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HomeMy Public PortalAboutORD12648 i . BILL NO. 97-58 McDowell SPONSORED BY COUNCILMA N ORDINANCE NO. t AMENDING SECTION AN ORDINANCE OF THE CITY OF JEFFERSON, MISSUS1'OP INT_ E_CTIONS), � 1g�01 (STREETS AND HIGHWAYS), SCHEDULE (_.--- , " SUBPARAGRAPH (B) (OTHER SPECIFIED INTERSECTIONS} OF THE CODE OF THE i CITY OF JEFFERSON PERTAINING TO STOP INTERSECTION OF SOUTH BOULEVARD AT OHIO STREET. � BE IT ACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS:" Sew 1. Section 19401 Streets and Highways), Schedule G (Sto Intersections), subparagraph (B) (Other Sceciffed I ntersections) of the code of the City of Jefferson is hereby amended by the addition of a stop intersection at South Boulevard, and Ohio Street as follows: South Blvd:before entering Ohio Street. Section 2. This Ordinance shall be in full force and effect from and after the date of J its passage and approval. i Approved: F-assed: -+ ���Gcuc.�'cJ chi ,.. Mayor Presiding Offecer APPROVED AS TO FORM: ATTEST. r City Counselor rk , t I t� :.f SY {h;�r{b!f" �'S»"h.�'t. @`a, t} ?-.srt!/!,ix t' #.g_ .iy f4Y i r is }.� ;�,' za. '�'S�e`•r wi ., 4 ,§'n t ? 7�71',Si J.r�=✓Y ja�+'`` atP rS ' at ..�ii z ti`S, s t za �/ ' 1 q• rF' t42 JV F,t!>"'��,/ ✓A ZL Cb� •• } s , i school Resource Officer Program { Agreement with the ' Jefferson City Police Department and the ` Jefferson City School District E .: The following is the Agreement made between the Jefferson City Police Department and the Jefferson City School District concerning the School Resource Officer Program. This Agreement will be considered in effect twelve (12) months of the year. This Agreement may be changed as i long as both parties agree. As soon as the changes occur, the Agreement will be re-signed by the proper parties. This Agreement can become null and void if there should be an emergency occur i that can show cause that this Agreement shall be terminated. Chain of Command The primary responsibility of overseeing the School Resource Officer Program rests with , r the Jefferson City Police Department. Equally important, however, is the participation of the educational officials, who are an equal partner with the Police Department. So that there is no `4 misunderstanding with communication within this partnership, a chain of command has been ` developed. It is agreed upon that both the Jefferson City Police Department and the Jefferson* City School District will follow this chain of command: j;; .. , Chief of Police i Ct' Jefferson City Police Department Jefferson City School District ` Lieutenant of Training School Superintendent Sgt. Community Services Asst. Superintendent School Resource Officer School Principal or Assistant a ti While on the school grounds, the School Resource Officer's direct supervisor will be the school` Principal. r It must be understood that these Officers are full-time employees of the Jefferson City Police Iactanesrt and there may be flames that they are pulled from theirsition at the school to perfQ�m other duties:. S66!6times it maybe necessary that'the School Resource Officer perform'dutl",at: j ` a? both t&.Dipartment and School. Due to training required for.Officers th e Jefferson Cr P f City P olt Department may not be able fo send a replacement Officer in the"School Resource , .Officer's f z ;absence:. At,other times the School Resource Offcer.will'have to adjusthis/her schedule to`nieet ,f Departmient and FLSA requirements. j 1 s �2-„$k� ; f { }3. J 1' 'fit � S •'� A •t t r r't i .z,t �r .ritr• r�. 6 t t ��r 4Y.k,'} �7 1 :, t • .. " NO �4tifvl P fi r( $i. +�J y � GU;gj( ;� 4t t . � . 'r y 1'r�.i...� .y'y � '7z ..5,�� ..t,` ... rat• �. rt � j ' ut 99 t t T�� ?y+st.i 1 t �•, . t kb .' t ... ''i ..+6+ .i `� r { y Agreement from the Jefferson City School District The Jefferson City School District will require the Principal of the school where an School Resource Officer is placed to attend a yearly meeting. This meeting will allow the Jefferson City Police Department to outline any old or new rules or regulations, changes in policies or new programs. The School District will provide the School Resource Officer(s)with the following items: A. An office which will allow the School Resource Officer to conduct normal daily business. B. Accessibility to students, parents, and school staff. C. Office supplies and materials needed to operate his/her program properly. All Police