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HomeMy Public PortalAboutORD10015 BILL NO. �3' �`►° SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH FRED A. LAFSER, D/B/A RIVER CITY FLORIST AND GREENHOUSE FOR THE INSTALLATION OF INTERIOR PLANTSCAPE IN THE JOHN G. CHRISTY MUNICIPAL BUILDING. 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 Fred A. Lafser, d/b/a River City Florist and Greenhouse for the installation of interior plantscape in the John G. Christy Municipal Building for the sum of $4, 215 . 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 �83 Approved Z' re ding jMayor ATTST: QAp, City Clerk CONTRACT FOR INSTALLING INTERIOR PLANTSCAPE IN THE JOHN G. CHRISTY MUNICIPAL BUILDING JEFFERSON CITY, MISSOURI This contract is entered into this _�_ day of , 19 Z-3 , by and between the City of Jefferson, Missouri Party of the First Part, and ��- u't-, ,��z �� �u� / oi, _4LParty of the Second Part. WHEREAS, the City Council of the City of Jefferson, Missouri, did on _�-_-- day of �`�cf�Zv� ' 19 V3 , award to the Party Second Party, .A-* the contract for the installation of the interior plantscape work for the John G. Christy Municipal Building. NOW, THEREFORE, for and in consideration of the awarding of this contract and the work thereunder by said First Party hereto, the City of Jefferson, Missouri, to the Second Party, Fred Lafser, d/b/a/ River City Florist and Greenhouse the said Second Party does hereby contract and agree to do and perform said work, above specified and referred to and to accept payment therefore in the following manner: Lump Sum payment of the total contract amount shall be due to the Contractor two weeks after all work has been satisfactorily completed. Payment to the Contractor shall be subject to receipt of a statement from the Contractor which specifies the amount due and payable. The maximum sum to be paid under this Contract is an amount not to exceed $ 4 . 215 NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, and this contract is entered into subject to all existing ordinances, plans and specifications for such work on file in the office of the City Clerk, and which shall be considered a part and parcel 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 therefor, and estimates thereof, shall be decided by the Director of Planning and Code Enforcement, of the City of Jefferson, Missouri, or by such competent persons 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 Planning and Code Enforcement. The Con- tractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully com- plete the project work within sixty (60) calendar days after the date established in the Notice to Proceed. In the case of improper workmanship the City reserves the right at any time to suspend, re-let or order an entire reconstruction of the work awarded and to declare the contract forfeited; but that such suspension, re-letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accuring or due it by reason of the Contractor' s non-compliance with this contract. Liquidated damages of ten ($10.00) dollars per day will be assessed against the Contractor for each day the work covered remains incomplete following the completion date or extension thereof. The Second Party agrees to replace immediately any plants showing signs of deterioration within a period of two (2) weeks from date of installation. The Second Party agrees to completely indemnify and hold harmless the City of Jefferson 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 Second Party, or third parties in no manner connected with said work. During the prosecution of the work, the Second Party be responsible to all damage or injury to any property that results from any act, omission, neglect, or misconduct in his execution of the work. He shall be responsible for all damage or injury due to defective work or materials. Repair or replacement of damaged or injured property shall be at the Second Party' s expense and shall be similar or equal to that existing before such damage or injury occurred. The Second Party shall keep the work site reasonably clean and shall be responsible for clean-up of the work area at the end of each working day. The time for completion of work is sixty (60) calendar days. The starting time shall be specified in the "Notice to Proceed. " All interlineations, corrections , deletions and changes herein have been made prior to the execution of this contract. 