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HomeMy Public PortalAboutORD09956 BILL NO. SPONSORED BY COUNCILMAN 1 ORDINANCE N0. ® AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TOWNER ELECTRONICS, INC. , FOR THE INSTALLATION OF COMMUNICATION EQUIPMENT. BE I'f ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Towner Electronics, Inc. , for the installation of communication equipment for the sum of $85,372.90. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. -This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved Presiding ficer ayor ATTEST: City Cler'C TELECOMMUNICATION: NGRLBiENT This Agreement is made as of the lrE� day of 1983, _. between the City of Jefferson, Missouri, hereinafter a erre to as "Ci.ty", and Towner Electronics, Inc. , hereinafter referr(-d to as "Towner", for the installation of communications equipment at 320 E. McCarty Street, Jefferson City, Missouri. The City and 'Towner agree as set forth below. 1 . This contract consists of this Agreement, the Request for Proposal, Memoranda Numbered 1 through 5 issued in connection with the Request for Proposal, and Towner' s Alternate Proposal submitted in response to the Request for Proposal. These form the Contract, and are all fully a part of the Contract, and are attached to this Agreement as Exhibit A. 2. Towner shall furnish all the necessary cable, wire, hardware, labor and other items for installation of this system. Towner ►.hell perform the installation in a workmanlike manner, but shall not be responsible for damages to the premises not resulting from Towner' s negligence. 3. Towner shall complete the installation services with Towner' s standard installation practices. Towner shall perform its standard acceptance testing on the installed equipment arid City agrees to monitor said testing. Upon successful completion thereof Towner stall notify City ghat equipment has been installed and operated in accordance with applicable test and performarce specifications. The date of such notification shall be the lnsiallation Completion Date. 4. The Installation Completion Date and any other performance by Towner hereunder, shall be subject to delays caused by an Act of God, war, riot, fire, explosion , accident , flood , sabotagc, inability to obtain fuel or power, governmental laws, regulations, or any other event beyond the reasonable control of Towner. In the event of any such delay, the date set forth herein and the times for performance of any other obligations hereunder will be extended accordingly for additional periods of time to cover such periods of delay. 5. Subject to the provisions of this paragraph and Towner' s Warranty Service Policy, Towner warrants for a period of one year from the Installation Completion Date, that the equipment will be free from defects in material and workmanship. if any defects covered by this Warranty apF,Par within the above statcd one year period, Towner shall have the option of repairing or replacing the equipment at its expense. 6. Towner' s services shall be limited to the installation of the equipment on the subscriber side of the interface equipment connecting the equipment to the telephone system operated by the local telephone utility. 7. The City shall, at its expense, on the date of delivery of the equipment to City ' s premises, and at all times thereafter after the period of installation services hereunder; A. Allow employees or agents of Towner free access to ­umises or facilities where the equipment is to be installed at aii lours consistent with requirements of the installation. B. Assure that the premises will meet all temperature, humidity controlled, air conditioned, and other environmental requirements set forth in the applicable equipment specifica- tions, and will be dry and free from dust and in such condition as not to be injurious to the employees or agents of Towner or the equipment to be installed. C. Provide necessary openings and ducts for cable and conductors in floors and walls. D. Provide electric current for any necessary purpose with suitable terminals in rooms where it is required. E. Provide installed metallic ground or grounds as required. F. Provide conduit systems as required by federal, state or local codes. 8. The total cost of the required equipment and services shall not exceed $85,372:90. