HomeMy Public PortalAboutORD11102 a
BILL NO. 88-82
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. 11102--
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS
EXCAVATING COMPANY, INC. , FOR THE 1988 STORMWATER DRAINAGE PROJECT,
PHASE II.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Don Schnieders Excavating
Company, Inc. , for the 1988 Stormwater Drainage Project, Phase II,
for a sum not to exceed $86,357.57.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved
residi Officer ayor
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
THIS CON'T'RACT , made and entered into this _1� day of
Q , 19 , by and between Don Schnieders Excavating
Company, Inc._ , hereinafter called
"Contractor", and_the City of Jefferson, Missouri , a municipal
corporation, hereinafter called "City".
WITNESSETH: That Whereas, the Contractor has become the lowest
responsible bidder for furnishing the supervision, labor , tools ,
equipment , materials and supplies and for constructing the
following City improvements : 1988 Storm Water Drainage Project,
Phase II.
NOW THEREFORE , the parties to this contract agree to the
following:
1. Manner and time for Completion. The Contractor
agrees with the City to furnish all supervision, labor , tools ,
equipment , materials and supplies necessary to perform, and to
perform, said work at Contractor 's own expense in accordance with
the contract documents and any applicable City ordinances and
state and federal laws, within sixty (60) working days from the
date Contractor is ordered to proceed , which order shall be
issued by -the Director of Public Works within ten ( 10) days
after the date of this contract.
2. Prevailing Wages . All labor utilized in the
construction of the aforementioned improvements shall be paid a
wage of no less than the "prevailing hourly rate of wages" for
work of a similar character in this locality, as established by
Department of Labor and Industrial Relations of the State of
Missouri , and as established by the Federal Employment Standards
of the Department of Labor . Contractor acknowledges that
Contractor knows the prevailing hourly rate of wages for this
project because Contractor has obtained the prevailing hourly
rate of wages from the contents of Special Wage Determination No.
88-026-0125 in which the rate of wages is set forth . The
Contractor further agrees that Contractor will keep an accurate
record showing the names and occupations of all workmen employed
in connection with the work to be performed under the terms of
this contract. The record shall show the actual wages paid to
the workmen in connection with the work to be performed under the
terms of this contract. A copy of the record shall be delivered
to the Director of Public Works each week . In accordance with
Section 290. 250 RSMo, Contractor shall forfeit to the City Ten
Dollars ($10. 00) for each workman employed, for each calendar day
or portion thereof that the workman is paid less than the
stipulated rates for any work done under this contract , by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contractor shall procure and maintain at
its own expense during the life of this contract :
(a) Workmen ' s Compensation Insurance for all of its
employees to be engaged in work under this contract.
(b) Contractor ' s Public Liability- In'surance in an amount
not less than $800, 000 for all claims arisng out of a single
occurrence and $100, 000 for any one person in a single accident
or occurrence, except for those claims governed by the provisions
of the Missouri Workmen 's Compensation Law, Chapter 287, RSMo. ,
and Contractor 's Property Damage Insurance in an amount not less
than $800, 000 for all claims arising out of a single accident or
occurrence and $100, 000 for any one person in a single accident
or occurrence.
(c) Automobile Liability Insurance in an amount not less
than $800, 000 for all claims arising out of a single accident or
occurrence and $100, 000 for any one person in a single accident
or occurrence.
(d) Owner 's Protective Liability Insurance - The Contractor
shall also obtain at its own expense and deliver to the City an
Owner 's Protective Liability Insurance Policy naming the City of
Jefferson as the insured, in an amount not less than $800, 000 for
all claims arising out of a single accident or occurrence and
$100, 000 for any one person in a single accident or occurrence,
except for those claims governed by the provisions of the
Missouri Workmen ' s Compensation Law, Chapter 287 , RSMo. No
Aft policy will be accepted which excludes liability for damage to
underground structures or by reason of blasting , explosion or
collapse.
(e) Subcontracts - In case any or all of this work is
sublet , the Contractor shall require the Subcontractor to procure
and maintain all insurance required in Subparagraphs (a ) , (b) ,
and (c) hereof and in like amounts .
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall provide
adequate protection for the Contractor and its subcontractors,
respectively, against damage claims which may arise from
operations under this contract, whether such operations be by the
insured or by anyone directly or indirectly employed by it, and
also against any special hazards which may be encountered in the
performance of this contract.
