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u BILL NO. 91-21
' SPONSORED BY COUNCILMAN HAAKE
< ORDINANCE NO. 11586
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
rs THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HEET & µ `f
RODEMAN FOR THE COMPLETION OF THE 1990 CURB & GUTTER PROJECT, " A
PHASE I.
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BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI
.. AS FOLLOWS: y'
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Section 1. The Mayor and City Clerk are hereby authorized and directed to
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execute an agreement with Heet & Rodeman for the completion of the 1990 Curb &
Gutter Project, Phase I. The amount expended for the contract shall not exceed
$25,500.00 and the initial amount of the contract shall be $19,803.00.
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Section 2. The City Administrator and Director of Public Works shall be jointly lick
authorized to approve change orders to the contract provided the total contract
amount does not exceed $25,500.00, nor change the general scope of the project.
'# Section 3. The agreement shall be substantially the same in form and content `#
as that agreement attached hereto as Exhibit A.
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Section 4. This Ordinance shall be in full force and effect from and after the
'tt. date of its passage and approval..
Passed: June 3, 1991 Approved: June 5, 1991
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' Presi Officer yor
ATTEST:
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City Clerk
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CONSTRUCTION CONTRACT
7
THIS r: .
CONTRACT, made and entered into this -1�' `' '� '
day of 9 g�
1 9 1 b d `
Y a n betweenf+ - �`'
Contractor" hereinafter called .;
and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City".
WITNESSETH: That Whereas, the Contractor has become the lowest 1. <<q.•rte,.
f .,.t
responsible bidder for furnishin g the supervision labor, tools,
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equipment, materials and supplies and for constructing the t' _ ;•
following City improvements: Completion of 1990 Curb and Gutter � ' 1
Project, Phase I.
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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 o perform,
work at Contractor's own expense in ac o ance w th said o contract
into
Ell documents and any applicable City ordinances and state and federal
laws, within twenty-five (25) working days from the date Contractor
is ordered to proceed, which order shall be issued by the Director 'i ''°•',:;:j;
of Public Works within ten (10) days after the date of this
contract.
2. Pxevaili g 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,
y as established by Department of Labor
and Industrial Relations of the State of Missouri, and as µf:
established by the Federal Employment rty '
Standards of the Department
of Labor. Contractor acknowledges that Contractor knows the
prevailing hourly rate of wages for this
project because Contractor obtained the
prevailing hourly rate of wages from the contently..'
of Special Wage Determination No.
which the rate of wages es is s �1` �'�lr, _ ( (�' 5
in Via, rN
g et forth. The Contractor further r°
agrees that Contractor will keep an accurate record showing the 't ,"
names and occupations of all workmen employed in connection with
the work to be performed under the terms of this contract. The
record shall show the actual wages g 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
Of Public Works each week. In accordance with Section Director
290. 250
RSMo, Contractor shall forfeit to the City Ten Dollars
each workman employed, for each calendar day or ($10. 00) for s'
that the workman is paid less than the stipulated rates forra y
work done under. this contract, b
any
subcontractor under the Contractor.
Y the Contractor or any
is ;
3• Insurance. Contractor shall Gr
own expense during the life of this contract e and maintain at its k' f•.
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(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 $1, 000, 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 thant ,�r.:
$1, 000, 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
$1, 000, 000 for all claims arising out of a single accident or ':�,Y°;:;;:,•y,,,,
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 Viability Insurance Policy naming the City of
Jefferson as the insured, in an amount not less than $1, 000, 000 for
all claims , arising out of a single accident or occurrence and
$100,000 for an
y one person in a single accident or occurrence, :w,;,•-,:��,��,�
do except for those claims governed by the provisions of the Missouri V
Workmen's Compensation Law, Chapter 287, RSMo. No policy will be
accepted which excludes liability for damage to underground
structures orb reason of blasting, ill I
Y g, explosion or collapse. ;
(e) Subcontracts - In case any or all of this work is sublet
the Contractor shall require the Subcontractor to
. q procure and
No maintain all insurance required in Subparagraphs (a) , (b) , and (c)
hereof and in like amounts.
(f) Scone 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 <a"
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( g public liability
and contingent property damage policies) by a general contractor
whose subcontractor has employees workin on the
g project, unless
liability the general public ,
' ����'• y and property damage policy (or rider
attached thereto) of the eneral contractor
5 provides adequate w�
• 's{ protection against claims arising from operations by anyone �
directly or indirectly employed by the Contractor.
