HomeMy Public PortalAboutORD11585 ?i�yf�t ', uvr�r {•t i' .�' rtS?p i,` try r 0 . .�..
"{ t.
.t
, x BILL NO. 91-20
<< SPONSORED BY COUNCILMAN HAAKE
w ORDINANCE NO. 11585
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLLINS z
& HERMANN, INC., FOR THE 1991 GUARD RAIL PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, " ;N
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to L"
execute an agreement with Collins & Hermann, Inc., for the 1991 Guard Rail Project. a ;
The amount expended for the contract shall not exceed $12,125.00 and the initial
amount of the contract shall be $10,986.25. z:
Section 2. The City Administrator and Director of Public Works shall be jointly
authorized to approve thane orders to the contract
PP g provided the total contract
amount does not exceed $12,125.00, nor change the general scope of the project. ;
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: _ June 3, 1991 Approved: June 5, 1991
res:idi ter or
ATTEST:
City Clerk
fma
i.'j"t�`�t¢�,t t r r+ `pp!x;k a r V r��,f.5,,.�';', 't.�+V 1 �"�:':',�y e„{.r t t+t;j i.f t,`'.J,7:f,},i�R'i. '.�_��r..,;,��>,(F.,�t,"�r.��l_`•y t t,4 g`S q��!+r�'s t'c,,�r f,1 Y 0'i r t�5�a i'1¢s ��.�r�,t E i Y c c a 7 M s q}
' 4
°v°�`xr :5:+ q� :t•�.r.�L � ;:.: i�rw rt;'IziC'Y�t;��i...�"0.:r;'.:�'". t ,[ .:4'a�i'cSk,,�w�'`k+y� rr��i. r.r k,.�: ",:4�,Mt;. bi .vi. �k, a
�. yy ae. 3'+ i' i r.. .4J. - rfit.n„ 'r 1' .,,��.e. $„�i :3 F. S rte^`•.�f�}+� '
f+r ti;
t
•�, �f J { d � � '1.�1 •rt.ti?r
{tY?ijX'3�glr�3t �Kh �M { 1 thhkoQ ;.
.1!
fir;,ill;
CITY OF JEFFERSON t,
CONSTRIICT ON CONT CT '<
THIS CONTRACT made and
entered into this day
1991, b y O f �ZX,
y and between s y- }-{��,r �nn � bz .
`�
hereinafter called "Contractor", and the C ty of Jefferson, ' b;
Missouri, a municipal corporation,
'r p , hereinafter called "Cityll . '
3 �t'
WITNESSETH: That Whereas, the Contractor has become the
responsible bidder for furnishing the supervision, labor, tools,
equipment, materials and supplies and for constructing th
following City improvements: 1991 Guard Rail Project.
NOW THEREFORE the
parties to this contract agree to the following. 4r
•
Manner and time for Qom letion. The Contractor agrees
with the City to furnish all supervision, labor, tools, equipment, �r
t. materials and supplies necessary to
� Y perform, and to perform, said
work at Contractors own expense in accordance with the contract
documents and any applicable City ordinances and state and federal
;. laws, within tweet :,;,,•i}t;.rc.rre,
Y (2Q) working days from the date Contractor is
r' ordered to proceed, which order shall be issued by the Director of
F, Public Works within ten (1 )
0 days after the date
' a of this f..,�t.. #;;•._'
2. ]Prevailing Wades. All labor utilized in the construction ..:.,N•.,>
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 �y
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. 91-026-0084 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 s
all workmen employed in connection with the work to be performed
under the terms of this contract. The wages paid to the workmen in connection record shall show the actual
the work to be ,
shall beddeliiveredetoe he coftPubli
A copy of the record
Director
accordance with Section 290.250 RSMo, Contractor kshallhforfeit to
the City Ten Dollars ti
calendar T or (510. 00) for each workman employed, for each
Y 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 F
own expense during the life of this contract:a and maintain at its
(a) kmen's Comtiensation Insurance for all of its employees
to be engaged in work under this contract.
�r.•
�',� � }'t� P`F,1+i1{r"`1�/�3t°�i�rth�.XfjLti`,s��i' ��� ' ..Jl tt i", •r t 4 ',r .)t'.r }N t, 5'ti r�"�i')t iif;;°`ry��' {'
r�41:tJ�t�:tYy
leta �y'�59 ;i7t
d 3 t S , r.1'! 17 •?S 1`„'s `—
c'. r r J °li ?R' '
k s Fry ff t} tr
'41 r. d ��.'jf•.r.,+i'aF.�,fS=r tw, lr sf 'F . .t t � {:,,r� ,, '� '>,C t+.s t' SQ sS t 1FsF ��r t +'
,t r k:tt'3 f, i '41.. }5 .7 ff+j,X7.�y�.I
K } � �� � { 4 p1�t93 Y{ �y°h ltf�l
ijy X S^)
r 'j.ts I 'rsYta�t•;t{.}i���` ;f�.rt / net .: t k � . r �k ,' �r. •• ,•Y t 'u{;!,5..•,.,.,,,r.t s t t�.,..c.'}y�a 'f7f� 'i z..
