HomeMy Public PortalAboutORD09493 BILL N0 , y j"
INTRODUCED BY COUNCILMAN
,gyp ORDINANCE NO.
® AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT� Imi %
Willard Stockman Construction Company, Inc .
r '
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
Iexecute a written• contract with Willard Stockman Construction
Company, Inc .
for the construction of the 1980 Parking- Facilities Tmnrovemen
for the sum of $64 , 975 . 00
I� 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 :
President of the Council Mayor
ii ATTEST:
1 City Clerk `
17
I
CONTRACT FOR PUBLIC WORK ,
THIS CONTRACT, made and entered into this clay of ,
19 , by and between George llartsfield , president of the City Council
of the City of Jefferson , Missouri', a municipal corporation of the third
class of the Stato of Missouri , Party of the first Part , and who acts
for and on belialf of the City of Jefferson, and Willard Stockman
Construction Company, Inc .
Party of the Second Part , . WITNIESSETH:
.TIIAT, WHERHAS , the City Council of the City. of Jefferson, Missouri ,
did on the clay of L9 award to the
Party of the Second Part , ,
the contract for the improvement of the 1980 Parking Facilities
City of Jefferson, Missouri
NOW, THERIEFORIE , for an in consideration of the awarding of this
contract and the work thereunder by said First Party hereto , the City of
Jefferson , it4.issoui•i , to the Second Party, Willard 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 . tfierefore
monies now in the treasury of the First Parry, upon the acceptance of
said work by the City Council of the said City of Jefferson .
QUANTITY C LASS.II'ICATION UNIT PRICE AMOUNT
Police Station Parking Lot
® Lump Sum Clearing, Grubbing, $ .Removal $100 . 00 $ 100 . 00
Lump Sum Grading and Excavation 600 . 00. $ 600 . 00
890 S .Y . 5" Non-Reinforced P . C .C . Pavement 960 . 00 $8544 . 00
$ 220 . 00
20 Ton Roll Stone Base 11 . 00
Sub Total $9464 . 00
State & Adams St . Parking Lot
Lump Sum Clearing, Grubbing & Removal 100 ,00 $ 100 . 00
S Lump Sum Grading and Excavation 600 . 00 $ 600 . 00
1010 S .Y. 1 12" Asphaltic Concrete Wearing 3, 00 $3030 . 00 •
,Surface
1010 S .Y. 2%" Asphaltic Concrete Base Surface 4 . 50 $4545 . 00
290 L. F . 6" Type "A" Curb $ Gutter 6 . 50 $1885 . 00
25 Ton Roll Stone Base 11 . 00 _.$ 275 . 00
Sub otal $10435 . 00
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' UANTITY CLASSIFICATION UNIT PRICE AMOUNT
!j High Street Parking Lot
�j Lump Sum Clearing, Grubbing, $ Removals $.,:100 . 00 $ 100 .00
Lump Sum Grading & Excavation $2100 .00 $2100 .00
! Est . Cut- 381 .68 C.Y.
Fill- 485 . 83 C .Y .
2050 S .Y. 1' 11 Asphaltic Wearing Surface $ 3 . 00 $6150 , 00
2050 S .Y. 2h" Asphaltic Concrete Base Surface $ 4 , 50 $9225 . 00
(� 495 L. F . 6" Type "A" Curb & Gutter $ 7 . 00 $3465 ,00
275 Ton Roll Stone Base $ 11 . 00 $3025 .00
1 Each Type "A" Drop Inlet $ 600 .00 $ - 600 .00
r 70 L. F. 12" CMP (Complete in Place) $ 13 . 00 $ 910 .00
Lump Sum Retaining {Nall (Complete in Place) $ 210 . 00 $17472 .00
Est . 83 . 2 C .Y .
Lump Sum Water Proofing $ 200 . 00 200 .00'
II 181 L. F . Steel Handrail. $ 9 . 00 . 1629 . 00
!I Each Standard Manhole $ 200 . 00 200 .00
Sub Total -$45076 .00
Total Amount $64 ,975 . 00
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1113011 completion of the work , readjustments in tics contract price shall;
be made according to actual, measurements and at the price per unit specified
in the contract .