Department Forms will be supplied by the Department. D. An office that is accessible twelve(12)months a year. This will allow the School Resource Officer to use his/her office when there are student/teacher holidays: E. An office equipped with a telephone. { F. An office equipped with a desk, chair and file cabinet. The file cabinet should be equipped with a locking device. C. Access to a typewriter and/or a computer terminal. At times the School Resource Officer may also require some secretarial services as needed. The Principal will advise the School Res--un"Ce-C? icer which secretary will be accessible. H. School radio frequencies for the School i`z:-zi!rce,Officer's radio. The Jefferson City Police Department will require information on the ro of the } p gre. pal on a yemiiy basis. It will be required that the&-hoof Administrator assist the Jefferson City Police Department in j D� gatl►ering the information.. Surveys may be the means of obtaining pertinent information. These surveys will be developed by the school Principal and the School Resource 4. Officer. The purpose of the surveys will be for the School Resource Officer and Administrator to rf,° deVelop new'ideas and future action plans. � y + If the is reJ e,cted b the School Administrator, he/she a ll attach the thl ea e Y�t. rejections. If the program,is rejected by the Principal, he/she will attach the reasons) for the r se rejections. The School Resource Officer will then be allowed to work out any of the problems which the Principal may ,have with the program.and then resubmit it. If the program is - .t P � again iSsh! ' ,.;Y t,'ur�°h?*;;"�G �,{�.: y',tg}*,Ri.S{y'r+i r°.a i6) , .',t�'sti'{,rz•. `f' �S ,'.f'K 'S* .1` I tr 3 .. % t ' a: ;, , 4• Y.'r1F'F ,k s s .,.�'�.. . 1 .� Y x_� �,�-r�+{,i.ptY-r•x� S, r l t 4F r (. ..+'.^sr f{S 7 fi.%u � / S .t 1 'x .' 1 1 i t .:•.e�Y(4 4 1;St 4 a '` it ♦� cr`r. i �^^"`r"T�, z's t,Y 1 .� r ..,.tt d yr >t. � ' :J 'Q 11►.+rw-..�r-.e��*.L-g:" w H f5 t t !`r14;r ' rf '. t'if n ti yap. ;K: A r Na• ...ti�i?'t:;°7 }�, •,fix -�^"�ytYS SF .�f..?# SC} . 4,,. y .'k ^t f. t+,4';.,t{ ^' .'y ^r z fi.fi n"a:r ?�� f4�`��5f'i.'Jya1r* ' r 1 1 ,. �. t !''rejecti d,the School Resource Officer may approach his/her School Resource Officer Supervisor and attempt to work out any problems. If needed, the chain o£command will be used to solve any ' 1 ' problems, k t The School District will attempt to provide for the School Resource Officers to attend any training that it provides that would benefit the School Resource Officer. Costs will have to be encumbered by the Schoo l District. s ct. i 4 j '> agreement From the Jefferson City Police Department } t . .` The Jefferson City Police Department will provide full-tinge Officer(s) in the fallowing fashion: One Officer will split time between the Jefferson City High School and Simonsen J Ninth Grade Center. All costs of the School Resource Officer Program will be equally shared between the Jefferson City Police Department, the Jefferson City School District, and the Ntssouri Department of Public Safety(while under a grant). k The Jefferson City Police Department,the Chief of Police, and the School Resource Officers all have a concern of safety for the students, staff, visiting parents, and other authorized visitors. r, > k Good Faith 4I . } l The Chief of Police,the School Board,their agents and employees, agree to cooperate in.goad faith $, . in fulfilling the terms of this Agreement.. Unforseen difficulties or questions will be resolved by negotiation between the Chief of Police and the Superintendent, or their designees. is ;• ' .. 1 V � , r it'. � t +� I,� �r��x..k�L�y"•�� i�� 'c'�oyt. e��gt�r����t , ' tA� _f, r . r �! s��t •,;�." r" ys�Pa, i;ra _v,�,+ ,1 s �{,,�j,�� f�`� tr � 1 .i ,irs"'x �'� Y !f'Z� `'St �/ $'� ..i, �., �� +S•� c as y., �sr'; r 'a{,�'Y' j .; ki.�j :a'� s- t sJu7' t a 1��t r x +f'#( i` t, t ' 7 < 47. U•�'1r. t i? �4 "'3� - . =I4.;F�' pp � i,�r.�ffy*>,'y Y� f y;.5-'1 <i t' '�. � f' f 1 1! ._ w+,^.. .', .: •-^' 1 ,' '- '' qd� '���t�i.1 ��' K•ai$�.t"a'�} 'i�•`'ry.��''r�{ r`i?}r,.. .iX .',t i.'t{''y s s,., +!. ^t s t' ts-i r ...�,�r ,yt."!�a1��v�z i�-.i� t ��'�� - v, ' t�..,,,, 1"+ Z i�, .:w '3�'t.6 .0 Jrt -..`4 :z.ry iF.r}{ .!, �,.�i 1 s�L y n. `ekt r s. 7 ,1{yr r'r ' a� Ea""*s:� 't•M , i>t.G7Z td5 ' pt' �rS g��. is f ter'..id}� � ' .. r•h�. i} Y it s ..,r. fiyl xa r,>,•t �ix�, ..�.