Loading...
HomeMy WebLinkAboutCityMgrForm.1477.08-15-1979CITY MANAGER FORM. ORDINANCE NO. l AN ORDINANCE APPROVING THE FORM OF A CONTRACT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND RIVERSIDE WEST BUILDERS SUPPLY, INC., AUTHORIZING THE MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUM OF MONEY WHEREAS, the City of Cape Girardeau, Missouri, is the owner of its City Hall Building located at 401 Independence in the City of Cape Girardeau, Missouri; and WHEREAS, the roof on the said building, with the exception of the new vault, needs to be replaced; and WHEREAS, Riverside West Builders Supply, Inc., was the low bidder for labor involved in replacing the roof; and WHEREAS, the said parties desire to enter into an agreement for the doing of said work; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The "Contract", copy attached hereto marked Exhibit "A", between the City of Cape Girardeau, Missouri and Riverside West Builders Supply, Inc., is approved as to form. SECTION 2. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said Contract, copy attached hereto marked Exhibit "A", for and on behalf of the City of Cape Girardeau, Missouri. SECTION 3. The payment of a sum of money by the City of Cape Girardeau, Missouri to Riverside West Builders Supply, Inc., is hereby authorized to be made in accordance with the terms and provisions of said Contract. SECTION 4. This ordinance shall be in full force and effect ten days after its passage and approval. ._ -r - PASSED AND APPROVED THIS % � DAY OF �t j r��,L_ , 1979. MAYOR ATTEST: CITY CLERK l CONTRACT This agreement is made on , 1979, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "Owner", and Riverside Vest Builders Supply, Inc., 270 North Kingshighway, Cape Girardeau, Missouri, 63701 hereinafter referred to as "Contractor". In consideration of the mutual covenants contained herein and other good and valuable consideration, Owner and Contractor agree as follows: SECTION 1. WORK TO BE DONE. The Contractor shall perform the following work in a substan- tial and workmanlike manner on the building at 401 Independence, Cape Girardeau, Missouri: 1. Removal of existing roofing. 2. Deck repair. 3. New roofing. 4. Metal Flashing. 5. Caulking 6. Clean up. SECTION 2. LABOR AND EQUIPMENT. The City shall provide all materials. The Contractor shall provide all labor and whatever equipment or works may be necessary for the expeditious and proper execution of its duties hereunder; with exception of the hot mop. The hot mop will be provided by the City. SECTION 3. OBTAINING PERMITS. Contractor shall secure, at its own expense, all permits, licenses, franchises, consents required by law or necessary to perform its work and will give all notices and pay all fees and otherwise comply with all applicable City, County and State laws, ordinances; rules and regulations. SECTION 4. TERMINA'T'ION BY DEFAULT. Should Contractor at any time refuse or neglect to supply adequate equipment or a sufficient number of properly skilled E MfBIT -As workmen, or fail in any respect to prosecute the work with promptness.and diligence, or fail to perform any of the agreements of this Contract, Owner may, at its election, immediately terminate this agreement, giving notice to Contractor in writing of such election, and enter on the premises and take possession, for the purposes of completing the work included under this agreement, of all the materials, tools and appliances belonging to Contractor, and to employ any other person or persons to finish the work and to provide the materials therefor at the expense of Contractor. SECTION 5. INDEMNIFICATION. Contractor shall indemnify owner from all claims, demands, suits and actions of every name and description brought against the Owner for or on account of any injuries or damages received or sustained by any parties or party by or as a result of the acts or omissions of said Contractor, his servants or agents, in doing the work herein described, or by or as a result of any negligence in guarding the same, or on account of any improper equipment, other than the hot mop, utilized in performing said work. SECTION 6. INSURANCE. Contractor hereby agrees to file with the Owner prior to commencement of the work, a Certificate of Insurance, naming the Owner as a co-insured, showing that the Contractor has obtained a policy of General Liability Insurance for the period of this contract insuring the Contractor and Owner against liability for personal injuries or property damage arising out the Contract in an amount of $100,000.00 for any one person and $300,000.00 for any one