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Home My Public Portal AboutORD10248 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TWEHOUS EXCAVATING COMPANY, INC., FOR THE 1984 STORM WATER DRAINAGE PROJECT, PHASE II. 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 Twehous Excavating Company, Inc., for the 1984 Storm Water Drainage Project, Phase II for the sum of $31,990.00. 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 �� - a Approved esiding Off i Mayor ATTEST: CONTRACT FOR PUBLIC WORK This Contract is made and entered into this day of 198 , by and between the City of Jefferson , Missouri (City) , and Twehous Excavating Co. , Inc. (Contractor ) . WHEREAS , the City Council of the City of Jefferson, Missouri , did on the _ day of 1984, award to the Contractor the bid of the improvement of the 1984 Storm Water Drainage Project, Phase II 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 therefor : 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 perfor- mance of this contract of such work in accordance with the plans and specifications therefor , and estimates thereof , shall be decided by the Director of Public Works of the City of Jefferson, Missouri , or by such competent person appointed by the Mayor and the City Ask 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 Thirty (30) working days thereafter. The City reserves the right at any time to suspend , relet or order an entire reconstruction of the work awarded and to declare the contract forfeited , but such suspension, reletting 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 the Contractor ' s noncompliance with this Contract . Liquidated damages of One Hundred Dollars ( $100) per day will be assessed 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 hourly 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 Determination No . 5-026-003 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 them 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 aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other ® authorized employee of the City. In compliance with the Prevailing Wage Law, as amended in Sections 290. 210 to 290. 340 inclusive , RSMo 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 Dollars ( $10) for each workman employed , for each calendar day , or portion thereof , such workman is paid less 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 out 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 an amount not less than Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ( $100, 000) for any one person in a single accident or occurrence , 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 Eight Hundred Thousand Dollars ( $800, 000) for all claims ry arising out of a single occurrence and One Hundred Thousand Dollars ( $100, 000) for any one person in a single accident or occurrence . c . Automobile Liability Insurance in an amount not less than Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ($100, 000) for any one person in a single accident or occurrence . d. City Listed as Additional Insured: The City shall be listed as an "Additional Insured" on the Contractor 's public liability insurance and automobile liability insurance policies. e. The Certifications of Insurance furnished to the City showing proof of compliance with these insurance require- ments shall contain a provision that coverage under such policies shall not be cancelled or materially changed until, at least ten (10) days prior written notice has been given to the City. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _bA day of t-vs� , 19$-6X. CITY OF JEFFERSON, MISSOURI By: j 7j_'T___ e 7"4_=�j Mayor Attest : City Clerk Contractor Attest ? ITEMIZED PROPOSAL 1984 STORM WATER DRAINAGE PROJECT PHASE II MELODY DRIVE ITEM APPROX. UNIT NUMBER CLASSIFICATION UNIT QUANTITY PRICE AMOUNT 1.0 Grading and Excavating L.S. 2 Sco O u 20 Soo no 2.0 2' x 1' Concrete Ditch Liner vo pO (in place) L.F. 534 zo r �Q! �� 3.0 Cunnection to Existing 4.5' x 1.5' oo no Ditch Liner L•S• 30n 300 4.0 Seeding and Mulching AC. .18 7,000°—° Z�0 0v 5.0 Relocate 18" CMP (to include elbow oo in place) L.S. Soo Subtotal �� 240°� ITEMIZED PROPOSAL 1984 STORM WATER DRAINAGE PROJECT PHASE II TOWER DRIVE ITEM APPROX. UNIT NUMBER CLASSIFICATION UNIT QUANTITY PRICE AMOUNT 1.0 Removals L.S. 3 3'0 00°-0 2.0 Fz1z3ZM?=) 42" Steel Casing Under oc o0 Street QPGN I QUT L.S. 12' 750 ' 1 2,790 3.0 Lawn Restoration (With Bluegrass o_c o0 Sod) L.S. f� 000 f� DD0 Subtotal 75�� Gram Total 31) T)D CERTIFICATE OF INSURANCE Wausau Insurance Companies r.r p This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued. is certificate is not a policy or a binder of insurance and does not in any way after, amend or extend the coverage afforded by any policy erred to herein. Name and address of Insured Twehous Excavating Co . , Inc . Producer No.: 2139 Rt . #3, Hwy. 50 East Place: Columbia , MO Jefferson City, MO 65101 Date Issued: 8-10-84 Region: CUM-SL(020)-KC L� Kind of Coverage t Expiration Date Policy Number Unless otherwise indicated, this policy affords full coverage under the Workers' Compensation laws of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designoted in the policy and endorsements forjCQgrx49Q{ Compensation' 3 2-1-85 0 00 048202 V-Employers Liability. Limits of Liability Comprehensive LIJ General Liability 2-1-8 5 0725 0 0 048202 Modify Injury Property Damage Special Multi-Peril or $500 ,000 . Each Occurrence $100 ,000 . Each Occurrence Trademark(Section II only) $500 ,000 . Aggregate $100,000. Aggregate Products-Completed Operations: Included ❑ Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: I1 Included ❑ Not Covered $ Aggregate Owners',Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Contractual Liability S Each Occurrence $ Each Occurrence 'gnated Contracts $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability LJ 2-1-85 0 7 2 5 02 048202 S Per Person fiAII Owned Autos Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 5 0 0 ,060 . Per Accident $5 ,000 000 . Each Occurrence Umbrella Liability $5 ,000 0 0 0 . Aggregate Products-Completed Operations 1 2-1-85 0735 07 048202 $ 10, 000 . Retention Special Provisions/Locations/Specified Autos: If any policy described above is canceled during its term by the company or the coverage afforded by it is reduced , the company will mail notice ten (10) days before the effective date of such cancelation or change to the company named below. ADDITIONAL INSURED : City of Jefferson , 320 E . McCarty, Jefferson City , MO with respect to policy no ' s 0725 00 048202 , 0725 02 048202 , and 0735 07 048202 . JOB DESCRIPTION : 1984 Storm Water Drainage Project II . Not withstanding 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 afford- ed by the policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the term(s)thereof. tThe entry of a number in this column means that the coverage is afforded by the company designated by the some number. Issued to: Issued by (1.) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ® * City of Jefferson (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 320 E . McCarty (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY Jefferson City , MO 65101 (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY • ✓1 , % 1 , 7 Signed Authorised company Repre iaave 887 (5)15-573A