HomeMy Public PortalAboutORD10018 BILL NO. g Sg
SPONSORED BY COUNCILMAN
ORDINANCE NO. zoo /
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MISSOURI
PETROLEUM PRODUCTS COMPANY FOR THE STREET MAINTENANCE SLURRY
SEAL PROJECT.
BE IT ORDAINED BY THE CITY 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 Missouri Petroleum Products
Company for the Street Maintenance Slurry Seal Project for the sum of
$12,696.10.
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 aate of its passage and approval.
Passed Approved 'So/z 3
Pr siding Offic r ayor
ATTEST:
Zkp City Clerk
ODMI13ACr FOR PUBLIC WORK
This Contract is made and entered into this ;Ly4day of C A.A_,, ,
19 by said between the City of Jefferson, hfissot.ui, (City), Auld
Missouri Petroleum Products Company, St. Louis, Missouri (Contractor).
WHEREAS, the City Council of the City of Jefferson, Missouri did on the '
A day of 19 award to the Contractor
the bid of the improvemen of Street Maintenance Slurry Seal Project
NOW, TfUM- RE, for and in consideration of the awarding of this contract
and the work thereunder by City to the Contractor, the Contractor does hereby
contract and agree to do and perform said work, above specified and referred to,
for the following prices and to accept in payment therefore:
1. Monies from the treasury of the City, upon acceptance of said work by
the City Council of the City.
The approximate quantities, unit prices, and total amounts.are as shown in'
the itemized proposal attached hereto as Exhibit "A". Upon corrpletion of the
work, readjustments in the contract price shall be made according to actual
measurements and at the price per unit specified in the contract.
It is agreed and understood by the parties hereto, that this contract is
entered into subject to all existing ordinances of the City pertaining; to the
work awarded and subject to the plans and specifications and estimates of the
costs for work on file in the office of the City Clerk, and which shall be
considered a part of this contract; that all questions arising as to the proper
performance of this contract of such work in accordance with the plans and
specifications therefore, and estimates thereof,-/ shall be decided by the
Director of Public storks of the City of Jefferson, Missouri, or by such com-
petent person appointed by the Mayor and the City Council of the City of Jefferson
to supervise and superintend said work in the }dace of and instead of such
Director of Public Storks; that in the case of improper construction, the City
reserves the right at any time to suspend, relet or order an entire reconstruc-
tion of the work; that Contractor agrees to cormnce work on or before a date to
be specified in a Written "Notice to Proceed" and to fully complete the project
,by September 15, 1983. The City reserves
the right at any time to suspend, re-let or order an entire reconstruction of the
work awarded and to declare the contract forfeited, but such suspenti.on, re-
letting or reconstruction or forfeiture shall not affc(-.t the right of the City
to recover all dwroges and penalties accruing or due it by reason of the
Contractor's non-con4)liance with this contract. Liquidated damages of $100.00
per day will be assessed against the Contractor for each (hay the work remains
incomplete following the completion date or extension thereof.
The Contractor agrees to pay all classes and crafts of labor used in the
performance of this contract the prevailing hourly rate of wages as determined
by the Department of Wbor and Industrial Relations and Contractor acknowledges
that he knows the prevailing hour rate of wages for all the classes and crafts
of labor to be used in the performance of this contract because he has obtained
the prevailing hourly rate of wages from the contents of Special Wage Determina-.
in which the rate of• tion No. 1.-(;'�/��L, wages are set forth.
The Contractor further agrees that he will keep an accurate record showing
the names and occupation of all workmen employed by them in connection with the
work to be performed under the terms of this contract, record shall show the
actual wages paid to said workmen in connection with the work to be performed
under the terms of this contract. Contractor further agrees that the aforemen-
tioned accurate record shall be available and open at all reasonable hours
for the inspection by the Director of Public Works or any other suthorized
employee of the City. In compliance with the Prevailing Wage Lam as amended
in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969,
effective -October 13, 1969, not less that the prevailing hourly rate of wages
in the Jefferson City area shall be paid to all workmen performing work under
'this contract, Section 290.250. The Contractor- shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day, or portion
.thereof, such workman is paid less that the stipulated rates for any work done
under said contract, by him or any subcontractor under Min, Section 290.250.
