid in excess of'the services rendered. K. NllS('ELLANEOUS 8.1 Covenant Against Discrimination. Contractor covenants that, by and 161. itself*, its 1161'S, executors, assigns 11114 111 persons elainling under or through them, that there Shall be no discrimination against or Segregation of', any person or group of'persons on account of le race, color, creed, religion, Sex, nlar'rtal status, national origin, or ancestry Iii file performance of this Agreement. Contracto►' shall take affu'n ative action to ensure that MA'01111Y1c1 Fdes'mise k's`Ciamingham 4 applicants are employed and that employees are treated dtli'illg cI11ployment without regard to their face, color, creed, rellglotl, SCX, Marital Status, national origin of ancestry. 8.2 Non-liability yof'City Officers and ism llo ecs. No officer or employee of'the City shrill he personally liable to the Contractor, or any suceessor in interest, in the event of any default or breach by the City or fill'any arlwunt which play I)CCOnle due to file C 011traCtOr or to its successor, or tier breach ofany obligation of the terms of*this Agreement. 8.3 Conflict of Interest. No ot'licer or employee of*the City shrill have ,illy financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate ill any decision relating to the Agreement which effects his financial interest or the Financial interest of any corporation, partnership or association ill Which lie is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party ally money or other consideration Ibr obtaining this Agreement. 8.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall he in writing and either served personally or scat by prepaid, first-class mail, in the case of the City, to City of Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, marked to the attention of the Contract Officer, and in the case of the Contractor, to Cunningham Sandblasting & Painting Co., Inc., 4300 West 32" Street, Joplin, Missouri 64$04. 8.5 Interpretation. The terms of'this Agreement shall be construed in accordance with the meaning of the language used and shall not he construed Iii► or against either party by reason of�the authorship o1 this Agrecrnent of ally Other I`(IIC (1I'CO1lStruetiOrl Which Might otherwise apply. 8.6 Into ration. it is understood than there arc no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, ii idly, betweell the parties, and none shall he used to interpret this Agreement. 8.7 Amendment This Agreement may he amended at any lime by the mutual consent of the parties by an instrument in writing. 8.8 Sevcrahil . In the event that part ()I'this Agreement shall be declared invalid or unentbrecable by a valid judgment or (ICCI'Ce of a court (►I e01111)CICIlt jllrisdictioll, such invalidity or unent recability shall not af'iect any of the remaining; portions of this Agreement which are hereby declared as severable and shall he interpreted to carry out the intent of the parties IICrCIIndCI' unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. lFContnict riles\nisc Ws'-Cmminghmn Snndbinsting.µpd 5 8.9 Waiver, No delay or onnission in the CxcrCiSC of ally right or remedy by ,1 nondetaulting pa►•ty on any default shall impair such right Or remedy Or be Construed as a waiver. A pa►ly's consent to or approval of any act by the other flatly re(f(tiring the party's consent or approval shall not he deemed to waive or rcndcr unnecessary the other party's consent to or approval of ally SubSC(fucnt net, Any walivcr by either party of any default must be in writing and shall not be a waiver ot'imy other default concerning;the same or any other provision of this Agreenicnt. 8.10 Attorneyti' Dees, II'eithcr party to tilt.; Agreement is rc(luired to initiate or detelld or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in Such action or proccc(ling, in addition to any other rclicfwhich may be granted, whether legal or equitable, shall he entitled to reasonable attorney's 1ecs, whether or not the matter proceeds to ju(Igmcnt. 8.11 Corporate Authority. 'I'lle pea:~oils excc�itulg this Ag►'ee►11CIlt Oil l)ellall l'ol'thc parties hereto warrant that (i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement oil behalf of said party, (iii) by so executing this Agreement, SuCh party is formally bound to the provisions ol'this Agrecinent, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is hound. 