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Home My Public Portal AboutORD09469 BILL NO. � INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE A WRITTEN CONTRACT WITH J .C. INDUSTRIES, INC. , FOR THE CONSTRUCTION OF A 6" WATER LINE TO SERVE THE JEFFERSON CITY MEMORIAL AIRPORT. 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 J. C. Industries , Inc. , for the construction of a 6" water line to serve the Jefferson City Memorial Airport . SECTION 2 . Said contract shall read in words and figures as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval . Passed: J /2�d Approved: resident of the Council Mayor ATTEST: r v C/ City C1 CONTRACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this 5thday of August , 19 80 , by and between George Hartsfield, President of the City Council of the City of Jefferson, Missouri , a municipal corporation of the thrid 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 4th day of August , 19 80 , award to the Party of the Second Part , _ J. C. INDUSTRIES, YNC„^, , construction is the contract for the jdkRRftRffi1ft'*k of a 611 Water Tine to serve the Jefferson City Memorial Airport.. 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 to accept in payment there- fore monies now in the treasury of the First Party, -upon the acceptance of said work by the City Council of the said City of Jefferson. QUANTITY CLASSIFICATION UNIT PRICE AMOUNT 847. 00 LF Water Main: Furnish all materials 5 . 18 $9 , 567 . 46 & install 200 psi SDR 21 , ringtite PVC water main which includes : all excavation, joint materials , back- fill & surface replacement as re- quired, all in place, complete and ready for use in the following ID sizes : 6 inch UNIT QUANTITY CLASSIFICATION PRICE AMOUNT Plan detailed connection, appurten- ant & accessory items : furnish all materials & install the various appurtenant , accessory & connection items where shown & as detailed on the plans, includes : all fittings valves , valve boxes , check valve , pressure gauges , all bolts , glands , gaskets , etc. , all excavation, back- fill & • surface replacement as re- quired: all as specified, in place, complete & ready for use in accord- ance with the plan locations & letter designations , as follows : Connection Details : 1 each Connection A 912 . 00 912 . 00 1 each Connection B 853. 00 853. 00 1 each Connection C 480 . 00 480.00 1 each Connection D 647 .00 647. 00 1 each Connection E 777. 00 777 . 00 1 each Connection F 853. 00 853. 00 Fire hydrants : furnish all materials including: connecting tee & main, auxilliary valve, fire hydrant, gravel' fill & surface replacement as required; all as specified, in place, complete & ready for use, in the following sizes : 4 inch 3-way 4 each 750 .00 3,000 . 00 10 each Service Connections : all materials 250. 00 2 ,500 . 00 to be furnished by the contractor Furnish all equipment & labor as required to install the complete service connection, from water main through complete meter assembly; all as specified, in place, complete & ready for use Total $19 ,589.46 Upon completion of the work, readjustments in contract price shall We 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 t 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 con- sidered a part and parcel of this contract ; that all questions arising as to the proper performance of this contract of such work in accord- ance with the plans and specifications therefore , and estimates thereof shall be decided by 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 specified in a written AONL W"Notice to Proceed" and to fully complete the project with consecutive working days thereafter. The City reserves the right at any time 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 of $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 Ced in the performance of this contract the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Rela- tions and Second Party acknowledges that he knows the prevailing hourly rate of wages for all classes and crafts of labor to be used in the performance of this contract because he has obtained the pre- • vailing hourly rate of wages from the contents of Special Wage Determination No . 0-026-137 , in which the rate of wages are set forth. IV 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 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 performed under the terms of this contract , and agrees further that the afore- mentioned accurate record shall be available and open at all reason- able hours for the inspection by the Director of Public Works or any other authorized employee of the City of Jefferson, Missouri . In com- pliance 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 workmen performing work under this contract, Section 290 . 250 . The Contractor shall for- feit to the City Ten Dollars ($10) for each workman employed, for each claendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done unders said contract , by him or any subcontractor under him, Section 290 . 250 . The Second Party agrees to completely indemnify and hold harm- less the City of Jefferson for any and all damages , injuries , actions , costs , attorney' s fees and all other expenses whatsoever , arising out 46f 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 excution of this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of CITY OF JEFFERSON, MISSOURI (BY) (BY) This contract, executed in duplicate, one copy being deposit in the office of the City Clerk of the City of Jefferson, and the other being returned by the party of the Second Part. �. 