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Home My Public Portal AboutORD10007 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MI;>SOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN CONSTRUCTION COMPANY FOR THE IMPROVEMENT OF SOUTH COUNTRY CLUB DRIVE. 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 Willard Stockman Construction Company for the improvement of South Country Club Drive for the sum of $171,000-00. 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 T Approved 7 -5- Q3 r i ing f icer ATTEST: pity C1eT c UUN11tACf IUR PUBLIC WORK 'Phis Contract is iinde caul entered into this day of , 19 by and between the City of Jefferson, Missouri, (City), and (Contractor). UBMEAS, the City Council of the City of Jefferson, Missouri did on the day of 19 �3 award to the Contractor the contract of the ini4vement of South Country Club Drive NOW, THMMRE, 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 therefore: 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 Aft 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 performance of this contract of such work in accordance with the plans and specifications therefore, and estimates thereof, shall be decided by the Director of Public Works of the City of Jefferson, Missouri, or by such com- petent person appointed by the Mayor and the City 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 nn 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 ninety (90) working days thereafter. The City reserves the right at any time to suspend, re-let or order an entire reconstruction of the r work awarded and to decl�Lre the contract forfeited, but such suspention, re- letting 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 non-coiip l iance with this contract. Liquidated d,-UMges of $100.00 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 bows the prevailing hour 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 Determina- tion No. 3-026-095 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 aforemen- tioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other suthorized employee of the City. In compliance with the Prevailing Wage Law, as amended in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969, effective October 13, 1969, not less that 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 ($10.00) for each workman employed, for each calendar day, or portion thereof, such workman is paid less that 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 our of the performance of said unrk 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. Worlain n's Compensation Insurance for all of its anployees to be engaged in work under this contract. b. Contractor's Riblic Liability Insurance in the amount not less than $800,000 for all claims arising our of a single occurence and $100,000 for any one person in a single accident or occur- rence, except for those claims governed by the provisions of the Missouri Worlum-in'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 a single occurrence and $100,000 for any one person in a single accident or occurrence. 0 c: Automobile 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. 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 our of a single occurrence and $100,000 for any one person in a single accident or occurrence. No policy will be accepted which excludes liability for damage to under- ground structures or by reason of blasting, explosion or collapse e. The Certifications of Insurance furhished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be cancelled or materially changes until at least (15) fifteen days prior written notice has been given to the City. IN WHITNESS WI ERl]OF, the parties have hereunto set their hands and seals this day of 198 3 CITY OF JKFTMSON, MISSOURI By • r A7f , Vr. City Clerk ��,� ��c,�-,�,.F�•e'. � `��. By ATTEST: vOlrni COUNTRY CLUB DRIVE 1983 CURB AND GMU,I PRQJECI' APPROX. UNIT ITEM NO. ITMI DESCRIP'T'ION UNIT QUANT. PRICE MOUNT 1.0 Removals & Demolition L.S. d90 'y°'o'cc 2.0 Grading & Excavation L.S. !� Op 1 ,7600-00 w 3.0 6" Type "A" Curb & Gutter L.F. 5012.5 4.0 7" PCC or 9" AC Pavement S.Y. 9409 /�,®O S;0,9D• 00 5.0 6" PCC Drive Apron S.Y. 190 /�, .5'0 00 6.0 Crushed Stone Drive Replacement Ton 40 0-0 4" PCC Drive (4" AC) Replacement S.Y. 75 /�i ��• 8.0 Type "A" Curb Inlet Ea. 7 5�2 so.CO -9.0 Standard M.H. Junction Box Ea. 2 10.0 24" a1P (completb in place) L.F. 100 o ,/ ;?'Y, aym�.DO 11.0 18" GIP (complete in place) L.F. 30 /8,00 5-;,1O. G3� 12.0 15" 01P (complete in place) L.F. 65 / 00 CO 21" RCT Class III 13.0 (complete in place) L.F. 40 a/ Od XyO.GO 14.0 18" RCP Class III L.F. 321 (complete in place) /zo--O 15.0 15" RCP Class III L.F. 69 (complete in place) /J.� /O,�S, DO i 16.0 Seeding; & Mulching Acre 1.5 17&5, CO ad CO?.,S'O D. 0 1 CITY OF JEFFERSON —� --_¢ 320 East McCarty r GEORGE HARTSFIELD MAYOR MAYOR CITY HAIL August 5, 1983 240 E.HIGH STREET JEFFERSON CITY,MO 65101 636.7451 CITY ADMINISTRATOR CITY HALL 240 E.HIGH STREET JEFFERSON CITY,MO 65101 Mr. Lowell Denton 634-2524 City Attorney CITY CLERK P. O. Box 9960 CITY HALL College Station Texas 77840 240 E.HIGH STREET i JEFFERSON CITY.MO 65101 635.1411 Dear Mr. Denton: CITY COUNSELOR CITY HALL JE�M O WMA,MO 65101 I received a call from Ms . Jan Schwartz indicating 634-2757 that you would like to have a copy of the Petition and CITY ATTORNEY Answer in our Cable TV lawsuit. I have enclosed a copy CITY HALL of the Petition and the Motion to Dismiss. No Answer 240 E.HIGH STREET JEFFERSON CITY,MO 65101 has yet been filed. 