HomeMy Public PortalAboutORD09468 N
BILL NO. J_
INTRODUCED BY COUNCILMEN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CLERK OF THE CITY OF JEFFERSON TO EXECUTE A CON-
TRACT WITH ENLOE ALUMINUM, INCORPORATED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk of the City of Jefferson
are hereby authorized and directed, for and in the name of the
') city, to execute a written contract with Enloe Aluminum, Inc. ,
for all labor and materials necessary for the installation of
® new ventilating windows at the Public Works Building, for the
sum of two thousand eight hundred seventy-six dollars ($2,876. 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.
s roved
Passed A Pp cS d
WesideAnt of the Co ncil Mayor
ATTEST:
i C y Clerk
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. CONTRACT FOR
WINDOW SYSTEM
AT THE
PUBLIC WORKS BUILDING
911 EAST MILLER STREET
i
THIS CONTRACT, made and entered into this _�_ day of
19_ , by and between George Hartsfield, President of the '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, and Gail FnlnP . President
Enloe Alumi Um and Glass, Tnc. , Party of the Second Part,
WITNESSETH:
THAT, WHEREAS, the City Council of the City of Jefferson, Missouri,
r d on the 21st day of July 19 80 , award to
the Party of the Second Part, Gail Enloe, President, Enloe Aluminum and
Glass, Inc. , the contract for the installation
of ventilating window system for the City of Jefferson, Missouri, in
the Public Works Building.
NOW,THEREFORE, for and in consideration of the awarding of this con-
t
tract and the work thereunder by said First Party hereto, the City of
Jefferson, Missouri, to the Second Party, Gail Enloe, President, Enloe
Aluminum & Glass, does hereby contract and agree to do and perform said
Inc.
work, above specified and referred to and to accept payment therefor
in the following manner:
iOne hundred (100%) percent of the total contract amount shall
be paid when the windows have been installed and final inspec-
tion has been made and approved by the City.
Payment shall be subject to receipt of a statement from the
Contractor which specifies the amount due and payable under
the terms of this contract.
a,
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' NOW, BY THESE PRESENTS, it is agreed and understood by the parties
;z hereto, and this contract is entered into subject to all existing
R dinances, 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 pro-
per 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 super-
;
vise and superintend said work in the place of and instead of such
Director of Planning and Code Enforcement; that in the case of im-
proper workmanship, the City of Jefferson reserves the right at any
9ime to suspend, re-let or order an entire reconstruction of the
work; that the Contractor agrees to commence work on or before a
date to be specified in a written "Notice to Proceed" and to fully
a, complete the project within forty-five (45) 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
S
declare the contract forfeiture; but that such suspension, re-letting
or reconstruction or forfeiture shall not affect the right of the City
to recover all damages and penalties accusing or due it by reason of
the Contractor's non-compliance with this contract. Liquidated damages
fifty ($50. 00) dollars per day will be assessed against the Contrac-
tor 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
2 ..
ReNtions and Second Party acknowledges that he knows the prevailing
hourly rate of wages for all classes and crafts of labor to be used
Akn the performance of this contract because he has obtained the pre-
vailing hourly rate of wages from the contents of Special Wage Deter-
mination No. 0-026-120 , 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 workmen
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 of said workmen in connection with the work to be per-
formed under the terms of this contract, which record shall show the
actual wages paid to each of said workmen in connection with the work
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 Planning
and Code Enforcement or any other authorized employee of the City of
Jefferson, Missouri. In compliance with the Prevailing Wage Law, as
amended in Section 290. 21 and 290. 340 inclusive, Revised Statutes
of Missouri, 1969, effective October 13, 1969 , not less than the pre-
f,
vailing 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 ($10. 00) dollars for each
workman, employee, for each calendar day, or portion thereof, such
4krkman is paid less than the stipulated rates for any work done
under said contract, by him or any sub-contractor under him, Section
290. 250.
The Second Party agrees to completely indemnify and hold harmless the
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Ci,ty of Jefferson for any and all other expenses whatsoever, arising
out of the performance of said work whether the property or persons
maged 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 made prior to
the execution of this contract.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals this day of , 19�_
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CITY OF JEFFERSON, MISSOURI
By
r
By
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.
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BOND NO.....................................
HARTFORD ACCIDENT AND INDEMNITY COMPANY
® Hartford Plaza
�1 Hartford, Connecticut 06115
PERFORMANCE BOND
(NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 2 IN FAVOR
OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIU.)
V„
KNOW ALL MEN BY THESE PRESENTS:
.
That.........!n�99..��,?, Il lal1�?..,�t�d..G S ... .�z�G.►,,.•..IIwY..... 4.r, .>a�dQt�,.•M�.s. QU �.....,fad.R26..•..•••..••....•..••....•...•.•.....•.•.•..
(Here insert the name and address,or legal title,of the Contractor)
as Principal, hereinafter called Contractor, and the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a
., corporation organized and existing under the laws of the State of Connecticut, with its principal office in the City of
Hartford, Connecticut, as Surety, hereinafter called Surety, are held and firmly bound unto......•...............................
