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HomeMy Public PortalAboutORD10567 BILL NO. SPONSORED BY COUNCILMANY ORDINANCE NO. l©56 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TOWNER COMMUNICATIONS SYSTEMS FOR THE PURCHASE AND RELOCATION OF CLOSED CIRCUIT TELEVISION EQUIPMENT AT THE JEFFERSON CITY POLICE DEPARTMENT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute a contract with Towner Communications Systems for the purchase and relocation of closed circuit television equipment at the Jefferson City Police Department for the sum of $10,923.70. Section 2 . The agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed �9 Approved oZ '"� /9 Pr iding Offis r Mayor ATTEST: City Clerk 1�. INSTALLATION AND SERVICE CONTRAL"r THIS CONTRACT, made and entered into this day of , 19 ,T& , by and between Towner Communications S stems, bereinafter 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 , supplies, and installing and relocating cameras , switches , and alarm buttons for the police department closed circuit television system and providing service thereon. 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 thirty (30) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within thirty (30) working days after the date of this contract . AI 2 . 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 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 . 5 . 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. 6. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 5, 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 . 7 . 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. 8 . 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 Aft NMI 1111 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 t1lis 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 Go 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. 3. 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 . 4 . Liquidated Damages. The Director of Public Works may, at his discretion, deduct One Hundred Dollars ( $100) from any amount otherwise due under this contract for every day Contractor Bails or refuses to prosecute the work, or any separable part thereof, act or omission of Contractor, its servants , agents , or subcontractors , or arising out of the award of this contract to Contractor. 9 . 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 . 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 the rates and/or amounts stated in the proposal of Contractor dated December 12, 1985, 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. 11. 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. 12 . 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. 13 . 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 2511 Industrial Drive, Jefferson, City, Missouri 65101. The date of delivery 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. AOL MW 15. IN TESTIMONY WHEREOF, the parties hav hereunto set heir hands and seals this ���✓�� day of CITY OF JEFFERSON, MISSOURI By, ,4 / ✓✓ MAYOR ATTEST: CITY CLERK , CONTRACTOR By itl �,71 ATTEST: '. SECRETARY _1102- 21II'll1111 mill NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ught - Naught Ins. Agency — — — 0.0, Box 1768 COMPANY Jefferson City, MO 65102 LETTER ..,___THE_CONT-INE14=, TM. �2 — COMPANY li I.I. CAMERON MUTUAL INS. CO. NAME AND ADDRESS OF INSURED COMPANY C AMERICAN STATES INS. CO. TOWIER ELECTRONICS, INC. LETTER _ — 2511 Industrial Drive COMPANY Jefferson City, MO 65101 LETTER —111Q�.F COMPANY LETTER This is to certify that policies of insurance listed below have been Issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain•the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of L abilit in Th�ousan — LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION OF.TE � ~~ EACH OCCURRENCE AGGREGATE _ E. GENERAL LIABILITY BODILY INJURY $ S A COMPREHENSIVE FORM BOX 1 25 52 52 04/06/86 PREMISES—OPERATIONS PROPERTY DAMAGE $ S ❑EXPLOSION AND COLLAPSE HAZARD F-1 UNDERGROUND HAZARD ®PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND L.�CONTRACTUAL INSURANCE PROPERTY DAMAGE $1,000 $1,000 BROAD FORM PROPERTY COMBINED �{ DAMAGE EN INDEPENDENT CONTRACTORS _ lA PERSONAL INJURY PERSONAL INJURY $1,000 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) 250 ❑j COMPREHENSIVE FORM BODILY INJURY 8 B !�J OWNED A 190746 04/06/86 (EACH ACCIDENT) 500 ❑ HIRED PROPERTY DAMAGE $ 100 BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ _ COMBINED EXCESS LIABILITY BODILY INJURY AND C. ® UMBRELLA FORM SU 44673 04/06/86 PROPERTY DAMAGE $ 1,000 $ 1,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and 61 W 844 2211 850 04/06/86 EMPLOYERS'LIABILITY f 100 (EACH Acao[Nr) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS.AJEHICLES Purchase Order # 15661 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .10__ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Mr. Jim Hartley - Purchasing Agent DATE ISSUED: Jam. 23 1986 CITY OF JEFFERSON Christy Building E. McCarty St. — THOMAS _S_ _ AUTHORIZED REPRESENTATIVE Jefferson City, MO 65101 J ACORD 25(1.79)