Adh
NOW, BY THESE PRESENTS , it is agreed and understood by the parties
hereto, that this contract- is entered into subject Lo all existing ordinances
of the City of Jefferson pertaining to the work awarded and subject to the*
plans and specifications and est-imat.es ,of the costs for such work on file in
the office of the City Clerk , and which shall be considered a part and parcel of
this contract ; that .all cluest.i.ons arising as to the prober performance of .this
contract of such work in accordance with the plans and specifications therefor,
and estimates thereof, shall be decided by the Director of Public Works of
the City of Jefferson , Missouri , or by such competent person appointed by the
Mayor and the City Council :of the City of Jefferson to supervise and superin-
tend said work in the place of and instead of such Director of Public Works ;
that in the case of improper construction, the City of Jefferson reserves the
right at any time to suspend , re-let- or order an entire reconstruction of the
wor that- Contractor agrees to commence work on or before a date to be
spec fied in a written "Notice to Proceed" and to ful.l.y complete the project
within 60 working days thereafter. The City
reserves the right- at any time to suspend, re-let or order an entire' recon-
struction of the work awarded and to declare the contract forfeited; but that
such suspension, re-letting or reconstruction or forfeiture shall not affect
the right of the City to recover all damages and- penalties accruing or due
it by reason of the Contractor ' s non-compliance with this contract . Liquidated
damages of _$t n0 - oo per'7ciwnf ll be msessed 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 d rmined by the Department of Labor and Industrial. Relations and
5econu Party acknowledges that he knows the prevailing hourly rate of
`.'-ivages 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. 1-026-006 in which
�'.,the rate, of wages are set forth.
The: Contractor further agrees, as the Second Party, that lie will keep
:.tn accurate record showing the names and occupation of all workmen employed
tay them in connection with the work to be performed under the terms of this
rcontract, which record shall show the actual 'wages paid to each of said
*.workmen in connection with Hie work to he performed under the terms of this
,,ontract, and agrees further that the aforementioned accurate record shall be
,%vailable and open at all. reasonable hours for the inspection by the Director
-,)E Pu ' ic Works or any other.. authorized employee of the City of Jefferson, '
r4isso In compliance with the Prevailin g Wage a I,aw, as Amended in Sections
290. 210 to 290. 310 •inclusive, Revised Statutes of Missouri. , 1969, effective
letober 13 , 1969, not less than the prevailing hourly rate of wages in the
lefferson City area shall be paid to all workmen performing work under. this
.ont4raet, Section 290 . 250. The Contractor shall forfeit to the City Ten
AP
-a-
rlars ($10.00) for eagh workman employed,- for each calendar day, or
tion 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,
attorneys ' 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'made prior to the execution of this contract,
IN WITNESS WHEREOF, the parties have hereunto set their hands and
i
seals this day of 191
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 retained by the party of the Second Part ,
t,.
�7TH .. 1 •
F7R't.(
Fidelity and Deposit Company.
01 110ntc OFUCE OF MARYLAND aAMMORE, AM 21203
pd rr
'
Performance (Bond
KNOW ALL MEN BY THESE PRESENTS:
That..Willard Stockman Construction Company, Inc. , 1402 Stadium,
.................................................................................................................................................................
(Here tneert the n`.. yb� r
ess or legal
J.e.ff.e.r.son. Ci.tx,...Missour.i.........�........ Ut.l.e..o..f the Con.t.r.a..c.tor)
........ . ,.. ..... .... ........ .. ..
as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT 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........................................................................................
Cityof Jefferson •-----•.. ..............................................................................................
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount of...Sixty-Four Thousand Nine Hundred Seventy-Five Thousand
.. .. .. .. . ...................................................................................•--................
Dollars (5..6.4.*.�.7.5t..0.0.-.-r..-.---.--.—), for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
2...-•••••......•-•-•......19.8 0
WHEREAS, Contractor has by written agreement dated.......................September...... .
entered into a contract with Owner for.....the...cnnS.trL1C.ti.on...o.f..th�..1.�$0..Parking...Facilities
ImprovementsJ.....••....--•-•-..........-•--• ..............................•.....................
............................................... ..•--•----....----.......... ....----•------------................--..........................
........................
in accordance with drawings and specifications prepared by....................................................................................
.............•-••----...----..............................................-•--•-------•-----•-••--•-----••-----------•--•-....---......-•-•-----.......---................•---••--•---....._
(Here Insect 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.
2nd September 80.
Signed and sealed this........................................... ................ ..............................................._
.........
day of A.D. 19........
In the presence of:
Willard Stockm�:n Construction(gaippany,Inc.
Principal
...................................................................................._. B Y.?...................................