.City..Q£..,Je.£l:ersOn s..,MissQuri. ...... .�.,title,..• f the Owner)......... ....•...•......................••..................••....
r+g (Here Insert the name and address,or legal
as Obligee, hereinafter called Owner, in the amount of...Thor.,Thousand,...E.ight-!Hundred,,•.Se�,F.en.tY-57,X•.411d.........
rn rug/1OU D ($•.2,8.76•.•00•
.. ..f,•,.T•.T....1.••T..T.,fT,..-..IR..R.•.'I•..T..T.•-...A••T••T�•M•..w..T..T...r,...T..T.�•A•..n..T•.R ollars .................•.•..)1
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...........Jul y..•,2.4.1 9.Q Q.r..................•.................................•.........•.
entered into a contract with Owner for.....the...ina tai la.ti.SZxt•.Q.f..V.Qn.ti1.4trim... ,,,,,,,,,,,,,,
'ty..of..Je£f ersan.,•••Misso:uri,...in...the••Public.•.Works...Building.............•......
.. ..........•............•.•....................
in a dance with drawings and specifications prepared by..............P.lanninq.•&..Code..Enfarsement..o£..tkte..............
(Here Insert full name,title and address)
............City••o£••Jeffarsan.,...Missraur.i,.......................................................................................................................................
e'. 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.
m� Whenever Contractor shall be, and declared by Owner to be ill, 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 submission to Owner for completing the CONTRACT in accordance with its terms
and conditions,and upon determination by Owner and Surety 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 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 Con-
; tractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final pay-
mender 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 September A. D. 19 80
Witness. ... ............................•...........•..•..•................. .EDILLIE..& UMIMUM.•&..GLASS, .IXC...........•.•...••...•............(Seal)
(If Individual) (Principai)
Attest ....•... ... ...•.................•..•.................••.................. . .. .. ....... .........••...•.. .(Seal)
(If Corporation) (Title)
.•....•..............•.........•....................•...............•...............•.................(Seal)
HARTFORD IDENT D DEMNITY COMPANY
Attest................................................................................ B `
By .. . ..•.. ....... .. .•....•...•....................(Seal)
Naught, Att -Mast - (Title)
Is
Form 8.3213.3 Pape I. Printed in U.S.A• 8•'67
p eieNo. t l ites ?dltlaAproved by The American ltl u of Ar hct )
HARTFORD ACCIDENT AND INDEMNITY COMPANY
000463
Hartford,Connecticut
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
RICHARD L. NAUGHT and/or THOMAS S. NAUGHT
of JEFFERSON CITY, MISSOURI
Its true and lawful Attomey(s)-in-Fact,with full power and authority to each of said Attomey(s)-in-Fact, in their separate
capacity 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 hording places of public or private trust; guaranteeing the performance of contracts other than Insurance poli-
cies; guaranteeing the performance 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 sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)
each, ---------------------------------------------------
'. and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent as if
such bonds and undertakings and other writings obligatory in the nature thereof were signed by an 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 Attomey(s)-in-Fact may do in pursuance hereof.
+k 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 or Assistant Secretary,shall have power and authority to appoint,
for purposes onhl of executing and attesting bonds and undertaWngs and other writings obligatory in the nature thereof,one or more Resident
Vice-Presidents,Resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such Resident Vice-President,Resident Assis-
tant Secretary,or Attorney-in-Fact,and rovoke the power and authority given to him.
SECTION 11. Attomoysdn-Fad shall have power and authority,subject to the terms and limitations of the 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 undertaidngs and other writings
Obligatory in the nature thereof,and any such Instrument executed by an such Attorney-In-Fact shall be as binding upon the Company as If signed
by an Executive 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-President and Thomas F.Delaney,Assistant Vice-President,shall each have as long as he
jy. holds such office the same power as any Vice President under Sections 8,7 and 8 of Article IV of the By-Laws of the Company,
This power of attorney is signed and seaied by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and
held on the 6th day of August, 1976.
RESOLVED, That,whereas Robert N.H.Senor,Assistant Vice-President and Thomas F. Delaney,Assistant Vice-President,acting with any
k' Secretary or Assistant Secretary,each have the power and authonty,as long as he holds such office,to appoint by a power of attorney,for purposes
? only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. one or more Resident Vice-Presi-
dents,Assistant Secretaries and Attomeys-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 facsimile and any such power of attorney or certificate beating such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the Company In the future wrth respect to any bond or undertakng to which it is attached.
t ; In Witness 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
Douglas H.Geer,Secretary
Thomas F.Delaney
STATE OF CONNECTICUT, Assistant Wce-Prealdent
COUNTY OF HARTFORD, I as
On this 9th 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 seat of the said corporation; that the seal affixed to the said
Instrument is 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.
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STATE OF CONNECTICUT, , Gloria Mazotas,Notary Public
ss. My Commission Expires March 31, 1978
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 8 and 11,of the By-Laws of the Company,and the
Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the 5th day of Sept. l- a19-$-0-
Penn 636014 Printed in U.S.A. � E.Lukens.k.n,
Assistant Secretary