8 t r NAMt AND ADDRESS Or AGENCY Winter—Dent & Co. COMPANIES AFFORDING COVERAGES W P.O. Box 1046 COMF'ANY Jeff cn City, Missouri 65102 L(TTER A United States Fidelity and Guaranty COMPAN 111TFR Y B Fier s Fund NAME AND ADDRESS OF INSURED COMPANY J.C. Industries, Inc. IUTTER P.O. Box 1264 COMPANY D Jefferson City, Missouri 65102 (rTTER COMPANY 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. Limits of Llabil ty in T ousan s COMPANY TYPE OF INSURANCE POLICY NUMHLR POI ICY OCCURRIENCf. LETTER CXPIHATION DATE AGGREGATE GENERAL LIABILITY ()ODILY INJURY f f ®COMPREHENSIVE FORM ®PREMISES-OPERATIONS PROPERTY DAMAGE f f ® EXPLOSION AND COLLAPSE HAZARD A UNDERGROUND HAZARD SMP 738916 7-1-81 PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND FRICONTRACTUAL. INSURANCE PROPERTY DAMAGE f 500, f 500, F BROAD FORM PROPERTY COMBINED DAMAGE 0 INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY f AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) f ki COMPREHENSIVE FORM BODILY INJURY f A f�OWNED BAP 315980 7-1-81 (EACH ACCIDENT) HIRED PROPERTY DAMAGE f NON-OWNED BODILY INJURY AND f PROPERTY DAMAGE SOO, COMBINED EXCESS LIABILITY BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE f f B ❑ OTHER THAN UMBRELLA XL,B 142 42 79 7-1-81 COMBINED 1,000, 1,000, FORM WORKERS'COMPENSATION STATUTORY A and 1 70 3900 725744 7-1-81 EMPLOYERS'LIABILITY f 100, (EA:HA000FNT) OTHER DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES Constructicn of a 611 water line for Jefferson City memorial Airport Cancellation: Should any of the above dellribed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 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 CERTIFICAT E HOLDER: 7, 1980 DATE ISSUED: Aiigust City Of Jefferson City Hall Jefferson City, Missouri 65101 AUTHORIZED REPRESENTATIVE ACORD 25(1.79) �W' f Bond No. 49 33 58 ?AID ❑ THE WESTERN CASUALTYAND SURETY COMPANY ❑ THE WESTERN FIRE INSURANCE COMPANY The Company to provide this bond coverage shall be designated with an [i]. FORT SCOTT.KANSAS 66701 PERFORMANCE BOND Approved by The American Institute of Architects, A.I,A. Document No. A-311 Feb. 1970 ED. KNOW ALL MEN BY THESE PRESENTS: That........................ J. C. INDUSTRIES, INC (Here Insert full name and address or legal title of rho Contractor) Jefferson City, Missouri .............................................................................................................................................................................................................................................................................. as Principal,hereinafter called Contractor,and THE WESTERN CASUALTY AND SURETY COMPANY and/or THE WESTERN FIRE INSURANCE 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 Obligee,hereinafter called Owner, in the amount of Nineteen Thousand Five Hundred Eighty-Nine dollars and .......................................................................... ...................................... ......fQJfty=,5 ..�nt�-.......... — ��__ ��,_—�.��_��.��__��.�.~.-....... Dollars ........................................................................................................................................................... (S for the payment whereof Contractor and Surety bind themselves, their heirs,executors, administrators, successors and asift,jointly and severally, firm!y by these presents. WH AS, Contractor has by written agreement dated...........<.USt...5..•••.,,••,.,...,...••.... 19 ....8Q...., entered into a contract with Owner ................Qqn txuct , „of„a 6” water line to serve...the Jefferson City I iorial Airport.,..,,........,....,.., 46" 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 of 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 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 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. Auc,�tlst Si�and sealed this................................7th..........................................................day of.............. ...... ............................................A. D. 19....$0................. INDUSTRIES INC. In the presence of; `T.' ...........................................tFr�.....`p�j...... (Seal) T................... ........................................................................................................................................ ... .. . ........... (Title) ............................ THE WESTERN CASUALTY ANDSU ETY COMPANY THE WESTAERN, FIRE INSURANCE COMPANY 0 ... .......!..:..1........Lll/.............. �..................... By.... �/ �. ............. ...... .... ....... ..... ................. Glenda A. Fry Attorney-in-Fact Performance Bond for General Contractors. 56 5715(1) FORM FS 5617-R4 MUL. *<5+ Bond No. 49 33 58 «, THE WESTERN CASUALTYAND SURETY COMPANY FORT S(:017, KANSAS A STOCK INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 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....................................................................... .......... .. ....................................................................... ,Here insert full name and address or legal title of the Contractor) Jefferson City, Missouri ..............................................................................an-d-....................................................A*N.,..............................................................................................................F................ as Principar, hereinafter called P(incipal, and THE WESTERN CASUALTY AHD SURETY COMPANY, Fort Scott, Kansas, as Surety, hereinafter called Surety,are held and firmly bound unto............................. 1tZ!