8.12 Law of'Missouri to Govern: This agrMI)Cnt shall be construC(I according to laws of the State ofMissouri.The C'ontractorshall comply with all local, state, and lederal laws and regulations relating to the performance of the agreement. IN WITNESS WI IERI;OF, the partiCS haVC CKCCUted alld cnlercd into this Agreement as of the date.. first written above, CITY OIL J FFER S0N CUNNINGHAM SAN I)BLAS'1'ING & ( P'AINTING CO., INC. r' City Administrator fillu: , ATTEST: City Cl�r Title: AI ? OV 3D AS TO FORM: City Counsclot• I U Conttncl Files'wise Ww('mminglutt It San&IIasung.wIld 6 Exhibit A Bill 2003-82 Q fferson.issaud - ,2002-2003 Budget Amendmeat Wo k�. LQ@j Purpose/Description Account Number Revenue Appropriation Carry Over Surplus 6000-0000-0995.9999 $12,443.00 Water System Capital Purch 6000-6000-7600-0001 $9,943.00 Cunningham Sandblasting & Painting Co. Inc. Water System Capital Purch 6000-6000.7600-0001 $2,500.00 Tomcat Consultants (Quality Control & Inspection) $ 12,443.00 $ 12,443.00 r FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2088 - Rehabilitation of Water Tower, N. Jefferson City, MO Community Development, Water Division Opened August 21, 2003 BIDS RECEIVED: Cunninghanl Sandblasting, ,loplin, MO S 49,943.00 Ozark Applicators, Inc., Van Buren, MO $ 53.800.00 Pittsburg 'Tank & 'Power, I lenderson, KY $ 62.510.00 TMI Coatings, St. Paul MN $ 72,800.00 Thomas Industrial Coating, Pevely, MO $ 77,522.00 The request for bids was sent to four additional bidders who did not respond. FISCAL NO'1'I : 6000-6000-7600-0001 Water System Capital Improvements 2002-03 Budget $ 40,000.00 ® Expended -0- Encumbered -0- Bid No. 2088 49.943.00 Balance (-$ 9,943.00) *!'additional funding is being requested through a supplemental appropriation within this packet. PAST PERF'ORMANCf�: The City has no record of past water lower rehabilitation projects. Staff has reviewed the bids submitted and believes that Cunninghanl Sandblasting, lophil, Missouri will complete the project as specified and hid. RECOMMENDATION: Staff recommends the award of the hid to the Iowest and responsible bidder meeting the specifications, Cunningha,ll Sauldblasting of.loplin, Missouri in the amount of$49,943.00. ATTACI-IMI;NTS - SUPPORTING I)OCUM1-:NTATION Tabulation of Bids, Departmental Recommendation Signutur Pu�l b ;e,l—t Dire tor, Development lment Dc t. MEMO To: Terry Stephenson, Purchasing Agent From: Patrick E. Sullivan, Director of Community Development Subject: Bid No. 2083 Water Tower Rehabilitation Date: August 25, 2003 The Wastewater Division has reviewed the bids received for the rehabilitation of the water tower located in North Jefferson City and recommend the bid be awarded to Cunningham Sandblasting & Painting Co., Inc. as they are the lowest and best bid. Since the lowest bid Is more than the funds available for this project, a supplemental appropriation is also being requested. E3 En U) I Lo ;I° c) o, n! (0 C; > I � I I I I l i � j ! j I, { I i j � I � i l a) CL 19 U) U) to a' U) (0 cl >1 U) i cn z p 0 -1 N CL LO tp i 0) j m CY)I cy) 0 U) C: Ln I-0! 1-0: Ln In 0 1 i a) i i LO 0 m 0 (01 c P) cf) cr) .0 ail >, M M I C, m (n! C) 0 0 0 6• 0 C, cnl 421 J010, cu U) 10: cu cn!.G! M -T, r m E CLi CU CL 10 .2 o > CLI 1 Zo (j, co of E, i m m .Ln i LWL U-) C).! -!,a! (5, chi m 0; MI Mi 0, 0 B a), C: C 1; u r '0 fn M . w E) O,Z, NI I Zo t5 E C:; 0 Ci 01 cc 0 c L) 0) z m cl a co W CL; j� cc) w 0 CITY OF JEFFERSON Y CONSTRUCTION CONTRACT j THIS CONTRACT, made and entered into this /1 day of September,2003, by and between Cunningham Sandblasting &Painting Co., Inc., hereinafter referred to as"Contractor,"and the City of efferson, 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: Rehabilitation of the Water Tower located in North Jefferson City,Missouri. I 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 rehabilitate the Water Tower located in North Jefferson City, Missouri, as outlined in Exhibit A. 2. Manner and Time for Completion. 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 thirty(30)calendar days from the date Contractor is`.ordered to-proceed,-which-order shall be issued'by'tKb Director of the Jefferson City Community Development Department 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 Annual Wage Order No.9, 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 Fiscal Affairs Supervisor 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 1aW-Cha0ter287, 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. H:\Contract Fles\construction\Cunningham Sandblasting&Painting\Water Tower RehobTtatlon.wpd t 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 and the City as the insured, 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, 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 ©.) hereof and in like amounts. F. Scope of Insurance and Special Hazard.The insurance required underSub-paragraphs(B.)and ©.) 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 Two Hundred Fifty Dollars($250.00)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. 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. HAContract Files\construction\Cunningham Sandblasting&Painting\Water Tower RehobBitation.wpd 2- 8. City's Right to Proceed. t 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 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 the Jefferson City Community Development Department,and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 8, 2003, 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 Forty-Nine Thousand Nine Hundred Forty-Three Dollars ($49,943.00). 