2 - IN WITNESS WHEREOF, the parties have hereunto set their • hands and seals this day of , 19 i , • CITY O EFFERSON, MISSOURI By Mayor A TEST. Cit Clerk By Contractor This contract, executed in duplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, and the other being retained by the Party of the Second Part. g NAUGHT-NAUGHT Agency ® Insurance ® Bonds TELEPHONE:(314)634-2727 (Jefferson City,Mo.) August 11, 1983 CITY OF JEFFERSON 320 East McCarty Jefferson City, MO 65101 Attention: Dick Preston RE: River City Florist & Greenhouse Certificate of Insurance Dear Mr. Preston: Affik As per our telephone conversation of today, this is to notify we have changed the description of locations covered on our copy of the certificate issued for River City Florist & Green- house to include 320 East McCarty, Jefferson City, Missouri, and you are to correct the original to read the same. Sincerely, NAUGHT-NAUGHT INSURANCE AGENCY Carmen Rikard RECEIVED AUG 121983 PLANNING b CODE ENFORCEMENT EI,DON,MO. JEFFERSON CITY,MO. CARROLLTON,MO. 3rd&Oak • P.O.Box 1768 • P.O.Box 56 BOND N0. NR210779 PERFOPI-IANCE BOND KNOW ALL MEN BY THESE PRESENTS , that we, the undersigned RIVER CITY FLORIST & GREENHOUSE hereinafter referred to as "Contractor" and HARTFORD ACCIDENT AND INDEMNITY COMPANY a Corporation organized under the laws of the State of Connecticut , and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the CITY OF JEFFERSON hereinafter referred to as "Owner" in the penal sum of Four Thousand, Two Hundred Fifteen and no/100 - - - - - - - - - - DOLLARS ($ 4,215.00 ) , lawful money of the United States of America for the payment of which sum, well and truly to be made, we bid ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT: WHEREAS , the above bounden Contractor has, on the 5th day of August , 19 83 entered into a written contract with the aforesaid Owner for furnishing all materials, equipment , tools, superintendence, labor, and other facilities and accessories for interior plantscape work for the John G. Christy Municipal Building as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifica- tions and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW, THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications , Plans and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said Contractor shall replace all defective parts, materials and workmanship for the periods specified' in the Specifications by the Owner then this Obligation shall. be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances , provisions , provender gasoline, lubricating oils, fuel oils , greases , coal repairs , equipment and tools consumed or used in said work , groceries and foodstuffs, and all insurance premiums , compensation liability and otherwise, or any other supplies or materials used or consumed by such Contractor or his , their, or its sub-contractors in per- f f 1 • . formance of the work contracted to be done, the Surety will ` pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of*- time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same , shall in any way affect its obligations " on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the Specifications: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its attorney-in-fact duly authorized thereunto to do so, at on this 5th day of August 19 83 HARTFORD ACCIDENT & INDEMNITY CO. RIVER CITY FLORIST & GREENHOUSE Surety Company Contractor Alk By By (Seal) (Seal) G 8y 7; BY Attorney-iii-Fact (Seal) State Representative (Seal) (Accompany this bond with Attorney-in-Fact' s authority from the Surety Company certified to include the date of the bond) . HARTFORD ACCIDENT AND INDEMNITY COMPANY 840013 Hartford,Connecllcul POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COM- PANY,a corporation duly organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford, County of Hartford. State of Connecticut, does hereby make, constitute and appoint THOMAS S. NAUGHT, DOROTHY M. BAKER and MARRY D. NAUGHT of JEFMSON CITY, MISSOURI its true and lawful Attomey(s)An-Fact,with full power and authority to each of said Attomey(s)-in-Fact,in their separate rapacity if more than one is named above,to sign,execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding aces of public or private trust;guaranteeing the performance of contracts other than Insurance poll- P' guaranteeing the of of insurance contracts where surety bonds are accepted by states and municipal- ities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, in penalties not exceeding the sun of ONE MILLION DOLLARS ($1,000,000.00) each, to bind the and undertakings and ACCIDENT otherr writingslobNga orym nCtheMnat�ure thherreoofywere signed byoan Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers,and hereby ratifies and confirms all that its said Attorney(s)An-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1)By-Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meet- ing duly called and held on the 10th day of February, 1943. ARTICLE IV SECTION 8. The President or any Vice-President,acting with any Secretary a Assistant Secretary,shall have power and authority to appoint, fa purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, one or more Resident Vice-Presidents,Resident Assistant Secretaries and Attomays-in-Fact and at any time to remove any such Resident Vice-President.ResIdeM Assis- tent Secretary.or AUorney-in-Fact,and revoke the power and authority given o him. SECTION 11. Anomeys-in-Fad shall have power and authority,subject