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HomeMy Public PortalAboutORD09846 If l+ BILL NO, I INIIi UXED BY COUNCILMAN ORDINANCE NO, CIO c AN ORDINANCE CxF THE CI'Pi' OF immom, MISSOURI, AUmRIZING I THE MAYOR AND CLERK OF THE CITY TO FXECUIE A 00NTRACr WITH ,) J. C. Industries, Inc. M !r P.O. Box 1264 City,Jefferson Y, Missouri � BE IT ORDAINED BY THE CITY OOUNCIL OF THE CITY OF JEFFE WN, MISSOURI, AS FOLLOWS, ;I SECrION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with J. C. Industries, Inc. for the improvement of Repair North Jefferson City Interce for p I for the sum of thirty-two thousand three-hundred ninety ($32,390.00) SECPICN 2. A copy of said contract is attached hereto. SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. ii Passed: Od — LL - 2- Approved: 2 I ei�dent of the Council Mayor A City Clerk i sI I f G� 1i1l I !I is CONTRACT FOR PUBLIC WORK This Contract is made and entered into this _ Lhdday of O_C: 19 57—' , by and between the City of Jefferson, Missouri, (City), and J.C. Industries, Inc. (Contractor). WHEREAS, the City Council of the City of Jefferson, Missouri did on the day of ali��B I�,, , 19 ffZ , award to the Contractor the contract of the improvement of Repair North Jefferson City Interceptor NOW, THEREFORE, 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 completion 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 Works 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 place of and instead of such Director of Public Works; 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 commence work on or before a date to be specified in a Written "Notice to Proceed" and to fully complete the project within forty-five (45) calendar days thereafter, 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 suspention, re- letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of then O Contractor's non-compliance with this contract. Liquidated damages of Ol8e-%--� r day will be assessed pe y against the Contractor for each day 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 Labor 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 tion No. 3.- p 14- 0C)g , in which the rate of 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 than 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 Law, 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 him, Section 290.250. Contractor agrees to completely indemnify 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 damaged are the servants and employees of the Contractor ® or third parties, in no manner 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. Workman's Compensation 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 $300,000 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 Workman's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $300,000 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 300,000 for all 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 : 300,000 for all claims arising our of a single occurrence and $100,000 for any one person in a single accident or occurrence. No policy will be accepted which excludes liability for damage to under- ground structures or by reason of blasting, explosion or collapse e. The Certifications of Insurance furhished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be cancelled or materially changes until at least (15) fifteen days prior written notice has been given to the City. IN WHITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 40c4X"", 198 a . CITY OF JM-ER90N, MISSOURI sy yr A ST: 0ja W A City Jerk J.C. Industmies, Inc. By Al r AT=: . American Casualty Company of Reading, Pennsylvania Offices/Chicago,Illinois ® PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we J. C. Industries, Inc., Jefferson City, Missouri Principal, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Surety, are held and firmly bound unto CiL-y of Jefferson, Missouri , Obligee, in the sum of Thirty Twu Thousand Three Hundred Ninety Dollars and no/100-------------- _ Dollars ($ 32,390.