Contractor agrees to completely indermiify and hold harmless the City for
any and all damages, injuries, actions, costs, attorney's fees and all other
expenses whatsoever, arising our of the performance of said work whether the
property or persons dwiltiged are the servants and employees of the Contractor
or third parties, in no nusiner connected with said work. All interlineations,
corrections, deletions and changes herein have been prior to the execution of
this contract.
Contractor shall procure and maintain during the life of this contract:
a. ll'orimtiui's Co►npmsation Insurance for all of its employees to be
engaged in work under this contract.
b. Contractor's Public Liability Insurance in •the amount not less ,
than $800,000 for all claims arising our of a single occurence
and $100,000 for any one person in a single accident or occur-
rence, except for those claims governed , by the provisions of the
Missouri lVorlanan Is Compensation Law, Chapter 287, RS4o. , and
Contractor's Property Damage Insurance in an wi-ount not less
than $800,000 for all claims arising out a single 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 al.l •claims arising out of a single 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 our of a . single occurrence and $100,000
for any one person in a single accident or occurrence.' No policy
will be accepted which excludes liability for dnunage to under-
ground structures or by reason of blasting, explosion or
collapse
e. The Certifications of Insurance furbished to the City showing
proof of compliance with these insurance requirements shall
contain a provision that coverage under such policies shall not
be cancelled or materially changes until at least (15) fifteen
days prior written notice has been given to the City.
IN l'VHITNI,SS l9HERBO., , the parties have hereunto set their hands
and seals this � day 'of 198
CI OF MISSOURI
By C 1}-'^--
May6r
MISSOURI PETROLEUM PRODUCTS CO.
City 61erk 1620 WOODSON ROAD
® BY.
A -S :
"All
/*
J
/ G
POR 111PI CTYY CIP,
I I I IMI 1.114111, '1 ON L
X17
12
00
1.1) BY !05:a I-Ic 71, e-..
Pa'oi.".;dull t
'llie City of Jefferson the rilylit to or ot-inrease the
wAt qunjitity or to w1d widitional projoct at the cjlJot.C-A ilDit ))rj(,'e.
Cr6oroal --M. I A III 11101KOT4.
N AM AND AUh171 tiC 111 A(',I Ni r
COMPANIES AFFORDING COVERAGES
Lockton' Insurance Agency
P. 0. Box 8418 United States Fidelity & Guaranty
Prairie Village, Kansas 66208
U Twin City Fire & Marine
I I I f i
NAME AND ADDIO I,, Cr IN',0101)
Missouri Petroleum Products Company
1620 Wood son Road --
St. Louis, Missouri 63114
COMPANY
IIITFR
This is to certify that policies of insurance listed below have been issued to the insured named above and arc In force at this time. Notwithstanding any requirement,term or condition
of any contract or other document with respect lu which Uus cerllficdte may be Issued ur mdy pertain,the ulsurdnu•,IffUIdVd by the ppiiue5 described herein is subject to all life
terms,exclusions and conditions of such policies.
