HomeMy Public PortalAboutORD10407 �J
BILL NO. 0 1 a O
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT WITH HEET AND RODEMAN CONSTRUCTION
COMPANY FOR THE BROAEWAY STREET WIDENING PROJECT.
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 Heet and Rodeman Construction ' CcxVmy For the
Broadway Street Widening Project for the sum of $42,752.80.
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 ddcte of its passage and approval.
AM Passed Approved S
Pr siding Officer _ Mayor
ATTEST:
CONSTRUCTION CONTRACT
THIS CONTRACT, jr
ode and entered into this day of
19 by and between Heet and Rodeman
ction CC anv 01 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: Broadway Street Widening Project -
NOW, THEREFORE, the parties to this contract agree to tha
following:
1. Manner and time for Completion. 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 contract documents and any applicable City ordinances and
state and federal laws, within Thirty (30) working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within Six,v ,(&0)
days after the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
qV 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 Fhployment 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.
5-026-084
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 enployed, 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 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 $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 workne.n's
compensation 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 compensation 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
persons 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 tmay, at
his discretion, deduct $100 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 is further provided that
Ask 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.
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.
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 same 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 tiv:reby
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
MINE
and are necessary for catpletion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
Ah rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
8. Guards and Lights. The Contractor agrees to defend,
indemnify, and save the City harmless from and against all
claims, suits and actions of every description, brought against
s 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, or arising out of the award of this contract
to Contractor.
9. Indemnity. The Contractor agrees to defend, indemnify,
and save the 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. Payment 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 payment of all materials and labor used in the
performance of this contract.
11. Payment. 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 Documents upon acceptance of
said work by the Director of Public Works and in accordance with
the rates and/or amounts stated in the proposal of Contractor
dated March 20 , 19 85 , 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 following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
13. Nondiscrimination. The Contractor agrees in the
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
Rn„rP 1 , T.nhmn,Mn�5nss 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 r,bands and seals this day of
19 5
CITY OF JEFFERSON, MISSOURI
BY
MAYOR
ATTEST:
CITY CLERK'
CONTRACTOR
By yCOCO
Title:
ATTEST:
: F
00t .,
f. �✓ r;1
SEMWARY
i
NAME AND ADDRESS OF AGENCY
SON VINCENT INSURANCE AGENCY COMPANIES AFFORDING COVERAGES_
0. Box 356 COMPANY
Jefferson City, MJ 65102 tFTTER A United Fire & Casualty Company
COMPANY
tET7ER Western Casualty & Surety
NAME AND ADDRESS OF INSURFU
COMPANY p -
Heet & Rodeman Construction Co., Inc. LETTER %/
Route #1 — --
Lohcttan, MO 65053 COMPANY D
LE ST LH
COMPANY
LETTER fcr thm rv�l{�> rI 1I1d1 .
This is to certify that policies of insurance listed below have been issued to the insured named above��,��`-�—''�No thstanding 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 afiarded by the policies described herein is subject to all the
terms,exclusions and conditions of such policies.
COMPANY Policy imits of Liability in Thousan s t
LETTER TYPE OFINSURANCF POUCYNUMBER Y EACH AGGREGATE
Period _ OCCURRENCE
GENERAL LIABILITY
BODILY INJURY $ S
21 COMPREHENSIVE FORM
®PREMIS ES-OPERATIONS 8-1-84/ PROPERTY DAMAGE S 1
A E]EXPLO�D AND COLLAPSE 88-015 627
R1 UNDERGROUND HAZARD 8-1-85 —
M PRODUCTS/COMPLETED
OPERATIONS HAZARD BODILY INJURY AND
®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 1,000 $ 1,000
BROAD FORM PROPERTY COMBINED
DAMAGE
INDEPENDENT CONTRAC70RS
PERSONAL INJURY 1,000
PERSONAL INJURY Q
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON) $ 100
❑ COMPREHENSIVE FORM 3-15-85 BOD'LY INJURY $ 880
B (xD('''� OWNED UF594 06 38 / (EACH ACCIDENT)
J HIRED 9-15-85 PROPERTY DAMAGE $ 0^
BODILY INJURY AND
NON-OWNED PROPERTY DAMAGE $
_ COMBINED
EXCESS LIABILITY
� BODILY INJURY AND 1,000
lnJ UMBRELLA FORfd 7-26-74/ PROPERTY DAMAGE $ S 1,000
A OTHERTHANUMBHELLA 27-012 204 COMBINED
FORM 7-26-85
WORKERS'COMPENSATION STATUTORY
A and -10-070 083 3-1-85/ S
EMPLOYERS'LIABILITY 3-1-86 100 fACHACCIDENTI
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLEs Additional Named Insured on Policy #UF594 06 38 and Liability por-
tion only of Policy #88-015 627: City of Jefferson, Department of ,Public Works - John G.
Christy Municipal Building - 320 East McCarty Street - Jefferson City, Missouri 65101.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail tPn days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the cornpany,. this agency or it's
representatives.
NAME AND ADDRESS or CERTIFICATE Hot DER
City of Jefferson DATE Issu(D__ __._ 4-2-$
Department of Public Works
John G. Christy Municipal Building 320 East McCarty Street A 11 J14 -
Jef ferson City, MO 65101
ACORD 25(1.79)
BondNo.............................