MN
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!,y �^' �p� rtN rY�'"r a•,��L�1I(fY .{t i;)j fi. i.`.1 � r'.: i t. 'i � ..Y 4itt� ,�1 FNt, � j' u
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4 • contractor' s Res ^"s41-
ility for subcontractors. It is 1 ,
further g that
agreed t ontractor shall be as fully responsible to the t r
City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly
Contractor is employed by them, as
for k
the acts and omissions of persons it directly
employs. Contractor shall cause appropriate riate
inserted in all subcontracts relating to this work,l to bind all ,,., ,
subcontractors to Contractor by all the terms herein setforth, V `
insofar as �t,;�a�'-,4;
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 hall create any
c,ntractual relations between any subcontractor and the City or
between any subcontractors. ="
5• L?9uic�ated Damages The Director of Public Works ma
his discretion, deduct $500. 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 g
proceed. It is further provided that Contractor
shall not be charged witri
liquidated damages because of delays in
the completion of the work due to unforeseeable causes beyond
Contractor's control and without
Contractor's part or the part of its agentst or negligence on
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6• Termination. The City reserves the right to terminate
this contract by least five 5
giving at as ( ) days prior written notice 1
to the Contractor, without
prejudice to any other rights or
7
remedies of the City should the Contractor be ad 'ud e '`
or if Contractor should make a general assignment for the benefit for
g a bankru t
Of its creditors, or if a receiver should be appointed p
Contractor or for any of its property, or ifF
Contractor should
persistently or repeatedly refuse or fail to supply enough
skilled workmen or
g properly
or fail to make proper material, or if Contractor should refuse 'trzhr ?
prompt payment `.
materials for the work under tthenycont son supplying
pP Ying labor or
disregard instructions of the City or fail to observe or perform
contract or persistently
any provisions
of the contract. '•�'�'���'' s''
terminated p euant to Paragraph 6• then event this contract is
,
work and n the City may take over the y.
prosecute the same to completion, by contract or
�
otherwise, and Contractor and its sureties shall '
City for any costs over the amount of this to the .4
City Yf'q
occasioned by the city.
hereby "
Y In any such case the City may take
'
Possession of, and utilize in completing the work, such mat !
t
appliances and structures as may be on the work g p site and are
erials, °
necessary for completion of the work. The foregoing rovi s i on s are
5: in addition to, and not in g limitation of, the rig of the City
under any other provisions of the contract, cit o
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state and federal laws. Y rdinances, and w'}
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S . indemnity. The Contractor agrees to defend, indemnify,
and save the City harmless from and against all claims, suits and m +
actions of every description, brought against the City and from all
damage and costs by reason or on account of any injuries or damages ;•-:r;
received or sustained by any person or persons, or their property,
by Contractor, its servants, agents or subcontractors in the r•
construction of said work, or by any negligence or carelessness in
the performance of the same, or on account of any act or omission �� Ayl•.
of Contractor, its servants, agents, or subcontractors, or arising
out of the award of this contract to Contractor.
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9. Payment for Labor and Materials. The Contractor agrees
and binds itself to pay for all labor done and for all the �t
materials used in the construction of the work to be completed 'x;;'. '
pursuant to this contract. Contractor shall furnish to the City a ;•.r� , r, '
` Ant of all materials and labor used in the
bond to insure the payment ,�;;;_�-`s=.�:����J•
performance of this contract
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10. Payment. The City hereby agrees to pay the Contractor 'y <X
the work done pursuant to this contract according to the payment
schedule set forth in the Contract Documents upon acceptance ofw`'``"' '''
said work by the Director of Public Works and in accordance with
' the rates and/or amounts stated in the bid of Contractor dated
-1-Y) o)'J 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. '
The total amount of this contract shall not exceed
hw1dree94hrre_ 4- 1-fzl� }DG CJQ "�v3. Oc71 ,
11. Contract Documents. The contract documents shall consist "
of the following:
a. This Contract f. General Provisions ="
b. Addenda g. Special Provisions
C. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawings and/or sketches
e. Signed Copy of Bid Pa
This contract and the other documents enumerated in this �.r.
paragraph, form the Contract between the parties. These documents
k' are as fully a part of the contract as if attached hereto or
repeated herein. ;
12 . Nondiscrimination. The Contractor agrees in the
5 < 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
k' 1 awarded hereunder.
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#qtWC_0S- All notices required to be in writing may be
given by first class mail addressed to the City of Jefferson, 320
East MdCarty, Jefferson city, Missouri 65101, and Contractor at
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0-66Z INS33 — 9-'gnrSco- C. 1 , n The
delivery 01''i !InY notice sR—a3--3' be the--s—ec—o—ndfull day after date the day
of
of its mailing.
to
3.4.
9PXi—s—d—i_qtion- This agreement and every question arising Jrf
hereunder shall be interpreted according to the laws and statutes
of the State Of Missouri.
f. 15. IN TESTIMONY wHEREop the parties have ereunto set their
hand/ds and seals this day of
CITY OF JEFFERSON, MISSOURI
Mayor G 7
ATTEST:
City C erk
CONTRACTOR
T itle:Robert E. Ro eman, President
ATTEST:
T 4it e�—
Alice R�se�lSe�creta�ry �
NV
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'Wiffil"
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W� M4
MiVv�'
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