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HomeMy Public PortalAboutORD11826 Sri A �:�Fa BILL NO. 92-113 SPONSORED BY COUNCILMAN WRIGLEY `j ORDINANCE NO. 11826 •'t.. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZII+IG THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TRI STAR COMMUNICATIONS, INC. FOR MODIFICATION AND MOVING OF COMPUTER CONSOLES IN POLICE DEPARTMENT. I ` BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with TriStar Communications, Inc. for modification and 4 , moving of consoles in Police Department Computer Room. The amount expended f for the contract shall not exceed $37,705.00. Section Z. T41e agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. iy Secs This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: k . PresidW Officer Meor t ATTEST:, City Clerk :.5.4 tt• :,� e7 ES "< j "•.. ,v..e . •.i w:x. _ i 1•� J. P .._r_,. �y�. .e� ryufs6t}�✓M'C i<< �kxgC?st! ir1;. 'k�?nfait'4wF� Ft@. r' 'ak$ed?i''X•'� F� ^7 1p'i*.+,,ril `Wt9%x r'j'N`vr, t . CONSTRUCTION CONTRACT � �.... ... THIS CONTRACT, made and entered into this day of 1992, by and between TriStar Communications, Inc., hereinafter called "Contractor", and the IV, City of Jefferson, Missouri, a municipal corporation, hereinafter called "City". .�5 w WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision,labor, tools, equipment, materials and supplies 4 and for constructing the following City improvements: Modification of Police Department Custom Consoles. � 1 t NOW THEREFORE, the parties to this contract agree to the following: `t 1. banner and time for Comipletion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary M` 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 ninety (90) days from the date Contractor is ordered to proceed, which > ri order shall be issued by the Purchasing Agent within ten (10) days after the date of this contract. �. 2, Prevailing Wades. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required P g g Y to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 through 290.340 inclusive,RSMo. 3. 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. (b) -Contractor's Public Liability Insurance in an amount not less than ` $1,000,000 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 $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. contract\construe\tristar r r a �`' 1� .. - ''k{ • ��-� .. .. � ...-L s.. t .. .,r..L`u ,.,t .�. .._�.e.;''L `:Y r.�. m, ..1��Y�� ,.. L J�'.•eF Y Af r" •h r� ..a+ry�fi+`'Gr'� tf S t�,'•>tyt fk�•ter„+ , ,.,Ss` r F +~i�,x i'kbyC F t,, A,".�,,,.1 C ;�,+iar f;ega:vu;. rR•xyt s� J}: f f (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 } $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,RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. =x (e) Subcontracts - Xn case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in h 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. f} 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's Respons ibility 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 , r 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 exetcise 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. a 5. ]Liquidated Damaizes. The Purchasing Agent may deduct $100.00 from any t 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 2 contract�constru6trlstar A + +F �y f+''' •�X+ t Y i ' j'w °�. ,gyp♦;t� .,.�yy � • V `L1 :l. d i��. 1 ;feu♦ �” • 1 ¢1' ..`ef> to �_ >•..9, ° J �-.�' It Ik .. ! S.0 " •" 2';' 'Y' rt 7"•i t } 'i,'\h;t / tY2fs'^y •;�,:.Sf ., �as'rt�:, 'act � '',^ t A1�'St., , ..;,w t >`i r„,t• d#d 4r Y S , ,d .�v sArh insure the completion by the time above specified, or any extension thereof, or fails ' to complete the work by such tune, 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 x up-foreseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. a 6. Tebrmination. 