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HomeMy Public PortalAboutORD09636 BILL NO. INTRODUCED BY COUNCILMAN ORDI ANCE NO. 9 � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH J. C. INDUSTRIES FOR THE IMPROVEMENT OF STADIUM BOULEVARD AND JEFFERSON STREET GEOMETRIC REVISIONS AND TRAFFIC SIGNALS. 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 J. C. Industries , Inc. , for the improvement of Stadium Boulevard and Jefferson Street Geometric Revisions and Traffic Signals for the sum of $177,898.46. 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: I.S—, l ql Approved: r side of the Co cil y r Attest: City lerk 'yJ1 • .. .. 7 t} f. '1 .fp yr,"ki'f American Casualty Company of Reading, Pennsylvania ® Offices/Chicago,Illinois PERFORMANCE BOND #575 47 91+ KNOW ALL MEN BY THESE PRESENTS: That we J. C. Industries, Inc., Jefferson City, Missouri , Principal, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Surety, are held and firmly bound unto City of Jefferson, Missouri Obligee, in the sum of One Hundred Seventy Seven Thousand Eight Hundred Ninety Ei ht and 46/100-- -----------------------------------------------------------1 - 177,898.J6 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly an severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated June 16, 1981 for Stadium Blvd. and Jefferson Street traffic signals and geometric improvements. ® copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed, and dated June 23, 1981 J. C. INDUSTRIES, INC. - (Seal) Principal AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA by Attorney-in-Fact " Form 1-l-266-LT A, rican Casualty Company ! W Reading,Pennsylvania «w .AV" AWAk AFAR ® Offices/Chicago,Illinois .PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That J. C. Industries, Inc., Jefferson City, Missouri Principal, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Surety, are held and firmly bound unto City of Jefferson, Missouri Obligee, In the sum of One Hundred Seventy Seven Thousand Eight Hundred Ninety Eight and 46/100 ------------------------------------------------------- Dollars($ 107,898.16 ) for the payment of which we bind ourselves, our legal representativ6s, successors and assigns,Jointly and severally, firmly by these presents. WHEREAS, Principal has entered Into a contract with Obligee, dated June 16, 1981 for Stadium Blvd. and Jefferson Street traffic signals and geometric improvements. ® copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, In accordance with applicable Statutes, promptly make payment to all persons supplying labor and material In the prosecution of the work provided for In said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived,then this obligation to be void; otherwise to remain In full force and effect. SIGNED, SEALED AND DATED June 23, 1981 J. C. INDUSTRIES, INC. (Sea" Principal • AMERICAN CASUALTY C MPANY OF READING, PENNSYLVANIA by Attorney-in-Fact Form 8-23214-A Atherican Casualty Company ' of Reading, Pennsylvania WOUgAt arPH" CNA Ah ces/Chlcago,Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint James M. Dent, Glenda A. Fry,,, James J_ Landwehr- 7ndividlially of_.TpffArnon City, M3aanurt Its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company: "Article VI—Execution of Obligations and Appointment of Attomey-in-Fact Section 2. Appointment of Attorney-in-fact. The President or a Vice President may, from time to time, appoint by written certificates attorneys-In-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the _bard of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966: "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer- tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by Its Vice Pmsident and its corporate seal to be hereto affixed this 2nd day of July 19 80 . 0JULT1. AMERICAN 4419 OF READING, PENNSYLVANIA State of Illinois 2 County of Cook Vice President. On this 2nd day of Jul , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Western Springs State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENN- SYLVANIA, the corporation described in and which executed the above instrument; that he knows the seat of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direc- tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Pusucc Edward J. Haan(/III Notary Public. °°couo My Co=ission Expires May 12, 1984 CERTIFICATE I, P. F. Granahan , Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do certify that the Power of Attorney herein above set forth Is still In force, and further certify that Section 2 of Article VI of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I e hereunto subsc ''/bed my name and affixed the seal of the said Company this day of ,e t 191L. t ,AY 31. P. F. Grans n Assistant Secretary. 