01134-2757 MUNICIPAL COURT Several hundred pages of additional briefs and CITY ALL 240 EH HIGH STREET pleadings have also been filed in the case. If you want JEFERSON MO 65101 a copy of these additional pages, please let me know. FINANCE CITY HALL If I can be of any further assistance, please feel 240E HIGH STREET free t0 contact me. JEFFERSON CITY,MO 65101 694-4948 CITY COUNCIL Very truly yours , CITY HALL 240 E.HIGH STREET JEFFERSON CITY,MO 65101 636.4712 TRANSPORTATION Lyndel H. Porter ield CITY HALL 210E HIGH STREET City Counselor JEFFERSON CITY.MO 65101 635-M6 Tit PUBLIC WORKS LHP/su 911 E MILLER STREET JEFFERSON CITY.MO 65101 694.2455 enc. PLANNING•CODE ENFORCEMENT 911 E MILLER STREET JEFFERSON CITY,MO 65101 634.2456 FIIIE 621 W HIGH STREET JEFFERSON CITY,MO 65101 636-6282 0ocE 10 uMONROE STREET JEFFERSON CITY.MO 65101 634.2626 PARKS&RECREATION 1203 MISSOURI BLVD JEFFERSON CITY.MO 65101 awake a w � aoI U �. w °' C3 W A CD W Q CO LL. �. L w a 2r. = NPI� p4 wQ oc w D 0 3 • { sy Fidelity and Deposit Company y NOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Pe>rfo>rmonee Bond KNOW ALL MEN BY THESE PRESENTS: That.....Willard Stockman-Construction Company.,..Inc. , 1402..Stadi.um. Jefferson (nere Invert the name and address or legal title of the Contractor) ............................................. ....................... .............................. as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF NIARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto........................................................................................ C?.ty... f..Jefferson................................................................................................................................................... (here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of.....0!?.e..Hundred_.Seventy-One Thousand Ten-..and..no/100_-------------------- ------------------------------------------------------------------------------- ...............................................................................•.................----...•--.................................---......................................------. Dollars (5....171,010.00---------- )� 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............M-y..5-v.................. ..__......_._1983., entered into a contract with Owner for.....imprOvement of South Country Club Drive, . .............. . ........ ..... .............. .... ........................................•---•--......................................-•---.........................----....................---...---•-•------.......................-------• . ...................................•----•---..................................................................--............................-•-------....---..........------•---••-•---•---- in accordance with drawings and specifications prepared by.................................................................................... .....................••--------...................-----....--•--•------......-----............................--...........................-----•---•-•-----................................ (here innert full name,title and address) which contract is by reference 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 promptly 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 succession of defaults tinder 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 Inay be liable hereunder, the amount set forth in the first 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 shit under this bond trust be instituted before the expiration of two (2) years from the date on 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.........................5th.............................day of...............July........................A.D. 1983... In the presence of: Willard Stockman Construction Comp AL)Inc. ................................................................................ Principal B.y.: . --.......�f�... ............. Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND .1. .... ................................ By.......... ,.._. ..............(SEAL) e i d T1 C309e-20M,124s 199717 Approved by The American Institute of Architects,A.1A.Document No.A•311 February 1970 Edition. Fidelity and ep* osit Company HOME OFFICE OF MARYLAND BALVA10RE, AID. 21203 Labor jand Materhal Payn>ltent Bond Note: This bond N issued sirrutitancowly with Performance flond in favor of the owner conditional on the full and faithful performance of the contract, KNOW ALL MEN BY THESE PIZESE,NTS: That.....wiilard Stockman Construction Company.,...Inc..,.. 1402 Stadiurn, Jefferson City, Missouri 65101, Mere insert the name and address or legal title of the Contractor) ........................................................ ................................................................................................................................... as'Principa1, hereinafter called Principal, and PIDUITY AND DEPOSiT COMPANY OF- it , RYL, , , a corpora- tion of the State of Maryyland, with its home o(I'ice in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto.............................. ........................................................ City of Jefferson ................................. ... .................. ... .. ... .. .................................................... ., f l lets insect it.