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HomeMy Public PortalAboutORD09470 BILL NO. INTRODUCED BY COUNCILMAN 4V' 9��Z4-� 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 CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. , FOR THE CONSTRUCTION OF PRIVATE SEWER NO. 373, EASTLANDER SANITARY SEWER TO SERVE THE EASTLAND DRIVE AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS : SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with Central Missouri Professional ® Services, Inc. , for the construction of Private Sewer No . 373, Eastlander Sanitary Sewer to serve the Eastland Drive Area. 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 . i Passed: Approved: �� President of the Council Ma pr ATTEST: ity C1 r q � D CONTRACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this 5th day 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 third class of the State of Missouri , Party of the First Part, and who acts for and on behalf of the City of Jefferson, Central Missouri Professional Services , 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, , the contract for the improvement of Private Sewer No . 373, Eastlander Sanitary Sewer 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, Central Missouri Professinnal Services. Tnc. , , 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 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 5262. 30 L.F. 8 11sanitary sewer pipe (in place) 4. 50 $23,680. 35 231 . 95 L.F. 8" sanitary sewer ductile iron pipe 12 . 00 2 ,783 .40 (in place) 4294 . 00 L.F. Ditching and Backfilling (0 ' -61 ) 3 . 50 15 ,029 . 00 762. 00 L.F. it it (6 ' -81 ) 4 . 00 3,048 . 00 132. 00 L.F. if is (8-101 ) 5 . 00 660. 00 65. 00 L.F. to if (10-12 ' ) 6 .00 390. 00 10. 00 L.F. it it (12-141 ) 7 . 00 70 .00 28 each Standard Manholes 475 . 00 13,300 . 00 17. 28 V.F. Additional depth manhole (over 61 ) 50 . 00 864. 00 5 each Standard Outside Drop (0-21 ) 100 . 00 500 . 00 9. 57 V.F. Additional depth Outside Drop 20 . 00 191 .40 (Over 2 ' ) MW UNIT '( U11� N T I T Y � C LAS S11:1CATION 11It1C1: MIUUNT 330 . 00 L.F. Concrete Encasement 10. 00 $ 3 , 300 . 00 200. 00 C.Y. Rock Excavation 45 . 00 9 ,000 . 00 100. 00 L.S. Connection to existing manhole 100 . 00 100 . 00 x,522 . 29 L.F. Seeding & Mulching 1 . 00 1 , 522 . 28 ® Total $74 ,438 . 43 Upon completion o£- 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 ordin- ances of the City of Jefferson pertaining to the work awarded and subject o 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 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 ; chat 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 " q,Q /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 pen- alties accruing or due it by reason of the Contractor' s non-compliance 2116,ith 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 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 perfor- mance of this contract because he has obtained the prevailing hourly rate of wages from the contents 'of Special tillage Determination No . 0-014-039 , in which the rate of wages are set forth. The Contractor further agrees , as the Second Party , that lie 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 of said workmen in connection with the work to be performed under the terms of this contract, and agrees - further . that the aforementioned accurate record sliall 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 , vise(i 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 sliall forfeit to the City Ten Dollars ($10) for each 'workman employed , for each calendar clay , or portion thereof, such workman is paid less than the stipulated rates for any work done under said contract, by him or any subcontractor under him . Section 290 . 250 . ® The Second Party agrees .to completely indemnify and hold harmless the City "of Jefferson for any and all damages , injuries , actions , costs , attorney' s fees and all other expenses whatsoever, arising out of the performance of said work whether the property or persons damages are the servants and employees of the Second Party, or third parties , in no manner connected with said work. All interlineations , corrections , dele- tions and changes herein have been prior. to the execution of this contract . