HomeMy Public PortalAboutORD09418 7
BILL NO.
D COUNCILMAN
INTRODUCED BY d
ORDINANCE NO. / 4
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH
Willard J. Stockman Construction Co . , Inc.
1402 Stadium Boulevard
Jefferson City, Missouri 65101
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 an in the name of the City, to
execute a written contract with
® Willard J. Stockman Construction Co. , Inc.
for the improvement of 1980 Curb and Gutter Phase I -
Algoa Road, Landwehr Lane , North Grant Street
for the sum of $114,536 . 20
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: Approved:
v
3r;s1 nt ot the Cgoncil a or
ATTEST:
Ci y C1
i
Fidelity and Deposit Compar4l
110.41E Orr10E OF MARYLAND BALrIMOrtE, MD. 21203
i.abor anli1 Material Payment Bond
Note: This bond is Issued simultaneously with Performance Bond in favor /
of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That............Wi lard Stockman Construction Co..1...Inc..,...1402 Stadium�................
.................................................................................. ..................
Olere Insert the name and address or legal title of the Contractor)
Jefferson City, Missouri
............................................................................................................................................................................................
as'Principal, hereinafter called Principal, and FIDELITY AND DiEPOSiT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its )tonne office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto........C ty....of...►Leff.ersan................................
........................................................ .... .... .. .................................................... .,
(Ilere Insert the name and address or ieRal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,
in the amount of.....Qne...Hund.red...Zourteen...Thousand..F.iue...Hundred...T-hixty-SIX•..
and 20/100 Dollars----- -- --•--------------------------------------
114 5 3 6 2 0�. (Itere insert a sum equal to at least one-half of the contract price)
Dollars (5............r..........�......... --.), 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 dated.........May...l3,..........................................19...8.0,
entered into a contract with Owner for...198.9...CXrlb... nd...Qut feu....Phase...I....-...Algoa...Road.,
Landwehr Lane, North Grant Street, Jefferson--City,.,..-Mis_$p .,...................
............................................................................................................................................................................................
in accordance with drawings and specifications prepared by.... :n.....................................................................
............................................................................................................................................................................................
(Ilere 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 CONDITION 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 full 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 sue on this bond for the use
of such claimant, prosecute the shit to final judgment for such sum 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 name 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 (1) year following the date on which Principal ceased work on said Contract, it being
understood,however,that if 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.
13th
Signed and sealed this............................................................day of.............May.........................A.D. 1980.
In the presence of:
illard...Stockman..Coaatruction..(®t&L) Inc.
principal
.. ...... y.°. . ..............................................
Title
FID - ITY AND DE OSIT COh Y MARYLAND
........... B). . ..................(SGAL)
A orne in tact Title
C309eX-20M.12.75 199717
Approved by The American Institute of Architects,A.I.A.Document
No.A-311 February 1970 Edition.
% 1.
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALVAORE, MD. 21203
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That....Willard Stockman Construction...Co..,... ....1402 Stadium,........................
.............................................. ..................................
(Here lruoe��-t,,
Jefferson city M,SSOU.,3.the name address or lesal title of the Contractor)
.....................................—.z.......................................I.........................................................................................................
as Principal, hereinafter called Contractor, and FiDrLITY AND DrPOSiT COMPANY OF MARYLAND, 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.....City...of...Jef f ers.on..................................
............................................................................................................................................................................................
(Here Insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount of..!?Rq...Hu.n.d.red...F.o.urt.e.e.n.-Tho.u.s.and....Five. Hundred._.Thirty-Six....,.
and 20/100 Dollars------------------------------------------------
............................................................................ ...............................................................................................................
114,536.20--------
Dollars ($.... ...... 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...............May__13,..................................19..9.9,
entered int o a contract with Owner for...1.qa0L.-Curb-.and...Gutter...P-hase,... ...----A1goa...R 0a
d,
hr..Lane.,_North..Grant...S treet.......lef f ers.on...C!ty.,...Mi_s.saur1...................
............................................................................................................................................................................................
in accordance with drawings and specifications prepared by....—m., w.....................................................................
............................................................................................................................................................................................
(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 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 under 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 may 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 suit -under this bond must 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......................1.3 th...........................day of......!19Y................................A.D. 19A.9--
..........
In the presence of: Willard Stockman Construction Inc.
Principal
.......... .. .. y..... ........ .. .............. ............ ............
Title
DELITY AN OSIT C A OF MARYLAND
OXY MARYLAND
-AL)............ .. . .................. ............
C309e-20M.12.75 199717
Approved by The American Institute of Architects,A.I.A.Document
No.A-311 February 1970 Edition,
« i Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICES BALTIMORE,MD.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. 0,COT JR. ,Vice-President,and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President,or any one of the Executive Vice-Presidents,or any one of the additional 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 Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on
behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and
assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu-
ments which the business of the Company may require,and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint James D. Werner, David E. Presley and Mary Ann
Neutzler, all of Jefferson City, Missouri, EACH...........................
ft rue and awful 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............ ......
n 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 that issued on behalf of James D. Werner, etal,
dated February 7, 1977•
The said Assistant Secretary does hereby certify that the aforegoinq 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 Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
..................hfeh..................................day of..................... 0tOM9........................ A.D. 19.78....
G^ FIDELITY AND DEPOSIT COMPANY OF MARYLAND
> N°o s�r � ATTEST:
Wj SEAL
�"wrs Assistant SecretaryYice-Pr ident
STATE OF MARYLA14D } S5:
CITY OF BALTIMORE J
On this 4th day of October A.D. 19 78 , 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-named Vice-President and Assistant
Secretary Of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,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 by 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year
first above written. '
°•"•.r.Al
NOTARY'u,'__ ..........__...........1 �....