� � :. f tx 11 tt t' ,j,'ik xx�d,,,..,n� Y + V j t E Merger r` � r r ' This Agreement constitutes a final written expression of all the terms of this Agreement and is complete and exclusive statement of those terms. IN WITNESS THEREOF, the parties have caused this Agreement to be signed by their ? <t duly authorized officers. } f , Signed,sealed and delivered in the presence.of t . The School Board of Jefferson City,N issouri G� �'- School Superintendent Mesident of the School Board The Jefferson City Police Depa tment .,''f�1'jj F N 4t�r qt`,r Z tt..S a'✓F�F.�t t t t+!t 7�+t'x 3 r h e y;'b U Cv ti Pi 5.olJ ice C �.-)`a .r'a+ dh t et�J,dX,f+ b{�it�',•r�r ��'�� M..'.,`.Y t 4`��s?u j''J t t. tt�t..�.r.•Y.d�'.t C Y Nl"(5�py!'T�'��.�a,.i-�.e.y 1�,��F�Y 'r n�4.k.5�15.,�X'v�*'. 1��4 w� 6•���,y`{� Y t ,.j,�.'.I�r. 4-;'..i� t I�'L,+F)y Z;i�vy�?i e,.rd)1�(k d t�{�r.^ tm lit S ' ,i�P�V# � J( f i t .fit' .. ,:t r•—+ ""...' t _ k"^+r+*,;,i�......+�^"'' rf ��' t 'c ;NS.a�t�t�.J'�+YEVV�ji3�•C�+p t.r+���f.���jt,�1 t'1�iC.�,fF'( f t.Kb.t+ t'�✓�F . <'t@ 5 r ;r ift \'{x Tk,'tr�4�(. i yk'a:'+:tr...+,,7tP.t,2. ):�A ;�',4 ,f t- � r if,r,��?..yx�tJ}) ��Lf�L,raS.'"�,2f'3� �Sr'Y°c:4�j.Y{@��d,°{w 5}a i !�}••�,;xi jciuS,i t 5.,t.�..i�Y7��' P'�+�r�� hvi �k��; lq��y'�:b, .�q4'���r ��vyr� A .. a F,,. L u7';k�r„ i`t v�'a�F�+ ?� i .� �}v� ���r�,•S e.�Y{ lr�r��� s tt'J,:r vx.�rD k'1`�'r t ,,�r�"u-u ti'� ��-`d}n t! a ��*�,t"��} �, "�'','#��+ 1��.`s�d e .rc+�a f .�4� ..t�" c. � �tit '�r �!°' ��`� ,*.,�LL'sr�,-EEtt.,e4�a•IF l'�y�s�'�.�r,13 T'�f•4�"�z n �;'� .. � a -.L .,, �Z }�l.• { a,�` r.-�f> r a ,jvs.+ r J ' r. ,':y. fY' -'P} 4�e} ; '1r i t@r r •r ' a it �. 4'[�Y ff.a'pu.{✓rtrr al S f t ., F T� ).,..- , .�. .J ., t �..`: a F YF is } 5 , '(I''r?iy{�bSa{, Sit r'`t s'^' Ai: t �_�. _ .. I - t :1E L 3 h t ,( �:,t � a I. -«`c 4 .t . . . . , 5 a . . . 5 1. J !,r 4 r . t .t � � � ' ' I .. .. .. ;F,1.Y ,. }t .. .".., .. .. . . ,I .1 ' I: .. ub•M�w t ,.+».'+�....s....+ .—. .....`."....... ..,... ._..... ,.... „ .. __.,_«..v_,. _.....»...._.._,..,......__ ...._. i� r. .. .. .P.dS�,�c't ds..';r+'' ' ' L'�t�.H 4t"• .jg-s t s+tt.,:+'�r h ,,t, i t ...x.?, ., . �11 .. i s-- , l .. ,'i 7 `.-,7,t - A' TACI�EN T A Ir,x,­'f'-..r.>'t I :r.r r I is ,t M). i �d A %.r. 'Y'k a date of the award of this contract is July 1 , 1997. " .. '11 i f� r " } vj 'fhe teirm of this contract shall b July 1, 1997 to June 30, 199$. ti'1. I „ t , I.� r I .1�T ;' . 1t: 5 '' r 7'y. y4x . k I I . t ,v I .} '{ i k v ,�,} P 1 l "r A , . {. fi .. yr% U .. .. i :�:Y t t'.::r 3r. r ' , J , ,, y+, . rt? t; . , l r`' :tc . . . . t- tX .. -,; , ( r. :RF ; i s 1: r .t- ' r .. l'' r, i ` tf q t .z, 4, ' t 4 X . l if t ff ! ! I .. t 4n" tart r. s 5 t .. .. r; 'YI. .1 i 4�t t s r , r t # it` f r f ,, 2 , t is r7 x tN, .r 'i at M;11 x sy r �' �t !� tr 't" #' ay7 's�? {{ . .�' r t t art} ,. .z ` .+,? '�'I ..rY.". t t W # it u + t,.AA h f if.� I, .'.'f, F}r r., r�:'� J r .i:. � i�:.''� � 'fit E' k � , ..:- rr�'° tti. ,r1 .t;� _, t ..4 ;t t t ., i i.� ,°�i r 11 tt, t { i,, b� T t r yi�`��!- ."t,=lt-t }r ri>Sr}` ,<-Vtg A ¢a' ,4 , y r r}3 E � I ! F}.Y.lr { sa a r..ro S a t i ,:{ ::rS sir '_�rr (r fe 4t tj r t t i i"rt r� J n '~ , t ors` f S :I 'A. ��� ���' 1.. b" �Gr :;r-r iJts t t L .'r 't z tk t"A'I i t t }f' h j ''dkr ;, dYv e ��rYt� Y '" { , r,tt } f '. .t rtj t t,tt " t � ?`f ! ?�.rt rt t z tf j: u f �< e i.l f ' . +rr Fr .( !L L# s F k. i ♦ t}�r.:r r r tY c r 'it t:, x r .'�tl !� ' `t-YY.'F;. R i F 511. n:, I 1 .. �� 4.. ,1 I r,r :.i �F;,;;.'�2 :a . f t `. { ,., �4oy t ��.: .'r ..� -1 t:�' a 1t �.i+^}`S 't'• c' c .. .rr.!% ., v'r`" t�J z.i Yi t 1 q „L r h C' .t sc. .i s,w: 1«rb ' Yj .y7 �'' 4 r.ij r.. Y�Y-e; r.y�Si t .�t� ' uc � tt 4i.. a"st { i rG t i.n t � i4 .r,t�. } ...,, t � {'.�..s,x*�.�'� .,<:ti :v�`15•,�2�z,��.�. L�.r '>~ x at.,f �_�t x?�1 J' .;a r, ✓d t � J 11 x -fr. t *"a7 ac L� }pa;� the r'r:t � d �",s;; �+'!++�s�'r`��+�' a l�3��,,t i4 F'£(C�$s4'{'z rr<-'.fy'-�.fs,tj,��"X)' t zu �'�t�.t f'l}�'Iz'�t's Aa}�"�+i r' .sn`* " ° i.4 t �R"T P �F r `( n s .'w n ll g3 r.f ..i .,.;,� C ,{ }��«.t S. .:x"�`"fi`r 3 ;. r 1 h t � I t xt '1 i,. .zn'�... f1 ` 'ttt #d 4 Y. r 1� .{. 'qt;h}�',hii, qkl; � Y"� '4 (y�'y{{'y YCexsY t"r i s } r ) 7 � a .'t z,r� attt tt , �`�-z, `f r�1:'}'G'St III,f '� "t r t t {A'�✓s si t tz.Y' r`,s1t?t 5g ?. t t yl 7 # i r f ��ja ,. t 2'; ^t 3 i ,,tn...y4(,t'a+, f r �t 7 1.. F t !,f t r rh ::-„ t" t ' 7x 3tr 'F }X�,� �1 1_ t:Ccc=i�. ?,».51 t1 :tt, P +_` t...t.x tt : M? .4 r { 5 .'z t a�r �X1�4''tts� iC ^'}' + +� J A s _,.a.as� t__- dupL�:4a a. 