Fidelity and Depo sit Com
I an
HoAfE 0FFrCE OF MARYLAND BALTIMORE, MD. 21203
Performa nee Bond
KNOW ALI, MEN BY THESE PRESENTS:
Heet & Rodeman Construction Co.
That....................................................................................................................... ..............................................
e ank6lreg�rdpStltle of the Contractor)
Rt #.Ve-T7j1-,m"eXiT D
...............................................!...........2.....................I...........................................................................................................
as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
h hiafter called Surety, are held and firmly bound unto......�-_y..pf..Jefferson. .............................
her G. McCarty ....................Jeff Jefferson Cit
Jo Christy Municipal Building 320 E
.................... ...... MO 65101
............................................................................................. .. ..............n.............................. .........7 ....
(Here Insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount offqrty....two..thousand...seven hundred...f.i.f.ty...two...dqllrs...and......
eighty cents
............................................................................................................................................................................................
Dollars ($.......42.,.7.52...80.....................), for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated............. ..................................19U..,
entered into a contract with Owner for...........................Widening... ...$tr
................... . - ..........................
............................................................................................................................................................................................
............................................................................................................................................................................................
in accordance with drawings and specifications prepared b Engineer, City of Jef f erson
w . ................:.........................................................
Christy Municipal Building 320 E-...McC..x y Jefferson City?
Nq...65101
(Here insert full name.title and address)
0 ...................................................................... .........................................
which contract is byseference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor
shall romptly and faithfully perform said contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi-
tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and Owner, and make available as work progresses (even though there should be
a default or a succe3sion of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount
set forth the firat paragraph hereof. The term "balance of the contract price," as used in this para-
graph, shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date oil
which final payment under the contract falls due.
No right of action:shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs,executors, administrators or successors of Owner.
Signed and sealed this...............1�t.......................................day of......... ...............................A.D. 19.A-�..
In the presence of:
-A-,644....... ....... .......(SEAL)
.17 ..................................... .....................Pr.ific.ipal....................
President
.00 Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
............ B ... ....Q......... .. ............(SUAL)
'rte.. -
_' WF Title
Aft Attorney Fact
C309f-40M,3.60 210202
Approvvd by 71w Amertma Institute of Architect,A.1.A.Document
No.A411 February 1970 Edittgn.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Aft HOME OFFICE,9ALf1MORE,MO.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the
State of Maryland, by C. M. PECOT, JR. ,Vice-President,and L. C. WAYMAN, JR.
Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the Bylaws 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,shall have power,by and with the concurrence,of the Secretary
or soy one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Feet as the business of the
Comppany may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,tecognixances,
atipula►ions,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the natureof
mortgages.... end its affix the seal of the Company thereto."
does hereby nominate constitute and appoint Nelson J. Vincent, Larry A. Vincent and Mary M.
Stevens, all of Jefferson City, Missouri, EACH. . . . . . . . . . . . 5--
e an aw u agent and Attorney•in•Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as
its act and deed: any and all bonds and undertakings, each in a penalty not to exceed
the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000). . . . . . . . . . . . . . . . . . . . .,,.,_-..v
n t ie 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 that issued on behalf of Nelson Vincent, dated,
September 17, 1969.
The said Assistant Secretary doet 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 heretttnto subscribed their names and
affixed the Corporate Seal of the -aid FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ........1st...................day
of....................August......................... A.D. 19.83....
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
AIIIII° ATTEST:
SEAL
........................ ........ ............. By ............................. �...,................
STATE OF MARYLAND SS:
AssiWaan Secretary Vice-President
j
CITY OF BALTIMORE
On this 1 S t day of August ,A.D. 1983 ,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-named Vice-President and Assistant Secretary of the FIDEUTY AND
DEPOSIT COMPANY Or MARYLAND.to me eersonally known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution of the same, ind Leiug by mr duly rwarn.severally and cash for himself deposeth and saith.that the),are
the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seat 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 r first above written.
�: ego .. ...... ....... ... ..:.... ;..........................................
�•aaTAa,�j '`' Ju 1 1 1986
• — jotasry Pub]' mission Expires..........y......a.............
�;►true eo
CERTIFICA'T'E
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 I do further certify that the
Vice-President who executed the said Power of AFtorney was onr of the additional Vice-Presidents specially authorized by the Board of Directors to
appoint any Atlurneyin-Fact as provided in Article VI,Section 2 of the By-laws of the FIOUITY AND DEPOSIT COMPANY OE MARYIAND.
This Certificate may be signed by farsimdr under and by authority of the following resulutiors of the Board of Directors of the FIDELITY AND
DEPOSIT COMPPI OF MARYLAND at A meeting duly called and held on the 16th day of July.1969.
RESOL%i"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or
hereafter,wherever appearing upon a certified roppy of any Bower of attorney issued by the Company,shall be valid and binding upon the Company
with the same force and effect as though manually affixed.' 2th
IN TE571ii WiWall I have hereunto sub,cribed my narne and affixed the corporate sad of the,swid Cumpany.this.....:................. day
of............A.pril........................ . 19......54
Lieu-ca.-079-51 15 ....I......... ........ .........Aisist arIv .....
ry
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