to the terms and limitations of tho power of attorney Issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Atorney-in-Fact shall be as binding upon the company as if styled by an Exewbve Officer and sealed and attested by one other of such Officers. (2)Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEM- NITY COMPANY duly called and held on the 11th day of June, 1976: RESOLVED:Robert N.H.Senor,Assistant Vice-Presidennt and Thortras F.Delaney Assistant ViProsidoM,shall each have as long as he holds such office any the sane power as y VVice-president under Sections 8,7 and 8 of A ce- Article IV of the By-Laws of the Company. This power of-attorney is si,tied and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the RTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 6th day of August, 1976. RESOLVED,That.whereas Robert N.H.Sorer.Assistant Yee-President and Thomas F.Delaney,Assistant Vice-President, acting with any Secretary,or Assistant Secretary,each have the power and authority,as king as he holds such office,to appoint try a power of attorney,for purposes only of executing and altesWg bonds and undertakings and offer writings obligatory In the nature thereof, one or more Resident Vice•Presl- d2s,Assistant Secretaries end Attorneys-in-Fact: Now,therefore.the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by lacsirrab,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and cabfied by feeairrxle signatures and facsimile seal shall be valid and binding upon the Company in tte future with respect to any bond or unldanfakrrig to which it Is attached. In Wttness Whereof,the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Assistant Vice-President,and Its corporate seal to be hereto affixed,duly attested by its Secretary,this 9th day of August, 1976. Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY A�Maryhaf,SeCretuuy 600F Thomas F.Delaney STATE OF CONNECTICUT, Assistant Mice-President COUNTY OF HARTFORD, On this 91h day of August,A.D. 1976,before me personally came Thomas F. Delaney,to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut: that he is the Assistant Vice-President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument it such corporate seal;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. « STATE OF CONNECTICUT, � Gloria Mazotas,Notary Pubic ss. My Commission Expires March 31, 1883 COUNTY OF HARTFORD, CERTIFICATE ® I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecti- cut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked;and furthermore,that Article IV,Sections 6 and 11,of the y of the Company,and the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now In rce. Signed and sealed at the City of Hartford. Dated the 5th day of August 19 83 Ferry us.tie7-e P*md N USA, John E.Lukens Assistant Secretary CERTIFICATE OF INSURANCE Issued at the request of THE CITY OF JEFFERSON, MISSOURI Owner. %1 M • ` ' Address: CITY HALL, JEFFERSON CITY, MISSOURI THIS IS TO CERTIFY that the -insured named below is at this date insured with: GREAT AMERICAN INSURANCE COMPANY as described in the following schedule, and in full compliance with the 'Contract Documents, including all contractual liability coverage. DESCRIPTIVE SCHEDULE Name of Insured RIVER CITY FLORIST & GREENHOUSE Address of Insured 212 Madison, Jefferson City, Missouri 65101 Locations Covered 212 Madison, Jefferson City, Missouri and 320 E/ McCarty Street, Jefferson City, Missouri Description of Work Interior plantscape work for the John G. Christy Municipal Building. * Added by D. R. Preston on verbal authorization from Naught-Naught • Insurance Inc. Letter to follow. . (16) DESCRIPTIVE SCHEDULE (CONTINUED) Type of Insurance Policy Expiration Limits of Number Date Liability Y A. Workmen' s Compensation WC6066458 12/04/83 Statutory Including Employers Liability WC6066458 12/04/83 $100, 000 per employee Disease. Liability $100, 000 aggregate B. Comprehensive General Liability $300,000.00 each occurrence Bodily Injury SP3546683 12/04/83 XM COMBINED SINGLE LIMIT Bodily Injury $500, 000 per accident SEE ABOVE Property Damage SP3546683 12/04/83 rpmWww accident Property Damage $250, 000 aggregate Comprehensive Automo- bile Liability Bodily Injury $200, 000 per person Bodily Injury $500, 000 per accident Property Damage $100, 000 per accideft REMARKS: Attach certificates on additiona coverage where applicable. � c 1» If such policies are cancelled, expire, or are changed during the periods of coverage as stated herein, in such manner as to affect this Certification, ten (10) days prior written notice of such cancellation, expiration, or ehaage will be mailed to the owner. 1 • r DATED THIS 5th DAY OF August 19 83 GREAT AMERICAN INSURANCE COMPANY Legal Title of Insurance Company By , Authorized Represe tative NOTE: If the required insurance is carried by more than one company, separate forms shall be used for each, with related coverages indicated. 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