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Home My Public Portal AboutORD12325 7777 7:T-5,", RONEt i; AR, W,H •r7r-M t f7 49 ZVI A V T� Ze r1w. R C. -y-I vg- I 'OVA"'T MKV.WNI.!� -MAU"',t! 0: T,'6 W W5 �-,j j:�V,•WRI vI Q. I WRI&NOW,VIIM k An F." 1-W UA� ..77 C�i/ .r��u"rk:� .1;,;5yt d r. r .... •x . .. r .r-. k .:t�'aT�ia<'.d.�.�r i'`�" . ��\ ��t�t'�g.ti'}1S t(•1 ry.. �- t v .fi". t r}Y .. tr ..` }.. i r e 2.i A tt•,"'a.9'i r�.i+av t k " CITY OF JOE + ERSON ; C.421YS CT ON CONTEACT THIS CONTRACT, made and entered into this Q�/�"� day of , 1995, by i and between Missouri Vocational Enterprises, hereinafter called "Contractor.", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies t: :., 1t and for constructing the following City improvements:upgrading the work area located � 't at Fire Administration, 320 E. McCarty, Jefferson City, Missouri (hereinafter the AY {•,tS "City Improvements"). NOW THEREFORE, the parties to this contract agree to the following: z.` Manner and time for Completion, The Contractor agrees with the City to furnish all .supervision, labor, tools, equipment, materials and supplies necessary to perform said City Improvements at Contractor's own expense in accordance with thert, AV contract documents and any applicable City ordinances and state and federal laws, , within 60 calendar 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. All labor utilized in the construction of the aforementioned E 2. ��V6�ages. City Improvements shall be paid 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. 1 Section 026, Cole County, in which the rate of wages is set �R forth. The Contractor further agrees that Contractor will keep an accurate record :;+ 5.il showing the names and occupations of all workmen employed in connection with the t }' City Improvements to be performed under the terms of this contract. The record shall ;, show the actual wages paid to the workmen in connection with the City Improvements 4 ft� 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. 3. Insurance.Contractor shall procure and maintain at its own expense during , the life of this contract: i .� ' (a) Workmen's Compensation Insurance for all ofits employees to be engaged in work under this contract. " ((""4 Y'3 4 CACONTRAMSERV[CEWURNMUR.85 .: 4• .. `1„ ?',`Y'` *� + ,;;; k rt•1! 'fa+ J'S."tt�.'x?, tJ'rC L.v Fry,4 0}�. xt... ! � 4 hE '� y �•Y4 ! r k r 't x! l r�i y3 t � � t rt..,�' e I'�� v of�'s: t .L d ;} , l ' •..} .+ t'.,'fi ^e'nl• r'. 5 • 1 (b) actor's Public I.,iabv? ncQ in an amount not less than $1,000,000 for all claims arising out of a single occurrence and $100,000 for any one ; a. person in a single accident or occurrence, except for those claims governed by the } provisions of the Missouri Workmen's Compensation Law, Chapter 287, R.SMo., 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) tomobile Li bil,itv T_nsuran_ce in an amount not less than$1,000,000 for I..z all claims arising out of a single accident or occurrence and $100,000 for any one �j Pperson in a single accident or occurrence. ., g (d) Owner's , . T,ia itv ingt�rance - The Contractor shall also obtain fit. at its own expense and deliver to the City an Owners Protective Liability Insurance rw .:4. Policy naming the City of Jefferson 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 for9 ,•t ,. any one person in a single accident or occurrence, except for those claims governed by fi Jy ' Chapter 287 RSMo. No the provisions of the Missouri Workmen's Compensation Law, p ��. policy will be accepted which excludes liability for damage to underground structures ' or by reason of blasting, explosion or collapse. { r" (e) Subcontracts -In case