'tee_ _ t iL CONTINENTAL WESTERN INSURANCE COMPANY DES MOINES. IOWA 10 37 50 AlA Document A312 { o Performance Bond 3 �' t yAnysingular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Principal Place.o€ Business). Centech & Associates z � Continental. Western Insurance Company ---Z 4214 Shamrock Road P.O. Box 1594 t ) Jefferson City, MO 65101 Des Moines, IA 50306--1594 � F OWNER (Name and Address): City of Jefferson, Missouri 320 East McCarty I Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: September 27, 1997 Amount: $45,000.00 , Description (Name and Location): Maintenance, Repair, and Replacement Services for City heatiner, ' air conditioning, and refrigeration units, Contract Period 10/01/97 thru 09/30/98 ! BOND ;mate (Not earlier than Construction Contract Date): September 27, 1997 Amount: $45,000.00 J ' Modifications to this Bond: Norte O See Page 3. C0917RACTOR AS PRINCIPAL SUREv ACO1N7AL WESTERN xNSU'RANCE tOPiPAI1Y , Company: (Corporate Seal) Company: (Cor ora cal) Cnntecl & Assoc' tes t; > # r lei ti Signature: Signature: Name and r Name and Ti tle: ;t ris L. Bennett Attorney-In-Fact ' (Arty'additional signatures appear on page 3) ri 1— (FOR INFORMATION ONLY-Name, Address and'Telephone) AGENT or.BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer,or �f other party): f S s"' AtfY•MMRWNa$ONO ANo P�IYMEW$ONO•DECEMBER 1944 ED.•AIA A J: r >#wstr cx m crs,irss vv�w roRx M.,N w,WASHINGTON o C. P�312.1J84 1 .. tk. 'i �+'�v,. �`� ,#tea A Y �� ������� {�. �•�TI(rF�L� Y5 XGJ.,; Y� v'Fxh}yi:J�.' ,�' �t tk d W fg;'y�'rlk %jtt., ;�".,°'_"i tv f rr«i'M f ,yu�py t a¢' t .. Xl,ab �4. `C`ib.�•T'�«MGI.W� i w 's"";3t L� �''k Str,FY`+` dot r^�t M1 ��. .f .T 3?}3 ..@�'- s,�!j�ci.'�^c 4"3 < / :N•' \ d ? • a 4F.Y 5�' ° ,�' l)1 .•j i �r:ftr 1 t.+�i r.�, �j ,�SSi.Zf � 4' � 7 �., .t. > .;ji 1 :b {� �Y C 1 J'itai ai^,y t/ Yi.ra �. � n ,i � ,Jy.•3 '. which i! may be liable to the Owner and, as 1 The Contractor and the Surety, jointly and severally, soon as practicable after the amount is deter- bind themselves, their heirs, executors, administrators, mined, tender payment therefor to the successors and assigns to the Owner for the performance Owner; or ' . i of the Construction Contract,which is incorporated herein by reference. .2 Deny liability in whole or in part and notify the ` Owner citing reasons therefor. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shatl be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of ar. 3 If there is no Owner Default, the Surety's obligation additional em►a►ndng written notice from t obligations under under this Bond shall arise after. this Band,and the Owner shall tie entitled to enforce any I 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as I Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such Halite to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.3, or 4.3 zbovel ( able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shat!not waive the Owner's right, Construction be r Contract, and fthe the'responsibilities under of the ( any,su5sequently to declare a Contractor Default; Owner to the Surety shall not be greater than those of the F 3.2 Time Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the i formally terminated the Contractor's right to complete amount of this Band, but subject to commitment by the i the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of '- " clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- 1 i the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- ! 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- ' Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor i selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay r's Default, and re dance with the terms of the contract with the Owner. suit ng from resulting from o Contract e�to act of the Surety I 4 When the Owner has satisfied the conditions of Para- under Pacagraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages, or if no liquidated damages II pence take one of the following actions: are specified in the Construction Contract,actual dam- i f the ages caused by delayed performance or non-perfor- 4.1 Arrange for the Contractor, with consent o Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for . 