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HomeMy WebLinkAboutCityMgrForm.848.11-07-1973CITY MANAGER FORM ORDINANCE NO'. -&�' AN ORDILNINNCE APPROVING THE FORM OF AN AGREEMENT. BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND PYRAMID ROOFING COMPANY, INC. FOR ROOFING AND FLASHING FOR THE A.RENIL BUILDING RENOVATION, WITH AUTHORITY FOR THE M2kYOR TO EXECUTE, AND.AUTHORIZINGTHE PAYMENT OF A SUM OF MONEY FOR SAID WORK ................ ...... ....... .. ..... .... WHEEREAS,the City of Cape Gira-rdeau,.Missouri,.proposes to renovate and improve'theArena Building and hasneedof certain services and materials for said renovation; and, WHEREAS, Pyramid Roofing Company, Inc. degires* to provide roofing and flashing, as -shown on plans and specifications for said renovation; and, 117HEREA-S, the* City of Ca -pe Girardeau and Pyramid Roofing Company,,Inc. desire to enter into. an: Agreement for the providing of said services and materials; NOW, THEREFORE., BE .IT .ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION _l. That the "Standard Form of Agreement Between Owner and Contractor", attached hereto and made a part -hereof marked "Exhibit A", between the City of Cape Girardeau, Missouri, and Pyramid Roofing Company, Inc., 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 Girardeau, Missouri. SECTION .3.' Payment of the suir, of Sixty. Thousand Three Hundred -Il-v,7enty-Five'Dollars ($.60,325.00). is hereby authorized to be made by the City of Cape Girardeau, Missouri, Lo. Pyramid Roofing Company,.Inc. for said work'in accordance with the provisions of the said Acrreement, attached hereto marked "Exhibit A". SECTIONA. This ordinance shall be in full force and effect from and after ten days after its passage 'and , after approval PASSED AND APPROVED THIS DAY OF 7L,,��� 1973. MAYOR ATTEIT: C IT Y CIIERK AIA Document A107 Standard Form of Agreement Between Owner and Contractor Short Form Agreement for Small Construction Contracts Where the Basis of Payment is a .STIPULATE® SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS CO IPLETION OR MODIFICATION For other contracts the AIA issues Standard Forms of Owner -Contractor Agreements and Standard General Conditions of the Contract for Construction for use in connection therewith. s AGREEMENT made this Seventeenth day of October in the year Nineteen Hundred and Seventy Three BETWEEN `fie City oa Cape Girardeau. INUssoura the Owner, and a municipal corporation Pyramid. Roofing Company, Inc. the Contractor. 1.14 Bran -am Street Sikeston, Missouri 63801. The Owner and Contractor agree as set forth below. AIA DOCILIMENT A107 • SMALL CONSTRUCTION CONTRACT • SEPTEMBER 1970 EDITION • AIA® ©1970 ° THE AMERICAN INSTITUTE Of. ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D,C. 20006 1 EXHIBIT " 0. r ARTICLE 1 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) All roofing and flashing as shoim on plans and specifications as prepared by Thomas C. Holshouser., Architect, and as amended herein® ARTICLE 2 ARCHITECT The Architect for this Project is Thomas C. cwshouser, 2319 Bloc field Road, Cape G-$ rardeau9 YLO 53701 ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced October 18S 19,113 and completed As soon as ossibld 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.) Sixth Thousand, Three Hundred and Twenty Five Dollars (W,325-00), 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 2 ARTICLE 5 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 Ist) day of each month ninety (90) percent of the proportion of the contract sum properly allocable to labor, materials and equipment incorporated in the work and ninety (90) percent 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 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 sty sufficient to increase the total payments to one hundred (100) percent of the contrast sum, less such retairages as the Architect shall d : termirk for all in-complete plete or k and unsettled claims. ARTICLE 6 FINAL PAYMENT The Owner shall make final payment FMjdays after completion of the Work, provided ` o m the Contract be then fully performed, subjfclxv ns 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 (Generai, Supplementary, and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable.) Specifications Titled: :gena Building Renovation and Ar Conditioning For City of Cape Girardeau, a sso ri Project No. 7303, dated August 1, X 973 Plans (Titled as above)' Sheets 1 thru 3, dated d August 1, 1973 Addend: Nd® 1, dated August 27, 1973 No. 2, deiced August 299 1973 No. 3 a dated Sep,e loe.r 24, =973 A9A DOCUMENT A107 SMALL CONSTRUCTION CONTRACT SEPTEMBER 1970 EDITION AIA® ©1970 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 3 GENERAL CONDITIONS ARTIrl T R 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 anal 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. APTIri t: Q 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 ail 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 U VIVM. 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 acilities10.3 The Owner shall issue all instructions to the Con- tractor through the Architect. A UTICI K: 1-9 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 ments or in the Instructions to Bidders, the Contractor, and Specifications are at variance therewith. as soon as practicable after the award of the Contract, 11.7 The Contractor shall . be responsible for the acts shall furnish to the Architect in writing a list of the names of Subcontractors proposed for the principal por- and omissions of all his employees and all Subcon- tractors, their agents and employees and all other persons tions of the Work. The Contractor shall not employ any performing any of the Work under a contract with the Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall not Contractor. be required to employ any Subcontractor to whom he 11.8 The Contractor shall review, stamp with his ap- has a reasonable objection. Contracts between the proval and submit all samples and shop drawings as Contractor and the Subcontractor shall be in accordance directed for approval of the Architect for conformance with the terms of this Agreement and shall include the with the design concept and with the information given General Conditions of this Agreement insofar as appli- in the Contract Documents. The Work shall be in ac- cable. cordance with approved samples and shop drawings. 