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HomeMy Public PortalAboutORD09973 Bill No. Sponsored by Councilman Ordinance No. _ 173 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SCHELL CONSTRUCTION COMPANY, INC. , FOR THE CONSTRUCTION OF SHELVING AT THE JOHN G. CHRISTY MUNICIPAL BUILDING. 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 Schell Construction Company, Inc. for the construction of shelving at the John G. Christy Municipal Building for the sum of $7,966.00. 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 + 5- /'7— -3 R � Presi in ffice / Mayor ATTEST: City Clerk • CONTRACT FOR WOOD CASEWORK AND SHELVING AT THE JOHN G. CHRISTY MUNICIPAL BUILDING FOR THE CITY OF JEFFERSON, MISSOURI This contract is entered into this 17th day of May , 19 83 , by and between the City of Jefferson, Missouri, Party of the First Part, and Schell Construction Company, Inc. , Party of the Second Part. WHEREAS, the City Council of the City of Jefferson, Missouri, did on the 17th day of May , 1983 , award to the Party of the Second Part, Schell Construction Company, Inc. , the contract for the wood casework and shelving at the John G. Christy Municipal Building. NOW, THEREFORE, for and in consideration of the awarding of this contract and the work thereunder by said First Party hereto, the City of Jefferson, Missouri, to the Second Party, Schell ConstructionCompany, Inc. , the said Second Party does hereby contract and agree to do and perform said work, above specified and referred to and to accept payment therefor in the following manner: Seven Thousand Nine Hundred Sixty-six Dollars ($7,966. 00) A. Lump Sum upon completion and final acceptance in accordance with the plans and specifications. NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, and this contract is entered into subject to all existing ordinances, plans and specifications for such work on file in the office of the City Clerk, and which shall be considered a part and parcel 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 therefor, and estimates thereof, ® shall be decided by the Director of Planning and Code Enforcement, of the City of Jefferson, Missouri, or by such competent persons (10) 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 Planning and Code Enforcement; that in the case of improper workmanship, the City of Jefferson reserves the right at any time to suspend, re-let or order an entire reconstruction of the work; that the Contractor agrees to commence work on or be- fore a date to be specified in a written "Notice to Proceed" and to fully complete the project work covered by the Contract within thirty (30) consecutive working days after the date established in the Notice to Proceed. 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 that such suspen- sion, re-letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accuring Ash or due it by reason of the Contractor' s non-compliance with this contract. Liquidated damages of fifty ($50. 00) dollars per day will be assessed against the Contractor for each day the work covered by the Contract remains incomplete following the completion date or extension thereof. The Second Party 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 Second Party acknowledges that he knows the prevailing hourly rate of wages for all 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 Determination No. 3-026-075, in which the rate of wages are set ® forth. (11) The Contractor further agrees as the Second Party, that he will keep an accurate record showing the names and occupation of all workman employed by them in connection with the work to be performed under the terms of this contract, which record shall show the actual wages paid to each of said workmen in connection with the work to be performed under the terms of this contract, and agrees further that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Planning and Code Enforcement or any other authorized employee of the City of Jefferson, Missouri. In compliance with the Prevailing Wage Law, as amended in Section 290.210 and 290. 340 inclusive, Revised Statutes of Missouri, 1969, effective October 13, 1969 , not less than 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 ($10.00) dollars for each workman, employee, for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under this contract, by him or by subcontractors under him, Section 290. 250. The Second Party agrees to completely indemnify and hold harmless the City of Jefferson for any and all damages, injuries, actions, costs, attorney' s fees and all other expenses whatsoever arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Second Party, or third parties in no manner connected with said work. All interlineations, corrections, deletions and changes herein • have been made prior to the execution of this contract. (12) musumm IN WITNESS WHEREOF, the parties have hereunto set their ® hands and seals this 17th day of May , 19 83 Attest: CITY OF JEFFERSON, MISSOURI .�Gt2 BY T City Clerk M or ATTEST: ByA ctor Se c etary This contract, executed in duplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, and the other being retained by the Party of the Second Part. (13) r. 1 CE12't'll•'ICATE Or 1VSUI211NCE Issued at the request of THE CITY OF JEFFERSON, MISSOURI Owner. Address: CITY HALL, JEFFERSON CITY, MISSOURI THIS IS TO CERTIFY that the insured named below is at this date insured with: Hanover Insurance Company as described in the following schedule, and in full compliance with the Contract Documents, including all contractual liability coverage. DESCRIPTIVE SCHEDULE Name of Insured Schell Construction Company Address of Insured 310 Jefferson Street, Jefferson City, MO 65101 Locations Covered John G. Christy Municipal Building Description of Work wood casework and shelving (14) DESCRIPTIVE SCHEDULE (CONTINUED) Type of Insurance Policy Expiration Limits of Number Date Liability A. Workmen's Compensation WC733833 1-1-84 Statutory Including Employers Liability S me Same $100, 000 per employee Disease Liability Same Same $100, 000 aggregate B. Comprehensive General Liability $300,000 Bodily Injury AGT.71 32 4 1-1-84 A)?]tQXM P er person Bodil Injury $3&0,000 e Y j Y S m Same 2$��� X P accident $100,000 Property Damage Same Same per accident $100,000 Property Damage Same Same CM aggregate C. Comprehensive Automo- bile Liability Bodily Injury $200, 000 per person Bodily Injury $500 , 000 per accident Property Damage $100 , 000 per accident D. Umbrella Policy CCL226369 7-8-83 $1,000,000 REMARKS : Attach certificates on additiona coverage where applicable. (15) t If such policies are cancelled, expire, or are changed during the periods of coverage as stated herein, in such manner as to affect this Certification, ten (10) days prior written notice of such cancellation, expiration, or change will be mailed to the owner. DATED THIS 17th DAY OF May , 1983 . Hanover Insurance Company Legal Title of Insurance Company J. By: Au horized Rep sentative Centr In urance Agen 238 Madison, Jefferson City, MO 65101 NOTE: If the required insurance is carried by more than one company, separate forms shall be used for each, with related coverages indicated. (16) 1'L;1t1 U1thlAtJl:l: AiJU UN1: YEAR C;UAlt1lPJ'1'lls LIUNU , , 1 KNOW ALL DIEN BY THESE PRESEN'T'S, that we, the undersigned Schell Construction Company, 310 Jefferson Street, Jefferson City, Missouri 65101 , hereinafter referred to as "Contractor" and Fidelity and Deposit Compaiiy of Maryland a Corporation organized under the laws of the State of Maryland and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson, Missouri hereinafter referred as "Owner" in the penal sum of Seven Thousand Nine Hundred Sixty- Six and no/100------------ DOLLARS ($ 7,966.00-------- ) , lawful money of the United States of America for the payment oC 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 CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS , the above bounden Contractor has, on the 17th day of May 19 83 entered into a written contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities 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: NOW, THEREFORE, if the said Contractor shall and will , in all parti- culars , well , duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions , Specifications, Plans , Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, materials and workmanship for the 1)c.ri.ods specified ill Lho Spec:.i Cica t ions by the Owner then this Obliclati.on shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDEM FURTHER, that if the said Contractor fa.i l :; t-o duly fitly 1-or any labor, materials , sustenances , provisions , provender gasoline, lubricating oils , fticl oils , greases , coal ropa.i.l-:; , and tools conslllfled or llse(l ill ,.-,aid work , groco ivs illlll fc)od.-,tuffs , and C1.11 .i.rlsuranc o pi.emiiims , ( onll)O'llsaL•ion ].ial)i l..i l:y , and ol:hcrw.i t e , or any other Sul)plieS or maLeri.als used or conaumed by such C onL'ractor or his, their. , or iLs subcontractors in perl:or.m;lnco of the work ® contracted to be done , the Sur.eL•y will hay the :;twin ill any amount not exceeding the amount of this Obligation, together with interest as provided by law: (17) PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension or time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any way 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 FURTHER, that if the said Contractor fails to pay the prevailing hourly rate of wages on Phase One of the Contract, as shown in the attached schedule, to any workman engaged in the construction of the improvement as designated, defined and described in the said contract, specifications and con- ditions 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 ex- ceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, 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 its attorney-in-fact duly authorized hereunto to do so, at Jefferson City,MO on this 17th day of May , 1983 Fidelity and Deposi,x Comppanv Schell Construction Company Surety Company of Maryland Contractor By (SEAL) By AL) By (SEAL) By \ (SEAL) ' 6totney-in-Fact State Representative (Accompany this bond with Attorney-in-Fact' s authority from the Surety Company certified to include the date of the bond) . • (18) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,6ALTIMOxE,AID. KNOW ALL MEN BY TIIF.SE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C. M. PECOT, JR. , Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee.shad have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice.Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint William A. Norman, Mary Ann Neutzler, David E. Presley and Joy L. Mealy, all of Jefferson City, Missouri, EACH... .. . its true and lawrul agent and Attorneyin-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as itsactanddeed:any and all bonds and undertakings.... .... ... ............ ... .... A—nd t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md.,in their own proper persons. This power of attorney revokes those issued on behalf of William A. Norman, etal, dated, July 20,1982 and on behalf of Joy L. Mealy, dated, January 13, 1981. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS'WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this .......3�na.................day of................February......................,A.D. 19..83... 4�° � ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'SEAL one � ........... ........ Assistant ........................ By ...................... ............... Secretary Viet ezident STATE OF MARYLAND ? , CITY OF BALTIMORE On this 22nd day of February ,A.D.19 83 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-namr(i Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,tome Personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written. • 1Votary t Co on Expires.Julx _1 ..1986, °°•r CEIRTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDEu Y AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED;"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified eopy of any Qower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed,' 17th IN TESTIMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate wal of the said Company,this...................... day ® of..........May.................................19.81. LIU&—Cif.-079-5096 ............ mist.,.....,retary .. Aa�islar►t Seer FOR YOUR PROTEX'TION LOOK VOlt '1'lll? V&1) W: TEIRNIARK SCHELL CONSTRUCTION COMPANY ® 310 JEFFERSON STREET P.O. BOX 282 TELEPHONE 635.2331 JEFFERSON CITY,MISSOURI 65101 May 18, 1983 City of Jefferson City Hall Jefferson City, Missouri 65101 RE: Wood Casework & Shelving at the John G. Christy Municipal Building Gentlemen: Enclosed please find three signed copies of contract for above project. We would appreciate your sending our copy back when it has been ,signed by the Mayor. Also enclosed are necessary insurance papers covering the work. Very truly yours, SCHELL CONSTRUCTION COMPANY By Richard A. Schell s RAS: sv Enc.