�F. x.;7 n ,f' -�i*C t ,Xk J. 1�rr t 1 i .r�ri1 S tir;li r .t� .:! A:•.,, �} 1`{ 1' :�bt i);f'ta r} Y ter, ; T'Y�6 i�4�� �F-+
;'. �' .y �i'����t��s v}4�,r� � } ,r• >� + r� � '� } s :;�1 �� t '' t sr`str4�,+i��:t~. ,`` ` G y ,s
r '
4�'aaG = }tt4
s �k��,-1�}
t"k
N
hi'.
sl•.' s t � }•`rlX x'.S't. a t:xr ..5'� C9.. 7} i r}r ,w.' t +�1;t�•°r 141�efT�'j}� it y tt }
V 1 F #
q r r 1 .'.'. r t i .. t C•w..1 � Ntr Sd' R1�1 �� '�`.. r.
l.ipo iis�*
t 4.
l,{
(b) Contractor's Public +iabilit.y Insurance in an amount not
less than
$1, 000, 000 for all claims arising out of a single
occurrence and $100,000 for an one g
y 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
$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,oA0 for any one person in a single accident or ;tt "
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 $1f000,000 for
all claims arising out of a single accident or occurrence and
s y person in a single accident or occurrence,
$100 000 for an one
except for those claims governed by the provisions of the Missouri
Workmen's Compensation Law, Chapter 287, RSMo.
imam
No policy will be
accepted which excludes liability for damage to underground
or by reason of blasting, explosion or collapse.
(e) Subcontracts o In case any or all of this work is sublet,
Y the Contractor shall require the Subcontractor to procure and
maintain all insurance required in Subparagraphs (a) ► (b) � and (c)
hereof and in like amounts.
N.
(f) Scone of Insurance and Special Hazard. The insurance ' s
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
i under this contract, whether such operations be by the insured or
` i by anyone directly or indirectly employed by it, and also against ~}
any special hazards which may be encountered in the performance of
this contract.
-ss
NOTE: Paragraph (f) is construed to require the procurement of
Contractor's protective insurance (or contingent public liability ;r
4,. and contingent property damage policies) by a general contractor ?d
whose subcontractor has employees working on the project, unless
the general public liability nd
a attached thereto of the y Property damage policy (or rider
general contractor provides adequate
protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor. 4
1
Y,.
�t
r
UY r
R"
l
I
` ., ..-1.— .-i- ---+..a-.'•!mR!'SS',"dot',?'iCl is 4?.".k`1I1%i�ii5,9x?,.xx,r,..»--. 'M "^,."'.«""*a 1011 e771 7714' �'�'r' qiF
..tt
•'1. tG7; t
jjr
i ✓ry. 5`f�.Y��
¢";1.
,��7fttt'„� ((
1•f:,S ?l
�ihrl ,yz�t..at,,`7,
t„r,: � .. v 1!, ,i� '' i. r.` p ts J1tLT�t�:�'�i'`����j�4���,�e N ''•f��r�`>.
kt,w
V
owl a ill 110 1
.l
_ ..�._.. ... .-.. ... S
• a u
kNA
4. Contractor's Responsibility for Subcontractors. It is kr
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 M1
subcontractors to Contractor by all the terms herein setforth,
insofar as applicable to the work of subcontractors and to ive
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 Director of Public Works may, at
his discretion, deduct $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 the completion by the time above
JIM
specified, or any extension thereof, or fails to complete the work
by such time, as long as the City does not terminate the right ofi :'r.<<; `
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
Yr.,it t:hf'.M1
Contractor's control and without fault or negligence on ����-;>�„�;���r•
Contractor's pare or the part of its agents.
6 ion The City h right to to "w
. Terminat reserves the
this contract b g terminate
y giving at least five (5) days prior written notice
to the Contractor, without
prejudice to any other rights or ����;s;��x� a••,,
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 rom t
p p payment to any person supplying labor or' ��' •:
f: materials for the work under the contract, or persistently ;
disregard instructions of the City or fail to observe or perform
,f any provisions of the contract.
