HomeMy Public PortalAboutORD10669 BILL NO. 5q \
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH J. C. INDUSTRIES,
INC. FOR THE 1986 CURB AND GUTTER PROJECT, PHASE I.
BE IT ENACTED 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, Inc. , for
the 1986 Curb and Gutter Project, Phase I, for the sum of
$129,460.70.
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 L-0- ����� FC Approved
P id ng Officer ayor -W -a-�-
ATTEST:
City Clerk
► fit'
CONSTRUCTION CONTRACT,
THIS CONTRACT, made and entered into this 20th day of
June 19 $6 by and between J.C. Industries, 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: 1986 Curb & Cutter Project Phase I,
Beck Street - West Miller Street.
NOW, ' THEREFORE, the parties to this contract agree to the
following:
1. Manner and 'time for CS!�pletion. 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 contras documents and any applicable City ordinances and
state and federal laws, within forty-five (45) 0UL1kV 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.
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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 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..
6-026-112 &liY)QkM?k f.,WXXXXXXXXXXXXXXXXXXXXXXXXXX
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 Conpensation 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
coapensation 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 ccq:)ensation 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
person*, 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 $100.00 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 i"s 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.
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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.
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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 sane 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 neconsary for cortgalotion of the work. The foregoing
provisions nro in addition to, and not in limitation of, the
rights of the City under nny other provisions of the contract,
city ordinances, and state acrd f adaral lawn.
8. Guards crud Light•a. '!'he Cont.rnctor agrees to defend,
indernnify,fafag nave tho City harmless from and against all
clairns, rsuiito and factions of every description, brought against
the City and from all dt ivigo and coasts by reason or on account of
any injuries or drainages received or stt�atai.ned by any person or
persons, or their prol.-�erty, by Contractor., its servants, agents
or subcontractors, or arising out of the award of this contract
to Contractor.
9. Indemnity. 'rho Contractor agrees to defend, indemnify,
and stave tha 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. Pavincnt 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 payrmnt of all materials and labor used in the
performaance of this contract.
11. Pa six nt. 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 Docurmnts 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 May 27 It 1986 , 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 follow-ngs
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice; to Contractors g. Technical. Specifications
d. Signori Copy of Bid h. Drawings and/or 'sketches
This contract and the other doctrnents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully 1a part of the contract as if attached hereto or
repeated herein.
,\ r
13. Nondiscrimination. The Contractor agrees in the
AML 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 Rt. t.Y, M� 65102. 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 20th day of June ,
19 86
CITY OF JEFFERSON, MISSOURI
By
• MAYOR
ATTEST:
CITY CLERK
CONTRACTOR
BY
Title: J Helmig, President
ATTEST:
SECRETARY
Agh
J.�
_
CERTIFICATE OF INSURANCE
Issued at the request of The CITY OF JETTIRSON, MISSOURI
AdSk Owner'
Address: CITY HALL, JEFFERSON CITY, MISSOURI
THIS IS 70 CERTIFY that the insured named below is at this date :insured
with United States Fidelity-& Guaranty
as described in the following schedule, and in full ccxpliance with the
Contract Documents, including all contractual liability coverage.
DESCRIPTPlE SCFMDJLE
Sp
Nam of Insured: J. C. industr���, Tnr-.
