HomeMy Public PortalAboutORD09434 #' BILL NO. +�
INTRODUCED BY COUNCILMAN &AL-40 IV
ORDINANCE NO.
s•
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH
#t _ J. C. Industries , Inc.
P.O. Box 1264
5 _ 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
j authorized and directed, for an in the anme of the City, to
execute a written contract with
J. C. Industries , Inc. , Jefferson City, MO
for the improvement of
Laurel , Holly, Minnesota, Marilyn and Virginia Avenue
for the sum of $118 ,270.50
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: ? y
v
Pe idebt of the unci.l NKY J6 r
Attest :
G
i e r
CONTRACT FOR PUBLIC WORK
THIS CONTRACT, made and entered into this day of ,
19 by and between George Hartsfield, President of the C ty 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, J.C. Industries, 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, J.C. Industries, Inc.
the contract for the improvement of 1980 Curb and Gutter-Phase II
® 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 J.C. Industries, 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 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.
UNIT
QUANTITY N'TITY CLASSIFICATION PRICE AMOU14T
Lump Sum Clearing, grubbing & demolition $ 4,000.00
mp Sum Grading & excavation 13,000.00
Cut - 2,162.78 c.y.
Fill - 621.24 c.y.
6214.00 L.F. 6" Type "A" Curb & Gutter. 6.25 38,837.50
725.00 Tons 1-1/2" Type "C" Asphaltic Concrete 26.00 18,850.00
Wearing Coarse
1114.00 Tons 5-1/2" Black Base 25.00 27,850.00
365.00 S.Y. 6" Nonreinforced Concrete (Drive 13.00 4,745.00
Approach)
l each Type "A" Drop Inlet (to include connection
to existing pipe) 700.00 700.00
3 each Type "B" Modified' Drop Inlet 600.00 1,800.00
75.00 L.F. 15" x 16 ga, corregated metal pipe 12.00 900.00
204.00 S.Y. 7" Crushed Stone (Driveways) 4.50 918.00
.78 acre Seeding & Mulching 1,500.00 1,170.00
500.00 S.Y. 4" Nonreinforced Concrete 11.00 5,500.00
$118,270.50
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 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 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 therefore, and estimates thereof, shall be decided
the Director of Public Works of the City 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 construction, 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
t specified in a written "Notice to Proceed" and to fully complete the project
thin 120 consecutive working days thereafter. 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 accruing or due it by reason of the Contractor's non-
compliance with this contract. Liquidated damages $100 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
Qows 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 No. 0-026-097 ,
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 to each said 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
the Driector of Public Works, or any other authorized employee of the City of
;4r
fferson, 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)
y51'..{...'.
j4 l!t
',t
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
�r any subcontractor under 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 damaged 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. dnd seals
this day of 19 .
CITY OF JEFFERSON, MISSOURI
(BY) _
NT TOR
' t
(B
a .
a.
Bond No. 49 33 55
F� THE WESTERN CASUALTYAND SURETY COMPANY
'. ❑ THE WESTERN FIRE INSURANCE COMPANY
The Company to provide this bond coverage shall be designated with an [].
FORT SCOTT.KANSAS 66701
PERFORMANCE BOND
Approved by The American Institute of Architects,A.I.A. Document No. A-311 Feb. 1970 ED.
yt
s KNOW ALL MEN BY THESE PRESENTS:
That................................................................... J. C. Industries, Inc
.....C....................................... e. ..... .. .. .. .......... ... ...........................................................................
(Here insert full name and address or legal title of the Contractor)
Jefferson City, Missouri
......................................................................................................................................................................................................................................................................
as Principal,hereinafter called Contractor,and TH E WESTERN CASUALTY AND SURETY COMPANY and/or THE WESTERN FI RE INSU RANCE COMPANY,
Fort Scott, Kansas, as Surety, hereinafter called Surety, are held and firmly bound unto .............................................................
City of Jefferson, Missouri ,
.............................................................................. .,
(Here insert full name and address or legal title of the Owner)
as Obli a hereinafter called Owner, in the amount of...One Hundred Eighteen Thousand Two Hundred Severity and
07100--------------------------- ... ------ --. -... Dollars
........... . .. .................................. ......... .... ......... ........I........ ....... ....... .. ...... .. .......
. ....................
l�,'Z ................), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
';•' and as jointly and severally,firmly by these presents.
