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HomeMy WebLinkAbout1972-96-A1 - Acceptance of Performance Bond from Stewart Sand and Material CompanyBILL N0. ORDINANCE N0. ~~ Air ORDINANCE AUTHORIZING THE CITY CLERK TO ACCEPT A PERFORMANCE BOND FROM STEWART SAND AND MATERIAL COMPANY FOR THE D7AINTENANCE OF MADDOX ROAD BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. The City Clerk is hereby authorized to accept a performance bond, a copy of which is attached hereto marked "Exhibit A" and made a part of this ordinance as though fully set out therein from Stewart Sand F, Material Company, Ted Wilkerson, Inc. and Kansas City Structural Steel Company. Section 2. The City Clerk is also authorized to receipt upon presentation of the certified check or cash in the amount of $3,000.00 for the same to Stewart Sand and Material Company. t~ PASSED THIS f ~'~; day of October, 1972. ATTEST: / w _ city Clerc ~! ~; / / , ~~' _ . ~ Mayor / f3 APPROVED this day of October, 1972. tt-.~~ /~ z ~- Mayor g~ ~ ~ PERFORt~^~NCE BOND -- KNOW ALL MEN BY THESE PRESENTS: Tl:at STEWART SAND & MATERIAL COD7PANY, a Missouri corporation, TED WILKERSON, INC., a corporation, and KANSAS CITY STRUCTURAL STEEL COMPANY, a corporation, and each such corporation, jointly and severally, are held and firmly bound unto tl:e CITY OF RIVERSIDE, MISSOURI, of the County of Platte, State of Missouri, as Obligee, hereinafter referred to as "Obligee," ii1 the total amount of Three Thousand and no/100 ($3,000.00) Dollars for the payment whereof the undersigned, and each of them, bind themselves, their successors and assigns, jointly and severally, firmly by these presents. ,. WHEREAS, each of t.,e undersigned contractors are contrac- tually obligated to perform certain construction work on the bridge site for the I-635 Bridge spanning the Missouri River between Platte County, Pissouri, and Wyandotte County, Kansas, and the primary access to the I-635 Bridge construction site is via Maddox Road from Highway 9, a distance of approximately one and one-half miles, all in the City of Riverside, Missouri, and _ WHEREAS, Maddox Road between Highway 9 and the construction site, a single-lane packed, gravel and chatt surface road, cur- rently provides access to five residences, the Knappco Warehouse, and Woodside Construction Company, and WHEREAS, each of the undersigned contractorsr~as an interest in preserving and maintaining Maddox Road between Highway 9 and the construction site in order that -she undersigned contractors may have complete and uninterrupted access to the construction site throughout the period of construction; NOW, THEREFORE, the undersigned, and each of them, in consideration of the e~;ecution and delivery of this Performance Bond in the total amount of Three Thousand and no/100 ($3,000.00) Dollars in which the City of Riverside is named as Obligee, and the acceptance hereof by the Board of Aldermen of the City of Riverside, and in consideration of the covenants and agreements herein contained, it is hereby agreed by and between the under- signed and the City of Riverside, Missouri, as follows: ( 1. On or before P.pril 1, 1973 the undersigned contractors _ shall execute and deliver this Performance Bond together with the monies herein set forth to the City of Riverside, the acceptance of which by the City shall be evidenced by a Receipt therefor executed by the City Clerk, shall constitute the agreement by the City to the terms hereof, and shall authorize the undersigned contractors, and each of them, to make full and unrestricted use of Maddox Road from Highway 9 to the construction site for the purpose of moving men and all construction materials via all appropriate vehicles to the construction site for the period commencing from the date of the delivery and acceptance of this Performance Bond and ending upon notice to the City of Riverside by the undersigned contractors that construction is completed, or on the last day of December , 197x.., whichever first occurs, which period is hereinafter referred to as the "Term" of this Performance Bond. 2. The undersigned contractors, and each of them, agree for the Term of this Performance Bond to keep and maintain i~:addox Road between Highway 9 and the construction site at the expense of the undersigned contractors as necessary in order to preserve Maddox Road in substantially the same condition as prevailed on ti:e date of the delivery and acceptance of this Performance Bond, reasonable normal wear and tear, acts of God or extreme inclement weather, and the acts of others not subject to the control of the undersigned contractors excepted. It is agreed by and between the parties hereto that the burden of proof hereunder regarding the acts of others not subject to the control of the undersigned contractors shall rest with said contractors. ~'~ li ~ ~ l 3. Prior to the expiration of the Term of this Performance Bond as aforesaid and concurrent with the application of the under- signed contractors for return of the aforementioned Performance `- Bond, the undersigned contractors, and each of them, shall ta!ce such steps as may be necessary, if a-ry, to cause Maddox Road to be in substantially the same condition as prevailed on the date of the delivery to and acceptance of this Performance Bond by -the City of Riverside, reasonable normal wear and tear, acts of God and extreme inclement weather, and the acts of others not subject to ti:e control of the undersigned contractors excepted. It is agreed by and between the parties hereto that the burden of proof hereunder regarding the acts of others not subject to the control of the undersigned contractors shall rest with said contractors. ,. 