8.23142-B NAME AND ADDRESS OF AGENCY Winter-Dent & Co. COMPANIES AFFORDING COVERAGES P.O. Box '1046 Jefferson City, Missouri 65102 LEnFn"Y A United States Fidelity and Guaranty COMPANY LETTER Firenan's Fund NA AND ADDRESS OF INSURED J.C. Industries, Inc. LETTER C P.O. Box '1264 COMPANY Jefferson City, Missouri 65102 LETTER COMPANY E 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. COMPANY PDI.ICV Limits of L abilit in Thousands LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE FACH AGGREGATE OCCURRENCE GENERAL LIABILITY A ® SNP 738916 7-1-81 BODILY INJURY $ $ COMPREHENSIVE FORM ®PREMISES—OPERATIONS PROPER i'YDAMAGE b $ 0®EXPLOSION AND COLLAPSE HAZARD VC]UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND 500, 500, <11GJ CONTRACTUAL INSURANCE PROPERTY DAMAGE S $ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY A BAP 315980 7-1-81 (EACH PERSON) 5 COMPREHENSIVE FORM BODILY INJURY $ 19 OWNED (EACH ACCIDENT) F1 HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ 500, COMBINED EXCESS LIABILITY B XLB 142 42 79 7-1-81 BODILY INJURY AND 1,000, 1,000, UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and A EMPLOYERS'LIABILITY 1 70 3900 725744 7-1-81 $ 100, (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES B: City of Jefferson City, Missouri, Stadium Boulevard and Jefferson Street traffic signal and gearetric impmvements Cancellation: Should any of the above descr11bed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 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 CERTIFICATE HOLDERS 6-23-81 DATE ISSUED: City of Jefferson City 240 East High Street Jefferson City, Missouri 65101 AUTHORIZED REPRESENTATIVE ACORD 25(11.79) t, N 1 1 L 1' r STATE OF MISSOURI ) t✓OUNTY OF COLE ) s s ) THIS AGREEMENT AND INDENTURE made and entered onto this , the /(p day of 19 gl by and between City of Jefferson, a Anicipal Corporation party of the first part , termed in this agreement and the specifications as the "Owner", and J. C. Industries , Inc. party of the second part , termed in this agreement and the specifications as the "Contractor". WITNESSETH: THAT, WHEREAS , the Opener has heretofore caused to be prepared certain contract documents comprising the Notice to Bidders , Instructions to Bidders , Proposal Form , Bond Forms , Contract Form, . Regulations of the Contract and 'the Specifications and Plans for furnishing materials and constructing improvements ther in fully described , and the Contractor did , on the _� day of 19 81 file with the Opener a Proposal to furnish Vid materials and construct said improve- Am Wents at the terms therein fully stated and set forth ; and WHEREAS, the said contract documents and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to furnish the material , construct the improvements , and pay not less than the "prevailing wages" called for by the said specifications and in the manner and time of furnishing and constructing same , IT IS THEREFORE AGREED: FIRST - That a copy of said contract documents and proposal filed as aforesaid are a part hereof and that the same do in all particulars become the agreement and contract between the parties hereto in all matters and things set forth therein and described ; that both parties accept and agree to the terms and conditions of said contract documents Snd proposal so filed ; and further that the part or parts of the propo- sal accepted and the compensation therefor are as follows : The complete proposal per bid in the estimated amount of $177 ,898.46 rCQNI'RACT: (Continued) SECOND - The Contract documents and proposal hereto annexed are made a part of this agreement and contract as fully and absolutely as if herein set out in haec verba . THIRD - This Contract is executed in nine copies with distribution as specified in the Regulations of the Contract . IN FAITH WHEREOF, Witness the hands and =seals of both parties on the day and year in this agreement first above written . ATTEST: OWNER CITY OF JEFFERSON, MISSOURI ft BY �• M r Title CITY CLERK Approved as to form - Atto y for the Owner ® ATTEST- CONTRACTOR J . C. INDUSTRIES. INC. By ` Approve as to m tt y or t on a for If Contractor is not an individual , authority for signing contract must be shown or attached.