incident. SECTION 7. ASSIGNMENT OF RISK. Contractor will bear all risk of damage to or failure of the work it has done under this Contract until such work has been completed and accepted by Owner. SECTION 8. PAYMENT. Upon satisfactory completion by the Contractor and final acceptance of the work by the Owner, of the work to be performed 2. under this contract, the Owner will pay the Contractor the entire amount of the contract within thirty (30) days. SECTION 9. CONTRACT TIME - LIQUIDATED DMAGES - EXTENSION OF TIME. The Contractor hereby agrees to begin said.work and improvement not later than August 6, 1979 and hereby.agrees to complete the same within forty-five (45) working.days, weather permitting. Time of completion is of the essence ofthis contract and should the Contractor fail to complete the work within the time as set out above, it is mutually.understood and agreed between the parties hereto that considerable damage will be sustained by the Owner, but that it will be difficult, if not impossible, for the Owner to establish either the full extent or the amount of the damage under the ordinary rules of evidence. It is therefore understood and agreed by andbetween the parties hereto that the payment by the Contractor .to the Owner of the sum of Fifty Dollars ($50.00) per day for every day, except Sundays and holidays,. the Contractor fails to substantially complete the work to be done under this contract shall be paid to the Owner, as liquidated damages which the Owner will suffer by reason of the default, and not by way of a penalty. The time of completion as above set out shall determine the date after which liquidated damages shall begin. In the event the City Council should pass an ordinance extending the time in which the work shall be completed, such extension of time shall not void the provisions for the assessment of liquidated damages above described. The City Council, may however, for good cause shown, such as unfavorable weather, material shortages, strikes, war, an Act of God, or similar cause, waive the provisions for 3. liquidated damages and set a new date of completion, which date shall govern the time when liquidated damages shall begin. SECTION 10. APPROVAL OF THE WORK AND COMPLETION OF CONTRACT. The Contractor, upon the completion of said.work and improve- ment, shall notify the City Engineer of such fact. The City Engineer and the City Manager shall thereupon inspect said work and make a written report to the City Council, and the owner hereby agrees that upon the approval of said report, and provided said work is completed in accordance with the terms of this Contract, it will make payment to the Contractor as hereinbefore provided. SECTION 11. CONTRACT DOCUMENTS. The Contractor's Bid Proposal is incorporated herein and made a part of this agreement as though fully set out herein. SECTION 12. ASSIGNMENT AND SUBLETTING. Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of Owner. SECTION 13. NO WAIVER OF FUTURE BREACH. The failure of Owner to insist, in any one or more instances, on a strict performance of all of the terms.or the conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this contract shall be altered, waived, modified or abandoned in any manner except by written instrument executed.by both parties. SECTION 14. GUARANTEE. The contractor hereby provides a one (1) year written guarantee on his work. Problems resulting within a one (1) year period from the roofing being improperly installed shall be 4. corrected by the Contractor at no cost to the Owner. IN WITNESS WHEREOF, the parties have executed this agreement at Cape Girardeau, Missouri, the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Verna L. Landis, City Clerk RIVERSIDE WEST BUILDERS SUPPLY, INC. -10 ATTEST: 5. U RIVERSIDE - STE. GENEVIEVE Builders Supply & dome Center Cape °East',( Cape 'West' Ironton Viburnum Ste. Genevieve e eve 334-2811 334-4415 ,:'` 546-7424 244-5291 883-5722 -PROPOSAL Cite of Cape uirardeau (Omer2t3 Ig 79 40I Indeence, Gape Dear Si r: The undersigned proposes to furnish all labor necessary to complete the following: Fenno al of ex i _roofin . Install new roofing, s!Qcarps of new roofing and 32 squares of flat roofing, metal flashing, caulking, and haul off trash. If deck needs repair, this will be extra to labor bid. Owner to furnish all. materials, All of the above work to he completed in a substantial and workmanlike spanner for the sum of ---------- - - - - - - - - - - - - - ($7,995.0o) ) dollars. Payments to be made each as the work progresses to the value of ninety (901) per cent of all wo^Y =t The entire amount of contract