(.namr:urd arldre..or legal title of the Owlter) as Obligee, hereinafter called (honer, for the use and benelit of claimants is hereinhelow defined, in the amount of..One Hundred Seventy-One Thousand Ten and no/100------------------ -------------------------------------------------------------------------------- ................................................................. . ........ . ..................................................................................................... (11ere insert a sutra equal to at least ouc•half of the contract price) Dollars (S... for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement (late([.........July...5.a........................... ................19...83, entered into a contract with Owner for-improvement of South Country Club Drive, ................................................................................... .................................................................... ...................................................................................._.................................. •••...................................................................................................................... ............. ..................... ................. in accordance with drawings and specifications prepared b. ..................................................................................... •••......................................................................................................................................................................................... (here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDCTION of THis OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in frill force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material,or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water,gas,power, light,heat,oil,gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly,and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may site on this bond for the use of such claimant, prosecute the suit to final judgment for such stun or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal, the Owner, or the Surety above named,within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the nante of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety,at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (I) year following the date on which Principal ceased work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this.....................5th.................................dad, of-...............�uly.....................A.D. 19..83. In the presence of: i 1 1 a r d Stockman Construction Compar� I, T�nc. ..... : �i. l ... Bye- � .—Q'w ---...Prtt �................ L/ a Tille FIDELITY AND DEPOSIT CO 'IP Y OF MARYLAND ...� ..................................... 13)... .. ...... (SEAL) or ey in Fact C30904-20b1,12.75 199717 Approved by The Anterican Institute of rlrchftects,A.I.A. Uucument No,A-311 February 1970 Vdilfon, • Power of Attorney . FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE.MD. 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 C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: 'Ile 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 any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Com�any may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances. stipu ations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decre•_s,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." does hereby nominate constitute and appoint William A. Norman, Mary Ann Neutzler, David E. Presley and Joy L. Mealy, all of Jefferson City, Missouri, EACH..... . t s rue and lawful 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... . .. . . .... ..... .... . . ... ... . A–na t e 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 those issued on behalf of William A. Norman, etal, dated, July 20,1982 and on behalf of Joy L. Mealy, dated, January 13, 1981. The said Assistant Secretary does 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 hereunto subscribed their names and affixed the Corpporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this .......��nd.................day of................FebruarX.....................,A.D. 19..8!... je,,,,�� FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SCI. v '�'A.r•PA J e.................................................................... B ...................... . .u.`e................ Assistant Secretary Vice• esident STATE OF MARYLAND {, �. CITY OF BALTIMORE , On this 22nd day of February A.D.19 83 ,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•namets Vice-President and Assistant Secretary of the FIDELITY AND DEPosITCOMPANY OFMARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being b me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal 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 TESTuMOrw WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written. NOTAaT • .. .r .................. • — • Notary W 0 n Expires.Ju1X 1.x..MAO. CERTIFICATE 11 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 Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy 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. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this.....5th......... day or..................qq y......................,19.83.. 41128.—Gf.-079-5096 ..........• A"WamSecrdwy F OR Y(WR PROTEICTION LOOK FOR 'l'I I E F&D «'.I'I'I 101ARK