any or all of the City Improvements to be performed under this contract is sublet,the Contractor shall require the Subcontractor to procure ;z , and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. ' (D Scope of Insurance and Special Hazard. The insurance required under , Sub-paragraphs (b)and(c)hereof shall provide adequate protection for the 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. This sub-paragraph (f) shall be construed to require a general contract to procure Contractor's protective insurance (or contingent public liability and contingent property damage policies) when a #` subcontractor of such general contractor 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. 4. Contractor's Rermon ib' ft for Subcontractors. It is further agreed that Contractor shall be as fiilly responsible to the City for the acts and omissions of its t, 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 the City ' Improvements to be performed under this contract, to bind all subcontractors to y�3 CACONTRAMSERVICEWURNMR.96 2 '•k 4i{1�r � r `1f ' i rr a+ s� "� S} � �"ti :32Y{`aYCfl,. � dE+ i+`.4. '•� � t�'r i�t; � L"+ )I r�r+`�ir tti t S Y �{t„L '{ ' fi J1r_t f " D . S+ T,"'•;t ff` i �'�d �*, 'r�. F,r�lj ` tw'Gx�.: Gt`'aSS�.`C'u ^ viS} d rvf Y*4 T t3 �x x- �,.�J�•�` +� r� '�s�.ct�i t 441 + x%+ w. ,� �3}��'• 3 t w r J T 5t 7 '�c i�r� t F + i ''., A� `+ ' ryy lU. ... ,t1'. 4. ,idt{ a(',T.'i+r', ..�.i�,r. , r,,E,f�_ [ ':zr4'IL"*�,'y`'kr41d�',.+i'=„�fi`:;1+,.r, .3,P.tt,..,s..�?i i:i'• ^'• `:f{^:V� x .< ip. Y;1.-{y.V.w ' i' �, k i �'$rIPec.a •P _..1.r..' bT�r . � ! . �, �p�. , . i � y ../n i,�pr,h fi'�jk� 4 .., ! 1 t A &ti� :.y'.:,.`� 1 tyA� "„ �.tir,,i�•r fs u.r t_, sYt., x,. ..�yi; (�r .t.., r r ' 'at t r,.{J�4r! .Y{ S .. k. ip� ,{t , yv'a!, .. . . .. ,. ' 7 �ru',,,.�:<.. 7A�a.''"r''...:i.r <. e. , ,'�:''r�:...r,*. •.t S str.�, ...;_ ,J°�.�' .... Am 2 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. "F't 5. ��, .aced Damaf`es. 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 City Improvements, or any separable part thereof, with such A. diligence as will insure the completion by the time above specified in paragraph 1, or an extension thereof, or fails or refuses to complete the City Improvements b such , Y � P Y P Y time, as long as the City does not terminate the right of Contractor to proceed. It is .19 " further provided that Contractor shall not be charged with liquidated damages because a of delays in the completion of the City Improvements due to unforeseeable causes rY ;; beyond Contractors control and without fault or negligence on Contractors part or the part of its agents. 6. Termination,The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to an other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment ;' 4 g for the benefit of its creditors or if a 4= : 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 ,s payment to any person supplying labor or materials for the City Improvements to be a j performed under the contract, or if Contractor should persistently disregard S` instructions of the City or fail to observe or perform any provisions of the contract. A. .�: , t 7. pity s Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work necessary to complete the City Improvements and may 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 r av? of this contract thereby occasioned by the City. In any such case the City may taken r possession of, and utilize in completing the City Improvements, such materials, appliances and structures as may be on the work site and are necessary for completion of the City Improvements. 