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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 i 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. z 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. Cl (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 C2 • 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 t 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, C3 f 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 } 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; C4 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. C5 in: P! iiii 11111111 n 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 C6