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HomeMy WebLinkAboutCityMgrForm.847.11-07-1973CITY TANAGER FORM ORDINANCE NO.'S AN ORDINANCE APPROVING THE FOR1_,V1 OF AN AGREEMENT BETTfrEEN THE CITY OF CAPE GIRAJZDEAU,: MISSOURI, s D PARAMOUNT 'PAINTING COMPANY FOR EXTERIOR PAINTING FOR THE ARENA BUILDING RENOVATION, WITH AUTHORITY FOR THE MAYOR TO.EXECUTE, AND AUTHORIZING THE PAYMENT OF A SUM- OF MONEY FOR SAID WORK WHEREAS, the *City of Cape Girardeau, Missouri, proposes to renovateand improve :the Arena Building and has need of certain services* and materials for said renovation; and, WHEREAS, Paramount Painting Company desiresto provide tiaterialsand labor for the painting of all exterior sandblasted and prepared concrete surfaces, as shown on plans and specifications for said renovation; and, WHEREAS, the City. of Cape Girardeau and Paramount Painting Company desire to enter into an Agreement for the providing of said servicesandmaterials; NOW, THEREFORE, BE IT ORDAINED BY THECOUNCILOF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOTWS: SECTION 1. That the. "Standard Form of Agreement Between Owner and Contractor", attached hereto and made a -part hereof marked "E,,ehibit A", between the City. of Cape Girardeau, Missouri, and Paramount Painting Company, is approved in form. SECTION .2. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said "Standard Form of Agreement Between Owner and Contractor", for and on behalf of the City of Cape .G-irardedu,Missouri. SECTION 3. Payment of the s=. of 'I'wb Thousand Nine Hundred Fifty Dollars ($2,950.00). is hereby authorized to be made by the City of Cape Girardeau, Missouri, to Paramount. Painting Company for said work in accordance with the provisions of the said Agreement, attached hereto marked "Exhibit. A". SECTION 4. This ordinance shall be in -cull force and effect from and after ten days after its passage and approval® PASSED AND APPROVED THIS DAY OF 1973. MAYOR ATTEST: CITY CLERK THE. AMERICAN INSTITUTE OF ARCHITECTS n AIA Document A107 Standard Form of Agreement Between Owner and Contractor Short Form Agreement for Small Construction Contracts Where the Basis of Payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION For other contracts the AIA issues Standard f=orms of Owner -Contractor Agreements and Standard General Conditions of the Contract for Construction for use in connection therewith. AGREEMENT blade this Third day of October in the year Nineteen Hundred and Seventy Three BETWEE(®l The City o.0 Cape Girardeau, I ssour a municipal corporation the Owner, and Paramount Painting Company Ill North Sprigg Street Cape Girardeau, Kissouri 63701 The Owner and Contractor agree as set forth below_ the Contractor. AIA DOCUMENT A107 ' SMALL CONSTRUCTION CONTRACT ° SEPTEMBER 1970 EDITION • AIA® ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YG'RK AVE., N.W., WASHINGTON, D.C. 20006 1 ARTICLE 1 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents-) Ali materials and labor for the painting of all exterior sand- blasted and prepared concrete surfaces (accepted Alternate No. 1) for the Arena Building Renovation and Air Conditioning for The City of Cape Girardeau, Missouri, according to plans, specifications and addendums as prepared by Thomas C. Holshouser, Architect. ARTICLE 2 The Architect for this Project is Thomas C. Bolshouser, 2319 Bloomfield Road, Cape Girardeau, MO 63701 ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced At the completion of the exterior concrete surface preparation as provided under separate contract. and completed As soon as passible ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the General Conditions, in current funds, the Contract Sum of (State here the lump sum amount, unit prices, or both, as desired..) Two Thousand, Nese Hundred and Fifty Dollars ($2,950.00) AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT ° SEPTEMBER 1970 EDITION ° AIA® 01970 • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE.; N.W., WASHINGTON, D.C. 20006 2 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as follows: On or about the first (1st) day of each mouth ndnety (90) percent of the proportion of the contract sum properly allocable to labors materials ,and equipment incorporated in the work and ninety (90) percent of the portion of the contract sun properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to the last day of the month, 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 one :hundred (100) percent of the contract sam,, less suet retainages as the Architect shall determine for all incomplete work and unsettled claims.. ARTICLE 6 FINAL PAYMENT The Owner shall make final payment Thirty (30) days after completion of the Work, provided the Contract be then fully performed, subject to the provisions of Article 17 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents are as noted in Paragraph 8.1 of the General Conditions and are enumerated as follows: (List below the Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) Specifications Titled: Arena Building Renovation and Air Conditioning For City of Cape Girardeau, lassouri Project No. 7303, Dated August 1, 1973 Plans: (Titled as above) Sheets 1 thru 3, dated August 1, 1973 Addendums: No. 1, dated August 27, 19?3 No. 2, dated August 29, 1973 AIA DOCUMENT A'107 ' SMALL CONSTRUCTION CONTRACT • SEPTEMBER 1970 EDITION • AIA® ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D.C. 20006 3 GENERAL CONDITIONS APTIrl F A CONTRACT DOCUMENTS 8.1 The Contract Documents consist of this Agreement (which includes the General Conditions), Supplementary and other Conditions, the Drawings, the Specifications, all Addenda issued prior to the execution of this Agree- ment, all amendments, Change Orders, and written interpretations of the Contract Documents issued by the Architect. These form the Contract and what is required by any one shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, equipment and other items as provided in Paragraph 11.2 necessary for the proper execution and completion of the Work and the terms and conditions of payment therefor, and also to include all Work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results. 