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the,ron- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or sec off on account of any such from unrelated obligations 4.3 Obtain bids or negotiated proposals . No right of action shall accrue on { qualified contractors acceptable to the Owner for this Bond to any person or entity other than the Owner or contract for erformance and completion of the Con- its heirs, executors, administrators or successors. P j, struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- ;,' " pared for execution by the Owner and the contractor Ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other oblig�- *ith performance and payment bonds executed by a tions. ,. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any'peoceeding, legal or equitable, under this Bond t amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in i cess of the Balance of tine Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased g P P working or within two years after the Surety refuses or fails r` for completion, or obtain a new contractor and with to perform its obligations under this Bond,whichever OC- reasonable promptness under the circumstances: curs first. If the provisions of.this Paragraph are Moid or .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail-. E } y� iI 'r . t«M .pet 1,�AgEWT A3f3•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1404 ED.•AIA +•�Z .2r j INSTITUTE Of ARCHITECTS,1735 NEW YORK Avg.,N.W.,WAS D.C.20006 SJ ` 1. t} 1 i , 1 able to sureties as a defense In the jurisdiction of the suit tractor of tiny amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety;the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the si - behalf by all valid and proper payments made to or on g behalf of the Contractor under the Construction Eon- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- !:;; the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to Pay the Con- 12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS GOND ARE AS FOLLOWS: el j of i r. (5pYace is ptovided below for additional signatures of added parties, other than those appearing on the cover page ) ° GUNTRACTOR AS PRINCIPAL SURETY': Company: (Corporate Seal) Company: '(Corporate Seaq t L •#ui(ti 1' K1 v s t{. Signature: Signature: fr , Name and Title: Name and.Title: ;. 'Address,:,t „: Y sf t" y LxCWWT-A31?tt•PERFORMANCE BOND AND PAYMENT LOND •DECEMHER 1984 ED.' AJA A' r 3N3TJT1LM OF,. � /4 c E , �>ti`t;' r� yam:j��9y'S-y'FYi� a;�'[FY(ti'•ly��,.p �,7�'a-z�,�,"��,"�F Y:"LL�x �sF" d i�i is Y:t.. t '< I.lta•. .tkin �:!,l�t 7�,�r`, ';tr;a-:,;}�<zi., � K r' •' �, '"��i,.44�'' <.f.��t'r 2 a �y,.Sri,.�: . � .'t t:.�614�.,?,� f,'kt`'�S",*i.��K3�ri r.� .t}M�ry'Fk S�`rt.�' r7�"a ��!..ay+#l�* Ma' � � '>�t„*n -".�.rr �W�'F;;��Tt.y i' /t(}d�S�9'�`R.w1A.�at<t!s� Y G -Y..2."'t•��k44e.7.'fiki��"dr#'�s�L' .-t y s� c#, y�� tp x �' <T��`�' +�� � 'Ma L }.. --••-:rr---^---"'^-"s"---r f}d4 `Ltti •t lu.�c y-^''yrj it '^t } {. 4+sr a } 4} e4 7 '..yt . c 4 .e i.� n .f �S Y ,Y � �`^�`�`➢s#1�P i"'{�lc�� ,�""�fi}' a ,:x - t y '. ) t� tr r t ..1c {. '.�` `a`4�.;'��.� phi �t4' <t ti''�y��1;���'-et s - z x t ti r. to s l+ ,# i 2 C TINENTAL WESTERN INSURANCE COMPANY CON DES MGIINES, IOWA B��d Nlo. 10 37 50 AIA Document A312 Payment Boni Any singular reference to Contractor,Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Centech & Associates Continental Western Insurance Company 4214 Shamrock Road " P.O. Box 1594 Jefferson City, MO 65101 Des Moines, IA 50306-1594 OWNER (Name and Address): , City of Jefferson, Missoura. l 320 East McCarty Jefferson City,, MO 65101 CONSTRUCTION CONTRACT Date: September 27, 1997 , Amount: $45,000.00 Description (Name and Location): Maintenance, Repair, and Replacement Services for City , heating, air conditioning and refrigeration units, Contract Period 10/01/97 thru r BOND 09/30/98 y Date (Not earlier than Construction Contract Gate): September 27, 1997 Amount: $45,000.00 r t ' ! Modifications to this Bond: [� None ❑See Page 6 } ..CONTRACTOR AS PRINCIPAL SURETY CONT1NENTAL WES :A7 •CH COMPANY Company: (Corporate Seal) Company:, ( rporate . " p. Ceiitech & Assoc' s ' tlMttt {I..yt r, Slgnature:� Slgna ure: Name and Tit Name and Title: Kris L Bennett `` f Attorney-In-Fac;t _ SEA l.; ' , a Any additional signatures appear on page 6) ! } I { (FOR INFORMATION ONLY.-Name, Address and Telephone) " AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer to other party): AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT EOND'•DECEMBER 1964 ED.