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 N t.k ordinances, and state and federal laws. "y ' 8. indemnity, The Contractor agrees to defend, indemnify, and save 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 r� or damages received or sustained by any person or persons, or their property, by try Contractor, its servants, agents or subcontractors in the construction of the City Improvements to be performed under this contract, or by any negligence or r carelessness in the performance of the same, or on account of any act or omission of ''� ( {ri CACONPRAMSERVICEWURNITUR.05 3 r R i ^t L`¢'�+'�rt15. ? 1� kt'ti,�Kr GCcIr}�,z�,r cJ,r/�pp r t.ri(tr i�ttr .n}{?}� �,i '�#t�.r.¢ !3`44lrti;�nf•t`n4�t��3 �.3,�'srer.. YYtl �' wi i�5 r.,f t .Y x trrti�ir ✓` 8''_Y:k rr. jit}7Jy1Y"t'�y k4 ''� '$'g�,, { Tcp� t�v.�'t yf'S{ rtTt y r f 1 7 ri S F fyr r f 7 ,,c,tt it rf t '+` 3 ti r 1'$�. .k�} ,fir im )i7 tilt"a°rjrf i rS jryR ,r �1}� •tai ri.y �. `f �� r, �� ' fFti4�'r. Y�,lk..r Yt1 w^ f$t t 1�a: a !$ �: > 3i�t ttYY� tt. w tit Sr r t f fYraa ql rr a: :} u 1 t o 1 l n •< .ti '�w +r t d r y T �:. tw �� .s.,;: �l � ,� ytr �',.x k Y F r!2r` � •r r 4 r a it .� ,� r 11( r n.: t '�' . 1 C {, �` s��. 1. � {t ..0 } ,r f f.4Yt $r 1`"r �33 Sw.:+yrp .r17'jX'$✓}' t f i 4 x�ir r"�;; . d1, .. i.f.•.,, c �.. �inY 13''w .pr`�t,;E" `�MS.`' ,,,j'�f 4 REW'Z7,t -T, IT I Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 9. Payment The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the City Improvements to be completed pursuant to this contract. Contractor shall furnish to it the City a bond in an amount sufficient to insure the payment of all materials and labor used in the performance of this contract. 10. Sjuivfiw. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption, as set out in Section 144.062 RSMo, in the purchase of goods and materials necessary to complete the City Improvements. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the Fire Chief. 11. Payment. The City hereby agrees to pay the Contractor for the work done f - ;" pursuant to this contract according to the payment schedule set forth in the Contract Documents (listed in paragraph 12 below) 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 June 22, 1995 which are by reference made a part hereof. No partial payment rr 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 Four Thousand and One Dollars and Fifty Cents ($4,001.50). 12. 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. Drawings and/or sketches e. Signed Copy of Bid 4 This contract and the other documents enumerated in this paragraph, form the entire agreement between the parties, and the terms contained in these documents supercede any prior or contemporaneous oral statements. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination* The 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. 14. NQtices•All notices required to be in writing may be given by first class mail to the Fire Chief addressed to the Fire Chief, City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at Missouri Vocational Enterprises, CACOWRAMSERVICEWURNMUfL95 4 OR 10 11� ILL-31111µ'Itl rsr?f. 4p.,t 7 tT�, •' zf n*'SST ...'a�i �. ifi IVM S 'rcx�i D>Ll'r•T'•-r�S:il�`}8r�{t�d rtr{:�SyW�4i4h�./ ��:�.M`� A.;t " '� f �"t ...rt+� 1 � I.}Z... � i ix. , °t" r r4 rf .� "v P�"M t1��.i's>? + .r I xr.t� i} r' +Jlt 'fs �4 • r a � • � 1 1 1 / I A / 1., 1 1 / 1 C• 1 � 1 I S t„�• .sNM1i, �xs 'rt S iI�'tijT l•, +, i . r r .i. �i !„ f ;1 e. �,t rl�� '.it t t.{+ r✓ ._(J. 1 4r r }¢�. 7r 1 �t. £ 1 rtt �.i t Fi . 1 ? N 4. ,'z -;.}E � 'i� s+ > z` a „3d. �J:a^:” i' :'�' ,�;f '�,ir t Y 3,t�/ 'i,'7».,•y{.,;�� 'XtF }lsi3r 1;;--17'1 �C:,+ "'� 7��. r�S�FCi7y ' } y � ,��`� !t 4. '}St i...3di�;. frr � .•i .t r r F �•