8.2 The Contract Documents shall be signed in not less than triplicate by the Owner and the Contractor. If either the Owner or the Contractor do not sign the Drawings, Specifications, or any of the other Contract Documents, the Architect shall identify them. By executing the Con- tract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed. 8.3 The term Work as used in the Contract Documents includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. ARTICLE 9 ARCHITECT 9.1 The Architect will, provide general administration of the Contract and will be the Owner's representative during the construction period. 9.2 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 9.3 The Architect will make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Archi- tect will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 9.4 Based on such observations and the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Cer- tificates for Payment in accordance with Article 17. 9.5 The Architect will be, in the first instance, the in- terpreter of the requirements of the Contract Documents. He will make decisions on all claims and disputes be- tween the Owner and the Contractor. All his decisions are subject to arbitration. 9.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. ARTICLE 10 OWNER 10.1 The Owner shall furnish all surveys. 10.2 The Owner shall secure and pay for easements for permanent structures or permanent changes in existing facilities. 10.3 The Owner shall issue all instructions to the Con- tractor through the Architect. A UT14-1 9: 11 CK8h1ILC41i to] 7 11.1 The Contractor shall supervise and direct the Work, using his best skill and attention. The Con- tractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 11.2 Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and comple- tion of the Work. 11.3 The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or any- one not skilled in the task assigned to him. 11.4 The Contractor warrants to the Owner and the Architect that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Docu- ments. All Work not so conforming to these standards may be considered defective. 11.5 The Contractor shall pay all sales, consumer, use and other similar taxes required by law and shall secure all permits, fees and licenses necessary for the execution of the Work. 11.6 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT ° SEPTEMBER 1970 EDITION • AIA® ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006, 4 the Work, and shall notify the Architect if the Drawings and Specifications are at variance therewith. 11.7 The Contractor shall . be responsible for the acts and omissions of all his employees and all Subcon- tractors, their agents and employees and all other persons performing any of the Work under a contract with the Contractor. 11.8 The Contractor shall review, stamp with his ap- proval and submit all samples and shop drawings as directed for approval of the Architect for conformance with the design concept and with the information given in the Contract Documents. The Work shall be in ac- cordance with approved samples and shop drawings. 11.9 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as his tools, construction equipment, machinery and surplus materials, and shall clean all'giass surfaces and shall leave the Work "broom clean" or its equivalent, except as otherwise specified. 11.10 The Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and em- ployees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attribut- able 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 there- from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Sub- contractor, 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. In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Para- graph 11.10 shall not be `limited in any way by any limi- tation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub- contractor under .workmen's compensation acts, dis- ability benefit acts or other employee benefit acts. The obligations of the Contractor under this Paragraph 11.10 shall not extend to the liability of the Architect, his agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, sur- veys, Change Orders, designs, or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 12 SUBCONTRACTS 12.1 A Subcontractor is a person who has a direct contract with the Contractor to perform any of the Work at the site. 12.2 Unless otherwise specified in the Contract Docu- ments or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Architect in writing a list of the names of Subcontractors proposed for the principal por- tions of the Work. The Contractor shall not employ any Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall not be required to employ any Subcontractor to whom he has a reasonable objection. Contracts between the Contractor and the Subcontractor shall be in accordance with the terms of this Agreement and shall include the General Conditions of this Agreement insofar as appli- cable. SEPARATE CONTRACTS The Owner has the right to let other contracts in con- nection with the Work and the Contractor shall properly cooperate with any such other contractors. ARTICLE 14 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for in- fringement of any patent rights and shall save the Owner harmless from loss on account thereof. t%VT1r1IF IrZ ARBITRATION All claims or disputes arising out of this Contract or the breach thereof shall be decided by arbitration in accord- ance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. biotite of the de- mand for abitration shall be filed in writing with the other party to the Contract and with the American Arbi- tration Association and shall be made within a reasonable time after the dispute has arisen. APTIrIP 1A [ [1"t 16.1 All time limits stated in the Contract Documents are of the essence of the Contract. 