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HomeMy Public PortalAboutORD10883 BILL NO. 87--71 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. /b4C ,?.3 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS CONTRACTORS, INC. , FOR THE REPLACEMENT OF THE JEFFERSON STREET BRIDGE. BE IT ENACTED BY THE 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 Contractors, Inc. , for the replacement of the Jefferson Street Bridge, for a sum not to exceed $183,023.65. 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 �� l 7, Approved g��� , Presidi VPOf ficer Mayor ATTEST: City Clerk BRO- CONTRACT AGREEMENT THIS AGREEMENT, made and entered into by and between the City of Jefferson 9ssouri7 T ereina ter referred to as t e Owner , and ____..__. Twehous Contractors, Inc, of Osage Beach , Missouri (hereinafter referred to as the on rac Tor . WITNESSETH: That for and in consideration of the acceptance of Contractor's bid and the award of this contract to said Contractor by the Owner and in further consideration,of the agreements of the parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is agreed between the. parties as follows, to wit: The Contractor at his own expense hereby agrees to do or furnish all labor, materials, and equipment called for in the proposal designated and 'marked: ari dcie Replacement Program BRM-3114(501 ) City of Jefferson aridle No. 218RO2.3 on Jefferson Street and agrees to erform all the work required by the contract as shown on the plans and specifications. The "Notice to Bidders", "Plans", "Proposal ", "Contract Bond", "Missouri Standard Specifications For Highway Construction, 1986", "General and Job Special Provisions", "Notice to Proceed", and all change orders are made 'a part hereof as fully as if set out herein. It is understood and agreed that, except as may be otherwise provided for by the "Special Provisions" included in. the Proposal , the work shall be done in accordance with the "Missouri Standard Specifications For Highway Construction, 1986". Said Specifications are part and parcel of this contract, and are incorporated in this contract as fully and effectively as if set forth in detail herein. The Contractor further agrees that he is fully informed regarding all of the conditions affecting the work to be done, and labor and materials to be furnished for the completion of this contract, and that his information was secured by ,• personal investigation and research and not from any estimates of the Owner; and that he will make no claim agaist the Owner by reason of estimates, tests, or representation of any officer, agent, or employees of the Owner. The said Contractor agrees further to begin work not later than the authorized date in the Notice to Proceed, and to complete the work within the time specified in the proposal or such additional time as may be allowed by the engineer under the contract. 11 4 . w The work shall be done to complete satisfaction of the owner and, in the case the Federal Government or any agency thereof is participating in the payment of the cost of construction of the work, the work shall also be subject to Inspection and approval at all times by the proper agent or agents of such government agency. The parties hereto agree that this contract in all things shall be governed by the laws of the State of Missouri . The contractor agrees that he will comply with all federal and state laws and regulations and local ordinances and that he will comply and cause each of his subcontractors, if any, to comply with all federal and state laws and federal regulations and directives pertaining to nondiscrimination against any person on the ground of race, color, religion, creed, sex, age, ancestry, or national origin in connection with this contract, including procurement of materials and lease of equipment therefor, in accordance with the special provisions on that subject attached hereto, incorporated in and made a part of the contract. The Contractor expressly warrants that he has employed no third person to solicit or obtain this contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement; and that he has not paid, or promised or agreed to pay, to any third person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission or percentage upon the amount receivable by him hereunder; and that he has not, in estimating the contract price demand by him, included any sum by reason of any such brokerage, commisison, or percentage; and that all moneys payable to him hereunder are free from obligation of any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. lie further-agrees that any breach of this warranty shall constitute adequate cause for the annulment of this contract by the Owner, and that the Owner may retain to its own use from any sums due or to become due hereunder an amount equal to any brokerage, commission, or percentage so paid, or agreed to be paid. The Owner agrees to pay the Contractor in the amount of One hundred three- thousand twent three&65 100 Dollars ($ 183,023 .65 ) as u �ompensatVon 76r iie performance o work embraced in this contract, subject to adjustment as provided for changes in quantities and approved change orders. 