„Of„JefferSOnr MiSSOUri ..................................................................................................... .............................................................................................................................................................................................................................................................................. (Hero insert full name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Nineteen Thousand F1Ve ................. ........................... u>1t 1...1 iBh Y–.�T�I e...Aosix.cents-----.-------- -. --------Dollars ... .. (Here insert a surn equal to at least roua•half of the contract price) (5.., ..-------.. -.), 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.............4pgq.st.. 5............,........ 19 ... 80 entered into a contract with Owner for .... construction„of,..a 6”.water line to serve the Jefferson Ci.tx Memorial Airport ................. ............................................................................................... accordance with Drawings and Specifications prepared by ..................................................................................................................................................................... AM .................................................. ........................................................................................................................................................................................................I.............. (Hero laser) lull Hama and address or lepol title of Archriectl 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 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 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 Prin- cipal,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 whichsaid 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 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. The amount of this bond shall be reduced by and to the extenr 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.........................................7th...............................,..................day of...........Amt.............................A.D.19.....80.......................... In the presence of: r J,C. INDUSTRI I (Seal) . ....... ....................................... ......... ...i. inc .................................................................................................................................. .. ......... ................... ttic) ... . ........ ....... ....... HE WESTERN CASUALTY AND SURETY P Y lq ••`. �.r�F. ..... ........(:�, . ..................... ey lerrda A� .: ............... .. .... . .............................. Attorney-in-Fact Form FS 5618-133 MUL. POWER OF ATTORNEY The Western Casualty and Surety Company HOME OMCE—YORT SCOTT, KANSAS NOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation State of Kansas, having its principal office In the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the o"."of the said Company on December 2, 1953, to-wit: action 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, iecognizances, 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, 1•tissouri its true and lawful agent(s)and Attofney(s)-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. Provided, No authority is extended for the executionof open Penalty Bonds. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, tgg&intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in cott, State of Kansas, in their own proper persons. he following Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held Aft on the 10th day of November, 1970: "RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Section 27 of tire 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 or 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..............................19......................................day of.....Q.c.kQbgx..............................,19.......x.9...... THE WESTERN CASUALTY AND SURETY COMPANY STATE OF KANSAS By COUNTY OF BOURBON ss Vice President On this............19.0day of..........ft t0b.Mr......................... A.D., 19.......7.9, before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon,duly commissioned and qualified,came............................V. J. O'Gorek..............t Vice 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 seat 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 that Bylaw,Section 27,adopted.by the Stockholders of said Company,referred to In the preceding instrument, is now in force. IN 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 i 1y, [f C NOTARY�s My appointment expires September 5, 1980 IWO %rueLre Notary Public. •-(' G. R. Cantrell .......................... ,Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY,do I.................. 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. 5th IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this.............................. .day of ...............' �t•..•................................ 19....80......... *7 � SEAL Assistant Secretary. FORM Fill 8111Y0•R4