•AIA THE AMERICMI INSTITUTE OF ARCHITECTS,ills NEW YORK AVE.,N.W.,WASHINGTON,D.C.70006.. "`.. . A312- 984 4 %�. y f 1 i 11 ii yy 7t { I `hNNW= , E �t i„Gr r kt b ra i'''� +,7x" ,XZ t ts.njti .. t 7 4 f�{. Ali l > 1„`'.. r ; ,LJ " '�,c�4?* c�i.��a�'% `"fig'' -:a.0 ty.��4�..t � Y:.-t t ,. „ .. .. .. 1 ...'t,..a•'t'K. 7 tj."7kGv'1`'t sg 't �• �"'tt4'�+eri�w" '4 tht � � �a Z i '` i t., �i tr } t �.: { ,t t; s ,z � ( 3�'i5d�'3�L�";�t��,''�i�. . ,�. tt fir :'}� 1tj �'.-,} 4 S :Y 3 5 31 4 L ( it, 't T i.. .�% 4 •l' A P,,.'"'�� Wy`,{•' P� 4- Jfzy ,i "y''t ( i" l.. .dPz Y k A it '7 f :. .{ % ,xrz}•rit c�(je .,.+{}•y�: y 4pYt.lt=' ,°` f,�`y`��.k''�,����'',#�-,`t�''•,'!+�r{'�'t"�t�'� Ar �., r ,:1; '-ut .: r4...>tejy r'''..!` s s x. j7 Y.•i't'r t:'s. rt„t,a.�'zs�k Ef'�. tpb � �t�t'�.'S �r�� ,., tr J r t rt, .e7rT. r; eft2ta t t : '` t h g R z t'x 7. .•rr r .. .ax. +fit C .. i �AIR1f�H11��1�7����rcl6Yl f•'MIO�lR7�r�1�l���i— - -- _ ��r�, ... .. .. � i...:41`:Pl I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors„ administrators, graph 4, the Surety shall promptly any' A the Surety's ex. successors and assigns to the Owner to pay for labor, pence taste the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract,which is incorporated 6.1 Send an answer to the Claimant,with a copy to the " . herein by reference. Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and the basis 2 With r P ors for chal- espect to the Owner,this obligation shalt be null lenging any amounts that are disputed. and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, amours Pay arrange for payment of any undisputed for all sums due Claimants, and Y The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited forany payments made in good faith by theSurety. person or entity who furnished,labor, materials or equipment for use in the performance of the Construc- 8 Amounts owed by the Owner to the Contractor under tion Contract, provided the Owner has promptly noti- the Construction Contract shall be used for the perfor- fied the Contractor and the Surety(at the address de- mance of the Construction Contract and to satisfy claims,if scribed in Paragraph 12)of any claims,demands,liens any, under any Construction Performance Bond. By the or suits and tendered defense of such claims,demands, Contractor furnishing and the Owner accepting this Bond, liens or suits to the Contractor and the Surety, and they agree that all funds earned by the Contractor in the provided there is no Owner Default. performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants,this obligation shall be null this Bond,subject to the Owner's priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner,Claimants 4 The Surety shall Have no obligation to Claimants under or others for obligations of the Contractor that are unrelat- this Bond until: ed to the Construction Contract.The Owner shall not be r4.1 Claimants who are employed by or have a direct liable for payment of any costs or expenses of anyClaimant contract with the Contractor have given notice to the under this Bond,and shall have under this Bond no obliga- Surety (at the address described in Paragraph 12) and tions to make payments to, give notices on behalf of, or sent a copy,or notice thereof,to the Owner,stating that otherwise have obligations to Claimants under this Bond. a claim is being made under this Bond and,with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to 4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga- the Contractor: tions. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent jurisdic- the Owner, Mthin 90 days after having last tion in the location in which the work or part of the work is I performed labor or last furnished materials or located or after the expiration of one year from the date(1) i on which th equipment included in the claim stating,with e Claimant gave the notice required by Sub- j substantial accuracy,the amount of the claim paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last �. and the name of the party to whom the mate- labor or service was performed by anyone or the last mate- rials were furnished or supplied or for whom rials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. )' the labor was done or performed; and If the provisions of this Paragraph are void or prohibited,by .2 Have either received a rejection in whole or in law,the minimum period of limitation available P t on a ailable to sureties part from the Contractor,ornot