12 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and affixed their seals, this v w 16. 19&7 at Date t�� Missouri. ATTEST: (SEAL) ��+✓ wn 7r y C/er o tory wner ATTEST: (SEAL) Contractor By By Certificate of fneumnco 1I00 CE IsiCAYU 0 MURD At A NATTER Of INFORMATM ONLY AND CONFER&NO MQ"TC YFON YIOI/THE QEATIFICATE HOLDER,THtO CROMPICATE Rb NOT AN INBURANCE PMXY AM DOES NOT AMEND,tMND,OR ALTER THE COYE1lA0E AFFORMD DT THE P@L►CIEL!LWID DELOIY. This Certificate Voids and Supersedes Certificate Dated 9/17/87. This is to Certify that '-' � Name and LIBERTY ... address of MUTUAL of TWehous Contractors, Inc. Hwy. 54 Insured. tstr,w,w,es,twct Olen eY,,,h r,4 ttaawtea t.�ml.n ter.rtrca�or,ce-ftn,o W Osage Beach, MO 65065 L b,at the metes date of this certificate, insured by the Company under the policy(ties)listed below •The insurance aftofded by the listed pol,cy(tos;is subject to oil their terms,stldus,ans and conditions and is not altered by any requirement,term or condition of any contract or other document with respset to which this certificate may be imusel _ TYPE OF POLICY CERT. FXP, DATE POIICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COV. B LAW OF THE FOLLOWING STATES: BCIDILY INJURY BY ACCIDENT WORKERS' 10/1/87 WC2-141-046645-066 MO $ 1 go,000 EA. ACCIDENT BODILY INJURY BY DISEASE COMPENSATION $ 100,000 EA. PERSON BODILY INJURY BY DISEASE $ 50O 000 POLICY LIMIT COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE ® FORM 10/1/87 G1-141-046645-056 EACH EACH SCHEDULE FORM ' $ 1,000,000 OCCURRENCE $ 500,000 OCCURRENCE PRODUCTS COM• } O tETED OPERATIONS < $ 1,000,000 AGGREGATE $ 500,000 AGGREGATE Uj tZ Q INDEPENDENT CON- COMBINED SINGLE LIMIT 0'' ® TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE $ EACH OCCURRENCE LIABILITY TUA!PROTECTIVE ® OOB $ AGGREGATE 11TY 0 O} Cl OWNIED 10/1/87 AS1-141-046645-•046 $1 ,000,000 EACH ACCIDENT-SINGLE LIMIT.B.I. AND P.D. COMBINED ® NON-OWNED $ EACH PERSON EACH ACCIDENT EACH ACCIDENT J �( HIRED $ OR OCCURRENCE $ OR OCCURRENCE Umbrella 10/1/87 LEI-141-046645-036 Excess Limit: $1 ,000,000 Excess Liabili y O LOCATION(S)OF OPERATIONS d JOB R(If Applicable) DESCRIPTION OF OPERATIONS 'NOTE You will NJl be nonhtra onnuolly of the con,rnvanon of,his coverage You will be noo6ea if ton coverage is terminated or reducoa NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR RFDICE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: 0 City of Jefferson ___ AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER-1 9121187 ss St.�Otlilli DATE ISSUED OFFICE. (� ion rorohcoto o e.ecuted Lose OWTY MUIUAI INSURANCI COMPANY at rttpout wci in.u,once of n oflordsd by Pool Cumpuo,,,t q orenaed b, 0KIllY MUTUAL rikl INSUkA.NCI COMPANY o. 'etil lua,interim•at n off cooked b, Thus Compnrq,so is o.orutod by IIWRTY INSURANCE CORPORATION as re,ppctt tuch ir,twance of n oftordad Lot Phw Cnmponw BS 745 Bond # 0750-15-049797-C, BRO- CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we Twehous Contractors, Inc. R.R. 3, Osage Beach, MO 65065 as principal , and ( BONDING CO.) Employers Insurance of Wausau A Mutual Company as surety, are hela and firmly Bound unto the City of Jefferson , (Owner) in the penal sum of One Hundred Eighty Three Thousand, Twenty Three Dollars and Sixty Five Cents DOLLARS ($ 183,023.65 ) � aw u money of the United States, to a paid to the said Owner or to its certain agents, attorneys, assigns, for which sums of money, will and truly to be paid, we bind ourselves, our heirs, successors, assigns, executors, and adiministrators, jointly and severally, firmly by these presents. SEALED with our seals and dated September 16, 1987 The condition of this obligation is such that WHEREAS, the said bounden principal has entered into a certain contract with the _City of Jefferson acting by and through wner the said contract being AGENCY marked: Bridge No. 218RO2.3 on Jefferson Street - City of Jefferson Bridge Replacement Program BRM-3114(501) a copy of said contract being hereto attached and made a part hereof and bearing date of September 16, 1987 NOW, THEREFORE, if the said