HomeMy Public PortalAboutORD16225BILL NO. 2022-014
SPONSORED BY Councilmember Schreiber
ORDINANCE NO. /0245
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, TO REPLACE ALL
EXISTING SIDING, TRIM AND ASSOCIATED ARCHITECTURAL FEATURES AT FIRE
STATION 3, 302 ROCK HILL ROAD.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The City of Jefferson hereby enters into an agreement with Kilmer
Siding, Gutters & More, California, MO for complete removal, disposal and replacement of
all existing siding, trim and associated architectural features at Fire Station 3 (302 Rock
Hill Road) at the agreed upon amount of $79,800.
Section 2. The agreement shall be substantially the same in form and content as
that agreement 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: (IL IP, 202,2•
&AAA;
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Presiding Officer
ATTEST:
Approved: r/ 2_ 20 a_
Mayor Carrie Tergin
APPROVED AS TO FORM:
CITY OF JEFFERSON
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and Kilmer Siding, Gutters and More, hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies for the following City improvements:
Removal and replacement of siding and trim at Fire Station #3.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the removal
and replacement of siding and trim at Fire Station #3, as set forth in Exhibit A. In the event of a conflict
between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail.
2. Payment.
The City hereby agrees to pay 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 an Agent of the City of
Jefferson's Parks and Recreation Department, and in accordance with the rates and/or amounts stated in the
bid of Contractor dated May 21, 2022, which are by reference made a part hereof. No partial payment to
Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total
amount of this contract shall not exceed Seventy-Nine Thousand Eight Hundred Dollars and Zero Cents
($79,800.00). The City will pay Thirty-Five Thousand Dollars and Zero Cents ($35,000.00) for services
and materials on the date last executed by a party as indicated below. The City will pay the remaining
balance upon the Contractor's satisfactorily completion of the work.
3. Manner and Time for Completion.
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 by October 31, 2022.
4. Prevailing Wages.
If the bid price is $75,000 or higher, prevailing wage will apply to public works projects. To the extent that
the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less
than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by
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 Annual Wage Order No. 26 Section 026 in which the rate of wages is set
forth. Contractor further agrees that Contractor will keep an accurate record showing the names and
occupations of all workers employed in connection with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the 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 Purchasing Agent
each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred
Dollars ($1 00.00) for each worker employed, for each calendar day or portion thereof that the worker is
paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor
under the Contractor.
5. 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 $3,000,000 for all claims
arising out of a single occurrence and $500,000 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 $3,000,000 for all claims arising out of a single accident or
occurrence and $500,000 for any one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising
out of a single accident or occurrence and $500,000 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
and the City as the insured, in an amount not less than $3,000,000 for all claims arising out
of a single accident or occurrence and $500,000 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. Such policy shall not be required if the City of Jefferson is endorsed as an
additional insured under the policies described in Sub-paragraphs B and C above and such
are not subject to cancellation or modification without thirty (30) days' notice to the City.
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 Contractor and its subcontracts,
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
Contractor.
6. 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.
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7. Liquidated Damages.
The City may deduct Two Hundred Dollars ($200.00) 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 ensure 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.
8. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should 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.
9. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 8, 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 rights of the City under any other provisions of
the contract, city ordinances, and state and federal laws.
10. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City,
its elected and appointed officials, employees, and agents from and against any and all claims, damages,
losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense ( 1) is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of
use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this paragraph.
11. Payment for Labor and Materials.
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.
12. Supplies.
Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of
goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended.
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten (I 0) days after
the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment
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of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers
compensation insurance and all other insurance called for under this contract, and the payment of the
prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the
City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute
discretion. The amount of the bond shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the attached
specifications and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract d. Notice to Bidders
b. Addenda e. Signed Copy of Bid
c. Information for Bidders f. Drawing 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.
18. Complete Understanding, Merger.
Parties agree that this document, including those documents described in the section entitled "Contract
Documents", represent the full and complete understanding of the parties. This contract includes only those
goods and services specifically set out. This contract supersedes all prior contracts and understandings
between the Contractor and the City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that either party shall seek to
enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to
receive, in addition to any other relief, its reasonable attorneys' fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
21. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms, covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
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deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the
express consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the grounds 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.
24. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice
to Proceed.
25. Construction Safety Program Requirements.
a. Contractor shall require all on-site employees to complete the ten-hour safety training
program required pursuant to Section 292.675 RSMo, if they have not previously
completed the program and have documentation of having done so. All employees working
on the project are required to complete the program within sixty ( 60) days of beginning
work on the Project.
b. Any employee found on the worksite subject to this section without documentation of the
successful completion of the course required under subsection (a) shall be afforded twenty
(20) days to produce such documentation before being subject to removal from the project.
c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two
Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each
employee employed by Contractor or subcontractor, for each calendar day, or portion
thereof, such employee is employed without the required training. The penalty shall not
begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall
withhold and retain from the amount due Contractor under this Contract, all sums and
amounts due and owing City as a result of any violation of this section.
26. Notices.
All notices required or permitted herein under and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
If to the Citv:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 651 01
If to the Contractor:
Kilmer Siding, Gutters & More
Attn: Robert Kilmer
205 S East Street
California, MO 65018
5
CITY OF JEFFERSON, MISSOURI
Carrie Tergin, Mayor
Date:
ATTEST:
liatf9fialittkrn°—'
Cst fik
APPROVED AS TO FORM:
KILMER SIDING, GUTTERS AND MORE
ATTEST:
Title:
6
Kilmer Siding. gutters & more
205 S . East Street
California. MO 650 18
573644407::!
Exhibit A
t:Stlmate
Da te Estimate#
Fax# 5/21 /2022 220.!0
kilmersidii1g(!! yahoo.co rn
Customer's Name & Address
J.C. ... D #3
Matthew N. Bowden
hwy 179
Jefferson City. Mo 651 09
Descnptlon
I St:uaon J ~iding \lyle 111 huve Boa rd N Batten and Lnp board
Rev I Job
RK I
Q•y Rate To tal
I .) In tall mg LP Smart Board Ball en !>iding with Diamond Kotc pai n!. Siding is ins talled using r 40 I 095 .0C 113 .1!00.00
galvanized nai ls. Price iucl udcs uut ~idc corner tri m. i n ~ ide comer tri m, ligh t blocks( if any), electric
bloc!...\ (af an)). dl)er "cnts. caul~. and all labor nt:cdcd to iosto1 ll siding and finish the job. Sidin g
C'olor __ Jnd tnm color. _ Price includes tr im ;~round garage doors, arch/posrs o n north
entrance and beam/post on bacl< porch .
2.) lrt.>talling LP Sman s iding with Diamond Kotc painL Siding isH" lap board wi th 6.75" reveal. 36 1000.0( 16.000.00
Sidmg color i' • and trim color is-. Price include:. light bloch, tri m boards around
'~indows, ou t ~ ide co mer po~L~. cau lking (as needed}, an d insta lled nas hing (a.~ needed). Pr ice
mc:ludes all material and labor needed to complete the job.
S2SOOO ncedt.-d down t(l o rder matcriul
$20000 due day job is slart.ed
remaining balance due day job is completed
signature of acceptance of above --------~-Oatc. ______ _
~II ~~<rduc b11l~ will cncuwu~ 3 I .S% l..tte Chlll'gc Mnjor t'rcdll Cnrd$ At.:cptGd. All Rclu mcd I Tota I
tf «k '"'" CftWWJ!cr uS 30.00 Rdum I'= $79,800.00
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