NOTE: Paragraph (f) is construed to require the procurement of
Contractor 's protective insurance (or contingent public liability
and contingent property damage policies ) by a general contractor
whose subcontractor has employees working on the project, unless
the general public liability and property damage policy (or rider
attached thereto ) of the general contractor provides adequate
protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor.
4 . Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them , as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein setforth ,
insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this contract
shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
5. Liquidated Damages. The Director of Public Works ma y ,
at his discretion, deduct $100. 00 from any amount otherwise due
under this contract for every day Contractor fails or refuses to
prosecute the work, or any separable part thereof , with such
diligence as will insure the completion by the time above
specified, or any extension thereof , or fails to complete the
work by such time, as long as the City does not terminate the
right of Contractor to proceed . It is further provided that
Contractor shall not be charged with liquidated damages because
of delays in the completion of the work due to unforeseeable
causes beyond Contractor ' s control and without fault or
negligence on Contractor 's part cr the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days prior written
notice to the Contractor, without prejudice to any other rights
or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment for
the benefit of its creditors , or if a receiver should be
appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to
supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any
person supplying labor or materials for the work under the
contract, or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City's Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of , and utilize in completing the work , such
materials, appliances and structures as may be on the work site
and are necessary for completion of the work . The foregoing
provisions are in addition to, and not in limitation of , the
rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
® 8. Guards and Lights. The Contractor agrees to defend,
indemnify , and save the City harmless from and against all
claims, suits and actions of every description, brought against
the City and from all damage and costs by reason or on account of
any injuries or damages received or sustained by any person or
persons, or their property, by Contractor , its servants, agents
or subcontractors, or arising out of the award of this contract
to Contractor.
9. Indemnity. The Contractor agrees to defend, indemnify,
and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from
all damage and costs by reason or on account of any injuries or
damages received or sustained by any person or persons, or their
property, by Contractor, its servants, agents or subcontractors
in the construction of said work , or by any negligence or
carelessness in the performance of the same, or on account of any
act or omission of Contractor , its servants , agents , or
subcontractors, or arising out of the award of this contract to
Contractor.
10. Payment for Labor and Materials. The Contractor agrees
and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed
pursuant to this contract. Contractor shall furnish to the City
a bond to insure the payment of all materials and labor used in
the performance of this contract.
11. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule setforth in the Contract Documents upon acceptance of
said work by the Director of Public Works and in accordance with
the rates and/or amounts stated in the bid of Contractor dated
September 12, , 19 88 , which are by reference made
a part hereof . No partial payment to the Contractor shall
operate as approval or acceptance of work done or materials
furnished hereunder.
12. Contract Documents. The contract documents shall
consist of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph , form the Contract between the parties . These
documents are as fully a part of the contract as if attached
hereto or repeated herein.
' A
13. Nondiscrimination . The Contractor agrees in the
® performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion , handicap , age , or political opinion or affiliation,
against any employee of Contractor or applicant for employment
and shall include a similar provision in all subcontracts let or
awarded hereunder.
14. Notices. All notices required to be in writing may be
given by firs T t class mail addressed to the City of Jefferson, 320
East McCarty, Jefferson City, Missouri 65101, and Contractor at
1409 FAIrgrounds Road, Jefferson City, MO 65109
The date of delivery of any notice shall be the second full day
after the day of its mailing.
15. Jurisdiction . This agreement and every question
arising hereunder shall be interpreted according to the laws and
statutes of the State of Missouri.
16. IN TESTIMONY WHEREOF, the parties have hereunto set
their hands and seals this )p day of a ,
19 p8
CITY OF JEFFERSON, I9ISSOURI
By
M r
ATTEST:
CITY CLERK
CONTRACTOR -
By 4116e,
-If i e:
ATTEST:
A
SECRETARY
PERFOR"ANCE AND ONE YEAR GUARANTEE BOND
® KNOW ALL MEN BE THEE PRESENTS, that we, the undersigned
Don Schnieders Construction Co.