May
WH AS Contractor has by written agreemTt dated . ,,;... ,....66.6 .. .. 19 ..�........, ntered into a contract with Owner
Improvements o Laure , dolly, Minnesota; Marilyn ancl' Virginia Revenue
In accordance with Drawings and Specifications prepared by....................................................................................................................................................................
...............................................•......................,........................................................................................................................................................................................................
(Here insert full name and address or legal title of Architect)
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 conditions,and upon determination by Surety of the lowest respon-
sible bidder, or, if the Owner elects, upon determination by the Owner and the Sure ty j o i nt ly 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 ex-
ceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"bal-
ance of the contract price," as used in this paragraph, 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 the Owner.
.,SI and sealed this...................................22nd.....................................................day of.......................May...................................... ..g�............
J. C. INDUSTRIES, INC.
In the presence of: J ... ...................../......................... ...........�................... )
(Seal
Princi
(Title)......
THE WESTERN CASUALTY AND URETY-COMPANY
THE WESTERN FIRE INSURANCE COMPANY
. ........ ........................................................................................ By.. vl..r. AtrorncY.i n-Fnci.......
Performance Bond for General Contractors. Glenda A. Fry
SB 5715(1)
FORM FS 5617-114 MUL.
" ' l;r_j Bond No. 49*13' 55
THE WESTERN CASUALTYAND SURETY COMPANY
FORT scorr, KANSAS
A STOCK INSURANCE COMPANY
LABOR AND MATERIAL PAYMENT BONG
Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1910 ED.
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:
J. C. Industries, Inc.
That....................................................................... ... .... .......................................................................
(Hare insert full ninim and address or lemtl titln of the Contractor)
Jefferson City, Missouri
.................................................................................................................................................................................................................................................................
as Principal, hereinafter called Principal, and THE WESTERN CASUALTY AND SURETY COMPANY, Fort Scott, Kansas, as Surety, hereinafter called
Surety,are held and firmly bound unto.... City of Jefferson, Missouri
........................................................................................................................................................................................................
..............................................................................................................................................................................................................................................................................
(Here insert full narne and addnfss or loyal litre of the Owner)
a bli ee, h re' after Ile Ow er for the se and en f't I ittlants as hereinbelow defined, in the amount of .,,One Hundred Eighteen
nogsand two Hunctrec Seventy anA b b8----------------------------------------------
................................................................I........................................................................................................................................................................................... Dollars
(Here rnsrfrt a sum equal to of lu,rst one•hatf of the contract price)
118,270.50 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors
and assigns,jointly and severally, firmly by these presents.
WHE AS, Principal as by ti ten agr met d t d...... ...Mey t. 19 g�..... entered into a contract with Owner
for .., tnprovemen s o �aure�, 0 y, Minrieaota';"'Mar3lyri"'and"'Virginaa Avenue
.......... ... ...............
in
0 accordance with Drawings and Specifications prepared by .....................................................................................................................................................................
................................................................................H..are........its ert...........................................s..........I og.il�.......tnt.....n...l........................................................................I............................
full namo and addn� s or ,l lu An:hntecU
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 Sikh that if the Principal shall promptly make payment to all claimants as herein-
after 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 subcontractor 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 suit to final judgment for such sum or sums as
may he 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 Prin-
cipal, the Owner, or the Surety above named, within ninety (90)days after such claimant did of performed the last of the work of labor,or furnished the last
of the materials for whichsaid claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materialsiwere
furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailingthe same by registered mail or certified mail, post-
age prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of busi-
ness, 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 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) 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
thereo Ituated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
4• amount of this bond shall be reduced by and to the extent;of any payment or payments made In good faith hereunder,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.
Signedand sealed this..............................22nd..........................................................day of..................May...............................A. D. 19...�n.............I..............
In the presence of: 0. INDUSTRIES, INC. (Seal)
.................................................................................................................................. ..... ....... f.tl.).......... 1
THE WESTERN CASUALTY AN SURETY COMPANY
n,� !:............................................. By.. .. ....
a'17- in-Fact
... '.
Form FS 5618•133 MUL.
