HomeMy Public PortalAboutORD10892 BILL NO. 87-88
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. 16 Fq.2-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERIC TO EXECUTE: AN AGREEMENT 'WITH UNITED HRB
GENERAL CONTRACTORS, INC. , FOR INSTALLATION OF UNDERGROUND
CONDUIT IN DOWNTOWN AREA.
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 United HRB General
Contractors, Inc. , for installation of underground conduit in
downtown area for a sum not to exceed $7,800.00.
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.
Mh Passed ��� .��;7- 17, /?��'I Approved
Presidi fficer � Mayor
ATTEST:
City Clerk
'M
CONSTRUCTION CONTRACT
THIS .ONTRACT, made and entered into this day of
19M. by and between United HRH General
Contr ctors, Inc. 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: 4" Conduit for Signal and Street
Lighting Electric Service. _
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 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.
2 . Prevailing 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 eimilar 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 Employment 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.
7-026-133 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
in connection with the *cork 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 employed, 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 workmen'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
Aft 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 requ-fired 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
MIMES
by anyone directly or .indirectly employed by the
Ask 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. 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 propexly 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.
6. City's Right to Proceed. In the event this contract is
'terminated pursuant to Paragraph 5, 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 thereby
occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such
materials, appliances and structures as may be on the work site
and are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
7. 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
N
subcontractors, or arising out of the award of this contract to
Contractor.
8. 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.
9. 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 July 161 1987, 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.
10. 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 Proposal 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.
11 . 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.
12. 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
P.O. Box 1214, Jefferson City, MO_ 65102 _. The date of delivery of
d
any notice shall be the second full ay after the day of its
mailing.
13. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
14. IN TESTIMONY WHEREOF, the parties have here nto set
their hands and seals this /l day of�+� •
19m.
CITY OF JEFFERSON, MISSOURI
YOR
ATTEST:
CITY CLERIC
CONTRACTOR
By
Title:
ATTEST:
SECRETARY
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a w w a Btndei No.
NAME AND ADDRESS 00'AGFNGr COMPANY
Winter-Dent & Co. United States Fidelity & Guaranty___
P.O. Box 1046 Ffiective 12:01 a rte —8-27 19 87
Expce5 [}�' 14-:01 am [_,I Noon 8-27 19 88
Jefferson City, Mo. 65102 ------- -- — —
❑This binder is issued to extend coverage in the above named
company per expiring policy N
le.rcpt as noted bniowl
NAME AND MAILING ADDRESS OF INSUPFD T Description of OperationlVohicleslProporty�
City of Jefferson
e. 320 East McCarty Owners Protective Liability
Jefferson City, Mo. 65101
v
Type and Location of Property Coverage I Pori IsIForms Amt of Insurance Ded. coins.
P
R
0
P
E
R
T
^y
n
Type of InsurancF, Coverage/Forms -- Limits of Liability
Each Occurrence Aggregate
L
❑ Bodily Injury $Scheduled Form � Comprehensive Form Owners 100,000. $ 800,000.
❑ Premises/Operations Protective
Property Damage $ n n $
L LJ
Product slCompleted Operations Liability
❑ Contractual Bodily Injury &
Y ❑ Other (specify below) Property Damage $ $
❑ Med.Pw!. $ Per $ Per Combined
Person Accident
❑ Personal Injury _ ❑ A Personal Injury $�_�B C
Limits of Liability
A El Liability El Non-owned ❑ Hired Bodily Injury(Each Person) $
Y' ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $
0 El Collision•Deductible $
M Property Damage $
0 ❑ Medical Payments $
I ❑ Uninsured Motorist $
L ❑ No Fault (specify): Bodily Injury & Property Damage
E
❑ Other (specify): Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONS/OTHER COVERAGES
JOB: UE Utility Relocation
United H.R.B. General Contractors, Inc., P.O. Box 1214, Jefferson City, Mo. 65102 is
NAME AND ADDRESS OF ❑ MORTGAGEE L.OSSPAfEE ❑ ADO'I.INSURED
LOAN NUMBER
--f, 2 28f-27-87
Signature f Au orized Representative Dato
AGORD 75(11177
tc T_m - m.or ISSUE DATE(MMIDD/YY)
_8_-27_-_8_7_
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RKiHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OW ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Winter-Dent & Co.