Limits of Liability in Thousands( 0)
COMPANY TYPL OF INSURANCE POL 11 r NUM Fit 17
LETTEf7 F*PIRR[IUN 11A11 OCCURRENCE AGGREGATE
GENERAL LIABILITY-- ---------------------- - -------------- ---- --
A 1CC 915484 4-1-84 BODILY INJURY 5 500 5 500
COMPREHENSIVE FORM 100 100
PREMISES-OPE PA71ONS PROPERTY DAMAGE 5 E
FX
EXPLOSION AN[) COI LAPS!,
r HAZARD
L.J UNDERGROUND HAZARD
PRODUCTS COMPLFTED
OPERATIONS HAZARD BODILY INJURY AND
CONTRACTUAL INSURANCE PROPERTY DAMAGE f $
BROAD FORM PROPERTY COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
® PERSONAL INJURY
PL RSUtJAI. INJURY 5
AUTOMOBILE LIABILITY J ROD10 INJURY
A ux BAP 150966 4-1-84 IF:ACHPERSON)
�X1COrdPNFHENSIVf IUItM BODILY INJURY f
LJ OwNFD (EACH ACCIDENT)
11117E CI
PRUPI RTY DAMAGE f
_
BOOR Y INJURY AND 0
® NON ON14I.1) PROPERTY DAMAGE f
__—.._—____—..�..__.....____._..____._...__.._...__---�
r:Oh1HINE CI
EXCESS LIABILITY
B IIMBI7Cl l.A IORM TXU 102103 4-1-84 BODILY INJURY AND f 10,000 5 10,00
PROPFR7Y DAMAGE
01 HI R I HAN LIMHUH I A
COMBINED
I ORM
WORK ERS'COMPENSATION — STA(UIORY
and
A EMPLOYERS'LIABILITY 36-01591-83-9 4-1-84 $ 100
OTHER
A Owners' Protectiv
Liability 3CCO38023612 4-1-84 Limit same as Gen. Liability
DFSCRII'TION Of OPFI 7AIIONSitOCAT1(')NS,VLIIICIIl4
Street Maintenance Project 011 Slurry Seal Various Streets
(Job 316)
Cancellatlom `..ihOuld ,illy of the .Ibove de"'(.1It)od policies bo cancelled before the expiration date thereof, the issuing com-
p,my will end(!,JVnr to m.111 __1f) (t.lyti wrltton notice to the below named certificate holder, but failure to
niall "itch notice shI)ll Inlpo,,v no ohlll,alion or b,)blhty of any kind upon the company.
NAMI ANO Al 11181',1L ul(I HI 1111 All I lul UI II
City of Jefferson City DATE ssucD _ A' st 9 198
320 E. McCarty Street
Jefferson City, MO 65101
Attll i Robert M. Bates
Ault rtlzED RESt:NTA r
Director of Public Works.
Duplicate of A.I.A. Form A31i Feb. 1970 Edition
• r f
6 YAW
Am MUMM
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Missouri Petroleum Products Company
(Here insert lull name and address or legal title of Contractor) I
as Principal,hereinafter called Contractor,and The American Insurance Company
(Here insert full name and address or legal title of Surety)
The City of Je erson City, Mist3ouriurety, hereinafter called Surety, are held and firmly bound unto
(Here insert lull name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
Twelve Thousand Six Hundred Ninety Six and 10/100-------------- Dollars ($ 12,696.10
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a contract with Owner for Street maintenance Project #1
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's
obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determincrtion by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon-
sible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price,"
as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments
thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of Owner.
Signed and sealed this �'L""� day of ,A/a t o s 7`" A.D. 19 3
Missouri Petroleum Products Company
(Principal) (Seal)
(Witness) ��_
— --
(Title) �P�
The_ American Insurance Company
(Surety) (Seal)
(Witness)
1B ,
360532-6-70
William E. Knoblauch Attorney-in-►'act
M Y • ••
LABOR & MATFMAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL. PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
That—Missouri Petroleum Produc.ts__.Company_---_
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and--The-.American Insurance .Company. - - _.
(Here insert full name and address or legal title. of Surely)
as Surety, hereinafter called Surety, are held and firmly bound unto
e—City of
(Here insert full name and address or Icyal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow dle!;tled, in the amou. of
Twelve Thousand Six Hunc�it` d..- Tiny_� x�nd_�.4L_LO.O_°-------------°._Dollars ($12,696.._19. _—._),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated_—_._—._
entered into a contract with Owner for-__ Street atairLt_enanr-e--rgiect #1
in accordance with drawings and specifications prepared by--_.
