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HomeMy Public PortalAboutORD13665 BILL NO, 2003-149 qW SPONSORED BY COUNCILMAN Anale ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING AN AGREEMENT WITH WEATHERCRAFT ROOFING FOR THE ROOF REPLACEMEN"'17" AT 901 AND 911 EAST MILLER STREET FACILITIES, AND AUTHORIZING SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS. WHEREAS, Weathercraft Roofing has become the apparent lowest and best bidder on the 901 and 911 East Miller Street Roof Replacement Project: NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Weathercraft Roofing is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to enter an agreement with Weathercraft Roofing for 901 and 911 East Miller Street Roof Replacement Project. Segtion 3. There is hereby supplemental appropriated within the Building Improvements Fund Account the net arnount 1101,089 as outlined in Exhibit A attached hereto, lor the 901 and 911 East Miller Street Roof Replacement Project. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:, jk "i Approved:_ C. 6 Prosiding Officer Mayor ATTEST AP OVE 0 FORM: City Clerk 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 ordinance are available in the various funds to meet the requirornents of this bill. Mayor Bill 2003-149 Exhibit R Supplemental Appropriations Fiscal Year 2004 Budget GENERAL FUND: Revenue 1000-0000-0996-9999 (Transfer from Surplus) $101,089 Expenditure: 1000-1800-7000-0030 (Bldg. Improvements) $101,089 TOTALS: $101,089 $101,089 FINANCE DEPA.It'I'M.NT PURCHASING' DIVISION Sl.1I JF'CT: Ilid 2104 - Rooi`Relilacenient, ()O1 and ()I I Fost Miller• Strect ('cltllluurlity I)CVelol)lrlcnt / f'rrblie Buildings Opened November' 17. 2003 BIDS R1:(11-A D: Wcathercrall Roofing, ,leflcrson City, MO $ 72,I99MO Watkins Rooling, Columbia. MO `l; 8.5,370.00 (i c`'. R C'orlstructiott, '1'ihtott, MO `!; 95.0,13.00 Missouri Builders. ,lel'Oerson City, MO `i,1 14,0({O.(I0 In addition, two other vendors were scat the request lilr hick but did not respond. FISCA1, MIT': 1 OOO-1 900-7OOO-0030 Purchase/1 Inprovenlerlt hililding/!.,Intl FUIRls in the amount 01'$101,089,00 will he requested as a sul►hICnlcntal ullhrul►ria1ioIto the ahove account. The ainotttlt It1C111tICS III b;ISC bid 01 $72.199.00 iInd the rehlaccrllcnt of ® wood clock and insulation as needed. PAST PFRFORMANCL: Wcathcrcral't Rooling of,lclTerson City. Missouri has perli►rmed work lm- th►; ('it\ satisfactorily in the past. Stall'belie-ves the colllhialy will complete dic 1vork os shecilicd and hid. RL'C'OMM1'.NI)ATR)N: Stall,l'CC011ltlicllds the m and to the low, responsible bidder, Weathercr;lft Rool"111 Inc. of Jefferson ('itv, Missouri for the base hid anlounl of .$72,1 89.00. In addition, stall•c6shcs to accept the hid ol'$2,2,5 IN-T square foot li►r wood desk replacenlcill t1s needed, The loud cost of the hase hid and the wood deck replacement ilc nnl to cNceed $101.080,00, :1'I°1 ACI INIFN I S - S( II'l'(W FIN(i I)O(.'( 1N11•A] A PION 'I'ahulation of Bills, I)cllarUncnlill Recommendation Signature r - .r._f•;:.. r._'%�r..f:. ='� I'urchasi g i����tit Director. ('ommu-kv Development linellio To: Terry Stephenson From: Patrick E, Sullivan, Date: November 24, 2003 Subject: Roof replacement at 901/911 East Miller Street I have reviewed the bids received for replacement of the roofs at the City's 901 and 911 East Miller Street facilities and recommend award of the contract to Weathercraft Roofing. These roofs are in very bad condition and should be replaced as soon as possible, Weathercraft has indicated that they could start work on December 15, 2003. Accordingly I recommend that the Council be asked to suspend the rules and approve the contract at their December 1, 2003 meeting. i understand that this is a non-departmental expense and that a supplemental appropriation will be necessary. C) 0: 0: ;01 ;c); C)O a i L6 f ci m ' W, 00; ice: c; i a C)') j ;(D ` iM1 co, (� O fV. i pI f]I N' N ti' .V >. I m+ m, U) vu: C1 ! cam) lw� i Z ex (7 H C); O; 0, 0; 0 O+ Ol O' O. 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Im'Kt m �I(A ' m' ;I�. y O:W M,CJ (r,M c a i e i 1 AGREEMENT Adlill 11h, The City of Jefferson, hereinafter calted "City", and the Weather craft Inc., hereinafter called "Contractor", are entering into this Contract for roof replacement at 901 and 911 E. Miller Street, and for tale consideration stated herein, the City and Contractor agree as follows: 1. Scope of Work. The contractor shall perform everything required to be performed and shall provide and furnish all the labor, materials, services, equipment, appliances, necessary tools, expendable equiprent, and all utility and transportation services to perform and complete in a workmanlike manner all the work required in conjunction with or property incidental to the work, as shown and described in specifications entitled Rottf Replacement, 901 and 911 Fast Mille' Street, all in strict accordance and conformity with the drawings, plans, and specifications, including any and all addenda in the form of bulletins, and any change orders that may be issued which drawings and specifications are made a part of this Contract, and in strict compliance with the Contractor's proposal and the other Contract documents herein mentioned which are a part of this Contract; and the Contractor shall do everything required by this Contract and the other documents constituting a part hereof. 