HomeMy Public PortalAboutORD10520 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JEFFERSON ASPHALT
COMPANY, INCORPORATED FOR THE AIRPORT PARKING LOT SURFACE AND
CRACK SEALING AND CITY PARKING LOT CRACK SEALING.
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 Jefferson Asphalt Company,
Inc. for the airport parking lot surface and crack sealing, and
City parking lot crack sealing for the sum of $21,918. 10.
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 � Approved_ 16 •- 2.3 -
Pr i'ling Off is --j Mayor� ��
ATTEST:
City Clerk
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CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into this V- day of
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by and between
, 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 : Air=r.Y Parkina Lot Surface, ands CraCk Ser-1],ing
anti =3Z parking Lot Crack Real ing
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 45 working days from the date
Contractor is ordered to proceed, which order shall be issued by
the Director of Transportation within 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 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.
6-014-010 and Decision No. _ N/A _ _ ,
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 by Contractor 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 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 tha:i 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:
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Aft (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 riot 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 Contraetox,
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 Sub-
paragraphs (a) , (b) and (c) hereof and in like amounts.
(f) Scope of Insurance and S2ecial Lazard. 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)
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of the general contractor provides adequate
protection against claims arising from 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
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 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 Transportation may,
at his discretion, deduct $100 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 unforseeable
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. 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 , applicances and structures as may be on the work site
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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.
8. Guards and Lights . 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, or arising out of the award of this contract
to Contractor.
9 . 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.
10. 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.
11. 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 September 9 1.9 85 , 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.
12. 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.
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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 address to the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri 653.01 , and Contractor at
�g„QZ--R rdiAwnn_nssvp-, Jefferson City, MO G_57M- The date of
delivery of any notice shall be the second full day after the day
of its mailing.
15. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and :statutes
of the State of Missouri.
16. IN TESTIMONY WHEREOF, thc� parties ha��reunto set
their hands and seals this 1 _ day of
19_ s
CITY OF JEFFERSON, MISSOURI
Amik
By_4MAYOR
ATTEST:
CITY CLERK
CONTRACTOR
By ��� --
T
ATTEST: J •
SECREWMY
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