P.O. Box 1046 COMPANIES AFFORDING COVERAGE
Jefferson City, Mo. 65102
COMPANY A United States Fidelity & Guaranty
COMPANY
INSURED LETTER
United H.R.B. Genera. Contractors COMPANY
P.O. Box 1214 LETTER
Jefferson City, Mo. 65102 COMPANY D
LETTER
COMPANY E
LETTER
s
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
A POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE POLICY NUMBER DATE IMMOaYVI DATE IMFI/UD/YYI EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
A COMPREHENSIVE FORM MP085740380 7-1-87 7-1-88 INJURY $ 500, $ 500,
PREMISES/OPERATIONS PROPERTY
X UNDERGROUND DAMAGE $ $
EXPLOSION a COLLAPSE HAZARD 2550,000. XC Property Cie}
PRODUCTSICOMPLETED OPERATIONS
X CONTRACTUAL BI a PD
COMBINED $ $
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $ .5500,
AUTOMOBILE LIABILITY Emily
}{ ANY AUTO IPiRRPERSON) $ 500,
A X ALL OWNED AUTOS(PRIV. PASS.) BAPO$6777439 7-1-87 7-1-88 WIY
X ALL OWNED AUTOS OTHER THAN iFRA=ENT) $ 500,
PRIV. PASS. _
X HIRED AUTOS PROPERTY
X NON-OWNED AUTOS DAMAGE $ 250,
GARAGE LIABILITY
BI a PD
COMBINED $
EXCESS LIABILITY
A X UMBRELLA FORM CEP094357934 7-1-87 7-1-88 COMBNED $5,000, $ 5,000,
OTHER THAN UMBRELLA FORM _
WORKERS'COMPENSATION STATUTORY
A AND 7000369876 7-1-87 7-1-88 $_100, (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ 500, (D)SEASE•POLICY LIMIT)
$ 100, (DISEASE•EACHEMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
JOB: UE Utility Relocation
City of Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
320 East Cdrt PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
i y MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, Mo. 65101 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
__OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHOR1iFD REP SENTATIV
M t II �w
1
_ V
CONTRACTOR'S SUPPLEMENTARY PROPOSAL
TO BE SUBMITTED TO
UNION ELECTRIC COMPANY
Bidder United HRB General Contractors, Inc. Date July 16, 1987
The Contractor is requeste dto submit this separate lump sum bid price to cover the
installation of a quantity of 4" schedule 40 conduit for the City of Jefferson.
The bid is to be for installation of the conduit only & will not cover any ex-
cavation, backfilling, patching, etc. or any other costs. The City will provide
the conduit and related fittings which the Contractor will need to haul to the
job site from City storage areas and it will be installed during the project
along with the other ducts at locationsxhich will be described below.
The Successful bidder will contract separately with the City for this work and
"Prevailing Wage Rate" requirements will be in effect.
The following is a description of the work to be performed:.
One (1) 4" schedule 40 duct for the City is to be installed for the entire project
length. This duct is not actually shown on the plan & profile sheets but is shown
on the various 8V x 11" cross section sheets, 1-X through 63-XX and is identified
as "JC4". A lump sum bid is to be submitted based upon installing a total length of
of 5,200 feet of 4" duct.
It actually begins near the curb on Broadway Street just left of centerline Sta.
0+10 on P & P sheet UE-1 and ends near the curb just left of centerline Sta.
34+45 on P & P sheet UE-5. At beginning and end, this 4" duct is to be capped
flat below grade for future utilization.
Union Electric has ducts for the entire length of project and everywhere U.E. has
any ducts in the main trench the City is also to have this 4" duct. This 4" duct
will not enter into the 6 large UE manholes but will enter and leave all 25.. U.E..
service boxes.
A no. 12 copper tracer wire is to be installed in this 4" duct for the entire
t
Page two
Oontractor's Supplementary Proposal
project length. This wire is to extend 3 or 4 feet into each end of the 25
U.E. service boxes and will not be joined together-inside these service boxes
but 2 or 3 feet should be coiled up .inside the boxes for future use.
p 0
Contractor's lump sum bid price $ �, Q�0• �`
United HRS
General Contractors, Inc.
Date Ju3y.:16, .1987
Name of Contractor
S' ature and title
oger J. Adrian
President