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Home My Public Portal AboutORD09652 BILL NO._8(-Al INTRODUCED BY COUNCILMAN ORDINANCE N0. to S2e I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH Jefferson Asphalt Company Jefferson City, Missouri 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 Jefferson Asphalt Company for the overlay project for the sum of $236,965 .00 SECTION 2. A copy of said contract is attached hereto. SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: 9$L Approved: P ide& of the Cou it Maoo Attest: City Cler CON'T'RACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this jf't!� day 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 State of Missouri , Party of the First .Part , and who acts for and. on behalf of the City of Jefferson , Jefferson Asphalt Company - Jefferson City., Missouri Party of the Second Part , WITNISSPTH: THAT, WHEREAS, the City Council of the City. of Jefferson, Missouri , did on the day of 19 award to the Party of the Second Part , Jefferson Asphalt Company, the contract for the overlay project NOW, THEREFORE , for an in consideration of the awarding of this contract and the work thereunder by said First Party .hereto , the City of . Jefferson , 1.4issouri , to the Second Party, Jefferson Asphalt Company 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 PRICH AMOUNT ®, 8300 tons Asphaltic Concrete .. Grade I'D" $28,55/ton $236,965. 00 • I 2 - Upon completion of the work , r.eadjustmonts in t:liv cnntr. act• price shall be made according to actual measur.cments and tit the price her unit specified in the contract . NOW, BY THESE PRESENTS , it is agreed and understood by the parities 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 estimates 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 questions arising as to the proper 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 C'ouncil • 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 woaW that Contractor agrees .to commence work on or before a date to be spdlffified in a written "Notice to Proceed" and to fully complete the project within 60 calendar 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 $50.00 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 ermined 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 performance of this contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 2-026-012 , in which the rate of wages are set forth. 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 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 shall be available and open at all reasonable hours for the inspection by the Director of 0 i 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, 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 forfeit to the City Ten r - 3 - 011ars ($10 .00) 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 , 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 seals this day of 19JJ_•, CITY OF JEFFERSON, MISSOURI • (BY) .JEFFERSON ASPHALT COMPANY (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 , ti,. NAME AND ADDRESS OF AGENCY NAUGHT-NAUGHT INSURANCE AGENCY COMPANIES AFFORDING COVERAGES 425 East High St., P.O. Box 1768 COMPANY A HARTFORD ACCIDENT & INDEMNITY Jefferson City, Missouri 65102 LFTTCR COMPAN v RANGER INSURANCE COMPANY Lt.ITf.H AND ADDRESS OF INSURED COMPANY JEFFERSON ASPHALT COMPANY, INC. LETICI+ Route 2, Idlewood Road COMPANY Jefferson City, Missouri 65101 LErrtr+ COMPANY Ir 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 c r 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 POLICY Limits of L ab I ty In Thousan s LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY S 500 i 500 A X❑COMPREHENSIVE FORM ®PREMISES—OPERATIONS 84CB�5375 lO/Ol/81 PROPERTY DAMAGE S S ®EXPLOSION AND COLLAPSE 100 100 HAZARD ®UNDERGROUND HAZARD PRODUCTS/COMPLETED ® OPERATIONS HAZARD BODILY INJURY AND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJUF+Y $ 500 AUTOMOBILE LIABILITY DODILY INJURY $ (EACH PERSONI A ® COMPREHENSIVE FORM BODILY INJURY $ ® OWNED (EACH ACCIDENT) ® HIRED 84CBJ5375 10/01/81 PROPERTY DAMAGE $ ® NON-OWNED BODILY INJURY AND PROPERTY DAMAGE 500 _ COMBINED EXCESS LIABILITY BODILY INJURY AND B ® UMBRELLA FORM $RU452790 10/01/81 PROPERTY DAMAGE $ 1,000 1,000 ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION SrATUTOftY A and 84WEBJ8879 10/01/81 EMPLOYERS'LIABILITY s 100 (E/CHACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES JOB: bid number 113, street maintenance overlay project for the City of Jefferso Missouri Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail I Q 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. i NAME AND ADDRESS OF CERTIrICAT E HOL DER SEPTEMBER 4, 1981 DATE ISSUED: THE MAYOR, CITY OF JEFFERSON Jefferson City, Missouri 65101 )m4tz�z bdr 27 AUTHORIZED REPRESENT TIVE THOMAS S. NAUGHT IACORD 25(1.79) BOND NO. 558-92-96 WTANCff i "~ American Casualty Company of heading, Pennsylvania Offices/Chicago, Illinois PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we JEFFERSON ASPHALT COMPANY, INC. Principal, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Surety, are held and firmly bound unto THE MAYOR, CITY OF JEFFERSON Obligee, inthesum of Two Hundred Thirty Six Thousand, Nine Hundred Sixty—five and no 00/100 — — - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Dollars ($ 236, 965.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated August 19, 1981 for bid number 113, street maintenance overlay project for the City of Jefferson, Missouri. 0 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 August 19, 1981 JEFFERSON ASPHALT COMPANY, INC. . ,.., �( (Seal) Principal • AMERICAN CASUALTY COMPANY OF READING,RENNS,YLVANIA Y .. . Attorney- THOMAS S.' IIAWHT.. Form 1-XI-266—LT American Casualty Company BOND NO. 558-92-96 of Reading,Pennsylvania MewdctMCr�,a+a�r CNA Offices/Chicago,Illinois .PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That JEFFERSON ASPHALT COMPANY, INC. Principal, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Surety, are held and firmly bound unto THE MAYOR, CITY OF JEFFERSON Obligee, In the sum of Two Hundred Thirty Six Thousand, Nine Hundred Sixty-five and no 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dollars(S 236,965.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,Jointly and severally, firmly by these presents. WHEREAS, Principal has entered Into a contract with Obligee, dated August 19, 1981 for number 113, street maintenance overlay project for the City of Jefferson, Missouri. 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 August 19, 1981 JEFFERSON PHA CaaRANY, INC. (Seal) Principal AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA by ;. •Attlxney In-Fac THOMAS S. NAUGHT Form B-23214-A American Casualty Company of Reading, Pennsylvania a PR" CNA Offices/Chicago,Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT goKnow All Men by those 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 Thomas S Naught, Individually of Jefferson City, Missouri Its true and lawful Attorneyin-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 Attorney-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 Board 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 President and its corporate seal to be hereto affixed this 11th day of July ig 79 AMERICAN CASUALTY PA OF READING, PENNSYLVANIA State of Illinois 1 ,ter 31 County of Cook f ss ism �� r all Vice President. On this-11th day of July 19 79 , 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 seal 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. %ten 0w+ 7 NOTARY • vuBLw I ene Bieniewski Notary Public. oo+ooY°` My Commission Expires October 10, 1982 CERTIFICATE 1 T. F. Doyle , 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 have hereunto subscribed my name and affixed the seal of the said Company this 19th day of August 19 81 +��ntr>w►a�rro � JULY. T. F. Doyle Assistant Secretary. 8.23142•B