1309 Fairgrounds Rd. , Jefferson City, MO 65101
hereinafter, referred to as "Contractor" and
State Surety Company, a Corporation
organized under the laws of the State of Iowa
and authorized to transact the business in the State of
Missouri as Surety, are held and firmly bound unto the
City of Jefferson hereinafter
referred to as " Owner " in the penal sum of
Eighty Six Seven Hundred Fifty Seven and 57/100---------DOLLARS
($ 86,757.57-------------- ) , lawful money of the United States of
America for the paymant of which sum, well and truly to be made,
we bind ourselves and our heirs , executors , administrators ,
successors, and assigns, jointly and severally by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT;
WH REAS , the above bounded Contractor has on the 'day of
19 , entered into a written contract with
the aforesaid Owner for furnishing all materials, equipment,
tools , superintendence , labor , and other facilities and
accessories , for the construction of certain improvements as
designated, defined and described in the said Contract and the
Conditions thereof, and in accordance with the specifications and
plans therefore; a copy of said Contract being attached hereto
and made a part hereof:
NOW THEREFORE , if the said Contractor shall and will , in all
particulars, well, duly and faithfully observe, perform and abide '
by Each and every covenant , condition , and part of the said
Contact, and the Conditions, Specifications, Plans, Prevailing
Wage Law and other Contract Documents thereto attached or , by
reference, made a part thereof, according to the true intent and
meaning in each case, and if said contractor shall replace all
defective parts, material and workmanship for a period of one
year after acceptance by the Owner, then this obligation shall be
and become null and void; otherwise it shall remain in full force
and affect.
_MJ
PROVIDED FURTHER, that if the said Contractor fails to duly pay
for any labor, materials, sustenances , provisions , provender,
gasoline, lubricating oils , fuel oils, greases, coal repairs,
equipment and tools consumed or used in said work, groceries and
foodstuffs, and all insurance premiums, compensation liability,
and otherwise, or any other supplies or materials used or
consumed by such Contractor or his, their, or its subcontractors
in performance of the work contracted to be done, the Surety will
pay the same in any amount not exceeding the amount of this
Obligation, together with interest as provided by law:
PROVIDED FURTHER, that the said Surety, for value received,
hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the contract, or the work
to be performed thereunder, or the specifications accompanying
the same, shall in any wise affect its obligation on this bond
and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract, or to the
work, or to the specifications:
PROVIDED FURTHER, that if the said Contractor fails to pay the
prevailing hourly rate of wages , as shown in the attached
schedule, to any workman engaged in the construction of the
improvements as designated, defined and described in the said
contract, specifications and conditions thereof, the Surety will
pay the deficiency and any penalty provided for by law which the
contractor incurs by reason of (his/its) act or omission, in any
amount not exceeding the amount of this obligation together with
interest as provided by law:
IN TESTIMONY WHEREOF, the said Contractor has hereunto set his
hand, and the said Surety has caused these presents to be
executed in its name, and its corporate seal to be hereunto
affixed, by it attorney-in-fact duly authorized thereunto so to
do, at Jefferson City, Missouri
on this the 15th day of Septem5er lg
State Surety Company Don Schnieders Construction Company
SURETY COMPANY CONTR CTOR
� '
BY • (SEAL) BY l SEAL)
BY C. Millican (SEAL) BY (SEAL)
Attorney-in-fact (State Representative)
(Accompany this bond with Attorney-in-fact 's authority from the
Surety Company certified to include the date of the bond. )
STATE'SU[tE'TY COMPANY
Des Moines. Iowa
•;` PORKER OF ATTORNEY
,;
'KW'ALL MEN,BY-Tt PRESENTfs,That STATE SURETY COMPANY,a Corporation organized and existing under the laws of the State of Iowa, does make,
constitute and appoint
x J: 'ME'5KET`T C. M ILL[ CAN D.S. SEOREL.