to be paid within . r day; of ter compl et ion, nd receipt of final bill. Any alteration, or deviation tr iE "t'FZS` ve specifications involving extra cost or lower cost of material or labor will only be executed upon written orders for same, and will become an extra charge or lower- charge of the sum mentioned in this contract. Al! agreements must be made in :writing. The Contractor agrees to carry Workmen's Compensation and Public Liability Insurance, also to pay all Sales Taxes, Old Age Benefit and Unemployment- Com- pensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Please sig this copy and return, Respectfully submitted, thank you. Riverside best Builders Supply, in^. r, "entra tC1 3y Leo Boren ACCEPTANE _ L:, You are hereby authorized to furnish all � labor required to complete the work mentioned in the above propos , or w,ich the undersignet agrees to pay the amount mentioned in the said proposal, and according to the 4. terms trereof, i father acknowledge Haat i have read the .provisions of Reg- ulation °Z' and the State of Missouri Lien Law printed on the reverse side of this document. DATE Owner Owner (Husband and 'Wife must both sign) X To NOTICE I CUSTOMER REQUIRED BY FEDERAL LAW: You have entered into d transaction on 19 which may result in d lien, mortgage, or other security interest on your home. You have a legal right under federal law to cancel this transaction, if you desire to d0 so, without any penalty or obligation within three business days from the above date or any later date On which all material disclosures required under the Truth in Lending Act have been given to you. if you 30 cancel the trans- action, any lien, mortgage, or other security interest on your home arising from this trans- action is automatically void. You are also entitled to receive a refund Of dnydOwnp8}nHent Or other consideration if you cancel. if you decide to cancel this transaction, you may do 5o by notifying, RIVERSIDE WEST BUILDERS SUPPLY, INC' HIGHWAY 61 at THEMIS STREET, [APE GIRARDEAU, MISSOURI 63701, by mail or telegram Sent not later than midnight Of lg . You may also use any other form of written notice identifying the trans- action if it is delivered to the above address not later than that time. This notice may be used for that purpose by dating and signing below. DATE I HEREBY CANCEL THIS TRANSACTION. Customer's Signature EFFECT OF RESCISSION. When a customer exercises his right to rescind under paragraph /a\ Of this section, he is not liable for any finance or other charge, and any security fntereE becomes V0ld upon such d rescission'. Within 10 days after rec2fpt of a notice of rescission, the creditor shall return to the customer any money or property given as earnest money, down - payment, or otherwise, and shall take any action necessary Or appropriate to reflect the termination Of any security interest Created under the tr&DIdCtfoo' If the creditor has delivered any property to the customer, the customer may retain possession Of it. Upon the performance of the creditor's obligations under this section, the customer Shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the customer shall tender its reasonable value. Tender shall be made at the location of the property Or at the residence of the customer, at the option of the customer. If the creditor does not take possession of the property with -in 10 days after tender by the customer, ownership of the property vests in the customer without obligation on his part to pay for it. NOTICE TO OWNER FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPhY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER���^ R8MO^ TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR LIEN WAlVERS~ FROM ALL PERSONS SUPPLY- ING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT" FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. SPECIFICATIONS FOR REROOFING CITY HALL CITY OF CAPE GIRARDEAU g MISSOURI "A'aWbil A. The City of Cape Girardeau (herein called the Owner) invites bids for the reroofing of City Hall, 401 Independence Street, on the forms attached hereto. FNds will be received at the Office of the City Manager, 401 Independence Street, Cape Girardeau, Missouri 63701, until 10:00 A.M., July 23 t 1979. 3. The City shall provide all materials. Bidders proposal shall be for performance of work involved and shall include all City, State and Federal Sales, Excise and similar taxes which may be lawfully 'assessed in connection with his performance of work. C. The following is a list of work to be performed: 1. Removal of existing roofing. 2. Deck repair. 3. New roofing. 4. Metal flashing. 