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated October 4, 1982 for Repair North Jefferson City Interceptor Aftcopy of which contract is by reference made a part hereof. Mill NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed, and dated October 8, 1982 J. C. INDL'STRIE$, INC. (Seol) rincipa ® AMERICAN CASUALTY COMPANY­"... . OF READING, PENNSYLVANIA by 0 Attorney-in-Fact Form 1-XI.266•LT American Casualty Company of Reading,Pennsylvania NWRAN"FROM offices/cnleago,Illinois PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That J. C. Industries, Inc., Jefferson City, Missouri Principal, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Surety, are held and firmly bound unto City of Jefferson, Missouri bl In the sum of Thirty Two Thousand Three Hundred Ninety Dollars and no/100_____j�k1hLee. - ------------------------r_------------------------Dollars ($ 32,390.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered Into a contract with Obligee, dated October 4, 1982 for Repair North Jefferson City Interceptor copy of which contract Is by reference made a part hereof. NOW, THEREFORE, If Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain In full force and effect. SIGNED, SEALED AND DATED October $, 1982 J. C. INDUSTRIES, INC. (S@al) Principal ti ® AMERICAN CASUALTY COMPANY , OF READING, PENNSYLVANIA by Attorney-In-Fact - Form 8-23214-A Ame lean Casualty Company ' of Reading, Pennsylvania IN"I"N"FROM CNA Offices/Chicago,Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN-FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly o nized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office In the City of Chicago, and State of Illinois, does hereby make, constitute and appoint.It mCs_JL__D_e11C, G1..Rde A. Fry. .Tamns .T. T.an te hr_ Individual y of TP ff _rsnn Oity'–Xi-s-snu i Its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company: "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The President or a Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys.In-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966: "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer• tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 2nd day of Ju14 19 80 , .nTa.�t AMERICAN CASUAL P OF READING, PENNSYLVANIA +tA"°t'l�e a State of Illinois I ,uu 31. County of Cook f ss 'wt �M. R. Vice President. On this '2nd day of July 19 80 , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Western Springs State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENN- SYLVANIA, the corporation 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 pursuant to authority given by the Board of Direc• tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ��se Rio NOTARY PUULIC Edward J. Haan III Notary Public. °�4COun My Commission Expires May 12, 1984 CERTIFICATE I, P. F. Granahan , Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, i do certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorne are still in force. In testimony whereclf„ ,' a hereunto subsr,{ib d my name and affixed the seal of the said Company this _ �_ day of ((�i 19��'' %V 0111WAlf, ;, - J.- tr 3 „,tp1 .,� A P. F. GraanahFn Assistant Secretary, 8.23142.8 ��, ���' cord • • „,• . , •. . . ', -, : .. • .• • ._ r• • r r .• . r ••r • •• • •tr ,MI AND ADDRISS OF AGINCY COMPANIES AFFORDING COVERAGES Minter-Dent & Co. COMPANY /� 101 E. McCarty Street LtTIIIt A United States Fidelity & Guaranty Jefferson City, M. 65101 COMPANY IIITIII NAMt A. DDRI SS IN INSUHI D COMPANY Lt tTf It J. C. Industries, Inc. P. 0. Box 1264 CfITI R N I nnY D Jefferson City, Mo. 65102 COMPANY g. LLJT[R FL. 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. Limits of Liability in Thousands COMPANY IY fh .,I INSIIIIAN. 1 I'i)!ICY NI R:HE It Pltl ICY -' F.