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HomeMy Public PortalAboutORD08535 BILL NO. _ f/ �_ INTRODUCED BY COUNCILMAN ORDINANCE NO. gS,3a AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH . Linhardt Construction Company bit„ �415n0..M, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: . SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of -the City, to execute a written contract with Linhardt Construction Company, Jefferson Cif, Missouri _ for the Wgravemaxtxaf construction of a control tower on the Jefferson r-jty Memorial Airport for the sum of $18 ,831. 00 SECTION 2 . A copy of said contract is attached hereto. SECTION 3 . This ordinance shall take effect and be in force from and after its passage and approval. Passed: fly Z9,13 Approved: Pr s d Kh't of 4ed' nci Ma o Attest : City C rk ` FORM OF AGREEMENT THIS AGREEMENT made and entered into this 197m - day of IM AK u It 1973, by and between the City of Jefferson, Jefferson City, Missouri, hereinafter called "Owner" and Lra-(Du►crs) L l ly w s-m Conisr. Co.;l NL, a Copoaayonl of hereinafter called "Contractor" , WITNESSETH: That for and in consideration o ' the agreements and under- takings of the parties hereinafter set forth, it is agreed by and between the parties to hereto as follows: 1. Contractor shall furnish all labor, materials, equipment, and services and shall perform all operations required to complete the Airport Control Tower all in strict accordance with the Contract Documents and as described in 'the Specifi- cations entitled Airport Control Tower, Jefferson City Mem- orial Airport, Jefferson City, Missouri, and in the Drawings described in the General Conditions of the Contract attached to the said Specifications, all of which were prepared by R.F. Verslues & Associates, Inc. , 917 (H) Leslie Blvd. , Jefferson City, Missouri, hereinafter called "Engineers", said Specifications and Drawings being hereby made a part of this Agreement as fully as if attached hereto or set herein. This Contract includes the work as specified under Base Bid, as modified by Alternates I c� 2. Contractor shall commence work under this Agreement within 10 nays after receipt by him of Notice to Proceed and shall fully complete all of the work hereby agreed to be performed in 75 calendar days after receipt of said Notice to Proceed. 3. Contractor agrees that he is fully informed regarding all of the Conditions affecting the work to be done under this Agreement and as to the labor, materials, equipment and services to be furnished for the completion of the work to Is be performed hereunder, and agrees that his information was secured by personal investigation and research and not from any statement or representation of any officer, agent, or employee of the Owner. f FORM OF AGREEMENT (CONT'D) IN WITNESS HEREOF, the parties have caused this instrument to be executed, in triplicate, on the day and year above written, CITY OF JEF RS'ON BY -77 � , z Owner on act r Attest: ecret ry s f 1 { PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned E. G. (Dukes Linhardt Construction Co. Inc. of P. 0• Box 773, Jefferson City, Missouri 85101 , (here nafter ca�led the "Principal" ) , wixgAndbuddumt.. VzxAvavobd4tXxRx Corporation, duly authorized by law to do business as a construction contractor in the State of Missouri and The Hanover Insurance Company of New Hampshire (hereinafter called the "Surety") , a corporation duly authorized to do a surety business under the Laws of the State of Missouri, are held and firmly bound unto City of Jefferson (hereinafter called the "Obligee") , in the penal sum of Eighteen Thousand Eight Hundred i one Dollars and no y00 - - ($18X 831 -) lawful money of the United States, for the payment of which well and truly to be made unto said Obligee, we bind our- AMW our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, as follows: The conditions of this obligation are such -that, whereas the 19th day of March, 1973 , , the said Principal entered into a written agreement, which agreement is hereby made a part hereof, with said Obligee for the construction of • airport control tower, Jefferson City Memorial Airport Scratch out the inapplicable designation, i I . 9 v ./S5' PERFORMANCE BOND CON'1''D - NOW, THEREFORE, if the said Principal shall faithfully and properly perform the foregoing Contract according to all the terms thereof, and shall as soon as the work contemplated by said Contract is completed, pay to the proper parties, all amounts due for material, lubricants, oil, gasoline , grain, hay; food, coal and coke, repairs on machinery, groceries and foodstuffs, equipment and tools, consumed or used in connection with the construction of such work, and all in- surance premiums, both compensation, and all other kinds of insurance, on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obliga- tion to be void, otherwise to remain in full force and effect, and may be sued on for his use and benefit by any person furn- ishing materials or performing labor, either as an individual or as a subcontractor for any contractor in the name of said Obligee. The said Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. The said Surety shall also guarantee the faithful performance of the prevailing hourly wage clause as provided 'by Contract, Section 290.250. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof in 3 original counterparts as of the 19th day of March , 1973. E. G. (Duke) Linhardt Construction Co. , Inc. Principal B Y ej ' Title Attest: The Hanover Insurance om C pany Surety BY (SEAL) Attorney in F t ' The Hanover Insurance Company MI MIII�i. J�Ift ER POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Hampshire,does hereby constitute and appoint - James Sohae£er, James D. Werner, David E. Presley and/or Rose Marie Pope - of Jefferson City, Missouri, and eaoh is its true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed,at any place within the United States,or,if the following line be filled In,only within the area therein designated any and all bonds, recognizances,undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, :n any amount. - - - And said Company hereby ratifies and confirms all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company at a meeting held on the thirteenth day of December, 1972, a quorum being present and voting, which resolution is still in effect: "Resolved, that the President or any Vice President,in conjunction with any Secretary or Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts,to execuie and acknowledge for and on its behalf as Surety any and all bonds,recognizances,con- tracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to at- tach thereto the seal of the Company. Any such writings so executed by such Atte:nrys-in-fact shall be as bind- ing upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons." IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY has caused these presents to be sealed with its corporate seal,duly attested by its Vice President and its Secretary,this first day of January 19 73 THE HAN VER INSURANCE COMPANY n-�:'.............. Vice President (Seal) Secretary THE COMMONWEALTH OF MASSACHUSETTS t COUNTY OF WORCESTER On this first day of JanUary 19 73 , before me came the above named Vice President and Secretary of The Hanover Insurance Company,to me personally known to be the individuals and officers described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of The Hanover Insurance Company and that the said corporate seal and their signatures as officers were duly affixed acid subscribed to said instrument by the authority and direction of said Corporation. (Seal) ,r't�.aGL!lG....0. ..1y;Ui4e.... Notary Public My Commission Expires Weember 2, 1977 I,the undersigned Secretary of The Hanover Insurance Company,hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in force and effect. This Certificate may be signed by fascimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company at a meeting held on the 13th day of December, 1972 "RESOLVED. That any and all Powers of Attorney, and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Secretary or Assistant Secretary of the Company shall be binding on the Company to the same extent as if all signatures thereon were manually affixed even though one or more of any such signatures thereon may be facsimile". GIVEN under my hand and the seal of said Company,at Worcester,Massachuse this 19th day of March 19 73. / FORM 111-0402 NS Secretary