HomeMy Public PortalAboutORD09608 � r
BILL NO.
INTRODUCED BY COUNCILMAN
ORDINANCE NO.
i
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH
Willard J. Stockman Construction Co. , Inc.
1402 Stadium Boulevard
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
authorized and directed, for and in the name of the City, to
I execute a written contract with
Willard J. Stockman Construction Co. , Inc.
for the improvement of
iI ' 1981 Curb and Gutter Phase I - Crader Drive, Heisinger Road,
Michigan Avenue
4 for the sum of $156 , 298 . 00
SECTION 2. A copy of said contract is attached hereto.
�I
SECTION 3 . This ordinance shall take effect and' be in
force from'and after its passage and- approval.
1
4 Passed: Approved :
• �
r sid t of the C ncil Ma(j
Attest :
I!
!j
!, 4
Cit Cle k
rt 17.
�J.
1
't CONTRACT FOR PUBLIC WORK
THIS CONTRACT, made and entered into this day of
AML
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 whb
acts for and on behalf of the City of Jefferson , Willard J. Stockman,
Construction Co. , Inc. Party of the Second Part ,
WITNESSET 11:
THAT, WHERL•AS, the City Council of the City of Jefferson, Missouri ,
did on the &Z day of 19 Ael-l-/ , award to - the Party of
the Second Part , Willard J. Stockman Construction Co . , Inc.
the contract of the improvement of 1981 Curb and Gutter Project Phase I
Crader Drive , Heisinger Road, Michigan Avenue
NUR', 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 Willard J. 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 therefore :
1 . Special Tax Bills to be issued by the City of ,Jefferson
aforesaid , against the real estate sabject 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
SCity of ,Jefferson , Missouri .
, lrNl'I'
.:( UA2 NTITY CLASSIFICATION PR1t:1's APIOUNT
r ,
LS Removals & Demolition 500 . 00 500 . 00
LS Grading f, Excavation Est .
,C-4090 CY F-923 CY i 13500 . 00 13500 . 00
5501 LF 611 Type "A" Curb & Gutter 4 . 00 22004. 00
8263 SY 6" PCC Pav' t or 7" AC Pav't 12 . 00 99156 .00
-372 SY 6" PCC Drive Apron 13 . 00 4836 . 00
4 EA Type "A" Drop Inlet 650 . 00 2600 . 00
2 EA Type "B" Modified Drop Inlet 650 .00 1300 .00
1 EA Standard Manhole 475 . 00 475 .•00
329 LF 15" CMP (complete in place) 15 . 00 4935 . 00
67 LF 18" CMP (complete in place) 16•. 00 1072 . 00
250 TN Crushed Stone Drive 6 . 50 1625 . 00
75 SY 4" PCC or AC Dr. Replacement 10 . 00 750 . 00
9 EA Adjust Existing MH to Grade 75 . 00 675 . 00
BLS Connecting 15" CMP to ' Existing 30" ,RCP 150 . 00 150 . 00
1. 7 ACRE Seeding & . Mulching 1600 . 00 2720 . 00
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 cstimatcs of the costs for
work on ,file in the office of the City Clerk, and which shall be consid-
ered a part and parcel of this contract ; that all questions arising as
to the propor performance of this contract of such work in accordance
with the plans and specifications therefore , and estimates thereof, shall
;.1)e deeded by the D I rec for of Public Works o f Hie 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
AM
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 reconstruc-
tion of the work ; that 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 90 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 contact forfeited, but that such suspension, re-letting or recon-
struction or forfeiture shall not affect the right of the City to
recover all damages and penalties accruing or due it by reason of the
AVk
Contractor ' s non-compliance with this contract . Liquidated damages
of $100. 00 per day will assessed against the Contractor for each
day the work remains incomplete following the completion date or
ex4ension thereof.
The Second Party agrees to pay all classes and crafts o-f 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 lie 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 ha..-, obtained tlhe prevailing hourly rate
• of wages from the contents of Special Wage Determination No . 1-026-077
in which the rate of wages are set forth.
The - Contractor further agrees , as the Second Party , that )le 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 t1lis contract , which record shill shown the actual
•'wagos paid to each said workman in connection with the work to be per-
formed under tile terms of this contract , and agrees further that the
aforementioned 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 workman performing work
under this contract , Section 290 . 250 . The Contractor shall forfeit to
the City, Ten Dollars ($10) 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 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 , i.nj"Uries , actions , costs ,
attorney' s fees and all other expenses whatsoever , arising out of the
pe4rformance 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 interlineati.ons , corrections ,
deletions and changes herein have been prior to the execution of this
contract .
IN WITNESS IV]II.:RFOF, the parties have hercunto set their hands and
seals this clay of , 19��.
'I'Y OF ,JEFFERSON , MISSOURI
Mayor
City Clerk
for —Willard Stockman Con-SETOUTFERn Co. . Inc.
Fidelity and Deposit Company �
1I0A18 OF11C13 OF MARYLAND nUrimoiw, AM 21203
Performance Bond
J I
KNOW ALL MEN 13Y THESE PRESENTS:
That.V!.!ard J.. Stockman Construction Company, Inc. , 1402 Stadium Boulevard, .
(Ilere IoM t th i i nd uddrews or legal title of the Cuntruclor)
...........Jefferw City.jt. Mi,ssouri`...W9 b`� .......... ...............................
