HomeMy Public PortalAboutORD10721 BILL NO. /? -l y /
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ADAMS RAYNOR DOOR COMPANY
FOR GARAGE DOOR REPLACEMENTS AT THE STORAGE BUILDING, 911 EAST MILLER
STREET.
BE IT ENACTED 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 Adams Raynor Door Company, for
garage door replacements at the storage building, 911 East Miller
Street for a sum of $5,525.00
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.
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IF PASSED e :G„ f:221 F F,,6 APPROVED
P DZ�FICER� y M OR
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ATTEST:
CITY CLERK
i
CONSTRUCTION CONTRACT
THIS TT ACT, made and entered into this /7 day of
, 19 ' _, by and between Adams Raynor Door
Co want/ # 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: Garage door replacements at the
storage building, 911 East Miller Street
NCW, 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 ninety (90) (calendar, x%xJgq {
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within ten (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. x
6-026-115
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 int;
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:
AWL (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,
An Except for those claims governed by the provisions of
WW 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 i.s
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
pr6vide 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.
N(YIE: 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
shall create -any contractual relations between any subcontractor
and the City or between any subcontractors.
5. Li idated Damages. The Director of Public Works may, at
his discretion, deduct X50.00 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
Am 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 ccirrpletion 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 'prbmpt 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
AOL 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_si.te
tl
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„
Am 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 Public Works and in accordance with
the rates and/or amounts stated in the _bid . of Contractor
dated C_ _ -7 19 �'� which are by reference made a
part heree66f. -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.
,
Nondiscrimination. The Contractor agrees in the
perforrre�nce 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
r 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
Jefferson. City, :Missouri .65101, and Contractor at
•1867 Craig Road. St. Louis MO 63146 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, tie parties have,, her unto set
heir.-:-hands and seals this I7 day of ¢ .a
CITY OF JEFFERSON, MISSOURI
ATTEST:
`-CITY CLERK
,.CONTRACIIOR.
Ti
ATTEST: '. .
SBC#BTARY
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la�iT�I
IS3l/E DATE MMIDD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
TRISSEL GRAHAM & TOOLE INC. EXTEND OR ALTER THE COVERAGE HOLDER.RDED BYCTHEIPOLIC ES DOES ELOW AMEND,
15th & Brady --
Davenport, IA 52803 COMPANIES AFFORDING COVERAGE
COMPANY A CINCINNATI INSURANCE COMPANY
LETTER
COMPANY
INSURED ADAIC DOOR COMPANY, INC. and/or LETTER -. �_— - --- --
ADAMS DOOR COMPANY INC. OF PEORIA and/or COMPANY
ADAMS DOOR COMPANY OF DES MOINIu, INC. an or �_^
MARANCY CORP. dba AIkA.MS RAYNOR DOOR COMPA ftb r�o�
J.C. ADAMS, INC. dba ADAMS RAYNOR DOOR CO -
c/0 P. O. .SOX 815 COMPANY
Bettendor£ IA 2722 LETTER
8
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO POLICY UIIS'IVE POLICY EXPIRAT!ON LIABILITY LIMITS IN THOUSANDS
LTA TYPE OF INSURANCE POLICY NUMBER DATE Q^[)')Y1'I OAIE OAPAIDON'Yl t ACS "-
CK:CURRENCF AGGREGATE
GENERAL LIABILITY — -- _—`— BOMLY —
A X COMPREHENSIVE FORM 57 66 10 6/1/86 6/1/87 INJURY s 500 $ 500
X PREMISES'OPERATIONS PROPERTY
UNDERGROUND DAMAGE $ 100 $ 100
EXPLOSION 6 COLLAPSE HAZARD _
X PRODUCTS/COMPLETED OPERATIONS
]: CONTRACTUAL BI a PO
COMBINED $ $
X INDEPENDENT CONTRACTORS _
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $ 500
AUTOMOBILE LIABILITY fuxn —
!
A X ANY AUTO
57 66 l0 6/1/86 6/1/87 Fin PER P
ENSO\I $
ALL OWNED AUTOS(PRIV PASS I WDLV
ALL OWNED AUTOS(OTHER THAN 1 iNAAACVatii $
PRN PASS / --
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE. $
GARAGE LIABILITY '
BI 6 PU
--- -- --'— --°- — COMOfNFD $ SOQ
EXCESS LIABILITY
A X UMBRELLA FORM CCC 250 244 18 6/1/86 6/1/87 COM�NED $2,000 $ 2,000
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION — STATUTORY
A AND WC 227 48 57 611186 6/1/87 $ 100 IIACH A(CIDEN1,
EMPLOYERS'LIABILITY $500 IUISIAS[ POLICY LIMIT ^
$ 100 IUI!i1 ASf f ACH f MPLOYf L I
OTHER — ------ ------•- -----------._..-- --- ---.�.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMSi�
Job: 911 E. Miller, Jefferson City, MO
ADDITIONAL INSURED: CITY OF JEFFERSON, MISSOURI
CITY OF JEFFERSON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Y . MAIL '15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, MO 65101 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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