HomeMy Public PortalAboutORD12889 Z
BILL NO. 98-165 F .
r SPONSORED BY COUNCILMAN Rick Nilae
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ORDINANCE NO.
;F AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND
VAUGHAN CONSTRUCTION COMPANY FOR FIRE STATION 1 RENOVATION. j
WHEREAS, Wisch and Vaughan Construction Company has become the apparent lowest E
and best bidder on the Fire Station 1 Renovation project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Wisch and Vaughan Construction Construction Company 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 Wisch and Vaughan Construction Company Construction Company for Fire Station
' ' r 1 Renovation.
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:— /S
°? Approved: Fe b .
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residing Officer
Mayor
A EST: APPROVED AS TO FORM:
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FINANCE DEPARTMENT
' PURCHASING DIVISION
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SUBJECT: Bid No. 1800 -Renovation of Assistant Chief s Area, Station One, Fire Dept. }
! Opened January 26, 1999
BIDS RECEIVED:
Base With Option
Wisch& Vaughan Construction, Jefferson City, MO $21,200.00 $21,547.50 is
GBH Builders, Inc., Jefferson City, MO $29,308.00 $291652.03
FISCAL NOTE:
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1000-3200-7000-0030
r Purchase/Improve Bldg&Land
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Tire Department
1998-1999 Budget $ 25,000.00
Expended 0
Encumbered -0-
Bid 1800 w/option $ 21,547.50
Balance $ 3,452.50
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PAST PERFORMANCE: The vendor has provided services to the City in the past satisfactorily. r
Staff feels this vendor will complete the project as specified and bid. r.
RECOMMENDATION: It is the recommendation of staff to award this bid to the lowest bid
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meeting specifications, Wisch and Vaughan Construction of Jefferson City, Missouri with the
ai l addition of the option for double back carpeting in the amount of$21,547.50.
ATTACHMENTS - SUPPORTING DOCUMENTATION
=4 Tabulation of Bids, Departmental Recommendation
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` Signature
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PulWasing Age nt Fire Chief
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- , �,_' ,_ .� M E M 0 R A N D U M � . r � � � . �
To: James Hartley, Purchasing AgenUFinance Department
From: Robert Rennick, Chief/Fire Departme
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Subject: Bid 1800 - Fire Station 1 Renovation
Date:, January 27, 1999 : .
have reviewed the bids for the renovation and recommend the low bid of WAVCO
including the floor covering option for a total bid of $21,547.50. The base bid was
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The project provides for demolition by department employees, installation of a shower
1 > facility, ADA lavatory and stool, additional counter tops along with new rr carpeting'and
`, :ceiling. This project bid way within budget. .11
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CITY OF JEFFERSON
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CONSTRUCTION CONTRACT {
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THIS CONTRACT, made and entered into this IT-day of�, 1999, by and between Wisch and
Vaughan Construction,hereinafter referred to as"Contractor",and the City of Jefferson,Missouri, a municipal
corporation of the state of Missouri, hereinafter referred to as"City." Any reference to City shall mean the City
of Jefferson, Missouri. +
WITNESSETH:
THAT WHEREAS,Contractor has become the lowest responsible bidder for furnishing the supervision, labor,
tools,equipment, materials and supplies and for constructing the following City improvements:Renovation of
Assistant Chiefs Area at Fire Station One,the parties to this contract agree to the following:
1. Scone of Services.
Contractor agrees to renovate the Assistant Chiefs area at Fire Station One located at 621 West High Street.
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision,labor,tools,equipment,materials and supplies necessary i
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 sixty(30) working days from the date Contractor
is ordered to proceed,which order shall be issued by the Fire Chief within ten(10)days after the date of this contract.
3. Prevailing Wanes.
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. 5 in which the rate of wages is 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 Fire Chief 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.
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B. Contractor's Public Liability Insurance in an amount not less than$1,000,000 for all claims arising
out of single occurrence and$100,000 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
n 287,RaSMo,and Contractor's Property Damage Insurance in an amount not less than$1,000,000
for all claims arising out of a single accident or occurrence and$100,000 for any one person in a
single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than$1,000,000 for all claims arising out of
a single accident or occurrence and$100,000 for any one person in a single accident or occurrence.
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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 $1,000,000 for all claims arising out of a single accident
or occurrence and$100,000 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,
1 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.
i' F. Scope of Insurance and Special Hazard The insurance required under Subparagraphs(b)and(c)
i 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.
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t 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.'
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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 the City or between any
subcontractors.
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6. Liquidated Dama¢es.
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The City may deduct Five Hundred Dollars($500.00)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 insure j
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 b `
y 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.
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8.. City's Rhcht to Proceed.
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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. S
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9. Indemnity. �
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Contractor agrees to defend,indemnify,and save the City and the City harmless from and against all claims,suits
and actions of every description,brought against the City and from all damage and costs by reason or on account of
any injuries or damages received or sustained by any person or persons,or their property,by Contractor,its servants,
agents or subcontractors in the construction of said work,or by any negligence or carelessness in the performance }
of the same,or on account of any act or omission of Contractor,its servants,agents,or subcontractors,or arising out !
of the award of this contract to Contractor.
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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 insure the payment
of all materials and labor used in the performance of this contract.
11. Sales Tax Exemption.
Section 144.062,RSMo allows Contractors and subcontractors to purchase materials for tax exempt projects with
project-specific exemption certificates approved by the Department of Revenue. The City will supply a certificate to
the Contractor for this project after approval is obtained from the Department of Revenue.
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 Fire Chief and in accordance with the rates
and/or amounts stated in the bid of Contractor dated March 24, 1997 which are by reference made a part hereof. No
partial payment to Contractor shall operate as approval or acceptance ofwork done or materials furnished hereunder.
The total amount of this contract shall not exceed Twenty One Thousand Five Hundred Forty-Seven and 50/100ths
($21,547.50).
13. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f. General Provisions s
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawings and/or sketches
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e. Signed Copy of Bid
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wr This contract and the other documents enumerated in this paragraph,form the Contract between the parties. These
r documents are as fully a part of the contract as if attached hereto or repeated herein.
14. 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.
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16. Notices. i
All notices required to be in writing may be given by first class mail addressed to the Fire Chief, City of Jefferson,
s ' � 320 East.McCarty,Jefferson City,Missouri,66101,and"Contractor"at Wisch and Vaughan Construction Co.,Inc., 3
P.O.Box 104388,Jefferson City, Missouri,66110. The date of delivery of any notice shall be the second full day after
the day of its mailing.
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16. Jurisdiction.
This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the
State of Missouri.
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals this_/Z Aday of r , 1999.
CITY OF JEFFERSON CONTRACTOR
WISCH AND VAUGHAN CONSTRUCTION
COMPANY,INC. 1
MAYOR T tle: �R r 5 d�xrT
ATTEST: ATTEST:
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CITY,C Title:
' APPROVED AS F
Oft C N ELOR
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