(Here insert full name and address or legal title of Architect)
which contract'is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATIO14 is such that, if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obli-
gation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
Aim 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material,
Rror both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that
part of water, gas, power, light, heut, cil, gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,
who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's
work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such
claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follow-
ing: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the
work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in
which legal process may be served in the stale in which the aforesaid project is located, save that such service need not be mane by a
public officer.
b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a slate court of competent jurisdiction in and for the county or other political subdivision of the state in which the
Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, ci any part the:eof, is
situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good fai'h hereunder, in-
clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvehienl, whether or not claim
for the amount of such lien be presented under and against this bond.
Signed and sealed this_ day of d 7` — _.-A.D. 19 R�
Missouri Petroleum Products Company
(Principal) (Seal)
(Witness) --� 1Co/
(Title) 1�
The American Insurance Company
(�ur ) (Seal)
JdCL (Witness) /a"'
360533-4.78 `William E. Knoblauch Attorney-in-Fact
�.,ury.�y.�!4«t'42:fan�{'."d4mM.•\^..:..d•NM!I:?it•W.�w .u�w y.JMr^yY".vM ir,. ..+...,,...n-r;:. ,.,Y.• ww+ .--+e.+.._..w.-v..... .. ........ m. .ay.r+.rt t �v-earv......,r<.....- .,.w.«... .n.+ •u.•u.,.+...-....4,a-....v.-...,....«ew.x.«...s+m.'e.rv`IUw`.PW'.•
State of Missouri `
County of St LOUIS
i
On before me, a Notary Public in and for said County and State, residing
1 therein, duly commissioned and sworn, personally appeared
William E. Knoblauch
known to me to be Attorney-in-Fact of The American Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument In behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, f have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
RONALD D. KWENTUS
NOTARY PUBLIC — STATE OF MISSOURI
My Commission Expires ST. LOUIS rntiNTY
MY COMMISSION EXPIRES NOV. 6, 1983 Notary Pu lic
360212--6-66
i. #��a�k+aiY4ilAM'LYF;�u�dJY:+::rm'�::ua:JAb..anti..w.awwW.:,.:s�....y.a.,._...rt:.r,+:..,.-...,�f........._...w,.M..�,..4....,....x«.......s....,......,.....,.>...�rw..._.....-...._........�..._........«..... �._.e...._...,-.-....—._....�..................--..a....ew
GENERAL - . - •
POWER OF
A Y THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the
laws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California, has made, cunmituicd and
appointed,and does by these presents make,constitute and appoint
Aft -----WILLIAM E. KNOBLAUCH-----
its true and lawful Atiorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal.acknowledge and
deliver any and all bonds, undertakings,recognizances or other written obligations in the nature thereof----------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the
Corporation and duly attested by its Secretary.hereby ratifying and confirming all that the said Atiorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article V111.Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
"Article VIII,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30,Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE
AMERICAN INSURANCE COMPANY at a meeting duly called and held on the ?Sth day of September. 1966, and said Resolution has not been
amended or repealed:
"RESOLVED.that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney.on any revocation of any power of attorney.or on any certificate relating thereto. h\
facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation."
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
and its corporate seal to be hereunto affixed this 6th day of J U 1 Y 19 81 .
THE AMERICAN INSURANCE COMPANY
�area t
W _
�MCt Cad By \'cr•Prr�iJem
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO ss.
On this 6th day of July . 19 81 before me personally came Richard Williams
to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cur•
poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument
is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
uuw1/lusuuwe11u1wllnonenunans111uuuH
OFFICIAL SEAL
SUSIE K. GILBERT
NOTARY MLIC-CALIFORNIA
QTY Ri COUNTY OF SAN FRANCISCO
My Commission Fxpires Nov.17, 1984 CERTIFICATE
III/IOpItI1111tON110a1 1//H1466010NIIEMRI�IIIaIl01i
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO SS.
1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO 11NRf:R1 ('I'R-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that At tide VIII, tie;-
tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the hoard of Directors,set forth in the Power of Attorney,are now in force.
Signed and sealed at the City and County of San Francisco.Dated the I day of _
s±`.•�:�,,,.ti C Jam'
'i..........''•f Resident Assistant Seeroars _ �~
980711-TA-8-81