11.9 The Contractor at all tinges shall keep the premises ARTICLE 13 free from accumulation of waste materials or rubbish SEPARATE CONTRACTS caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from The Owner has the right to let other contracts in con - and about the Project as well as his tools, construction nection with the Work and the Contractor shall properly equipment, machinery and surplus materials, and shall cooperate with any such other contractors. clean all glass surfaces and shall leave the Work "broom clean" or its equivalent, except as otherwise specified_ ARTICLE 14 11.10 The Contractor shall indemnify and hold harmless ROYALTIES AND PATENTS the Owner and the Architect and their agents and ern- The Contractor shall pay all royalties and license fees. ployees from and against all claims, damages, losses and The Contractor shall defend all suits or claims for in - expenses including attorneys' fees arising out of or result- fringement of any patent rights and shall save the ing from the performance of the Work, provided that Owner harmless from loss on account thereof. any such claim, damage, loss or expense (1) is attribut- able to bodily injury, sickness, disease or death, or to ARTICLE 15 injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there- ARBITRATION from, and (2) is caused in whole or in part by any All claims or disputes arising out of this Contract or the negligent act or omission of the Contractor, any Sub- breach thereof shall be decided by arbitration in accord - contractor, anyone directly or indirectly employed by any ante with the Construction Industry Arbitration Rules of of there or anyone for whose acts any of them may be the American Arbitration Association then obtaining unless liable, regardless of whether or not it is caused in part the parties mutually agree otherwise. Notice of the de - by a party indemnified hereunder. In any and all claims mand for abitration shall be filed in writing with the against the Owner or the Architect or any of their agents other party to the Contract and with the American Arbi- or employees by any employee of the Contractor, any tration Association and shall be made within a reasonable Subcontractor, anyone directly or indirectly employed by time after the dispute has arisen. 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 TIME or benefits payable by or for the Contractor or any Sub- 16.1 All time limits stated in the Contract Documents contractor under workmen's compensation acts, dis- ability benefit acts or other employee benefit acts. The are of the essence of the Contract. obligations of the Contractor under this Paragraph 11.10 16.2 If the Contractor is delayed at any time in the shall not extend to the liability of the Architect, his progress of the Work by changes ordered in the Work, agents or employees arising out of (1) the preparation by labor disputes, fire, unusual delay in transportation, or approval of maps, drawings, opinions, reports, sur- unavoidable casualties, causes beyond the Contractor's veys, Change Orders, designs or specifications, or (2) the control, or by any cause which the Architect may de - giving of or the failure to give directions or instructions termine justifies the delay, then the Contract Time shall by the Architect, his agents or employees provided such, be extended by Change Order for such reasonable time giving or failure to give is the primary cause of the as the Architect may determine. injury or damage. ADYff-Ir 17 ARTICLE 12 PAYMENTS SUBCONTRACTS 17.1 Payments shall be made as provided in Article 5 12.1 A Subcontractor is a person who has a direct of this Agreement. contract with the Contractor to perform any of the Work 17.2 Payments may be withheld on account of (1) Be- at the site. fective Work not remedied, (2) claims filed, (3) failure 12.2. Unless otherwise specified in the Contract Docu- 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 The following is a list of accepted alternates: i lat451V 1. Remove all (area. roofs to the deck or solid construction. 2, epgace with Johns- Ranville Specification NO.. 601V roofing with 20 year bond a Daild cr - eket s and/or slope roof deck to provide positive drainage tc prevent ponding of water. This is in lieu of all -Weather Crete as specified. 4. Provide reglets and flashing as specified. 5. Remove s3kyli ghts and close openings as specified. 60 Provide .015 inch dead soft stainless steel roofing over existing roofing on barrel. roof. KetU z l roofing shall tae a one (1) inch standing seam type in tailed as per Sk- C (Sheet Metal. and Air Conditioning Gontractcrs National Association) Manual... 7. Caulking at regl-;i is as specified. . Repair Voids in walls at refilets. This Agreement executed the day and year first written above. OWNER CONTRACTOR City- of Cape Girardeau, Missouri Pyrzy4d.,Roofing Company, Inca Kayor Lucien M. Stoner, President ATTEST City Clerk Ll.cy " F. Stoner, Secretary Seal: Seal AIA DOCUMENT A107 ° SMALL CONSTRUCTION CONTRACT • SEPTEMBER 1970 EDITION • AIA® ©1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., VVASHINGTON, D.C. 20006 8