4. Upon completion of performance of the provisions of this Performance Bond by the undersigned contractors as aforesaid, and upon application for the -return of the aforementioned Performance Bond, the City of Riverside, within thirty (30) days thereof, shall cause the funds deposited pursuant hereto in the sum of Three Thousand and no/100 ($3,000.00) Dollars to be delivered to Mr. Michael E. Hayes, as agent for the undersigned contractors. 5. In the event the undersigned contractors shall have failed to comply with the terms and conditions of paragraph 3 - hereof, then the City of Riverside shall be authorized to withhold the Performance Bond, and to cause the conditions of paragraph 3 to be satisfied in the same manner as all such road maintenance and improvement is caused to be performed by the City of Riverside, and the cost of such work may be deducted from the amount of the Performance Bond, the balance remaining, if any, shall then and there be tendered to Michael E. Hayes, as agent for the undersigned contractors. 6. In the event the City of Riverside shall have been caused to expend sums in addition to normal maintenance expense or shall be caused to expend sums for purposes other than those normally expended (i.e., dust control) for T4addox Road during the term of this Performance Bond due to the failure or refusal on the part of the undersigned contractors to keep and perform any part of this Performance Bond on their part -to be kept and performed, and in the event that the City of Riverside shall have duly notified the undersigned contractors by notice to the authorized agent for said contractors, Michael E. Hayes of Stewart Sand and T~aterial Company, in advance, of the City's intention to expend such sums ~~ and the basis for the City°s belief that such expenses are properly chargeable to the undersigned contractors pursuant to the terms of this Performance Bond, then the City of Riverside may reduce the amount of the Performance Bond to be returned to the undersigned contractors pursuant hereto in the amount of such expenses incurred, and the balance remaining, if any, shall they. be tendered to Michael E. Hayes, as agent for the undersigned contractors. 7. Nothing herein contained shall be construed to nor shall operate to remove Maddox Road from the public domain as a public -thoroughfare. 8. The undersigned contractors, and each of them, hereby agree to utilize all reasonable efforts and all means reasonably at their disposal to minimize the dust and noise occasioned by the movement of construction vehicles across N:addox Road during the Term of this Performance Bond. 9. Stewart Sand and Material Company agrees to make appli- cation for an Occupational License to the Board of Aldermen of the City of Riverside pursuant to the proper city ordinances for any temporary concrete batch plant erected by Stewart Sand on private property within the city limits of the City of Riverside. Said application shall be made by Stewart Sand and Material Company prior to commencing erection of said batch plant. 2 ~~. ~G.4i 10. The undersigned contractors, and each of them, agree to use Maddox Road exclusively and to use no other presently exist-ing road for access from Highway 9 to the constructior. site, and it is ~- further agreed and understood by all parties hereto tiZat this Performance Bond shall be applicable solely to the herein described portion of Maddox Road. In the event of an emergency rerderi.ng Maddox Road impassable or unuseable by the undersigned for the purposes set forth in paragraph one hereof, the alternate route to the construction site from Highway 9 to be used by the under- signed shall be Road from Highway 9 dire to the construction site, and in that event the terms and condit~._.. of this Performance Bond shall then and there be applied to said road as of tre date of the first use of such alternate route by the undersigned. ` NOW, THEREFORE, the condition of this Obligation is such that, if the undersigned, jointly and severally, shall promptly and faithfully perform the terms and conditions herein set forth as aforesaid, then this obligation shall be null and void; otherwise, it shall remain in full force and effect, provided that the obliga- tion of the undersigned to the Obligee pursuant to this Performance Bond shall not exceed the amount set north in the first paragraph hereof, which said sum shall be held in escrow by the City of Riverside, Missouri, pursuant to the terms and conditions hereof. 1972. Executed and delivered as of this day of ATTEST: Secretary ~ ATTEST: ecretary `~ ATTEST: Secretary STEWART SAND & MATERIAL COMPANY By TED WILKERSON, INC. By KANSAS CITY STRUCTURAL STEEL COMPANY By 3