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 y 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 :. ,Ak° skilled workmen or proper material, or if Contractor should refuse or fail to make 't 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 ,5 .. ,..:. perform any provisions of the contract.,... 7. City's Flight 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 an such case the City may take possession of and utilize in completing the ;r Y• Y Y Y P � , 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 additionto, and ' ' not in limitation of the rights of the City under an other provisions of the contract g Y Y P , t city ordinances, and state and federal laws. a r' 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 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 Materials. 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. r; f n 3 ` contract\construc\tristar •u Y' :.: .. rw.;• '!^3t arµ�ay }Y 't� 1 Ts z1 L f4 ,rr ' 7p urn- " }4fts r;Fft <t "ys. :ia. / . ^7•, + ..'ie i/�,� �`s'�t'�tr}: s� f c< 7Y C :r 1ti , s 1 ..1 ,S l ttl' '.� 2}FIS.S- aK v7t, ;.: t •$,E.� �A'K���u. .�.}j,��g. �jr: itY'�..j � t ?' t r s' t ; r rs ,., u'4 if . j? {A c•''J'r Slit i .tom n',.rtaNy'k' :3'kYf`� a'f1 ti v r y.7' r t� j rr. G lk , r.s td',7d`.1P ti` •+i,2 h'�•� •S k� is �,5 :iLy t -r!=z t r..y � �; n � u .r,�,� 3 t t1 MA� -� �'�' ,�r� t tr ii A ihij ,Y t tdr t'c e ''v�j`;be. i s fit`s `h ' f4^S�'.4Rc11+1.s7a�2r,�{.;,. i< tf ,l°}. p .i'..1,.;rlt`k. ii'7.' $7f13•.y'�}' ..rF. �y ^', lri• ` ..- M,..;,`.}��'r��?'S,�yW 4 J"�r•i?�(K���b4, vl`k�A. n{'k�,4Ya'S*�t�{4� .�5+;' W�„r` f�u i�.t t•.r 7�r''`�s�v9 y G,�',���,t � 8 �,.. .�,,f r •' '"� � d �;tf pxs t>. tvf, _"'r`,pT:,as�.r' °A` c�}ii T �i i h��} .S sal s)r. .j,� zt��.i. L t�;r ��'� �" rr' �: 1 i'S�}?,;,� ,?s �H<. s'i't4�`.,;'Sty S -?,c :7}}�i'`Fs%S7;ggrYr,rt 4i+�}'t�t`Si"�.'in` 7`'t.i� re.�•�f � ^7 y3,.v�S �S��.a rt�.s:�7��-v�. .i<"�^�'z t � '. ''`M. 'U ..1 ..t(t. �. M&s t ... _a .. .�'.it3.. s` to "•� 't.f r..,q� Yr t. 7,5''}', ,C . .�J.�/.�..�r1 a.. _ .. c_ .. ... _ .. . \ .. 'b •• . . L. ,t ,.tu.1.r ✓e�i'Wt¢:/L1ri Y•l��:uM.H4w^.nuIAVY4 ^ »i � y � {;��` ,p� � �4y�,E�i try *a n*,Trtren;s�tr x^�.m �f }�wr �,'�agajg,S��,tq rl.e�� ;�,•�;, xi4sJ"��r�rsr.i.��n: '.•,.a'Ytky�. .,y, ( x��� �j of •th�'- 14t3'��+ "i t '�' f t �6.�4 �,,r. tJ�f t ) � ' f. '. i x . 1: y, '. d k �k Ent A 10. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1986 as amended. Contractor shall keep and n maintain records and invoices of all such purchases which shall be submitted to the 1. City. 11, Payment. The City hereby agrees to pay the Contractor the work done � pursuant to this contract accordinag to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Purchasing Agent and in accordance with the rates and/or amounts stated in the bid of Contractor dated October 9, 1992, which are by reference made a part hereof. No partial payment to the Contractor R, shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed $37,705.00. 12. Contract Documents. The contract documents shall consist of the following: .Y a. This Contract f. General Provisions b. Addenda g. Special Provisions a c. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawings and/or sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Notices. All notices required to be in writing may be given by first class mail addressed to the Purchasing Agent, City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 1918 Southridge Drive, Jefferson City, Missouri 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Juriscliction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 4 contmakonstruevrtstar .S } ♦!2i E^ a ����� ' _ ..' u/.,ye <- � + ..t �.; `'�.. � r h r"��. n r k.:t'tY 1: i. 1 �.. �'"'?