5. Caulking. (,. Clean up. D. 3--f6re submitting proposals, each bidder shall carefully study specifications and visit site of work and fully inform himself as to all existing conditions, facilities, restrictions and other matters which can affect the work or cost thereof. E. The contractor shall provide Public Liability and Property Damage in limits as follows: Personal Injury — $ 100,000/$ 300,000 Property Damage — $ 100,000/$ 300,000 Certificates of insurance acceptable to the City Manager shall be filed with the Owner prior to the commencement of the work, F. The contractor shall provide a one year written guarantee on his work. Problems resulting within a one year period from the roofing being improperly installed shall be corrected by the contractor at no cost to the Owner. G. All work must be done with awareness of public accessibility to the building. H. Weather permitting, work shall be started by August 6#1979, and completed within forty—five (45) working days. Page 2 — Specifications for Reroofing City Hall SPECIFICATIONS 1. REMOVAL OF EXISTING ROOFING Remove existing asphalt and slake shingles and asphalt felts down to wood roof deck. All gutters, awnings and stairwell covers to be protected during work and cleaned after work is none. 2. DECK REPAIR If after removing the existing roofing it is found that the deck needs to be replaced in certain places, the contractor will be given a change order at a rate of $ 1.50 per square foot of deck replaced. The contractor shall advise the City Manager of amount before proceeding with the replacement. 3. NEW R00FITM (A) Material Shingles — Class "All Underwriters Laboratory labeled, Fire Rated Fire Guard "SelfSealing " Type, Min. 325 lbs. weight per 100 square feet, will be provided by the Owner. The shingle manufacturer will provide a written 25 year warranty that they will replace any shingles which do not remain weather tight. Replacement costs will be proportional to the years of use. Underlaymert Felt ®- 30 lb. asphalt felts will be provided by the Owner. (D) Installations Apply felts to roof deck lapping minimum 4 inches at end laps and 2 inches at top. Starting at lowest edge of roof, apply starter course top edge down. Then apply first course of shingles on top of base course. Continue to ridge and hips showing 5 inches to the weather. Use ridge shingles at ridges and hips. Use minimiLm of 4 galvanized roofing type nails per shingle. Length of nails shall be 1 inch. The nails will be provided by the Leer. b,_ --used. -. The hot mop -- :ll --be ors 4 er. 4. METAL FLASHING i S� � � �e �. ��� u_ 8 , The City will provide 24 gauge galvanized metal flashing. The contractor shall install the flashing at all valleys with western hip type galley; and, at Junctions with side walls and roof. 5.CAULJ G The contractor shall caulk around any flue and vent pipe. The cawing -will be provided by the Owner. 6. CLF: AN tip The contractor shall keep site clean each day and be responsible for disposing of all debris. At the completion of all work, the contractor shall provide general clean up. All access to the building shall be kept open and safe for the public at all times during the work period. Contractor: Mailing Address Page 3 ® Specifications for Reroofing City Hall PIRDPOSAL FOR RMMF-T.qG CITY HALL TO: The City of Cape Girardeau State of Missouri Date: Gentlemen.- ' i (We) propose to furnish all labor and equipment necessary to perform and/or install all work, as specified, for your building in accordance with the Alas and specifications, for the following sum: BY Owner (President, if Corp.) Bid: BY (Secretary, if Corp.) Seal: (If Corp.) N July 17, 1-979 ADDENDUM NO. 1 -- To the specifications for labor involved in reroofing City Hall, 401 Independence Street, on which bids will be opened at 10 A.M. on July 23, 1979 at the City Manager's Office in City Hall. This addendum is issued by the City of Cape Girardeau to amend and supplement the specifications as follows: SPECIFICATION MODIFICATIONS Under No. 3, New Roofing (B) Installation ('Second Paragraph) Hot tar mop will be used. by the owner. SUBSTITUTE THE FOLLOWING: The hot mop will be provided (B) Installation (Second Paragraph) Three (3) lavers of 30 -pound felt will be placed on any flat areas of the roof (excepting the new vault.) The first layer of felt will be nailed down with nails provided by the owner as stated in above paragraph. A layer of hot mix will be applied after the first layer of felt is nailed down. The additional two (2) layers of felt will also be hot mopped. The hot tar and hot tar mops will be provided by the owner.