13. 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 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. • H.Wontract Res construction\Cunningham Sandblasting&Painting\Water Tower Rehabilitation wi d 3- 1M. 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. 15. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Community Development Department, 320 East McCarty,Jefferson City,Missouri, 65101,and Contractor at Cunningham Sandblasting&Painting Co.,Inc.4300 West 32"d Street,Joplin,MO 64804. The date of delivery of any notice shall be the second full day after the day of its mailing. 16. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN WITNESS WHEREOF,the parties hereto have set their hands and seals this—L7—day of September,2003. CITY OF JEFFERSON CUNNING S NDBLAS ING& PAINTING CO., INC. May it e:T �-- • ATT ATTEST: v� City Cler Title: j APPR D AS FORM: City Counselor • H:\Contract Res\construcfion\Cunningham Sandblasting&Poinfing\Water Tower Rehablliitation.wpd 4 Exhibit A SCOPE OF SERVICES Interior: Sandblast the interior to a SSPC SP10 near white, spray apply two full coats of Tnemec series #20,Stripe the seams (apply a thin roller coat of #20 to all weld seams), for a total dry film thickness 7-11, caulk all lap joints above the water line with Seka-Flex 1 A and sanitize according to AWWA. Interior Dry Riser: Powerwash with a minimum of 3,000 psi powerwasher, hand tool clean _ - all-abraded areas,-spot-prime-with Tnemec series-N#27,and spray apply two fully coats of Tnemec series #30, for a dry film thickness of 3-6 per coat for a total of 6-12. Exterior: Power wash with a minimum of 3,000 psi power washer, hand tool clean all abraded areas,spot prime with Tnemec series N#27,and spray apply two full coats of Tnemec series #30, for a dry film thickness of 3-6 per coat for a total of 6-12. Owner to choose color. Logo: Jefferson City Repairs: Finish and install approximately thirty feet (30') of new OSHA approved ladder in the wet area. Replace fill pipe with C-600 plastic pipe. Braces shall be installed every ten feet (10'). All vent holes shall be wrapped with 18-24 mesh stainless steel screen wire held in place with stainless band clamps. The successful bidder must supply a minimum of a 2000 gallon supply pressure tank in order to keep the system fully pressurized. Tower should be painted Aqua with Black lettering. H:\Contract Files\construction\Cunningham Sandblasting&Painting\Water Tower Rehabilitation r d 5- Ad 1_3vb CITY OF JEFFERSON AMENDMENT TO SERVICE, MAINTENANCE AND INSPECTION CONTRACT WHEREAS,the City of Jefferson,Missouri,a municipal corporation,with offices at 320 East McCarty, Jefferson City, Missouri, 65101, hereinafter designated "City," entered into a Contract with Cunningham Sandblasting & Painting Co., with offices at 4300 West 32nd Street, Joplin, Missouri, 64804, hereinafter referred to as"Contractor," on March 29, 2004, and amended March 22, 2006; and WHEREAS,the Contract was for maintenance and inspections related to the water tower located in North Jefferson City, Missouri; and WHEREAS,both parties wish to extend the agreement for the first of four additional two-year renewal )- ----- periods as-stipulated-in Paragraph 7 of the-agreeinent datedMarch729, 2004, and amended March 22, 2006; NOW,THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the second of four additional two-year periods to end March 29, 2010. T-4. W9 ry IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this dayofianuai5,20110. 2-LI CITY OF JEFFERSON,MISSOURI CUNNINGHAM SANDBLASTING& P TING CO. C. i i City Administrator resident ATTEST: ATTEST: City Clerk - Title: APP D AS FORM: City Co selor U:\Contract Files\misc k's\Cunningham\amendment 2000-08.wpd Ir . CITY OF JEFFERSON AMENDMENT TO SERVICE, MAINTENANCE AND INSPECTION CONTRACT WHEREAS,the City of Jefferson,Missouri,a municipal corporation,with offices at 320 East McCarty, Jefferson City, Missouri, 65101, hereinafter designated "City," entered into a Contract with Cunningham Sandblasting & Painting Co., with offices at 4300 West 32nd Street, Joplin, Missouri, 64804, hereinafter referred to as "Contractor," on March 29, 2004; and WHEREAS, the Contract was for maintenance and inspections related to the water tower located in North Jefferson City, Missouri; and WHEREAS,both parties wish to extend the agreement for the first of four additional two-year renewal— periods as stipulated in Paragraph 7 of the agreement dated March 29, 2004; NOW, THEREFORE,be it agreed by the parties that the agreement is hereby renewed for the first of four additional two-year periods to end March 29, 2008. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this;�� day of March, 2006. CITY OF JEFFERSON, MISSOURI CUNNINGHAM SANDBLASTING & - 2PAIjNTaI .1C. City Administrator President ATTEST: ATTEST: City Clerk Title: APP DA ORM: City 6ounselor IlMonlrnct Files\mist k's\Cunninghnm\nmemlment 2006-08.wpd