16.2 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control, or by any cause which the Architect may de- termine justifies the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. R. D714 -Ir 117 rATrV9tN I9 17.1 Payments shall be made as provided in Article 5 of this Agreement. 17.2 Payments may be withheld on account of (1) de- fective Work not remedied, (2) claims filed, (3) failure of the Contractor to make payments properly to Sub - AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT ° SEPTEMBER 1970 EDITION • AIA® 5 ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 contractors or for labor, materials, or equipment, (4) damage to another contractor, or (5) unsatisfactory ,prosecution of the Work by the Contractor. 17.3 Final payment shall not be due until the Con- tractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner indemnifying him against any lien. 37.4 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from (1) unsettled liens, (2) faulty or defective Work ap- pearing after Substantial Completion, (3) failure of the Work to comply with the requirements of the Contract Documents, or (4) terms of any special guarantees re- quired by the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. ARTICLE PROTECTION OF PERSONS AND PROPERA The Contractor shall be responsible for initiating, main- taining, and supervising all safety precautions and pro- grams in connection with the Work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Work and other persons who may be affected thereby, (2) all the Work -and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. He shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. All damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable to faulty Drawings or Specifications or to the acts or omissions of the Owner or Architect or anyone employed by either of them or for whose acts either of them may be liable but which are not attributable to the fault or negligence of the Contractor. ARTICLE 13 CONTRACTOR'S LIABILITY INSURANCE The Contractor shall purchase and maintain such in- surance as will protect him from claims under workmen's compensation acts and other employee benefit acts, from claims for damages because of bodily injury, in- cluding death, and from claims for damages to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified as part of this Contract, or required by law, whichever is the greater, and shall include contractual liability insurance as applicable to the Contractor's obli- gations under Paragraph 11.10. Certificates of such in- surance shall be filed with the Owner. ARTICLE 20 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his op- tion, may maintain such insurance as will protect him against claims which may arise from operations under the Contract. ARTICLE 21 PROPERTY INSURANCE 21.1 unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work and shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. 21.2 Any insured loss is to be -adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any mortgagee clause. 21.3 The Owner shall file a copy of all policies with the Contractor prior to the commencement of the Work. 21.4 The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this paragraph. The Contractor shall require similar waivers by Subcontractors and Sub -subcontractors. ARTICLE 22 CHANGES IN THE WORK 22.1 The Owner without invalidating the Contract may order Changes in the Work consisting of additions, de- letions, or modifications, the Contract Sum and the Contract Time being adjusted accordingly. All such Changes in the Work shall be authorized by written Change Order signed by the Owner or the Architect as his duly authorized agent. 22.2 The Contract Sum and the Contract Time may be changed only by Change Order. 22.3 The cost or credit to the Owner from a Change in the Work shall be determined by mutual, agreement. The Contractor shall correct any Work that fails to con- form to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee re- quired by the Contract Documents. The provisions of this Article 23 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. AIA DOCUMENT A107 • SMALL CONSTRUCTION CONTRACT ' SEPTEMBER 1970 EDITION ' AIA® 0c1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 6 e ARTICLE 24 ARTICLE 25 TERMINATION BY THE CONTRACTOR TERMINATION BY THE OWNER If the Architect fails to issue a Certificate of Payment If the Contractor defaults or neglects to carry out the for a period of thirty days through no fault of the Con- Work in accordance with the Contract Documents or tractor, or if the Owner fails to make payment thereon fails to perform any provision of the Contract, the Owner for a period of thirty days, the Contractor may, upon may, after seven days' written notice to the Contractor seven days' written notice to the Owner and the Archi- and without prejudice to any other remedy he may have, tect, terminate the Contract and recover from the Owner make good such deficiencies and may deduct the cost payment for all Work executed and for any proven loss thereof from the payment then or thereafter due the sustained upon any materials, equipment, tools, and Contractor or, at his option, may terminate the Contract construction equipment and machinery, including rea- and take possession of the site and of all materials, equip- sonable profit and damages. ment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. 7 AIA DOCUMENT A107 ' SMALL CONSTRUCTION CONTRACT • SEPTEMBER 1970 EDITION - AIA® ©1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 This Agreement executed the day and year first written above. OWNER CONTRACTOR City of Cape Girardeau, Missouri. Paramount Painting Company a municipal corporation Mayor Daniel G. Penrod, President ATTEST: 4� City Clerk Gary grey, e®Pres' nt Seco-Treas. Seal.: Seal: A9A DOCUMENT A107 SMALL CONSTRUCTION CONTRACT SEPTEMBER 1970 EDITION AIA® ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N -W., WASHINGTON, D.C. 20006 8