P. O. Box 1264
Address of Insured: ,7efferson'Ctiv, rtisgouri 65102
Locations Covered: ALL
Description of Work: 1986 Curb & Gutter Project Ph2ze I IIe Miller Street
d
" PLWOM NCE AND ONE YE.,AR. GUARANTEE F)=
XM W AU, r'[Er1 BE THESE PRESENTS, that we, the undersigned
J. C. Industries, Inc.
hereinafter referred to as
"Contractor" and Safeco Insurance Company of America
a Corporation organized under the laws of the State of Washington
and authorized to transact business in the State of Missouri
as Surety, are held and firmly bound unto the
City of Jefferson, Missouri hereinafter referred to as "Owner1°
in the penal stun of
• P One Niinrirad and i-{,entW nine thniicanA. fntir himrirarl and i•r+y ,
,
dollars and Seyen:L3� c. nt�PPLLARS ($ 12y,460.70 ), lawful money of
the United States of America. for the payment 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 071VDITION OF THE FOREGOING OBLIGATION IS SUCH Mr:
tS'I•iMEAS, the above bounden Contractor has on the 20th day of June ,
19 86 , entered into a written contract with the aforesaid Owner for furnish-
ing all materials, equipment, tools, superintendence, labor, and other facili-
ties 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:
NCA7 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 Contract, and the Conditions, Speci.fica.tions,
Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by
reference, made a part thereof, according to the trine 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 became null and void; otherwise it shall remain in full
force and effect.
PROVIDED FUMM, 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 murk,
Wmeeries and foodstuffs, and all insurance prerniums, ccapensation 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:
PFDVIDED FURTM, 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 acctxnpanying 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 FUTIM, that if the said Contractor fails to pay the prevail-
ing 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 condi-
tions 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 obliga-
tion together with interest as provided by law:
WlT�5TIMONY jMMF, 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 rPer9nn city, r i,ss iri
on this the 2 h day of _—June` ,
19 86
Safeco Ins. Co. of America J.C. ies Inc.
SURETY ODUPANY 00
( L) By SEAL) •
14' By
Attorney-in-fact (State Representative)
(Accompany this bond with Attorney-in-fact's authority fraen the Surety
Company certified to include the date of the bond.)
r
POWER OF SAFECO INSURANCE COMPANY OF AMERICA
ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98186
SOPECO
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 true 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, end 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
(iii) Certifying that said power-of-attorney appointment is in full farce 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
this 20th day of J Re 19_$fi_.
S-1300 R4 Sib PRINTED IN U S.A.
ISSUE DATE(MM/DD"
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
. . Winter Dent & Co.
NO
XXTREND ORUALTTER TTHE COVERAGE AFFORDED BY CERTIFICATE
Ti� S1 MDOES GOW.
P.O. Box 1046
Jefferson City, Missouri 65102 COMPANIES AFFORDING COVERAGE
L RAY A U. S. Fidelity & Guaranty
COMPANY Im
INSURED LETTER
J. C. Industries, Inc. LETTERNY C
P.O. Box 1264
Jefferson City, Missouri 65101 COMPANY D
COMPANY
LETTER
0
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE(MMIDWY) DATE(MWDDMY) NAI EACH AGGREGATE
z$wa
OCCURRENCE
GENERAL LIABILITY BODILY
A COMPREHENSIVE FORM INJURY $ $
UNDERGROUND MP 0 7 0 2 6 8 5 17 7/1/86 7/1/87 DAMAGE $ $
UNUERfiROUND ����1l11����
X EXPLOSION&COLLAPS?+V'I SiFlf7 00 D.
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL COMB NED $ 500,$ 5 0 0
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABIUTY BODILY $
A ANY AUTO BAP089839390 7/1/86 7/1/87 IP""'EOEF.,
X ALL OWNED AUTOS(PRIV. PASS.) BODILY
OTHER THAN) (PER A
ALL OWNED AUTOS PRIV.PASS./ PER
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY BI a PD
COMBINED $ 500,
EXCESS UABILITY
UMBRELLA FORM CEP089900350 7/1/86 7/1/87COMBNED $ 5, 000 $ 5, 00
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
A AND 7000369868 7/1/86 7/1/$ $ (EACH ACCIDENT)
EMPLOYERS'LIAGILITY (61SEASE•POLICY LIMIT)
$ (61SEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
JOB: Beck & West Miller Street, Jefferson City, Mo.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Jefferson City MAIL—.--DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, Missouri 65101 LEFT,BUT FAILURE TO MAIL SUCH NOTICE POSE NO OBLIGATION OR UABILITY
OF ANY KIND THE COMPANY, 17 WAS OR REPRESENTATIVES.
AUTHORIX REPR ENTATIVE