(17 -- LETTER IxPIRAIION DAt( OCC.UItRCNCE AGGREGATE GENERAL LIABILITY BODILY INJURY Y Y IN COMPREHENSIVE FORM A ®PREMISES—OPERATIONS SNIP 020590108 /1 —1-8..7 1 PROPERTY DAMAGE Y Y Q EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD 12 PRODUCTS,'COMPI ETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE Y 5500 f 500 IR BROAD FORM PROPERTY COMBINED DAMAGE r 51 IND[Pr.NDLNT CONI RAC IORS CA PERSONAL INJURY PERSONAL INJURY Y AUTOMOBILE LIABILITY IIODILY INJURY $ ER COMPREHENSIVE II PERSON) A COMPREHENSIVE FORM gAp 016018948 �]-1-83 BODILY INJURY s OWNED (EACH ACCIDENT) HIRED PRO1111TYDAMAGE $ BODILY INJURY AND .f NON OWNED PROPERTY DAMAGE f 500 _ — COMBINED t EXCESS LIABILITY BODILY INJURY AND A UMBRELLA FORM CEP 014016486 7-1-83 PROPERTY DAMAGE $ 5,000 $ 5,000 OTHLR IHAN UMRRLLI A COPA13INE 1) FORM WORKERS'COMPENSATION STATUTORY i p' EMPLOYERS' 7000369825 7-1-83 ; s 100 dA:HACCIDCNTf , OTHER , •w.r F DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ti Repair North Jefferson City Inceptor �Rhcellation: Should any of the above desc� ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail l� days written notice to the below named certificate holder, but failure to mail such notice shall inipose no obligation or liability of any kind upon the company. f NAMCANDAI)OKSSOI—nit1n1CA1r140InlD•—� —�-� 10/8/62 DAII City I•;all City of Jefferson, Missouri AIII Ilulli/I U 1711'1(1`.I 1�1 411\'I - W ACORD 25(1 791 ��•^��}.��'�.''.`� ;�'�1;�r"3 ,.. .. •.. ,R„!.`,_., .t• .t.;� ratµ •.k' a +. 1,'rr ,",• `' ,., l±lirult`f IJ•I �W +�' i�,��''n�•f'� +t.rr. R •"r� r � ;%a �( r . w. "Y' c r�r I �,i ri�f ; ?. � •,� • •1 ..l.�i�r yt',. ...•.Ij 'y�; %<it �� 4 ..'"t':. 'Y;'•J. •t �...,�';•..,iyw. �t�fi� ":k: �rt.l�, t{ s.:„ ,..t:}}:!! t ,�, roY=f"�',t'�t�(. 11)-/j �Y(cirr;ct.�l�rpi Y(`s �l;I:�1 -t {t;t,.,.i �.. r 1 :tt•I�Ir1►! tF:' �bli.itt( -`�I.'r--q—�:,.{'� � 4t.j« :{1�• •��. yJ"ri t-;t��:lirC f__"'.'`=-1—__�'�_"s...______.w+.:.i' s�w':..ai.:..w.................�r...._...w......._..,a_._+.,..s...a ._i+.:t^° - ...r...u..+._.....A.�.w.r.L► NAML ANO AP01 r Of „t.(P. CGIMPANY kiteI States Fidelity- St Guar4ant_Co. Winter-Dent & Co. Effective 1201 air, 10-8 ' 19 8?. + 1 . McCarty Street Expires 12.01 am ❑ Noon 12-1 . 198 Jt son City, Mo. 65101 ❑This binder is Issued to extend covviage in the above named: company her expiring policy 1J NAML AND MAILING ADDIOSS 01 INSUftt it OCSCfiNtiun of Operation/VChiclas/Property City of Jefferson, Missouri Ref,air North Jefferson City Interceptor ; cjo City [fall ----_7,i,_•.,.at....ati:ti•vi iv,: .�_ __ C:.-1,.. .�..i ...�:,,.�i .,.t..,, �._._�• lnaurauce bad. %r . .aucuit t P R I` 0 � P E ' R T f ly Type of Insurance Coverage/Fornis _ _ _Limits of Liability_ L -- - - —— --- —- — —- Each Occurrence- A-gr @gat@ I ,chedUled Form O C'on pic-hensive Form (Bodily Injury • ~�_- b I3 ❑ Prenuses/Operations f'ruparty v . ❑ Products/Con ipleted Operations M1111 age, $ - $ - i L ❑Contractual Bodily Injury & i I ❑Other (specify below) owners Contractors Pxntective Liabili .pei ty Damage 500,000 500,000 t T Comhin+,d " ❑ Med. Pay. $ Her Y P.•non HccrJ°''” ❑ Personal Injury ❑ A ❑ B ❑ C Personal Injury $ I 1 q —-- —� __ ~ Limits j U ❑Liability [3 Non-owned ❑ 1 hied Fit)) hly Injury (Each Person) $ a T ❑Comprehensive-Deductible $ f O ❑Colllston•D�ducliblr: J 1 h ❑r•.(E'dw;d hi+yritBl,ls I i-P,i ly Uallia%(� y B ❑Uninsured Motorist $ D No Fault (specify): Bodily Injury & Property Damage L ❑Other (specify): Combined $ E ❑ WORKERS' COMPENSATION -- Statutory Limits (specify states below) 1-1 EMPLOYERS' LIABILITY — Unit $ SPECIAL CONDITIONS/OTIiER C0VLiim'1--S "�*t!o1'A`-pf•K. .,-,•........t...__ '�.._t_'.'a:'.'_ - - .. �' _••_�• •-.-•��....r�Vr=.."'.":"+.. i' .�........r.�...... _•aT. :,j� :•�>:•.+.`Y�_',�y'^'? s'.t.'r ' NAME AND ADDRESS OF ❑ MORI GAGEC ❑ t USs PAYEE T ` ❑ADD'L INSURED { r r I.UAN NIIIAH[R ;ili!ILdtllr •I,IIiUIII,'.1 l(t•I• •.t11(d(Ive I/,tiv i ACOhD 75(1 17 7)