HomeMy WebLinkAboutCityMgrForm.1482.09-05-1979CITY MANAGER FORM ORDINANCE NO.
AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEEN THE CITY
OF CAPE GIRARDEAU, MISSOURI AND KIEFNER BROTHERS, INC., FOR
CONSTRUCTION OF A NEW FIRE STATION HEADQUARTERS, AUTHORIZING THE
MAYOR TO EXECUTE, AUTHORIZING THE PAYMENT OF A SUM OF MONEY
WHEREAS, the City of Cape Girardeau, Missouri, proposed to
construct a new Fire Station Headquarters at the southwest corner
of the intersection of Independence and Sprigg Streets in the
City of Cape Girardeau, Missouri; and
WHEREAS, Kiefner Brothers, Inc., was the lowest and best
bidder for doing the said work; and
WHEREAS, the said parties desire to enter into an Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The "Agreement", copy attached hereto marked
Exhibit "A", between the City of Cape Girardeau, Missouri and
Kiefner Brothers, 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 Agreement, copy
attached hereto marked Exhibit "A", for and on behalf of the City
of Cape Girardeau, Missouri.
SECTION 3. Payment of a sum of money by the City of Cape
Girardeau, Missouri, to Kiefner Brothers, Inc., is hereby authorized
to be made in accordance with the terms and provisions of said
Agreement.
SECTION 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
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PASSED AND APPROVED THIS_ DAY OF ,
1979.
ATTEST:
MAYOR
CITY CLERK �!5 `
AGREEMENT
AGREEMENT MADE this 5th day of September, 1979, by and
between the City of Cape Girardeau, Missouri, a Municipal.Corporation,
hereinafter referred to as "City", and Kiefner Brothers, Inc.,
313 North Jackson, Perryville, Missouri 63775, hereinafter
referred to as "Contractor".
City and Contractor agree as set forth below:
A DmTtIT -cl T
CONTRACT DOCUMEN'T'S
The Contract Documents consists of this Agreement, Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, all Addenda issued prior to execution
of this Agreement and all Modifications issued subsequent thereto.
These form the Contract, and all are as fully a part of the
Contract as if attached to this Agreement or repeated herein. An
enumeration of the Contract Documents appears in Article VII.
ARTICLE II
MUV wnnrz
The Contractor shall perform all the Work required by the
Contract Documents for the construction of a New Fire Station
(headquarters) as detailed on the drawings and specifications
including all mechanical and electrical work.
ARTICLE III
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced
September 17, 1979, and completed within four hundred eighty
(480) calendar days by December 30, 1980. As liquidated damages
and not as a penalty, the general contractor shall pay to the
City One Hundred Dollars ($100.00) per day for each calendar day
the work is not completed past the completion date as stated
above. All bonds and certificates of insurance as specified,
including Section 11, AIA General Conditions A201, 1976 Edition,
EXHIBIT "'A"
must be delivered to the Architect by September 17, 1979, to
validate this contract. The Architect for this project is
Thomas C. Holshouser, AIA, d/b/a Holshouser & Associates, 2319
Bloomfield Road, Cape Girardeau, Missouri 63701. The said
Architect shall be the representative of the City, and shall
serve at the discretion of and under the control of the City
Manager.
ARTICLE IV
CONTRACT SUM
City shall pay Contractor for the performance of the Work,
subject to additions and deductions by Change Order as provided
in the Conditions of the Contract, in current funds the contract
sum of Eight Hundred Seventy -Two Thousand, Eight Hundred Sixty -
Six Dollars ($872,866.00).
Base Bid
$865,644.00
Alternate
No.
1 (Alley Paving)
+ 2,966.00
Alternate
No.
2 (Ceramic Tile at Restrooms)
+ 1,757.00
Alternate
No.
3 (C. Tile at Apparatus Room)
+ 2,064.00
Alternate
No.
4 (Lam. Plas. Toilet Part.)
+ 405.00
Total Amount of Contract =
$872,866.00
ARTICLE V
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect
by the Contractor and Certificates for Payment issued by the
Architect, City shall make progress payments on account of the
Contract Sum to the Contractor as provided in the Conditions of
the Contract as follows:
On or about the Twenty -Fourth (24th) day of each month
Ninety per cent (90%) of the proportion of the Contract Sum
properly allocable to labor, materials and equipment incorporated
in the work, and Ninety per cent (90%) of the portion of the
Contract Sum properly allocable to materials and equipment suitably
stored at the site or at some other location agreed upon in
2.
writing by the parties, up to Ten (10) days prior to the date on
which the Application for Payment is submitted, less the aggregate
of previous payments in each case; and upon substantial completion
of the entire work, a sum sufficient to increase the total payments
to Ninetv per cent (90a) of the Contract Sum, less such retainages
as the Architect shall determine for all incomplete Work and
unsettled claims. All progress payments which become due and
payable to the Contractor shall be paid by the Fifteenth (15th)
of the following month.
ARTICLE VI
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the
Contract Sum, shall be paid by the City to the Contractor within
Thirty (30) days after substantial completion of the work and
formal acceptance of the work by the City Council, unless otherwise
stipulated in the Certificate of Substantial Completion, provided
the Work has then been completed, the Contract fully performed,
and a final Certificate for Payment has been issued by the Architect.
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the
Conditions of the Contract shall have the meanings designated in
those Conditions.