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. CITY OF JEFFERSON, MISSOURI By: M Y R ATTEST: j City Clerk (CITY SEAL) TOWNER ELECTRONICS, INC. By: President ATTEST: Secretary (CORPORATE SEAL) C� LT in �. ' 00 PERFORMANCE BOND nw buumnos KNOW ALL MEN BY THME PRESENTS: tKCO'"P`""' That, TOWNER ELECTRONICS, INC. as Principal, hereinafter called the Principal, and. THE CONTINENTAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Hampshire with its principal office at 80 Maiden Lane, in the City of New York, New York, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF JEFFERSON as Obligee, hereinafter called the Obligee, in the just and full sum of Eighty Five Thousand, Three Hundred Seventy two and 90/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -($85,372.90) - - -Dollars, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves,their respective heirs,administrators,executors,successors and assigns,jointly and severally, firmly by these presents. Whereas, the Principal has entered into a certain written contract with the Obligee, dated the 6th day of April 19 83 to April 6, 1984 for installation of communications equipment at 320 East McCarty Street, Jefferson City, Missouri which contract is hereby referred to and made a part hereof, as fully and to the same extent as if copied at length herein. Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of the obligations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and shall fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur by reason of such failure; then this obligation shall be null and void, otherwise it shall remain in full force and effect. The foregoing obligation, however, is limited by the following express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder: 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be given by die Obligee to the Surety as promptly as possible after such default has become known to the Obligeo, and shall be forwarded by registered mail to the Surety. 2. If the Principal shall fail to comply with die provisions of the contract to such an extent that the con- tract shall be forfeited, the Surety will have the right and opportunity to assume the remainderof the contract and at its option to perform or sublet the same, 3. No action, suit or proceeding shall be had or maintained against die Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Suretyis liable, an action for maintenance may be brought within three (3) months from the expiration of the maintenance period, but not afterwards. Signed and sealed this 6th day of April A. D. 19 83 TOWNER ELECTRONICS, INC. .........................................................................:...... (Seal) Principal THE CONTINENTAL INSURANCE COMPANY (Seal) Surety By: ...,`✓...:. ��= :�, ......................... � Thomas S. Naught Attorney adcw,r. Bond 4168A Tex Printed in U.B.A. The Continental Insurance Company rr 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Ask Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made. constituted and appointed.and by these presents does make. constitute and appoint THOMAS S. NAUGHT OF JEFFERSON CITY, MISSOURI its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000) DOLLARS. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November,1977: RESOLVED.that the Cha.•man of the Boaro the Vice Cha.rman of the Board the Pres:den: an Execurve Vice President or a Senor Vice Pres,dent or a Vice President of the Company be and that each or any cf them-s au!hor.zed to execute Powers of Attorney quatdy,ng the a:to•ney named,n the given Power of Attorney to execute in behalf of the ti Company bonds underlak ngs and ai'contracts of sure!ysh p and:hat an Assistant V•ce Pres�aen: a Secretary or an Ass slant Secretary be and that each or any of them hereby s.author-zed to attest the execut,on of any such Powe•of Attorney and to attach!here!o the sea-of the Company FURTHER RESOLVED that the s,gnatures of such off cers and the sea!of the Company may be aff xea:o any such Power of Attorney or:o any cer!,f care rva!,ng thereto by facs�ml:e and any such Power of A::orney or cer!f•cate bear.ng such facs,mi,e s gnatures o•facs.m,�e sea sha:'be va-d and b.nd:ng upon the Company when so alf.xeci and in the future w.rh respect to any bond under:akmg or contract of sure'ysh p to wh ch s al:acheo In Witness whereof,THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 3rd day of March, 1982. THE CONTINENTAL INSURANCE COMPANY Attest: ~' BY T H Stephens Ass,stant V.ce President M L Ford vice•Pres-oent STATE OF NEW YORK COUNTY OF NEW YORK sa.: On this 3rd day of March,1982,before me personally came M.L.Ford,to me known,who being by me duly sworn,did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Avenue; that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the 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. �u•�w :�= Susan M.McCarthy `,ti;�. •��i A Notary Public of New Jersey Zo My Commission Expires Feb.17.1987 CERTIFICATE I. the undersigned. an Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY. a New Hampshire corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains to full force and has not been revoked:and furthermore that the Resolution of the Board of Directors set forth In the said Power of Attorney. is now In force. ® Signed and sealed at the City of New York Dated the 6th day of April .19 83 =.f James M Keane Assistant Secretary 11 BOND 4315H Panted in U.S.A.