HomeMy Public PortalAboutORD10993 BILL NO. 87-188
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. L 2 c;
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERIC TO EXECUTE AN AGREEMENT WITH MISSOURI
BUILDERS, INC. , FOR MAINTENANCE AND REPAIR OF ROOFS ON CITY
BUILDINGS.
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 Missouri Builders, Inc. , for
maintenance and repair of roofs on city buildings for an amount
not to exceed $9,959.00.
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.
am Passed Z-�e Approved
�-?resi g Officer or
ATTEST:
1
.City Clerk
CONSTRUCTION CONTRACT
T IS CONTRACT, made and entered into this l6 day of
., 19 ?a by and between Missouri
Builders, Inc . 0. Box 305, Jefferson City, Missouri, 65101,
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 for constructing the
following City improvements: Inspection and repair of roofs over
existing roofs as necessary at the Jefferson City Housing
Authority, 911 East Miller Street; Fire Station 1, 621 West High
Street; Fire Station 2, 2400 East McCarty Street; and Fire
Station 3, 2104 Industrial Drive. Work shall include flashing
and counter flashing associated with all roof penetrations and
perimeter conditions.
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 sixty (60) (calendar, working)
days from the date contractor is ordered to proceed, which order
shall be issued by the City Administrator or his designee 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, if applicable . 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. ___ _ _ and Decision No.
in which the rate of wages is set
forth, or has received a determination that the law does not
apply to this work. The Contractor further agrees that
Contractor will keep an accurate record showing the names and
occupations of all workmen employed 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.
(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
Subparagraphs (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,
2
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 fully responsible to the
City for 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 City Administrator or his
designee may, at his discretion, deduct fifty dollars ($50.00)
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 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 unforeseeable 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
3
A
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 of 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, 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 city
ordinances, and state and federal laws.
8. Liability for Use or Operation. With regard to any
liability which may arise from the use and/or the operation of
this facility, each party expressly agrees that it shall be
solely and exclusively liable for the negligence of its own
agents, servants and/or employees, in accordance with applicable
law, and that neither party looks to the other to save or hold it
harmless for the consequences of any negligence on the part of
one of its own agents, servants, and/or employees.
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. Nothing in this paragraph shall be construed to
change or modify the comparative fault laws of the State of
Missouri.
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
.for the work done pursuant to this contract upon acceptance of
4
said work by the City Administrator or his designee and in
® accordance with the rates and/or amounts stated in the bid of
Contractor dated If 19 , 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 Hid 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. Inspection of Pro-Lect Records. The Contractor and all
subcontractors shall maintain records pertaining to the
performance of this contract and shall make such records
available at the contractor's field or permanent business offices
at all reasonable times during the performance of the contract
and for three years from date of final payment under the
contract, for inspection by authorized representatives of the
City.
15. 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
. The date of
delivery of any notice shall be the second full day after the day
of its mailing.
16. Jurisdiction. This agreement and every question
arising hereunder shall be interpreted according to the laws and
statutes of the State of Missouri.
5
17. IN TESTIMONY WHEREOF, the parties have hereunto set
® their hands and seals this All day of L L.. _ ,
19_f.
CITY OF JEFFERSON, MISSOURI
By
MA
ATTEST::
CITY CLERK
CONTRACTOR
TITLE: ,p
ATTEST: `l-2--;�
SECRETARY
6
PUBLIC BUILDINGS.
320 E. MCCARTY STREET
JEFFERSON CITY , MO 65101
Change Order No. 3 Job No. 20830 Date 5-25--88
Job $ Location Roof repair - Police Department Building, 401 Monroe
Contractor Missouri Builders, Inc.
It is hereby mutually agreed that when this change order has been signed
by the contracting parties , the following described changes in the
work required by the contract shall be executed by the contractor with-
out changing the terms of the contract except as herein stipulated and
agreed.
Description of Changes : See Attached Sheet
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
I/We hereby agree to the modifications of the contract as described
above and agree to furnish all materials and labor and perform all
work in connection therewith in accordance with the requirements for
similar work in existing contract except as otherwise stipulated herein,
for the following considerations :
Contract Amount - Add to - - . .the Contract -Amount the sum of:
One thousand eight hundred fifty dollars and no cents DOLLARS ($ 1,850.00 )
CONTRACTOR Missouri Builders, Inc.
SIGNATURE DATE a 7
Recommended by: Finance Departme t, Purchasing Agent
Signature : DATE 5-25-88
Accepted by: City of Jefferson, City Administrator
Owner / DATE
(ZE (/
® Signature L
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT AMOUNT. . . . . . . 9,959.00
PREVIOUS ADDITIONS, . . . . . . . . 0
TOTAL, , , , , , , , , , , , , , , 0
PREVIOUS DEDUCTIONS . . . , . . . . . . _
NET PRIOR TO THIS CHANGE. . . 0
AMOUNT OF THIS CHANGE xxx Add Deduct . 0
CONTRACT AMOUNT TO DATE 15,200.00