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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