The URL can be used to link to this page

Home My Public Portal AboutORD10825 BILL NO. _ 87-11 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KOLB & LUECKENOTTE FOR THE TREATMENT AREA ADDITION AT THE ANIMAL SHELTER. BE IT ENACTED BY THE 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 Kolb & Lueckenotte for the Treatment Area Addition at the Animal Shelter for a sum not to exceed $6511.18. 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 �7�z �y 7 Approved Presidi fficer Mayor ATTEST: City Clerk CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this E� day of _ `~] I1-*•, 19 by and between Kolb &U Lueckenotte , 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 supp. '. :s and for constructing the following City improvements : Treatment Area Addition at the Animal Shelter 919 East Miller Street Jefferson City, Missouri 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 thirty ( 30 ) consecutive working days from the date Contractor is ordered to proceed, which order shlill be issued by the Director of Planning and Code Enforcement 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 contracts of Wage Determination No. 7-026-026 . The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workers 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 said workers 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 Planning and Code Enforcement each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City, Ten Dollars ( $10 ) for each worker employed, for each calendar day, or portion thereof, such worker 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) Workman '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 Eight Hundred Thousand Dollars ($800,000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ($100,000) for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Worker's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than Eight Hundred Thousand Dollars ( $800,000) for all claims arising out of a single accident or occurrence and One Hundred Thousand Dollars ( $100,000 ) for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than Eight Hundred Thousand Dollars ($800, 000) for all claims arising out of a single accident or occurrence and One Hundred Thousand Dollars ( $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 insured, in an amount not less than Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single accident or occurrence and One Hundred Thousand Dollars ($100,000 ) for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Worker'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 . ® -2- (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shalt, 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 .f 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 Planning and Code Enforcement may, at his discretion, deduct Fifty ( $50 .00 ) Dollars 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 -3- x r h' 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 workers 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 ANA 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 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. 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 damages and costs by reason or on account of any injuries or damages received or sustained by any persons 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. -4- 9. 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. 10. Payment. The City hereby agrees to pay the Contractor for 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 Planning and Cade Enforcement and in accordance with the rates and/or amounts stated in the proposal of Contractor, dated April 7 19 87 f 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 e. General Conditions b. Addenda f. Special Provisions C. Notice to Contractors g. Technical Specifications 1 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. 12. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the grounds 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. 13 . Notices. All notices required to be in writing may be given by first class mail addressed to: City of Jefferson, 320 East McCarty Street, Jefferson City, Missouri 65101; and the Contractor at Route 4, Jefferson City. Missourij. 65101 _ The date of delivery of any notice shall be the second full day after the day of its mailing. ® -5- 14 . Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN TESIMONY WHEREOF, the parties have hereunto set their hands and seals this / S day of D21 G-, , 19 R e4a 4Z 4 CITY OF JEFFERSON, MISSOURI Contractor By: ✓ ,� By: M yor ATTEST: ATTEST: 7 � , Secretary City Clerk 1 -6- Or ISSUE DATE(MM1DD/YY) �' _5/.2017 PRODUCER THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NELSON VINCENT INSWNCE AGENCY NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, O. Box 356 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. rfersoh City, MO 65102 COMPANIES AFFORDING COVERAGE COMPANY LETTER Vnited_E1m_8L.Cs3S1 a1.t!Gmpany _ COMPANY INSURED- LETTER nsurance_.Lmpar�y�f_I{orthl�ica__._ Norbert Kolb & Gerhardt Lueckenotte COMPANY c/o Norbert Kolb LETTER C+ _ Route T#4 COMPANY Jefferson City, MO 65101 LETTER --- COMPANY LETTER • ' r THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSUREO 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 EFFECTIVE POLICY EXRP.ATID4 LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMiDOW) DATE(hod1DD1YY) EACH OCCURRENCE ACaGREGATE GENERAL LIABILITY BODILY A X COMPREHENSIVE FORM 88-015 648 10/1/86 10/1/87 INJURY $ PREMISESIOPERATIONS PROPER FV UNDERGROUND DAMAGE $ EXPLOSION&COLLAPSE HAZARD _—� X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL conIal°EO $ 1,060 $ 1,000 X INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY SID2Y ^� 1'i1URY ANY AUTO IPFR PFRST4, $ ALL OWNED AUTOS(PRIV. PASS.) goer Y I'1JURY ALL OWNED AUTOS OTHER THAN) PER CCIDEIt^, $ PRIV. PASS _ _ HIRED AUTOS PROPERTY A NON AUTOS 8$-015 648 16/1/86 10/1/87 DAMAGE $ GARAGE LIABILITY RI 8 PD COMBINED $ J EXCESS LIABILITY A OTHER UMBRELLA FORM 27-016 851 2/24/87 2/24/88 COMBINED $ 1,000 $ 1,000 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY $ (EACH ACCIDENT)AND C2 79 61 15 10/1/86 10/1/87 ___1I;t1._ EMPLOYERS'LIABILITY (DISFASE•POLICY LIMIT) OTHER — — --- - $_. 1�(DISEASE•EACHEMPLOYEE) DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS Carpentry, NOC smmlhk EX- City of Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- y PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 East McCarty Street MAIL tE DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE. Jefferson City, MO 65101 [OF EFT,BU AILU AIL SUCH NOTICE SHALL IMP SE NO OBLIGATION OR LIABILITY YI ANY RIND UPON CO ANY, ITS AGENTS EPRESENTAT YES. THORIZED REPRFJM Y • 1