IN
POWER OF ATTORNEY
The Western Casualty and Surety, Company
HOME OFFICE—FORT SCOTT, SANSAS
W ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation
of fate of Kansas, having Its principal office In the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the
Stock olders of the said Company on December 2, 1953, to-wit:
"Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and
authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au-
thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under-
takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the
secretary shall also have power at any time to remove qnd revoke the authority of any such appointee."
does hereby nominate, constitute and appoint
James M. Dent or Glenda A. Fry
or James J. Landwehr of Jefferson City, Missouri
its true and lawful agent(s)and Attorneys)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed:
Any and all undertakings,
Provided, No authority is extended for
the execution of Open Penalty Bonds.
to athe execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply,
tents and purposes,as If they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in
Fort Scott, State of Kansas, in their own proper persons.
l0The tollowing Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held
on the 10th day of November, 1970:
„RESOLVED,That the signatures of officers of the Company and the seal ofthe Company may be affixed by facsimile to any Power of Attorney
executed in accordance with Section 27 of the Company Bylaws:and that any such Power of Attorney bearing such facsimile signatures, including
the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any
bond, undertaking of contract of suretyship to which it is attached.'
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President,
and its corporate seal to be hereunto affixed this........................................................ ....2n.d.... day of .. ...... I........JUlY..........I.......-.19.29...........
THE WESTERN CASUALTY AND SURETY COMPANY ,y,
�� y 9EAL
STATE OF KANSAS ss BY
COUNTY OF BOURBON Vice President
On this.........21A....day of..............1Ul y............................... A.D., 19..79....., before the subscriber, a Notary Public in the State of Kansas in
V J. 0 Gorek
and for the County of Bourbon, duly commissioned and qualified, came....... ..................................t....V...,.......ice....President. . . . .
......................... of THE WESTERN
CASUALTY AND SURETY COMPANY,of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who exe-
cuted the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the
officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate
seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and
tha law, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument, is now in force.
TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above
w
•..•��SHEP�•.
O' 901.
i NOTARY `
My appointment expires September 5, 1980 L� FU;LIC
Notary Public.
�nlU„S,,.••
G. R. Cantrell Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY. do
® hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUALTY AND
SURETY COMPANY,which Is still In full force and effect.
IN WITNFSSLWHEREOF, I have signed thilcertificate at Fort Scott Kansas this.... ................................ ...............................day of
.......................
....................... 19., ..d.....,... �"" �►
Assistant Secretary.
FORM FS 5690-R4
NAME AND ADDRESS Ot ACrNCY
Winter—Dent & Co. COMPANIES AFFORDING COVERAGES
P.O. Box 1046
J arson City, Missouri 65101 CDMIANY A United States Fidelity & Guaranty
LETTER
COMPANY ,,,a
LEI-TER Firenan i s Fund
I AME AND ADDRESS OF INSURED
COMPANY
LT.C. Industries, Inc. LETTER
P. 0. Fox 1264 COMPANY
Jefferson City, Missouri 65102 LETTER
COMPANY E
LETTER
This is to certify that policies of Insurance listed below have been issued to the insured named above and are in force at this time. 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 conditions of such policies.
COMPANY TYPE OF INSURANCE POLICY NUMBER POI ICY Limits of Liability in T ousan s
LETTER EXPIRATION DATE EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
A j&i&i
COMPREHENSIVE INJURY $ $
COMPREHENSIVE FORM MP 52210 7-1-80
g�PREMISES—OPERATIONS PROPERTY DAMAGE $ b
EXPLOSION AND COLLAPSE
((''��� HAZARD
)�[UNDERGPOUND HAZARD
PRODUCTS/COMPLETED
O(�"`'''''�� OPERATIONS HAZARD BODILY INJURY AND
CONTRACTUAL INSURANCE PROPERTY DAMAGE E 500, E 500,
BROAD FORM PROPERTY COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY BODILY INJURY
(EACH PERSON)
A COMPREHENSIVE FORM BAP 198494 7--1-80 BODILY INJURY $
OWNED (EACH ACCIDENT)
HIRED
PROPERTY DAMAGE $
BODILY INJURY AND
NON-OWNED
PROPERTY DAMAGE E 500,
_ COMBINED
EXCESS LIABILITY
BODILY INJURY AND
B UMBRELLA FORM xLBB 140 91 07 7-1-80 PROPERTY DAMAGE $ 1,000, $ 1,000,
OTHER THAN UMBRELLA COMBINED
FORM
WORKERS'COMPENSATION STATUTORY
and
A EMPLOYERS'LIABILITY 1 70 3900 655012 7-1-80 $
(EACH ACCIULNTI
OTHER
OPERATIONS/LOCATIONSNEHICLES
JOB: IlTprovement of Laurel, Holly, Minnesota, Marilyn and Virginia Avenue.
Can Nation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE H01 DER _
DATE ISSUED: 2 P O
City of Jefferson
Jefferson City, Missouri
AUTHORIZED REPRESENTATIVE
ACORD 25(1.79)
I