2. Price. The City shalt pay to the Contactor for the performance of this Contract, subject to any additions or deductions provided therein, in current funds, not to exceed the sum of One Hundred One Thousand and Eight-Nine Dollars, ($101,089.00), to be paid when the work has been substantially completed and accepted by the City. 3. Time of Com Letjon. The work to be performed under this Contractor shall be commenced on December 15, 2003, weather permitting, and shalt be diligently prosecuted and substantially completed as soon as possible, but not later than April 15, 2004. 4. Dama es for_Faiiure_to_Cc�.n.plet�,.._un..'1_�in�. If Lhi C ontra"t shall fail to complete the work by the date agreed on, or within any extended time allowed by the City under this Contract, and the work could reasoMAbty have been con-►pleted by the said date, or within the extended time, the Contractor shall pay or allow to the City the sum of Two Hundred Fifty Dollars (5250.00)per day as liquidated and ascertained damages for every day beyond the said drate or extended time, as the case may be, during which the work shall remain unfinished, and such damages may be deducted by the City from any moneys due the Contractor. 5. Payments. The City shalt make a lump sum payment due within thirty (30) days after substantial completion of the work provided the work be then fully completed and the Contract fully performed. The Contractor agrees to furnish with the request for payment such supporting evidence indicating amounts paid and owed II:\Contract IIIeslcunslrucUun\WeathercrafNumfinv(rmtraa• last Millet.wild by the Contractor for labor and material on the work, including Waivers of Lien and Sworn Statement indicating that he has complied with requirements of the Mechanic's Lien Law of the State of Missouri. 6. Contractor Use of Premises. Contractor will note that buildings will be occupied and in use during construction operations. 7. Knowledcze 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. 8. 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 Contrcac or'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 companies as may be acceptable to the City in its sole and absolute discretion. The amount of the band shall be equal to the Contractor's bid. 9. Component Parts_of_this Contract, The Contract consists of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim or, if not attached, as if hereto attached. (a) Invitation to aid (b) Bidding B. Contract: Requirements CO ) Instructions to Bidders (d) Drawings and Roof Systems as listed in Instructions to Bidders (e) Supplemental General Conditions (f) Existing Conditions (g) Addenda It Modifications (h) The Contractor's Proposal (1) Signed Copy of Bid (j) This Contract This Contract and the other documents enunaeral.ed in this paragraph form the Contract between the parties. In the event that any provision in any of the above HACartrut fltesicc utstnxtlonlWcatltcuraltiRoollny Contract• Last Mdirr.wpd component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise stated. 10. Prevailing Wage Law. All labor utilized in the completion of this project shall be paid a wage of no less than the prevailing hourly rate of wage for work of a similar character in this locality as established by the Department of Labor and Industrial Relations of the State of Missouri, as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages as referenced hereto and incorporated in from the contents of Annual Wage Order No.10, Section 026, Cole County in which the rate of wages is set forth Contractor further agrees that he will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terrrrs of this Contract. A copy of the record shall be delivered to the City 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 Contractor or any subcontractor under Contractor. 11. Assignment of Contract. The Contractor shall not assign this Contract or part hereof without the written consent of the City. No assignment of this Contract shall be valid unless it shall contain a provision that the funds to be paid to the Assignee under the assignment are subject to the prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of ail persons, firms, or corporations rendering such services or supplying such materials. 12. Risk of Loss. The Contractor shall assume all risks for- loss of or damages to materials whether stored on the site or elsewhere, or to tools or, equipment owned or rented by the Contractor, and lie shall maintain such insurance as he may deem necessary to protect himself against such toss or cianiage. 13. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Com.oensation._ Insurance for- all of its employees to be engaged in work under this contract. B. Contractor's Public _Liah_ility.._.Insur1n,ce 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 2 87, RSMo, and Contractor's Property Damage Insurance in an amount riot less than $7,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. WkConttact I cootrart •Cast Millet wild C. Automobile Liabitity Insurance in an amount. not less than $2,000,000 for at[ 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 shalt 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.), (5.), and co.) hereof and in like amounts. F. Scope, of_ Insurance.�jnd_Speciai Flazard. The insurance required under Sub-paragraphs (B.) and (0.) hereof shalt 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 acid contingent property darnage 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. The Contractor shall furnish the City with certificates of insurance covering each of the several items of insurance heretofore mentioned. The Contract shall also check with the City as to the issuance of City's Protective Liabitity Insurance. 14. Camf�lete.,Und,ers tan d'ing,__MeEger. The parties agree that. this document, including those documents described in the section entitled "Component Parts of this Contract." represent the full and complete undersLanding of the parties. This Contract includes only those goods and services specifically set out.. This Contract supersedes all prior contracts and understandings between the Contractor and the City. 15. Authorship. and--Enforcement. The parties agree that the production of this document was the joint effort of both parties and that. the Contract should not be HILOntract I fivs\consh tic tlontWuat lie,ict alt\Radtng conUuct •Last MII6^I Wpd 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. 16. Amendments. This Contract may riot. be modified, changed, or altered by any oral promise or statement by whosoever 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. 17. Waiver of Breach. f=ailure to insist upon strict comptiance with any of the terms, covenants, or conditions heroin shall riot be deemed it waiver of any such terms, covenants, or conditions, nor shall any such failure at one or more times be deemed a waiver or relinquishment at any other tirric, or times by any right under the terms, covenants, or conditions herein. 18. Assi nment. Neither party may see or assiran its rights or responsibilities under the terms of this agreement without the express consent. of the remaining party. 19. Nondiscrimination. Contractor agrees in the performance of this Contract not to discriminate on the grounds of 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, land shall include a similar provision in all subcontracts let or awarded hereunder. 20. Severability.. If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, Such illegality, invalidity, or unenforceabitity shall not affect the tegality, validity, or enforceability of the Contract as a whole, or of any section, suhsect.ion, Sentence, clause, or attachment not so adjudged. 21. Governing Law. The Contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have Jurisdic:t.ion over any dispute which arises under this Contract, and each of the parties shall submit and hereby consent to such court's 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. 22. Notice. Where in any of the Contract documents there is any provision with respect to the giving of any notice, such notice shalt be deemed to have bF�en given: as to the City, when written notice shall be delivered to the City, or shall have been placed in the United States mail addressed to the City at the place where the bids or proposals for the Contract were opened; as to Lhe Contractor, when a written notice shall be delivered to the chief representative of the Contractor at the site of the Project, or by mailing such written notice in the United States mail addressed to the HAC unIraclflles\tonsuuclltat\Wcathotcraftl Root iny(Nit Iart ..[At hill It-(.Wpd Contractor at the place stated in the papers prepared by him to accompany his proposal as the address of his permanent place of business; as to the Surety on the performance bond, when a written notice is placed in the United States mail addressed to the Surety at the home office of such Surety or to its agent or agents who executed such performance band on behalf of such Surety. IN _WITNESS WHEREOF, the parties hereto have set their hands and seats this " day of December, 2003. CITY OF JEFFERSON WEATHER CRAFT, INC. Mayor 'Title: r � ATTEST: ATTEST: City Clerk Title: APPROVED AS TO FORM: City Counselor 111%Contlact Fll nt ronttructlon MeathercralttRooling Contract••Gast Mlller,wprl