} .......'L(2.....
°'� * Notary Public Commission Ex iresil Q
@tf•?uel..4',$:
,�yoRE•��sy;.. CERTIFICATE
I,the undersigned,Assista ef&ary 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 spe-
ciallx authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of
the 1'IDELITY AND by 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 ANI) 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 power of attorneyy 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
»._..I 3 tb......»...............day of.....................MaZt........................... 19.....8.4
........................... ... ........... ........��ivani�,A�;..........
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7
CONTRACT FOR PUBLIC WORK
THIS CONTRACT, made and entered into this j�� !� day of
19 and between George Hartsfield,
President o the City Council of the City of Jefferson, Missouri , a
municipal corporation of the third class of the State of Missouri ,
Party of the First Part and who acts for and on behalf of the City
of Jefferson, Willard J. Stockman Construction Co . , Inc . ,
Party of the Second Part , WITNESSETH:
THAT, WHEREAS, the City Council of the City of Jefferson, Missouri ,
did on the day of `� 19 award to the
Party of the Second Part , ' llard J. Stockman Construction Co . , Inc . ,
the contract of the improvement of 1980 Curb and Gutter Phase I -
*Algoa Road, Landwehr Lane , North Grant Street
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, Willard J. Stockman
Construction Co. , Inc. , the said Second Party 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. Special Tax Bills to be issued by the City of Jefferson
aforesaid, against the real estate subject to the payment
of said improvement at the rate of $5 . 00 per
front foot as provided by law and
2 . Monies from the Treasury of the City of Jefferson, upon
acceptance of said work by the City Council of the said
City of Jefferson, Missouri .
t.
k
t
QUANTITY CLASSIFICATION UNIT PRICE AMOUNT
Lump Sum Clearing, Grubbing & Removal $ 600 . 00
Lump Sum Grading & Excavation 16 ,900 . 00
(Cut-1 ,467 . 94 C .Y.est . )
(Fill-907 . 81 C.Y.est . )
5700 . 00 L. F. 6" Type "A" Curb & Gutter 5 . 75 32 ,775 . 00
648 . 00 Ton 1V" Asphaltic Concrete Wearing
Surface 26 . 15 16 ,945 . 20
935 . 00 Ton 54" Asphaltic Concrete Base 24 . 10 22 , 533 . 50
Surface
1 each 41x3 ' Curb Inlet (Type A) 600 . 00 600. 00
8 each Modified Type "B" Drop Inlet 650 . 00 5 ,200 . 00
1 each Drainage Spillway 300 . 00 300 . 00
2 each Connecting Existing 15" Corregated
Metal Pipe to Type B Modified
Drop Inlet 400 . 00
Lump Sum Connection Type "A" Inlet to 300. 00
existing Concrete Box
1 each 31x 41 -Area -Inlet 500 . 00 500 . 00
251 . 00 L. F . 15" x 16 ga. Corregated Metal .
Pipe (in place) 15 . 00 3,765. 00
195 . 00 L.F . 18" x 16 ga. Corregated Metal 16 . 50 3, 217 . 50
Pipe (in place)
2 each 18" Corregated Metal End Section 400 . 00 800. 00
w/rip rap @ discharge (in place)
30 . 00 S.Y. 6" Nonreinforced Portland Concrete
Cement (Driveway Approach) 12 . 00 2 , 760. 00
20. 00 S.Y. 6" Asphaltic Concrete (Driveway
Replacement) 7 . 50 150 . 00
490 . 00 Ton Crushed Stone (Driveway) 6 . 00 2 ,940 . 00
2 . 5 acre Seeding & Mulching 1 , 500 . 00 3,750 .00
Lump Sum Guarantee Bond _ 100 . 00
$114 ,536 . 20
Upon completion of the work, readjustments in the contract price
shall be made according to actual measurements and at the price per
unit specified in the contract .
NOW, BY THESE PRESENTS, it is agreed and understood by the parties
hereto, that this contract is entered into subject to all existing
ordinances of the City of Jefferson pertaining to the work awarded and
ject 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 and parcel of this contract ; that all questions
arising as to the proper performance of this contract of such work in
i
accordance with the plans and specifications therefore , and estimates
thereof, shall be decided by the Director of Public Works of the City
t
of Jefferson, Missouri , or by such competent 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 construcion, the City of
Jefferson reserves the right at any time to suspend, re-let or order
an entire reconstruction 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 120
consecutive working days thereafter. The City reserves the
right to 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
uruing or due it by reason of the Contractor ' s non-compliance
with this contract . Liquidated damages 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 Second Party 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 Second Party acknowledges that he knows the prevailing hourly 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 Determination
Go. 0-026-098 , in which the rate of wages are set forth.
The Contractor further agrees , as the Second Party , that he will
keep an accurate record showing the names and occupation of all workman
employed by them in connection with the work to be performed under the
terms of this contract , which record shall show the actual wages paid
I.
4
to each workman in connection with the work to be performed under
the terms of this contract , and agrees further that the aforementioned
accurate record shall be available and open at all reasonable hours
for the inspection by the Director of Public Works or any other authorized
employee of the City of Jefferson, Missouri . 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 than the prevailing hourly rate of wages in the
Jefferson City area shall be paid to all workman performing work under
this contract , Section 290. 250 . The Contractor shall forfeit to the
City, Ten Dollars ($10) for each workman employed, for each calendar
day, or portion thereof, such workman is paid less than the stipulated
rates for any work done under said contract , by him or any subcontractor
nder him, Section 290 . 250 .
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 damages are
the servants and employees of the Second Party, 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
is this day of 19 .
ITY�FFERSON, MISSOURI
(BY)
&iARDISTOCKMAN CO STRUCTION CO. , INC. ,
(BY) Gr .G� � 7