receivedwith- as a defense in the jurisdiction of the suit shall be applica- in 30 days of furnishing the above notice any ble. communication froin the Contractor by which t the Contractor has indicated the claim will be 12 Notice to the Surety,the Owner or the Contractor shall paid directly or indirectly; and be mailed or delivered to the address shown on the sig- nature page.Actual receipt of notice by Surety,the.Owner ,3: Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- J, i have sent a written notice to the Surety(at the cient-compliance as of the date received at the address address described in Paragraph 12)and sent a shown on the signature page. copy,or notice thereof, to the Owner,stating I 13 When thi where s Bond has been furnished to tom s that a claim is being made under this Bond and �,. enclosing a copy the previous written notice statutory or other legal requirement in the location with a furnished to the-Contractor. the construction was to be performed,any provision in this ! "r Bond conflicting with said statutory or legal requirement r -• 5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrorn and rovisions con, to the Contractor or to the Surety,that is sufficient compli- forming to such statutory or other legal requirement shall ante. be deemed incorporated herein. The intent is that this AIA DOCUMEMT A312-PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1981 EO.•AIA rx rr r 2 �,'/ _ Tliti'AMERICAk INSTITIrTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON.O.C:20006 A392-1984 5 t `-ems _ .. .. • a . I Bond shall be construed as a statutory bond and not as a r i, KKYw common law bond. Construction Contract, architectural and engineering services required for performance of the work of the . ` tg `•:'Upon re nest b an Contractor and the Contractor's subcontractors, and, "R i4 P, q ` • y y person or entity appearing to be a potential -b'eneficlary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a ropy of this Bond or shall permit a copy asserted in the jurisdiction where the labor,materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner.and the Contractor identified on the sig- !. 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials-or equip- ment for use in the performance of the Contract.The 15.3 Owner Default: Failure of the Owner,which has r intent of this Bond shall be to include without limita- neither been remedied nor waived, to pay the Con- tion in the terms"labor,materials or equipment"that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, Perform and complete or comply with the other terms 'telephone service or rental equipment used in the thereof. f MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Of 4 �'aiXllc j;' gy j � •. ;; t n�,2 tyyJ3',`'`J11.'} S S' {/ , .. J 4 l lr•!. ilk, �t (Space is provided.below foradditional signatures of added.parttes, other than those appeartng on the cover page C�N'I-RACTOR AS PRINCIPAL i� thl g M x ` Co�ltp3ny: SURcTY P ; (Corporate Seal) Cam a ll �",?y P ny' (Corporate Seal) Signature: „'. „. •f N Signature: a aqd Title: Address-." i, Name and,Title: p f r .Address: U +iUl t)O(-'UA4ENi"A31='•PE, RAMNCE BOND AND PAYMENT BO�i[)+' kl ..' TfiSE RMfRII'AN INSTITUTE"Of ARCWtTECTS.1735 NEW Y04tK ANE.;N.W�WASH NGTONf D.0 AIA 4!' ` 211000 ea� bvk r.V�f.4�y�� ill nY '$Li+'. w, i F,L` l } S I F :f+`l A,BFI 15.._•.Y" r Rte., �;, •` r'c e� k f F a al .:. h: ,: :r. �.v rF.�b:f.� ��Sr;,c�>.rv.xam 4.-a ki. i trl� • G y ' Ci.3 & 'f a*.s" t. r .nT,..^-•.r ,.wR �d .�= $ �=s ��tY.'at r:.tN �. � ,3 Y i i � �� h� � (�}.;��udr!`f t.a *°k,�s�3`�-n Y• F �y• • � �}4 4�1.t�'}'`n� �� t3.:c Eft t,�>�t1t 1rµ :Fl "1 x.. ';f tcr1.�tY at..S`l M T t} 2 �q:'tt t �,� y"2i t y � s. ., .: �4.s,y�" `ar-tit'r [o�'SY-.'"'`.`uFk ,,,z9 lid �7•,tlty,''�.tt r ,.�`f a !F ,'a$£'Sj + .+ e5ti dy,�A}"r: y tyL/),9th} .t ! iri '~ ; .., I°c,x�,'ys. bc..at,9, .� r t:. ! �..L" �:J fY. �# �r ✓kr x<" diS', } dk. yy��rr,,t ..; .:. :��.'(l ,• ,ti: �., {fa.itr`i +,,5"jtt, ..k tw @a �, rE ntt ....g✓ a3t f 4 : �` a 'tF�7 g *"3)r�*F 'r--'.. i. n - -- .) _ ,.>dRlartaor�'ac>•a� ! — at .u.. .,.,• .>t4.,•... 7,.. ,T.r!oWiy�i. ......._...__. _ _ .. .. .'. Lzam'�^W/iSa�"Lti.1k+,2r7(tiQ�94C7Ct1'+L`.iLSDC�Srl••ih)ti.t:SC.3 @PM:AT rt'N_'iC:RI'.i.U1I Fin�4C1GN:'I)GIS6`a�+.':i7Rlitd*:31!QtT1.YA•f:�d:^,7XAS47o%:,H/.tiu'1!