I''No 11*.7E[ SAN..,'' MELISSA : A. WOOKEN
T rats true aril 18061 Atiogiey(s)Jm•Pact,with full power.and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company
;thereto if'a,Seel is reouiredr;bonds;undertaldrigs,'recWlrlces,or other written obligations in the nature thereof,as follows:
:. 'AL`L:� �RhT7Et+t;:INSTRUMENTS •, •. '
and to bind STATE SURET:Y;CDMPANY'thereby,and all of the'acts`o€._said Attomeys•in•Fact, pursuant to these presents, are ratified and confirmed. This appointment
is made urxler by authordy of ttie following provrs,ons of the B of.the company;.which.are now:in full force and effect:
SEttkriv f;,Arbc(e b: Thd Ci)arrman of the Boatd the President, any.Vice President.or any Assistant Vice President the Secretary or ally Assistant Secretary,
br tfne;Treasurer shall have auihori;y.to issue`boruis po#ecies or.uridertakings in the name.of:the._Company; 11Tha ChaiMan of:the Board tw.Oresident or. any,
wco President or:any Assistant Vit a President;in conjunction wtth.the Secretary or any Assistant Secretarymay appoint attomeys in factor agents with authority
F as de ;or limited iii the instrument`ei►idenctng the;appoinfmt nt,in each case, for and on behalf of the Company,,to execute and deln►e� and to affix;the
f ", 1seal,ot,ltleiCom`p�ai Id:Whos,uiiArtakitigs,'recoghkz tnces,and suretyship obligations of.all kinds;and said officers:may remove any such atfomsy tn•ta:t or .
agent and r vpkey8rty power of a-omay granted to such person :,
` '' find lire exerxrhori:of sfl bond9`611;undertakings iii pursuance'of these,presents; shall be as binding upon said Company, as fully and amply; to all intents
and'purposes,aaijtilchaiortd had been dilly exeaited and'acknovl►ledged,by one of the regularly elected officers of the Company in their own proper,person.
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of Atluirisy or ahy cerbftic thereof may be signed and sealed by facsirnlle under and by the authority granted by Section 1 'Article II,Paragraph 3 of
AS By,ta>vs to wrr:>
{' °ldre signatur@g ofi any artttteri?ed officer and the seal of_it>e Company:maybe affBced by.facstmd� to any power of attorney or certt4catien thereof authdridng
':if•f` the executkan and del]vsty.of.any:_boiid; tmdeCtakrn fed;• nrance;.`or othec.suret
g, 09 yshrp obliga4on of the Company and.such signature•and seal when so used
."..,,r'r shalt havott►s sarite•fnrce and effecf as'thtiugh manually afCxed"'
It ns,coriifieH btr the oftir rs sigfupg that the foregoing is a true copy of Sechon;I;,Article it of the By Laws of said for{rpany, duly adopted and recorded, and
is tn'frorFe f, ,, r ;
WfT ESS V FtEiTi t)P,$TATESURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affaed this
t 11 OT y of AUGIDSr
19
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x STATE SURETY:COMPANY
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�.>t�,�ti';Stl'.ATE+Or±IOWA�G�t�NT�E>f�POLK ss ,
y1�SttST personally came before 0, KENNETFi'N NE Ii i
«ti rtr �';: Vib'CaA�lfr ZEL to,'me:.;known to 'be;•the': Individuals and officers ,of 'the :STATE ,'8URETY COMPANY
ryJ :v 3�td 7� .tr ..S..t dr.r, , !
K -' q�• tad.the, ve• _ t ' t;and they each acknotiytedgei ttje•execution„of the same, and being 6y me duly sworn; did severally depose And say:tfiat'thoy;are
� ( cersoti a p: esald 'andthat:the seal fixed:1p the`:agova instrument is the seal of the'corporation, and that said.corporate seal and their ;. r;
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n'prt a�atrctr ore.VUe `dyljr,affixed`and subscribed to the saip instrtrMenY by the authority of the board of directors of s corporation..
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D S
r S DR�1.
Notary Public
`MY ComMIS$ItiM'ptPiRE$
°ILL, :Ja li{' tr++ , My Commission Expires t3 G;~Aill
e undars,pned;;asslStarlt seC{etary:;of the;STATE SURETY COMPANY;,CERTfEY..that ifie: forepoing;.and attached Power of.AttornBy reroa(n5 in:full,the`end,
r� ', ha;nQ3?begn�teYOked;`attd tu�themwre, that:the provisions of the By-Laws of•the company and:th Resolutions of the board of directors set!€orth rn tl e,Power;of i'
�i -Aftoroo iiare Il l t6rc8 .
\';=;_; fit''„ i`ri ; 'z<�L'r' L'Signed and sealed at the'City of Des Moines,thls 15th day of Se tomboy
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