7. City's 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 "(
fi otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount of this contract thereby t
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 ,3
state and federal laws. ^3
^ ,ry
i
4 •
1
1
i r,,,,,,. .-. •msnWao'.naA�:atSLl":;:e1.r-::x;,,.n M�vx^ra...,.ur-.,. z<•,ro:«ro+mirmxrfvrnrr^�••?^""'i j rr :s! r •#
is `hF •yQ^�ljLa i^! l`(S31° "1.fi , i .+ +I r r c r f `'�'ail ' Y+ .NIt
! ,�t
4 '
Y ,lXn �t r. :!r r. s ,{ { ., {t;•• t �3�, }w.d E 'x
i ip{.`�tss,t,,d .,J•t z°' + ( t �r ' 7 'n' r i' fit i.{. i;s .
if +rr J�'•pyr
Li
,. wry v67tiT �E�rv� E rk. fr� d�+?iSM +:41 eSyls4SY ��:wYsi� Ra9� .a
titter»1;:._.....,.!�.....�.......
...aaypmu� C?S3�1�'�u•� '°",'�.4'.7�`s�'it.3} r4 '. .e.
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 or damages ;t
received or sustained by any person or persons, or their property, ((yyj�y ,.
by Contractor, its servants, agents or subcontractors in the fpr.r
construction of said work, orb an negligence or carelessness inrx = i°Y
the performance of the same, or on any 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 Materials. The Contractor agrees ���� . �� ,;���•
and binds itself to pay for all labor done, and for all the ;;,3�: ,t• k
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 f: rlt 'sq.
performance of this contract. d;:
10. payLaent. The City hereby agrees to pay the Contractor Yea's? t
the work done pursuant to this contract according to the payment ,`,
` schedule set forth in the Contract Documents upon acceptance of
vim said work by the Director of Public Works and in accordance with
the rates and/or amounts stated in the bid of Contractor dated
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. The
total amount of this contract shall not .`•t,..' � '`
exceed
-Teh -JF)cusa w2 n In e 4�( rd S'V
11. Contract Documents. The contract documents shall consist
of the following: fi } ` s
a. This Contract f. General Provisions .•t•.
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 Bids
:SY
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 ' r
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.
1
ky
v
' ir�jj$, ":a4< •,"r`�,}'":JS.,° !;#r ,J ;.,�t 't�', ds 5y , "t.,[ r { ' .a. ,!f 1.,�,}k{yt��>,i}71 Yt ,f ql. •!.! .r
[ 'tS M't`R
Cb'3.MM°In't 'i rG
{{ t, x"�s14^ e6352'•y�.(i°'rr�;7ff:t'`' ..L, r[ .'. i i:; 1 /t ( '.J:� y.T.. .'S. 4s ir.,,l 'Fiq''y+it t)53. - t v :b
�;E ag=r�.}�
'r
.i:�' •}°-k�x t���i r, �`�."'�t"�^SC s�:.N}5. ;.d ..:r'.•lif��� ,.,. .: ..;�" f ,.• (� f ' S[I ; � xd}:,�•U•if•�:+{f;r'q'is•.
3..^�S v r.l:t f[�i{. 'r s � ,1+ t 'l lY✓ ✓•'rf,!X11 Y '?.a y r >�
.} ,4 � .l,.' t fl C S ' ,� •' j r �lj'd.1}mF��t Y�k��t4`t{I�\ �,tE,f
- �..' . . ;.t ;, „t,, ' t �.t ...� r r1it✓d l�..,:: s ��. � � �r r�•°'1'��
t ''. r ... .., ':•t tFs4,l��'�tl tr er,
I
=� �' ,1iX" tz Ltd �� .r � C1�Y s J° :1 +1. r �' t A,: tA'tt � 4 "�, ". 3�'� .�• ��I y � ��
L , � 7 kF i• ( r3 t f , w:
"• � ��� �kU fL 3� { (¢�� t � FJ t l,�(i t G:,s!`�{inn!y .FI �'f 7 d�f{:�'Ek tt'rr y,�
13. Nat cos. All notices required to be in writing may be
z
given by first class mail addressed to the City of Jefferson, 320
East 14OCarty, Jefferson ,City Missouri 65101, and Contractor at
The date of
delivery of any notice shall be the second full day after the day
of its mailing.
Yt 14. Jurisdiction.
This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
IX
v
' +!
15. IN TESTIMONY WHEREOF,, the parties have Y 4greunto set their
hands and seals this /'� day of // ,
-K
CITY OF JEFFERSON, MISSOURI
Mayor
ATTEST:
t.
City Clerk
CONTRACTOR
Tit •
ATTEST:
Tit e:
f
e
v :
t
r
.�IXst q �a E
,• i� 5.c: sr2� Y,v
i
`���`i.. � i` {� a,� *,�� Ety� � `3 ��•s°�#.' �{7��. �a r� �r �1. { �r ��ee S jx1'���'t �} �7 1
eya t ,�':.�i'N t �t� r. t �'.� i�'.�[ � .�.�'q is a•