�KN.anR4�74NrS71:Y7N�t _ I+la. SH S POWER OF ATTORNEY i CONTINENTAL WESTERN INSURANCE COMPANY L r Des Moines, IA 1, '. NOME: The warning found elsewhere In this Power of Attorney affects the validity thereof. Please review carefully. I KNOW ALL MEN BY THESE PRESENTS:that the CONTINENTAL WESTERN INSURANCE COMPANY,a corporation of the State of Iowa,having fig principef offices in the City of Dos Moines,lows,dOaS hereby make,constitute and appoint i James J. Landwehr, Kris L. Bennett or Carl B. Reynolds of Jefferson City, 140 Its true and lawful Attoney-in-Fact,with the power and authority hereby conferred, to sign, execute acknowledge and deliver for and on Its behalf, as susety any and all bonds,recognizances,stipulations and undertakings,excluding,however,any bonds or undertakings guaranteeing payment of loans, notes or the Interest thereon,provided however no single obligation will exceed 1 1 Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars 1 The CONTINENTAL WESTERN INSURANCE COMPANY further certifies that this Power of Attorney Is granted and Is executed and sealed under and by authority of the fcilowing resolution adopted by the Board of Directors of the Continental Westem Insurance Company at a meeting duly called and held on the 16th day of March,1979,to wit: 'RESOLVED,that the president,any vice president or assistant vice president,In conjunction with the secretary or any assistant secretary, may appo;nl attomeys-in•fact or agents with authority as definod or limited in the instrument evidencing the appointmont in each case, s for and en behalf of the Company to execute and deliver and affix We seal of the Company to bonds,undertakings,recognizances, and suretyship obligations of all kinds;and said officers may remove any such attorney-in-tact or agent and revoke any power of ; attorney previously granted to such person. i RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company, (1) when signed by the president,any vice president or assistant vice pre sident,and attested and sealed(it a coal be required)by i any secretary or assistant secretary;or + (Ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and ; countersigned and sealed(if a seal be required)by a duly authorized attomoy-in-fact or agent;or i (iii) when duly executed and sealed(if a seat be required)by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such parson or persons. I RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power 1 of attomey orcertification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or othor suretyship 4 obligations of the Company.and such signature and seal when so used shall have the same force and effect as though manually } t s ` affixed' I In Witness Whereof,CONTINENTAL WESTERN INSURANCE COMPANY has caused its corporate seal to be hereunto affixed and these {I I presents to be duly executed by its Vice President and Secretary this 15th day of August ,19 95 1 I CONTINENTAL WESTERN 10 SURA!4CE COMPANY { I QA�� Br Jahn F.Thelon,Secretary By: Walter E.Stradley,Vice President t WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE BACKGROUND WITH RED AND'BLUE BORDER. � f, 1 "''..STATE OFIOWA i POLK COUNTY I G i On this day,before.the undersigned,a Notary Public in and for said County and State,personally came the above named officers of the CONTINENTAL WESTERN INSURANCE COMPANY,to me personally known to be the individuals and officers who executed the precading instrumord. • i and,they.acknowledged the. execution of said Instrument to be the voluntary act and deed of the CONTINENTAL. W,ESTERtV INSURANCE COMPANY.And their voluntary act and dead as officers of said corporation,and that the seal of said corporation was affixed to staid instrument by the ; I{ atutixirity and direction of the said corporation. ; 4 > Witness my hand and my Notarial Seal at Des Moines,Iowa,the day and year last written above. r: y LAURIE L SWEGLE l my ca DDS Notary Public 4 I ;. AUGUST 27.2x00 1 CERTIFICATE rf L I,the undersigned,Vice President of CONTINENTAL WESTERN INSURANCE-COMPANY do hereby certify that the original Power of s j, ` tinmey,of which the foregoing is a full,true and correct copy,is in full force and affect In witness whereof.I have hereunto subscribed my name as Vice President,and axed the corporate seal of the rorporati on, ; thIs 27th day of Septembek ,19 97 . :'SFAI.;^t Vice President . ;0 AA//���{�/ ','�*, r,.e�1.•cir�vlS;�;.,Cf.i i.,... ....s• t, .�..: .. „,':>f, ..,. :'..; ,.,'...`. .... .. is *,~ '.. i. ... .. ._., _. ...�'#.x.`e.:` z .. ..:..2„'+�pn.:.i:� ;. -