. ...........
Witness Title
{ FIDELITY AND DEPOSIT COMPANY OF MARYLAND
!... ........ B ..!l..�AF
II:LrLt.(-sP ...... ......(SEe1L)
..... ... .. ... .. . .. . . ... ..
Witnes Attorney act Title
C309e-20M.124s 199717
Approved by The American Institute of Archltecti.A.I.A.Document
No.AJ11 February 1970 Edition.
i
. Fidelity and De' p' osit
NOME OFFICE OF MARYLAND BALMUORE, MD. 21203
Labor and Matterfa>tl Payment Ronal
Note: This bond iq issued simultaneous) with Performance Bond in favor
of the owner conditioned on the hull and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESEN'T'S:
That.W.t.lkli3.rd...StQ.CkMaLrl...Cons.txuction...Comp.any..,....Inlc....,....1.4-02...S.tadium................
(here Insert the name and address or legal title of the contractor)
oi�...city.'...Missouri...6.51.01.........................................
................................................................
as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in tine City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto..... .................................................................................
CtY....o f...Jefferspn...........................................................................................................................................
(here insert the name and address or Ie a,l title of tite Owner)
as Obligee, hereinafter called Owner, for the use and benefit Of claimants as hereinbelow defined,
in the amount of....1?.cty.-.>~our....Thousand...Nine...Hundred...Se enty.-Five...and...............
No/100------------------------------------------------------------
...................................................I. ...... ........ ....................................................
....... ..... ... . ...... .............. ............ .
(here Insert a sum equal to at least one-half of the contract price)
Dollars (S...6.4 r 97.5 . 00— -----),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.........S.e.ptember...2..............................19...8.0,
entered into a contract with Owner for...the_ Construction- of the 1980 Parking
................. ..............
Facilities...Impr-ovements.,..............................................................•--..............................•--......................
in accordance with drawings and specifications prepared by....................................................................................
............................................................................................................................................................................................
(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 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,theta 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
Cont-.act.
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 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 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) 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.
N< . Signed and sealed this..................2.n. ..................................day of A.D. 19.80,.
. ...........
t In the presence of: illard Stockman Construction (go Inc.
..... . .•--•-• . . .
Principal
. y
........................................................•-•.....-•-................... .....
.........................................................--
............................
Witness Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
................... ................ ........... Bj r�!fQl� ff( ,.S..n�!c ................(SEAL)
Witne s Title
Attorney in Fact
00903-201,12-75 199717
Approved by The American Institute of Archltects,A.I.A.Document
No.A-311 February 1970 Edition.
t
• Power of,Attorney '
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NOME OFFICEi BALTIMORE,MD.
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Corpora-
ti of the State of Maryland, by C., M. PECOT, JR. , Vice-President, and C. W. ROBBINS ,
istant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Com-
pany, which reads as follows:
SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author-
ized so to do by the Board of Directors or by the Executive Committee,shall have power,by anal with the concurrence of the Secre-
tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents, Assistant Vice-Presidents 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 documents which the business of the Com-
pany may require,and to affix the seal of the Company thereto.
does hereby nominate, constitute and appoint James D. Werner, William A. Norman and Mary
Ann Neutzler, all of Jefferson City, Missouri, EACH.... ,.° .°° .°..° °.
1 IfFr ue and law ul 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.......°.°.A...°
the 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, September 14, 1979•
The said Assistant Secretary does hereby certify that the aforegoing 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
...................39&11................_.............day of.....................Jvly...............................A.D. 193.Q....
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
.a
~� P
SEAL
� ' • 0_�
.................................................................. By.................. .. .._. ...................
Assistant Secretary Vice-President
STATE OF MARYLAND l SS:
CITY of BALTIMORE f
On this 30th day of July ,A.D. 19 80 , 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 Am)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 anA year
first above written.
Notary Public Commiss' n pires-%TiAl3C..I*...-i9.6�.
CERTIFICATE
I the undersigned,Assistant Secretary f the FIDELITY AND DEPOSIT COWANY OF MARYLAND do hereby certify hat 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; d I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe.
ciaflzz 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 FIDELITY 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 AND 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 attorney issued by the Company,shall be
valid and binding upon the&mpany 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
913d........»............day of...-.......aP_PtQmb.eX_..-.., 19_..$0.
.......................................... ................................. .................
1.1423M(L IM,6-80 210737 Assistant ecrelary