`.j$ . t • .,,;.. RmSi 1 4:;,: 't R%.•l (t 1 I_r, • L, FyR^^bY fir i `lilt " 7'. IS } 1,41 }1 EIf'�4 tom. I � 1't r (' f f,t.t.fui 1A �.jx' ��.4" s�Pu .:)Fly•.It�.�:4."vFµ�;".:sf'j,.y 4�§'0,;=,�� � �tLt,.'u:}�tt'` 1;' ,�.ri�i.z!,q:+IJF.7�.'t},:: p ',5 !� .=✓k{' (�}'..y A- '$..;; ..��i+ j't,3a r �,rt. ... � �';$F ,.y t ' r '.. r t(.t + �.` t r ' ttra,,F..i-:✓j'. } +N d 1': ^: A'�Y 1. �iRt�.t� a7{ �1,.7y�d LRi '..J'�,}�I .. J . . 1�' .. _. _ .. _ �'. .. .. SAtw.. .�111�►"4J�;4/t1V!P,.K,`J��!'"!t"�+'!� w',Y^+e.�..5'1!.��._ �. �➢�'S��`+E(r# 7�fs+' ��J �i.� '�f�r��.��t�. !��a�E�. F k^+ .. +r° �.� �� " i r + +:.?.: 1 '. � 1' Syf.� ,y '� ���i ,f.Fg aS�•4 n' t ik' r f#a,l?� 'r �.t�'tia�si�,3t' b�l� �ir � +r,°:;�+< +b.r.>.P.#r. � t � � a r r '1 --- -- ISSUR DAM(MMMOrm CEIRT'IFICATE OF INSURAN CB 6 HIS ClEiRTiRICATE Is$Is3StIED AS A MATTER OF INFORMATION ONLY AWD UPON THE CERTIFICATE HOLDER.THIO CERTIFICATE Y, oDUCER CONFERS NO RIGHTS UPON NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T145 ACMUNP ZXWW1VH [POL1011211% Orlin J. 'tntpbert, (rPC(J COMPANIES AFFORDING COVERAGE 2500 Damson North COMPANY National Far=ra Union Standard Lincoln/ NE 68512 4 LETTER Insurance QOipany - Denver, 00 ra E COMPANY 2 LETTER INSURED Central Fbbil Phone, Inc- LETTER C ! `r( a Subsidiary of Cbariton Valley1e" COMPANY ,. done Corp. LETTER D p. 0. ]Sox 470 i lim, M:) 64631 COMPANY r LETTER ! 1 COVERAGEO :. THIS(8 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED,NOTWITHSTANDING ANY Y PERTAIN.THE CERTIFICATE MAY BE ISSUED G MA INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "? POLICY EFFECTIVE POLICY EXPIRATION LIMITS ?tz L1R TYPE OP INSURANCE POLICY NUMBER DATE(MMIDONY) DATE(MMIDDIYY) GENERAL AGGREGATE f OIEIIERAL LIABILITY 92 ] 93 PRODUCTS•COMPIOP AGO. f 10 000,000 A X COMMERCIAL GENERAL LIABILITY 2RU0164149 �� / PERSONAL f ADV.INJURY 3 Tw1�� CLAIMS MADE XOCCUR. EACH OCCURRENCE i 1,000,000 OWNER'S 8 CONTRACTOR'S PROT. FIRE DAMAGE(Any one tire) 3 50,000 MED.EXPENSE(Arty one person) i 1,000 z, i COMBINED SINGLE AUTOMOBILE LIABILITY LIMIT f 1,000,000 ` 2Jp164149 1/1/92 1/1/93 { A • X ANY AUTO BODILY INJURY 3 )t ,i ALL OWNED AUTOS (Per person) H. SCHEDULED AUTOS HIRED AUTOS A BODILY INJURY 3 (Per accident) NON-OWNED AUTOS Y _. GARAGE LIABILITY PROPERTY DAMAGE. f r& .L • EACH OCCURRENCE f 5/000/000 'y:t. EXCESS LIABILITY 2CB0164150 1/1/92 1/1/93 AGGREGATE 65,000,000 1 A X UM8RELLAFORM } OTHER THAN UMBRELLA FORM '•�; STATUTORY LIMITS s WORKER'S COMPENSATION EACH ACCIDENT f 100,000 h 't Z=164152 1/1/92 1/1/93 ' .w A AND DISEASE—POLICY LIMIT i 5000 000 EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE f OTHER Ir a� DKICRIPTION OF OPB RATIONS/LOCATIONSIVENICL48HPlCIAL ITEMS • Ref: Maintenance agreement CBRTiPICAT!HOLDER ' CANCELLATION ity Of Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 0 E. arty St. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ! r! efferson City, MD 65101 MAIL_U_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i Cheshire LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Att: Deborah C i LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RlPNEB7NT7W. CACORD CORPORATION 1990 CORD 2t6.8�71Y0�, ' "` . � �'arj�`,r'� x�+` yy�•<',„3g r ` �` �-r' '�,`. { .,�' N",ji�s V1.;.r..l�a,:�;`aa' p"�. 'wtI{" �„5f.: �.�4fk�'��Y$nv`.: ♦;, fin ai�,�,,°,� to Al 'u 3 rt ' q .•r,a 6{ t 1 J•LA �•ki {I Y, {?F rkxJ ON � aI.r t d..,� fir,��t r .� t�( I� f"1 \•1k`"n•�ti 1�ti.E'..;4 Lt 7�.. '; Y Y . 4jj{!l !r!t F } Y�+,i .;•d �.. 7.5 i;i .xar :E�' ..ff,A t, �le �t«,� 2.q^, :A; nm v* _ r ._,_.� as•__` _ —_lll�uwr�.esrar •�r.IH,au�anairin!' �••, •.cJ