HomeMy Public PortalAboutORD10314 SILL NO._ " �7
SPONSORED BY COUNCILMAN
ORDINANCE NO._ Q /
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CITY CLERK. TO EXECUTE A CONTRACT WITH HILGEDICK
IRRIGATION FOR THE CONSTRUCTION AND INSTALLATION OF AN
IRRIGATION WELL AND PUMP UNIT.
BE IT ORDAINED BY THE CITY 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 Hilgedick Irrigation for the
construction and installation of an irrigation well and pump unit
for the sum of Thirteen Thousand Three Hundred and Seventy Dollars
and No Cents ($13,370.00) .
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_ 5 � D �_ Approved_ /S
res' Ling Off QD Mayor
ATTEST:
City Clerk
CONSTRUCTION CON'T'RACT
THIS CONTRACT, j. ade and entered into this c5 day of
19 a_, by and between I�ilaed &_I='
hereinafter called "Contractor, " and the City o 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
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following City improvements -. irrigation well and pump unit
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 90 calendar days from the
date Contractor is ordered to proceed, which order shall be
issued by the Director of the Department of Transportation within
thirty ( 30) days after the date of this contract.
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2. Prevailing Wakes . 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
the 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.
-5-014-0.10 and Decision No. M084-4044 , in which the
rate of wages is set forth, The Contractor further agrees that
Contract tor will keep an accurate record showing the names and
occupations of all workmen employed by Contractor in connection
with the work to be performed under the terms of this contract.
A copy of the record shall be delivered to the Director, of
Transportation 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:
(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 lass than $800, 000 for all claims arising out of a
single occurrence and $100, 000 for any one person Yn a
single accident car 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 $1,00, 000 for any one person in a single
accident or occurrence.
(c) 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 n=.�.ng the
City of Jefferson as the insured, in an amount not less than
$1300,000 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
3 by reason of blasting, explosion or collapse.
(d) 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 Sub-
paragraphs (a) , (b) and (c) hereof and in like amounts.
(e) Sc�of Insurance rind 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 (e) 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
front operations by anyone directly or indirectly
employed by the Contractor.
4, Contractor's 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
AOL 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
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• subcontract as the City may exercise over Contractor utidut Uiiy
provisions of this contract . Nothing contained in this contract
a shall create any contractual relation between any subcontractor
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and the City or between any subcontractors .
5. Li uidated Damages . The Director of the Department of
Transportation rnay,, at his discretion, deduct
$50/dza from any amount otherwise due under this
contract for every tray 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 unforseeable causes beyond
Contractor's control and without fault or negligence on
Contractor's part of 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 by 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 Cite or
fail to observe or perform 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
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
;.e 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. 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,
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9. P ument for Labor. and Materials . The contractor agrees
and hinds itself tia; iay for all lab'Ur 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
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schedule set forth in the Contract Documents upon acceptance of
said work by the Director of Transportation and in accordance
with the rates and/or amounts stated in the proposal. of
Contractor dated q - 2.q , 19 51' 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 f. Special Provisions
b. Addenda g. Technical
C. Notice to Contractors Specifications
s d. Signed Copy of Bid h. Drawings and/or
e. General Conditions sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties . These
documents are fully a part 'of the contract as if attached hereto;
or repeated herein.
12. Subsurface-Conditions; Contractor agrees that
information contained in the published reports and public actions
of the Missouri. Division of Geology and Land Survey shall be
conclusive and binding upon the contractor as to what subsurface
conditions at the job site are reasonably anticipated or
reasonably foreseeable.
13. Notices. All notices required to be in writing may be
given by first class main addressed to the City of Jefferson, 320
East McCarty Wtreet, Jefferson City, Missouri 65101, and
Contractor at 1� - �,�,City, Missouri
The date of deli Very of any notice #hAl1 be the second full day
after the day of its mailing.
14. Jurisdiction. - This agreement and every question
arising hereunder shall be construed or determined according to
the laws of the State of Missouri. SHould any part of this
agreement be adjudicated, venue shall be proper only in the
Circuit Court of Cole County, Missouri.
1 . Contractor Contractual Requirements. During the
performance off' this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as
the "Contractor:" ) agrees as follows;
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A. Co4ti lia�nc� a with Regulations. The QQt1tx.'ac LU1 bIIa.L1
comply with the Regulations. ' relative to
nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter, "DOT" ) Title
49, Code of Federal Regulations, Part 21, as they may
be amended from time to time (hereinafter referred to
as the Regulations) , which are herein incorporated by
reference and made a part of this contract.
B. Nondiscrimination. The contractor, with regard to the
work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national
origin in the selection and retention of
subcontractors, including procurements of materials and
leases of equipment. The. contractor shall not
participate either directly or indirectly in the
discrimination prohibited by section 21. 5 of the
Regulations,' including employment practices when the
. , contract covers a program set forth in Appendix B of
the Regulations.
C. Solicitations for Subcontracts, .Including Procurements
of Materials and R ui ment. In all solicitations
either by competitive bidding or negotiation made by
the contractor for work to be performed under a
subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the
contractor's obligations under this contract. and the
Regulations relative to nondiscrimination on the
grounds of race, color, or national origin.
D. Information and Resorts. The contractor shall provide
all information and reports required by the Regulations
or directives issued pursuant thereto and shall permit
access to its books, records, accounts, other sources
of information, and its facilities as may be determined
by the Sponsor or the Federal Aviation * Administration
(FAA) to be pertinent to ascertain compliance with such
Regulations, orders, and instructions . Where any
information required of a contractor is in the
exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so
certify to the sponsor or the FAA, as appropriate, and
shall. set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance. In the event of the
contractor's noncompliance with the nondiscrimination
provisions of this contract, the sponsor shall impose
such contract sanctions as it or the FAA may determine
to be appropriate, .including, but not limited to--
1. Withholding of payments to the contractor under
the contract until the contractor complies, and/or
2. Cancellation, termination, or suspension of the
contract, in whole or in part.
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in: P! iiii 11111111
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F. incorporation of Provisions. The Contractor shall
ihq� ude the provisions of paragraph 15 subparagraphs A
thru E in every subcontract , including procurements of
materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The
contractor shall take such action with respect to any
subcontract 'or procurement as the sponsor or the FAA
may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes
1 involved in, or is threatened with, litigation with a
subcont3cactor or supplier as a result of such
direction, the contractor may request the Sponsor to
enter into such litigation to protect the interests of
the sponsor and in, addition, the contracor may request
the United States to enter into such litigation to
protect the Interests of the United States.
IN 'TESTIMONY WHEREOFV the parties ave••hereunto set t e 'r
hands and seals this , clay of 19 .
CITY OF JEFFERSON, MISSOURI
By
ATTEST:
YZ.4
(PITY CORK
CONTRACTOR
By_ 4.d1
Title:
ATTEST: =�
__. .SECRETARY
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