principal shall comply with and fulfill all the conditions of said contract, including those under which principal agrees to pay the prevailing hourly rate of wages for each craft or type of workman required to execute the contract in the locality as determined by State and Federal authority, as applicable, or by final judicial determination, and properly and promptly completed work in accordance with the provisions of said contract, plans, and specifications without any hidden defects, and furnish all the labor and materials required by said contract, and any and all changes in, or additions to said contract, which may hereafter be made, and shall perform all the undertakings stipulated by said bounden principal to be performed and within the time mentioned in said contract, or within any additional time granted by the owner, or its engineer, under the authority from said o*,ner, which may be granted without notice to or consent from the surety, and shall pay for all materials, lubricants, fuel , coal and coke, repairs on machinery, groceries and foodstuff, equipment and tools consumed or used in connection with the construction of such work, and all insurance premiums, both compensation, and all other kinds of insurance, on said work, and for all labor 14 'performed in such work, whether by subcontractor or claimant in person or by his employee, agent, servant, bailee, or bailor, then this to be void; otherwise it shall be and remain in full force and effect. ATTEST: (SEAL) .,� Twehous Contractors, Inc. cr a tary � Prt_n-_c-,�-i.-p�a��r By: 01 By: e 51P eAf T .,�,.. ( lit e Employers Insurance of Wausau A Mutual Company Surety ATTEST: (SEAL) By: By: Bonnie S. Caruthers (Title) Attorney-in-Fact R. B. Grashof.£ Address - Missouri Agent St. Louis, :Missouri city Name and address of Agent to Whom All Correspondence Should Be Directed Relating to the Contract and Bond. Any corrospondenJAWatlon to this bond should be directed to; surety Department Wausau Insurance Companles 2000 W,fstwoo Wausau,Wls fjMee4j01 ty, tae " 15 No. 207-027- 0 0 0 412 EMPLOYERS Ii SURMCE OF Va/AIJS,A J A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint BONNIE S. CARUTHERS _ its true and lawful attorney-in-fact,with full power and authority 33 hereby conferred in its name,place and stead,to execute, OBI.IGATiONSiNTHENATURE'IHEREOFB NOT'TO�(CjEDIIYFiE Ri���NI ��SSJ�,(�'��FLRj�ITTEN Z FIVE HUNDRED THOUSAND DOLLARS ($2,500,,000). P SS �IVV++�v 0 w and to bind the corporation thereby tit;fully and to the same extent as if such bonds were signed by the President,sealed with Cr the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said Z attorney-in-fact may do in the premises. 1 QThis power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a ] meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: 2 "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying < the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, Z and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company:' W "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect LU to any bond, undertaking or contract of suretyship to which it is attached:' 2 iN WITNESS WHEREOF,EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company has caused these presents to be LLJ F- signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day of JULY , 19—Z. �• (!J ,;! :� EMPLOYERS INSURANCE OF USAU A Mutual Company cc F- '•.SEAL f) By fYc R.C. Retterath Senior Vice President ZAttest: IM i Q0 R.J. B stcman Assistant Secretary STATE.OF WISCONSIN ) tl )ss. 0 COUNTY OF MARATHON ) W On this_ 1sT day of' .It li Y 19 87 before me personally came O R.C. Rettcrath to me known,who being by me duly sworn,did depose d and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in and which executed the above instrument:that he knows the seal of said corporation,that the seal affixed to said instrument is such corporate J seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. jIN WITNESS WHEREOF.I have lwreunto set my hand and affixed my official seat the day and year herein first above written. 4 O Z C/) Patricia A. Kiernan Notary Public U) NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES JUNE 3, 1990 STATE OF WISCONSIN 1 CERTIFICATE (TTY OF WAUSAU COUNTY OF MARATHON 1 I, the undersigned, assistant secretary of EMPLOYERS iNSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED iNK,remains in full force and has not been revoked;and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 16th _ day �a R.J. Besteman Assistant Secretary NOTE: iF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE(800)826•1661.(!N WISCONSIN,CALL(800)472.0041).