HomeMy Public PortalAboutORD10443 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CITY CLERK TO E A CONTRACT WITH J. C. INDUSTRIES FOR THE 1985 SANI-
TARY SEWER PROJECTS, PHASE I.
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 J. C. Industries for the 1985 Sanitary Sewer
Projects, Phase I for the sum of $171,088.02.
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
r•--
es idixzg Officer Mayor tl
ATTEST:
MEN
CONSTRUCTION CONTRACT
TH S CONTRACT, n de and entered into this day of
19 by and between J. C. Industries
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: 1985 Sanitary Sewer Projects,
Phase I
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) (xx0xKk1ar, working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within Sixty 60)
days after the date of this contract.
2. Prevailing Waaes. 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 the
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.
5-026-121
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 by Contractor 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 Insurance in an amount
not less than $800,000 for all claims arising 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 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 Sub-
paragraphs (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 set forth,
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 may, at
his discretion, deduct $100/calendar day_ 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 unforseeable
causes beyond Contractor's control and without fault or
negligence on Contractor's part or 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, applicances 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 set forth 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 proposal of Contractor
dated May 23 19 85 , 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.
1
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 first class mail address to the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri 65101, and Contractor at
P.O. Box 1264, Jefferson City, MO 65102 . The date of
delivery of any notice shall be the second fullday 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 havA hereunto set
their hands and seals this day of
CITY OF JEFFERSON, MISSOURI
B
MAYOR
ATTEST:
CITY CLERK
CONTRACTOR
" By
Title:
ATTEST:
SECRETARY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
OF
HOME OFF CIE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
Bond No. 4466793
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A:Document No.A-311 February,1970 Edition
ANOWALL BY THESE PRESENTS, That we, J C Industries Inc.,
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
City of Jefferson
(Here insert the name and address or legal title of Owner)
as Obligee,hereinafter called Owner,in the amount of Two hundr-ed tthgusanc3 forty seven sRVen
h,adrad_sev enty three an 06/100----------------- Dollars($242 , 773
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 July 1 ,1985 entered into a Contract
with Owner for 1985 Sanitary Sewer Prolects , Phase I
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.
(continued on reverse side)
5-1219 RI 8/77 PRINTED IN U.S.A.
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 submission to Owner for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by
Owner and the Surety jointly of the lowest responsible 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 amend-
ments 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 1st day of July ,19 85
J. C. Pdustries, Inc. (Seal)
Principal
(Witness)
Title
SAFECO INSURANCE COMPANY OF AMERICA
(Witness)
Attorney-in- act
5 � ,
LAAOR AND MATERIAL SAFECO INSURANCE COMPANY OF AMERICA
PAYMENT BOND GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
�� OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
Bond No. 4466793
Approved by The American Institute of Architects
A.I.A. Document No. A-311 February, 1970 Edition
Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and
faithful performance of the'Contract.
KNOW ALL BY THESE,PRESENTS,That we,
J.C. Industries, Inc. ,
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are field and firmly bound unto
City of Jefferson
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of
Two hundred thousand forty seven, seven hundred seventy
three and 06/100--------------------=------------ Dollars($ 247, 773.06 ),
(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 July 1 , 19 85 entered into a contract with Owner for
1985 Sanitary Sewer Proiects, Phase I
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of rc 'tect
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 the 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 obligation shall be void; otherwise it shall remain in full force and effect,subject,
however,to the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for
labor, material,or 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, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
(continued on reverse side)
S-1220 R1 10/72 PRINTED IN U.S.A.
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 tile 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 following: 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
state in which the aforesaid project is located,save that such service need not be made 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 state 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,or any part thereof,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 faith
hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve-
ment, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 1St day of July , 19 85
J. C. Andustries, Inc. (Seal)
Principal
Witness
s; Title
�. SAFECO INSURANCE COMPANY OF AMERICA
Witness BV
Attorney-in- act
ICU
r
POWER OF SAFECO INSURANCE COMPANY OF AMERICA
ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98186
BAJ%Co
Aft
No. ___.__ __.5462
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
---------JAMES J. LANDWEHR; GLENDA A. FRY, Jefferson City, Missouri---------
its truo and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business,and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 3rd day of February ' 19 84 .
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. --FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(Ili) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I,W.D. Hammersla,Secretary of SAFECO INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued
pursuant thereto,are true and correct,and that both the By-laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
5����CEI Cli�p`ayr�. this 1st day of July 85
. 19 .
r.
F.A 1.
5.1300 R4 8/81 PRINTED IN U.S.A.