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 19 . CITY OF JEFFERSON, MISSOURI (By) - ✓� (By) This contract, executed in duplicate , one copy being deposited in the office of the City Clerk .of the City of Jefferson, and-. the other being returned by the party of the Second Part. STATE AUTOMOBILE AND CASUALTY UNDERWRITERS MfMffR DES MOINES, IOWA THE ETA: AIN GROUP EXECUTED IN DUPLICATE Bond (0272149 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN KY THEsE PRESENTS,That Central Missouri Professional Services, Inc. 2500 East McCarty Jefferson City, Missouri Principal, and STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, DES MOINES, IOWA . . . . Surety, are held and firmly bound unto Mayor, City of Jefferson City Jefferson City, Missouri Obligee' in the sum of �vntyFdof; � �usand Four Hundred Thirty- - Dollars ($ for the paymen wthlac we in u�sATves,ou'Iiio-�epresentcfives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated July 22, 1980 for "Private Sewer 373 - Eastlander" copy of which contract is by reference mode a part hereof. NOW, THEREFORE,if Principal shall well and faithfully do and the some shall remain in full force and effect; It being expressly perform the things agreed by Principal to be done and per- understood and agreed that liability of Surety for any and all formed according to the terms of said contract; and shall pay claims hereunder shall in no event exceed the penal amount of all lawful claims of subcontractors, material men, and laborers, this obligation as herein stated. for labor performed and materials furnished in the carrying for- ward, performing, or completing of sold contract; we agreeing Surety hereby stipulates and agrees that no modifications, omis- and assenting that this undertaking shall be for the benefit of sions, or additions, in or to the terms of the sold contract or in any material man or laborer having a just claim, as well as for or to the plans or specifications therefor shall in any wise affect the Obligee herein; then this obligation shall be void; otherwise the obligations of Surety an this bond. SIGNED, SEALED AND DATED July 18, 1980 OPrincipal STATE AUTOMOBILE AND CASUALTY UNDERWRITERS By CL, L6� ttorney.In•Fact Mary Sue Goff SO-340 (Do NOT use with a private contract or a subcontract) POWER OF ATTORNEY STATE AUTOMOBILE AND CASUALTY UNDERWRITERS KNOW ALL MEN BY THESE PRESENTS: That Automobile Underwriters Corporation, of Des Moines, Iowa, organized and existing under the laws of the State of Iowa,Attorney- IrWjKt for State Automobile and Casualty Underwriters of Des Moines, Iowa, by President or Executive Vice President in pursuance of au- granted by resolution duly adopted by the Board of Directors of Automobile Underwriters Corporation on the 2nd day of September IVN,W.vhlch reads as follows: "Resolved, that the President, any Vice President, or Treasurer and the Secretary or any Assistant Secretary,or Assistant Vice President, shall have authority to issue and sign bonds, policies or undertakings, and to appoint and to revoke the ap- pointments or attorneys-in-fact or agents with power and authority for the execution of bonds, policies or undertakings in the name of and on behalf of Automobile Underwriters Corporation, as Attorney-in-Fact for State Automobile and Casualty Under- writers of Des Moines, sown. The authorization herein provided shall remain in full force and effect until revoked by further resolution of the Board." does horeby nominate, constitute and appoint Mary Sue Goff Its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver,for,and on its behalf as Surety,and as its act and deed: FOR A PENAL SUM OF UNLIMITED AMOUNT FOR EACH AND EVERY BOND OF. UNDERTAKING EXECUTED HEREUNDER And execution of such bonds and undertakings In pursuance of these presents, shall be as binding upon said Company,as fully and amply, to all intents and purposes, as if such bond had been executed and acknowledged by one of the regularly elected officers of the Company in their own proper person. The Assistant Secretary of Automobile Underwriters Corporation, does hereby certify that the foregoing is a true copy of the resolu. tion duly adopted by the Board of Directors of said Company and is now in force. IN WITNESS WHEREOF, the 4NOM Vice President and the Assistant Seprotary have hereunto subscribed their np oq and affixed the corporate seal of the said Automobile Underwriters Corporation this 5th day of January, l�/9 '' f'`'%. STATE AUTOMOBILE AND CASUALTY UNDERWRITERS Automobile Underwriters Corporation, Attorney-in-Fact :�_ SEAL '`: `�'� � � •>�i cia v By Assistant Secretary ice President ATTEST: STATE OF IOWA COUNTY OF POLK ) On this 5th day of January 19 79 before me personally come H. E. Clendenen to me known,who,being by me duly sworn, did depose and soy, that he resides in Polk County, Iowa,that he iVice-President of The Automobile Underwriters Corporation, Attorney-in-Fact for State Automobile and Casualty Underwriters of Des Moines, Iowa, the Corpo. ration described herein and which executed the above instrument; that he knows the seal of 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. By Notary Public W Commission Expires 9/30/79 CERTIFICATE 1, David Sparks Assistant Secretary of Automobile Underwriters Corporation, Attorney-in-Fact for State Automobile and Casualty Underwriters do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,eice. cuted by said Automobile Underwriters Corporation, Attorney-In-Fact for State Automobile and Casualty Underwriters, which is still in force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the Seal of the Company at Des Moines, Iowa,this 18th day of June 19 80 4 SG-371 Assistant Secretary