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1 .y' BILL NO. 90-178
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. 11562
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZIN
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J.C. F
INDUSTRIES,INC.,FOR THE 1991 SANITARY SEWER RELOCATION PROJECT. :*
66 L,7 BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, rnI:SSOURI, .:hy
AS FOLLOWS: _<
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t� Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an a�,meement with J.C. Industries, Inc., for the 1991 Sanitary Sewer
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Relocation Project. The amount of the contract shall not exceed $94,709.
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Section 2. The agreement shall be substantially the same in form and content
A .
>� as that agreement attached hereto as Exhibit A. ��1I
Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
.��l� 1991
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P Approved: April 15, ,
' 1991
Passed: Apri115, — n
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Pr s' g Officer
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ATTEST:
' City Clerk
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CONSTRUCTION CONTRACT '
THIS CONTRACT, made and entered into this •I day of yr;
1996, by and between -� +��fCies nc • = 2 '
called "Contractor", a d the City of Jefferson,
hereinafter ?i F,
corporation, hereinafter called "City" .
Missouri, a municipal n ;{I
WITNESSETH: That Whereas the Contractor has become the lowest . =�
responsible bidder for furnishing the supervision, labor, tools, lr > >} .>
equipment, materials and supplies and for constructing the
following City improvements: 1991 SANITARY SEWER RELOCATION
PROJECT.
NOW THEREFORE, the parties to this contract agree to the following:
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1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools, equipment, :t;';ti4iK°F✓ '
t e
materials and supplies necessary to perform, and to perform, saC
work at Contractor' s own expense in accordance with the contra
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documents and any applicable City ordinances and state and federal
laws, within Thirty-five (3 5) 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 Wanes. All labor utilized in the construction
of the aforementioned improvements shall be paid a wage of no less •:A> ;``
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 sp` `x`'
JON established by the Federal Employment Standards of the Department
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r of Labor. Contractor acknowledges that Contractor knows the
- E_,
E prevailing hourly rate of wages for this project because Contractor
has obtained the revailin hourly ate of wages from the contents ``�tnwa;
of Special Wage Determinati y g
on No. 91-026-0055in which the rate of
The Contractor further agrees that Contractor
wages is set forth. g
will keep an accurate record showing the names and occupations of
all workmen employed in connection with the work to be performed
:i 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 •!ak
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: =t`
(a) Workmen 's Compensation Insurance for all of its employees
to be engaged in work under this contract. s'
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(b) Contractor's Public Liability insurance in an amount not . rf
less than $1, 000, 000 for all claims arising out of a single `'_
occurrence and $100, 000 for any one person in a single accident or °yY '
occurrence, except for those claims governed by the provisions of
the Missouri Workmen's Compensation Law, Chapter 287 i RSMo. i and
Contractor's Property Damage Insurance in an amount not less thanxri,
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$1, 000 000 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 e `;�irti
$1,000, 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. Wit`
(d) Owner's Protective Liability Insurance - The Contractor ! 1,y4
shall also obtain at its own expense and deliver to the City an
Owner's Protective Liability Insurance Policy naming the City of I
Jefferson as the insured, in an amount not less than $1,000, 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 policy will be
accepted which. excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse. sf }a, °>,
} (e) Subcontracts - In case any or all of this work is sublet,
qA the Contractor shall require the Subcontractor to procure and ;s'' ^"
maintain all insurance required in Subparagraphs a b and c �; f >
r` hereof and in like amounts. tx :,
(f) Scope of Insurance and Special Hazard, The insurance s .
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 4,
by anyone- directly or indirectly employed by it, and also against
any special hazards which may be encountered in the performance of •. ' °t
this contract.
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t .>>' 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.
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4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to the ° � '''
. j\J City for the acts and omissions of its subcontractors and of `•"'``' 4•
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persons either directly or indirectly employed by them,directl a s
Contractor is for the acts and omissions of persons it y '4~'
employs. Contractor shall cause appropriate provisions to be
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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 •:rl;,;��r:z,aty.
his discretion, deduct
$1, 000. 00 from any amount otherwise due
under this contract for every day Contractor fails or refuses to
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prosecute the work, or any separable
part thereof, with such '
diligence as will insure the completion by the time above F' `I
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 or the part of its agents. ✓F :;ta,
ate:•M,p;r'i'`i,:;,
6. Termination. The City reserves the right to terminate
this contract by giving at least five 5 days
( ) prior written notice , NS;`�::�',•
to the Contractor, without prejudice to any other rights or `�#y
� f a�>rn. ,s •..
remedies of the City should the Contractor be adjudged a bankrupt,
or if Contractor should make a general assignment for the beneit
of its creditors, or if a receiver should be appointed for r�'�''�°�i`•{��`�
Contractor or for any of its property, `
p y, or if Contractor should
persistently or repeatedly refuse or fail to supply enough properly
skilled workmen or proper material, or if Contractor should .
or fail to make prompt refuse
A " p payment to any person supplying labor or
materials for the work under the contract, or persistently z F r•L }`�
disregard instructions of the City or fail to observe or perform ,'•n� r'°;_
dj any provisions of the contract. ;
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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 '� '`
An otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount f this contract thereby
o tr t,s
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.
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8. • ,Lndemnity. 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
i damage and costs by reason or on account of any injuries or damages
received or sustained by any person or persons, or their property,
14 '
by Contractor, its servants, agents or subcontractors in the
construction of said work, or by any negligence or carelessness in r<
the performance of the same, or on account of any act or omission
of Contractor, its servants, agents, or subcontractors, or arising a
out of the award of this contract to Contractor. 2'
The Contractor agrees `.,`
9.
Payment four Labor and Materials ,; r,
;I 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 ix {
rri performance of this contract.
10. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule set forth in the Contract Documents upon acceptance of
said work by the Director of Public Works and in accordance with ' Y=r7an"4 '
the rates and/or amounts stated in the bid of Contractor dated
march �5, I�igl 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. The
total amount of this contract shall not exceed Q 7C�q.pot r ?.
f'tn� -POVr-Thousa&eL So-o-er— -UundrNd nine anoP r�o
11. contract Documents. The contract documents shall consist
of the following:
a •r'r
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a. This Contract
f. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawings and/or sketches
e. Signed Copy of Bid
i 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. r
12. Nondiscrimination. The Contractor agrees in the H
Performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or
ancestr y, sex,religion, handica p, age, or political opinion
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or affiliation,
against any employee of Contractor or applicant for employment and
shall include a similar provision in all subcontracts let or
awarded hereunder.
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" 13 . Notices. All notices required to be in writing may be
given by first class mail addressed to �he City of Jefferson, 320
- �
East McCarty, Jef arson City, Missouri 65101, and Contractor at
- O���o� �sor� C M'0 The date of delivery
_�_w._Y. Ca O
of any notice shall be the second full day after the day of its
` mailing.
14. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
15. IN TESTIMONY WHEREOF, the parties have hereunt set their
n hands and seals this , 9 day of
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�, CITY OF JEFFERSON, MISSOURI
1 or
+ ATTEST:
e �• �A
City Clerk
CONT
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Title:
Tony Adrian Vice Presider
ATTEST:
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