7.2 The Contract Documents, which constitute the entire
agreement between the City and the Contractor, are listed in
Article I and, except for Modifications issued after execution of
this Agreement, are enumerated as follows:
Drawings Titled: A New Fire Station No. 1 (Headquarters)
for the City of Cape Girardeau, Missouri
Cover Sheet & Site Survey --dated May 1979 (2 shts.)
Sheets Al thru A15, dated June 11, 1979 (15 shts.)
Sheets Sl thru S4, dated June 11, 1979 (4 shts.)
Sheets MP1 thru MP6, dated June 11, 1979 (8 shts.)
Sheets El thru E6, dated June 11, 1979 (6 shts.)
Specifications Titled: A New Fire Station No. 1 (Headquarters)
for the City of Cape Girardeau, Missouri
Dated: June 11, 1979
3.
Addendum No. 1, dated July 11, 1979
Addendum No. 2, dated July 25, 1979
See attached sheet for Accepted Alternates.
7.3 If any work is found to be defective, incomplete or
otherwise at variance with the Contract Specifications within one
(1) year following approval of the Final Estimate of Cost by the
City Council, the Contractor will.promptly, without cost to the
City and in accordance with the City's instructions, either
correct, rebuild and make good such defective work or, if requested
by the City, remove said work from the site and replace it with
work conforming to the requirements of this Contract and its
Specifications. Failure to condemn said work at the time of its
completion or construction, shall not be construed as an acceptance
of said work.
7.4 Contractor hereby'agrees to file with the City prior to
commencement of the work, a Certificate of Insurance showing that
the Contractor has in force for a period equal to the period of
the Contract a policy of General Liability Insurance insuring the
Contractor against liability for personal injuries arising out of
the Contract in the amount designated on the Specifications as
attached hereto; Contractor further agrees to.name the City as
an additional insured on said insurance policy; and the Contractor
hereby binds himself to indemnify and save harmless the City from
all claims, demands, suits and actions of every name and description
brought against the said City for or on account of any injuries
or damages received or sustained by any parties or party by or
from the acts of the Contractor, or his servants or agents, in
doing the work herein contracted for, or by or in consequence of
any negligence in guarding the same, or on account of any improper
materials being used in construction, or by or on account of any
act or omission of the Contractor or his servants or agents.
7.5 The Contractor shall furnish the City a bond with
corporate surety for the faithful performance of this Contract in
4.
an amount equal to the total Contract price, and with such
security as will be satisfactory to the City.
7.6 Contractor hereby agrees that he will pay all workmen
performing under this Contract an hourly rate of wages which is
not less than the Prevailing Hourly Rate of Wages as determined
by the Department of Labor and Industrial Relations in Wage
Determination No. , as attached hereto, which is incorporated
by reference as a part of this Contract and Specifications for
the performance of this work. The Contractor agrees that he will
comply with the provisions of the Prevailing Wage Law.
The Contractor hereby agrees that he will forfeit to
the City as a penalty, the sum of Ten Dollars ($10.00) for each
workman employed, for each calendar day, or a portion thereof,
for which such workman is paid less than the stipulated rates as
determined by the Department of Labor and Industrial Relations in
the Wage Determination for any work done under this Contract, by
him, or any subcontractor under him.
The Contractor agrees that he will not contract with
any subcontractor who is prohibited by the provisions of the
Prevailing Wage Lawfrom working on a public works contract.
The Contractor hereby agrees that the City can withhold
payments under the terms of this Contract for all sums and amounts
due and owing as a result of any violation of the Prevailing Wage
Law.
7.7 The failure of the City 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 re-
linquishment of the provisions or rights, but the same shall
continue and remain in full force and effect. None of the terms
5.
or conditions of this Contract shall be altered, waived, modified
or abandoned in any manner except by written instrument executed
by both parties.
7.8_ This Contract is binding upon the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF, the City and the Contractor have executed
this Agreement the day and year first above written.
ATTEST:
Verna L. Landis, City Clerk
ATTEST:
Elizabeth Kiefner, Secretary
CITY OF CAPE GIRARDEAU, MISSOURI
�E7
' �ILOM
��Paul W. Stehr, Mayor
KIEFNER BROTHERS, INC.
E. K. Kiefner, President
Q
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Re: A New Fire Station No. 1 (Headquarters) Date: Sept. 5, 1979
for the City of Cape Girardeau, Missouri
Architect's Project No. 7804
ACCEPTED ALTERNATES
Alternate No. 1
Provide additional six (6) inch thick paving and finish grading
at alley where noted on Sheet Al of drawings.
Add $2,996.00
Alternate No. 2
Provide 51 inch high (12 tile) glazed ceramic tile wainscot
with epoxy paint above on the walls of the following rooms
in lieu of finishes specified and shown on the drawings:
Women's Restroom 108
Men's Restroom 109
Dressing Room 211
Toilet 214
Add $1,757.00
Alternate No. 3
Provide 68 inch high (16 tile) ceramic tile wainscot with
4 1/4" x 8 1/2" glazed tile in lieu of epoxy painted block
walls at apparatus room 100. Epoxy finishes above wainscot
shall remain.
Add $2,064.00
Alternate No. 4
Provide laminated plastic finishes bonded over solid flake -
board core in lieu of the baked enamel finishes as specified
for toilet compartments 10.2. Shower panel shall remain the
same as specified in Section 10.2.
Add $ 405.00
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