Loading...
HomeMy WebLinkAbout2007-026 - Service Agreement with Dayco Painting ORDINANCE N0.2007-26 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO A SERVICE AGREEMENT WITH, AND PAY CERTAIN FUNDS TO, DAYCO PAINTING INC. WHEREAS, DAYCO PAINTING INC. ("Service Provider") is providing services for pool maintenance ("Services"), to the City; and WHEREAS, Service Provider desires to provide such Services and requires funding to provide services to the City for the City's Park facilities; and WHEREAS, the City finds that the provisions of the Services is a public purpose and the City has the capability and desire to retain Service Provider for the provisions of such Services to the City. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of Riverside, Missouri, as follows: Section 1. The City finds that the provisions of the Services contributes to the welfare of the City, that the Services are important to the welfare of the City and that the provisions of the funds to assist in the providing such Services are for a public purpose. Section 2. The City of Riverside shall pay to the Service Provider for the provisions of the Services to the City, pursuant to Exhibit A, which is hereby approved, in an amount not to exceed Fourteen Thousand Two Hundred Eighty Five Dollars and No Cents ($14,285.00). Section 3. The Mayor, City Administrator and City Clerk are authorized and directed to execute the Service Agreement with such changes as such officer shall approve, execution of such document being conclusive proof of such approval. The Mayor, City Administrator and City Clerk are each authorized and directed to perform all the acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance Section 4. This Ordinance shall take effect immediately. Passed this 20'~ day of March, 2007. a r Kathleen L. Rose .-~ ATTEST: .~' ~ C erk ,: BILL N0.2007-26 B R CONTRACT N0.2007-26 AGREEMENT BETWEEN CTTY OF RIVERSIDE AND CONTRACTOR THIS AGREEMENT is made and entered into this 3rd day of April 2007, ~ by and between the City of Riverside, Missouri, ("City") and DAYCO PAINTING, INC.("Contractor"). City and Contractor agree as follows: 1. Contractor shall provide and pay for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) to this Agreement (the "Work") in compliance with all provisions of this Agreement. 2. Contractor shall complete all the Work not later than July 2, 2007. 3. Provided Contractor performs all the Work in accordance with this Agreement and complies with all obligations of Contractor under this Agreement, City shall pay Contractor Fourteen Thousand Two Hundred Eighty-Five Dollars and No Cents ($14,285.00). This amount includes all taxes, costs, permit fees, profit, overhead, expenses, and compensation of every kind related to the Work. Payment shall be made upon completion of all the Work. 4. Contractor shall comply with all federal, state, local, and other governmental laws, ordinances, rules, regulations, orders, and the like applicable to the Work. Contractor shall secure all permits from public and private sources necessary for performance of the Work. 5. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent injury, damage, or loss to (a) employees and other persons at the site of the Work or who maybe affected by the Work, (b) material and equipment stored at on-site or off-site locations for use in performance of the Work, and (c) other property at the site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of performance of the Work. Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from injury, damage, or loss. 6. Contractor shall comply with applicable prevailing wage laws. The applicable prevailing wage rates are attached to this Agreement as Exhibit B. Each month, Contractor shall submit to City (a) a signed statement, in form acceptable to City, showing, for each weekly payroll month, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the month. Y i i 7. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehiculaz and pedestrian, azound the site of the Work and all adjacent azeas. Contractor shall at all times during performance of the Work keep the site of the Work and all adjacent areas clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the azea and remove all rubbish and its equipment, tools, machinery, waste, and surplus material. Contractor shall make provisions to minimize and confine dust and debris resulting from performance of the Work. 8. Only material and equipment that aze to be used directly in the Work shall be brought to and stored at the site of the Work. After equipment is no longer required for the Work, it shall be promptly removed from the site of the Work. Protection of material and equipment from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. 9. A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less that the following limits: (1) Each occurrence ............................ $1,000,000.00 (2) General aggregate ........................... $2,000,000.00 (3) Products/completed operations aggregate $2,000,000.00 (4) The following coverage shall be included: • Blanket contractual liability • Products/completed operations PersonaUadvertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any azchitects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The 2 a coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -This insurance shall protect the Contractor against all claims under applicable state workers' compensation laws. The Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: (1) Workers' Compensation Statutory (2) Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk / Installation Floater "All Risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or material. This insurance shall, without limitation, insure portions of the Work stored on or off the site of the Work or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph B, except such rights as they may have to the proceeds of the insurance. C. All insurance shall be written by an insurer or insurers acceptable to City. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under this Agreement. Each policy providing general liability or automobile liability coverage shall, in form satisfactory to City, (a) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (b) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and expressly providing no less than seven days prior written notice to City in the event of cancellation, expiration, nonrenewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or 3 Y i limits evidenced by the certificate. The certificate or certificates shall be delivered to City not less than 24 hours before Contractor performs any of the Work. 10. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property, but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regazdless of whether such claim, damage, loss, or expense is caused in party by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this pazagraph 10. In claims against any person or entity indemnified under this paragraph 10 by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation under this pazagraph 10 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefits acts, or other employee benefit acts. 11. If any defects in the Work aze discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. 12. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under this Agreement, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. CITY OF RIVERSID D . BLACKB Y ADMINISTRATOR 4 4 ~. ., DAYCO PAINTING, INC. By; ~~~ Ana ~ (Signature) Printed Name: ~ \~/ ~ ~ ~'J '~ ~ S Title: y CONTRACT N0.2007-26 EXHIBIT A -SCOPE OF WORK Contractor shall perform the following Work: Brush Blast Pool Patch Corners of Pool Apply two (2) coats of Tnemec's epoxy Mark Lanes and Targets Reapply the Red Stripes Brush Blast the area where the is removed for removal of any foreign matter Skin with ICI's Devfil #145 Paint two (2) coats of epoxy the same color as the pool r-~