HomeMy Public PortalAboutORD11111 BILL NO. 88-91
® SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WEATHERCRAFT,
INC. , FOR ROOF REPLACEMENTS AT DESIGNATED CITY BUILDINGS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Weathercraft, Inc. , for roof
replacements at designated City buildings for a sum not to exceed
$23,687.00.
Section 2. The contract shall be substantially the same in
form and content as that contract 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 C%G�7� 3. ����_ APProved�c���
Officer r
ATTEST:
City Clerk
QCT 13 FA
COIRSTROCTXON COYATRACT
® T S C;QNTRACT, made and entered into this day of
19 by and between W,eathercraf Inc.
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 and for constructing the
following City improvements: Inspection and replacement of the
high roof, bay area at Fire Station 3; Complete replacement of the
roof at the Street Division.
NOW THEREFORE, the parties to this contract agree to the following:
1. Manner and time for Completion. The 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 seventy-five (75) calendar days from the date
Contractor is ordered to proceed, which order shall be issued by
the City Administrator or his designee, within ten (10) days after
the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
of the aforementioned 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 Special Wage Determination No. 88-026-0009 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 City Administrator or his designee 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:
f
(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 $800,000 for all claims arising out of a 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 287, RSMo. , and
Contractor's Property Damage Insurance in an amount not less than
$800,000 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
$800,000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(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 $800,000 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, 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 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.
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.
• 4. Contractor'a 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 setforth,
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.
5. Liquidated Damages. The City Administrator or his
designee may, at his discretion, deduct $100.00 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 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.
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 any other rights or
remedies of the City should the 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.
7. Cityls Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, 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.
O
S. Inalsmnity. 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 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.
9. Payment for Labor and madteri.al9. The 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.
10. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule setforth in the Contract Documents upon acceptance of said
work by the City Administrator or his designee and in accordance
with the rates and/or amounts stated in the bid of Contractor dated
September 2. 1988 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.
11. Contract Documents. The contract documents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
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.
12. 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.
13. Kotices. All notices required to be in writing may be
given by first class mail addressed to the City of Jefferson, 320
East McCarty, Jefferson City, Missouri 65101, and Contractor at
Box 67, Cedar City, MO 65022. The date of delivery of any notice
shall be the second full day after the day of its mailing.
14. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
15. IN TESTIMONY WHEREOF, the parties ha: eMo set their
hands and seals this day of / rid ,
19�} .
CITY OF JEFFERSON, MISSOURI
By,
or
ATTEST:
CITY CLERK
CONTRACTOR
B ` �
Title:
ATTEST:
SECRETARY