.,
as Principal, hereinafter called Contractor, fund FIDUMITY AND DEPOSIT COMPANY OF MARYLAND, a-corpora-
tion of the State of i\Iaryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto..C, V..of Jefferson.,. Jefferson CitY,......
....Miss.our..i......�a.1.Q1............... .......... ..... .. .. ....................................................
Mere Insert the none and uddress or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount of........en.e..hundred,.Ai..f.ty....six..thous.and,...two...hundred.„..n.i.nety...eight...&..00%100
.............................................................................. .............................................................................................................
Dollars (5....156;298,.00,_.. .....), 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.....Apt^iL.2.1............................................
entered into a contract with Owner for.....the...improvement...of....198.1..Curb and.-Gutter...Phasp—A...n
Crader.,Dri.ve.,..Hgi si n.ger..Road.,...Mi ch.i.gan..Av.enue..................... ..........................
0........................................................................................................................................................................................
in accordance with drawings and specifications prepared b5.y....................................................... ............................
............................................................................................................................................................................................
Mere insert full name,title nod 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 tinder 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 lie
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 (?) 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.
Signed and sealed this................1St.....................................day of......Apri1...............................A.D. 19...81
. In the presence of:
Stockman.,.Con.struction Co. p..(kgRr)
1'ritfcipal
..... .................. By.�...lr:rt��.�f,, ..................
... ... . . .... . .. . . . . . .. .
Title '
FIDELITY AND llEPOSIT COMPANY OF MARYLAND
... . ... ............ 13y. (Sr.AL)
A rn in act itie
I
C309e=20A1,12.75 199717
Approved by The American Institute of Aichitects,A.I.A.Document
No.A-311 February,1970 Edition.
•
Fidelity- and Deposit Company,,0,',,�
HOME 01—WICc Or MARYLAND r1�t:r�nroRfT, �►ta. ?r?oa ;; ,y!t ,���e�,4; ' C
Labor and Mitterho1 Payment Bond
Note: This bond is issued si III lilt aneousl with Performance Bond in favor
of the owner conditioned on the full and faithful performance of the contract. f o
�t
KNOW ALL ME-N BY 'THESE PR SE.NTS:
That...H1.i.l,lard,,,Stogkman....C.on.s.tru.Gt.i.on...Com a.n Inc... 1402..Stadium..Boulevard
Jefferson CitJ..l. M (Ilere Inrt.rlt llm1t�t1tJt1 nddtt,•e of lerill title of tits<. tuclu,')
.. .
i ssour. .....
as'Principal, hereinafter cnlletl Principal, anti Fwr-.1,lTV ANI) DEPOSIT COMPANY OF A1Atm.ANa, it corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., its Surety,
hereinafter called Surety, arc held and firmly Itnuntl unto..city Of Jefferson,,,Jeff e _ y.,..Mo.
................................. ... .................. .. . ...................................................
,
(Ilere Insert the umme uud uddrrnm in leltul title of the Owner)
as Obligee, hereinafter Called Owner, for the use and benefit of claimants as hereinbelow defined,
in tlic amount of.0n.e.Aundred,—fifty.six..thousand,...two..hundr.ed..n.ine.ty••eight'-&'•00/100.-
......................I........... .... ...... ..... ..... ... .................................................. ..
(Ilere Insert a scut equal he at leant oaedailf of the contrucl puce)
Dollars (5....1,66.,.298.,00.........................), for the payn)ent whereof Principal and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, Jointly in([ severally, firmly by these presents'-
WHEREAS, Principal has by written agreement slated.....Ap.ri T. 21.. ............. ........... ................19 $1 ,
entered into it contract with owner for.... the..improVement..of..:1981... urb...and...Gutte.r...Pha.s.e...L.
Crader..Oni ve.,..Hei.si.nger.. .Road,...Mi.ch.i gan..Avenue...........:............ .......... ............................................
................................................. . ... ............. .... ... ............ ....—.. ............................... ...................................... ........ ....
in accordance with drawings and specifications prepared h5.y....................................................................................
........................................................... ... ... . ........... . ... ....................................................................................................
(Ilete Imscit full acme,title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE., TIIE CONDITION OR THIS OBLIGA'T'ION is such that, if Principal shall promptly make pay-
ment to all claimants in hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract,then this obligation,hall be void;otherwise it shall remain in full force and effect,subject,however, to the following
conditions;
1. A claimant is delisted 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 ill the performance of the contract, labor :aid material beitig 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 hull before the expiration of it period of ninety (90)days after the(late on which the last of such
claimant's work or labor was done or performed,or materials were furnished by such claimant, may site on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly(Tile claimant, and have execution
thereon.The Owner%foul not be liable for the payment of any costs or expense,of ally such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant,other than one having it 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)(lays 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 ill 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 fat this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended su as to be equal to the ntininutin 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 State,District Court.for the district in which the project,
or any part thereof, is situated, and not elsewhere.
4. The amount of this bout 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 tinder and against this bond,
Signed and scaled this................ 1.St...................................day of.........Aprfl............................A.D. 19....8x, i
Its ttc I presence
of:
Willard...$tookman...Co.n.st.ruc1 i pn..Qa.. ....0mo i
...................................................................................... 0Y.;.................................................. ............................
Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
-/Md44qt.,.%X........ BY...... ..V........ ....................�SL
ILI rn yin act 1 isle
cJo9elf—loth,11•75 low II
App(otwl by The Anirtle.w Institute of Aidillects,A.I.A. Doeuuuvnt
No.AJ11 Pebruatt'1970 1{dltion,
A�/ `