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HomeMy Public PortalAboutORD10561 BILL NO. �—"' l q SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HOWERTON ELECTRIC CO., INC., FOR THE MODIFYING AND UPGRADING OF ELECTRICAL CONTROLS AT THE IDLEWOOD PUMP STATION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section I. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute a contract with Howerton F]Prtru r n.,Inc. for the modifying and upgrading of electrical controls at the Idlewood pump station, for the sum of $11, 984 .00. Section 2 . The agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed 1— ,go — $(0 Approved 86 Pr iding Off i r /Mayor' ATTEST: City Clerk CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of 19 }�'�i by and between Nnwprt-on F.1 pe-l-ri c 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 modifying and upgrading electrical controls at the Idlewood pump station. 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 two ( 2 ) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within two ( 2 ) 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. 6-026-119 dated January 15, 1986, made by the Missouri Department of Labor and Industrial Relations, Division of Labor Standards, 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 Public Works 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: 1! 1111 11111 !ill: MINIMUM � iii 11 IN DOWN&INUM (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 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. (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 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 $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 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 (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 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 shales 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 One Hundred Dollars ( $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 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 'Che 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 Public Works and in accordance with the rates and/or amounts stated in the proposal of Contractor dated aRmiary 20 , 1986 1 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. • 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 65101, and Contractor at P.O. Box 264, Jefferson City, MO 65102 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 Jt4p parties haA hereunto set their hands and seals this day of AP 19 . CITY OF JEFFERSON, MISSOURI By Aft. M YOR ATTEST: -LIS dtj=!" TY CLERK CONTRACTOR B Ti le: '?P-E51 Di Aj ATTEST: SECRETARY 2107 MISSOURI BLVD.BOX 264 ELECTRICAL CONTRACTOR JEFFERSON CITY.MISSOURI 63102 OWERTON 'fELEPNONE 31-1.633.7131 ELECTRIC CO., INC. PROPOSAL PROJECT: IDLEWOOD PUMP STATION FOR: CITY OF J FERSON LOCATION: �T�RRaSON CITY, MTRSO1RI CITY HALL DESIGN PROFESSIONAL ATTN: JIM HARTLEY DRAWINGS NO. DATED: DATE: JANUARY 20, 1986 SPECIFICATION DATED: Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side, we propose to furnish materials and labor at the prices as stipulated below: WE WILL FURNISH LABOR AND MATERIALS FOR THE CONVERSION OF THE IDLEWOOD PUMP STATION FROM 240V TO 480V ALONG WITH THE CONTROL PANEL , CONDUIT AND WIRE AS SPECIFIED ON THE DRAWINGS FOR THE SUM OF $11,984 .00. THE TIME FOR ASSEMBLY AND DELIVERY OF CONTROL CABINET IS APPROXIMATELY 3 WEEKS. THE TIME REQUIRED FOR SHUT DOWN AND CHANGE OVER FROM 240V TO 480V AND PROVIDE POWER TO ONE PUMP IS APPROXIMATELY 16 TO 20 HOURS OF LABOR. TIME FOR COMPLETE INSTALLATION IS APPROXIMATELY 1 (ONE) WEEK AFTER RECEIVING MATERIAL. PRICE: ELEVEN THOUSAND NINE HUNDRED AND EIGHTY FOUR DOLLARS AND NO CENTS. The undersigned accepts this proposal and all its terms and conditions as a binding contract subject only to the �J approval of the credit of the Buyer by the Seller which �®�ERTUR shall not be unreasonably withheld. COMPANY: AM qu BY: HOWERTON ELECTRIC COMPANY, INC. TITLE: BY: DATE: TITLE: RANDY REHAGEN, ENGINEER M E M O R A N D U M T0: City Administrator , Mayor , City Council FROM: Tom Jones , Department of Public Worksj SUBJECT: Emergency Electrical Modifications Idlewood Pump Station DATE: Friday, January 17 , 1986 During the month of December, we had five (5) motors rebuilt or repaired due to burn-up from single phasing or losing power on one phase of incoming current . In addition, loss of power to the sump-pump caused flooding of all the mechanical and electrical equipment in the station which further complicated the repairs. Our electrical contractor could not define a specific cause for the failure, although he acknowledged the control system was bad. These repairs and installation costs have exceeded $5 , 000 . 00 to date . We hired Mr. John Sullivan, a retired electrical engineer from Howerton to evaluate the system and make recommendations for a reliable system. His evaluation determined that many of the components (breakers , starters , and overloads ) were inoperable , undersized, and obsolete. The wiring was of minimal size for the current used, and there was very high amperage draw for the 240 volt service provided. He evaluated costs to replace the components, provide overload and voltage protection, and provide transformers from 480 volt Union Electric service to 240 volt motors ; this would exceed $20, 000. 00. He proposed to completely replace the old control system with state-of-the-art controls and remove the electrical from inside to outside the station for a cost of $12 , 000 - $15, 000. At this time , we have only one motor in service and have made some minor changes to prevent it from burning; however its reliability is questionable. We wish to proceed with this replacement on an emergency basis to prevent spending money on rebuilds , and having untreated sewage bypassing into Renn `s Lake, which has been very unpopular with the residents in the area. I will be available to provide additional information if necessary.