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HomeMy Public PortalAboutORD11238 BILL NO. , 09-31 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. 1/.2-3 d' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STERLING EXCAVATION AND ERECTION, INC. , FOR THE 1989 SANITARY SEWER PROJECT, PHASE I. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section The Mayor and Clerk are hereby authorized and directed to execute an agreement with Sterling Excavation and Erection, Inc. , for the 1989 Sanitary Sewer Project, Phase I, for a sum not to exceed $41, 151.50. Section 2. The agreement shall be substantially the same in form and content as that agreement 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"5 di fficer Mayor ATTEST: City Clerk • r 3 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS I CONTRACT, made and entered into this day of 19�j`'_, by and between Sterling Excavation and Erection, Inc. , hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City". WITNESSETH: That Whereas, the Contractor has become. the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 011989 Sanitary Sewer Project, Phase Ise NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within thirty five (35) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 2. Prevailing Wages. All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 89-026-0099 in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3. Insurance_ Contractor shall procure and maintain at its ® own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800, 000 for all claims arising out of a single occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single .accident or occurrence. (c) Auto mobile�T Aability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a) , (b) , and (c) hereof and in like amounts. (f) Scone of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for subcontractors. it is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein setforth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between "any subcontractor and the City or between any subcontractors. 5. Liquidated Damages. The Director of Public Works may , at his discretion, deduct $100.00 from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or falls to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor' s part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City ® under any other provisions of the contract, city ordinances, and state and federal laws. 8. IMdemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 9. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for a3.1 the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 10. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule setforth in the Contract Documents upon acceptance of said worm by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 25, 1989, which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 11. Contract Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 12. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 13. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 511 Gateway Drive, Jefferson City, Missouri 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. 14. Juriegiation. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 15. IN TESTIMONY WHEREOF the parties ha hereunto set their hands and seals this day of 19 _. CITY OF JEFFERSON, MISSOURI By or - ATTEST: CITY CLERK STERLING EXCAVATION AND ERECTION, INC. CONTRACTOR By /sv Title: President ATTEST: ASSISTANT SECRETARY Emri.4!0- 11 16, �� � ISSU!DAT!(MMIDDnV) I�'°.Rw.m,«,..� dtµf 6/16/89 PRODUCRR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Alexander & Alexander EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 13647 COMPANIES AFFORDING COVERAGE Kansas City, MO 64199 COMPANY A CODE BUD-COD! Aetna Casualty & Surety Company COMPANY B INSURED LETTER COMPANY Sterling Excavation & Erection LETTER C 511 Gateway COMPANY Jefferson City, MO 65109 LETTER D COMPANY E�1 Y LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) i GENERAL LIABILITY GENERAL AGGREGATE s2,000,_ (X I COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $1,000, L.� ..-._.__ A I _ CLAIMS MADE X OCCUR' 30ACM5145384 6/19/89 6/19/90 PERSONAL&ADVERTISING INJURY; $1,000., ., i OWNER'S 6 CONTRACTOR'S PROT" EACH OCCURRENCE $1,000, _ IX !Completed operations FIRE DAMAGE(Any one fire) $ 100, r1X Explosion, Collapse, Underground MEDICAL EXPENSE(Any one person): $ 5, 'AUTOMOBILE LIABILITY SINGLE ED $ 1,000, I ANY AUTO + LIMIT !X_ �ALL OWNED AUTOS BODILY NJU Y S SCHEDULED AUTOS 30FJ780323 6/19/89 6/19/90 (Per person) rrX HIRED AUTOS BODILY i- — INJURY S X I NON-OWNED AUTOS (Per accident) J GARAGE LIABILITY PROPERTY - DAMAGE S j EXCESS LIABILITY EACH AGGREGATE OCCURRENCE ! I S S I, i } (OTHER THAN UMBRELLA FORM ! WORKER'S COMPENSATION STATUTORY A AND ! 300528266 6/19/89 6/19/90 $ 100, (EACH ACCIDENT) S 500, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY ( f $ 100, (DISEASE—EACH EMPLOYEE �._. -- ----- ._ . . _-_..._..._.... .._-.... .... _ I OTHER I r � f i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS It is agreed that the City of Jefferson, Missouri is included as an Additional Insured as respects the 1989 Sanitary Sewer Project, Phase I. Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE !` EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Jefferson �. MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 320 East McCarty Street LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Jefferson City, MO 65101 °ssry LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. '>? AUTHO EPRESENTATIVE WIN N=ffW* rs iN "'MR, .' ' ?s��kyut earl,t5 7± ^v •r c�?�;,'t:?°i.��;�`� :.ti, tai{ :, � 6 ®r ISSUE DATE(MM/DD/YY) 6/16/8a Jar- THIS BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. Aetna Casualty & Surety Co. B52-89-175 Alexander & Alexander DATE EFFECTIVE TIME DATE EXPIRATION TIME P.O. Box 13647 une 28, 1989 12:01 x PM Aug.28,1989 X 12:01 M Kansas City, MO 64199 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO.: CODE SUB-CODE DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(INCLUDING LOCATION) Per information on file INSURED City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 • TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC=BROAD =SPECIAL 7 GENERAL LIABILITY GENERAL AGGREGATE $ 1 OOO COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OPS AGGREGATE $ Cwus MADE F�GCCUR+LNCE PERSONAL&ADVERTISING INJURY $ X OWNER'S&CONTRACTORS EACH OCCURRENCE $ 1 OOO PROTECTIVE FIRE DAMAGE(ANY ONE FIRE) $ _ RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL $ LIABILITY BI PERS/ACCID $ %r NON/OWNED PD $ HIRED MED.PAY $ GARAGE PIP LIM is AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV 'i COLLISION DED: STATED AMOUNT S OTC DED:_ OTHER EACH AGGREGATE SELF-INSURED EXCESS LIABILITY OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM PIETRO DATE FOR CLAIMS.MADE: STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND EMPLOY RS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) iPECIAL CONDITIONS/RESTRICTIONS/QTHER COVERAGES s a capsulized form of evidence of insurance and is not intended to represent all of the details of coverage, all the conditions or all of the exclusions contained in an actual insur- ance policy. PROJECT: 1989 Sanitary Sewer Project, Phase I CONTRACTOR: Sterling Excavation & Erection MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORI EPRESENTATIVE THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M11 Performance Bond BOND # 5242408 KNOW ALL MEN BY THESE PRESENTS: that STERLING EXCAVATION & ERECTION, INC. there insert full name and address or legal lisle of Contactor) ® 511 Gateway Jefferson City, Mo. 65101 as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY IHerc insert lull name and address or legal Idle of Surety) P.O. Box 598 Overland Park, KS 66201 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF JEFFERSON CITY, MISSOURI (Mere insert lull name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of FORTY ONE THOUSAND ONE HUNDRED FIFTY ONE AND 50/100------ Dollars (S 41,151.50 L for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, STERLING EXCAVATION & ERECTION, INC. Contractor has by written agreement dated June 6th 1989 ,entered into a contract with Owner for Rlere imen lull name,address and description of project) 1989 Sanitary Sewer Project, Phase I In accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Atchaecl) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA POCUMINT A211 • PER FORMANCE BOND AND tABOR AND MA1rRIAI. PAYMENT BOND • AIA e IEBRUARY 1970 ED.•1Ht AMERICAN INSTITUTE Or ARCHITICIS,17 IS N.Y.AYE.,N.W.,WASHINGTON,D.C. 20006 1 PERFORMANCE BOND NOW, THERFFORE, THE CONDITION OF THIS OBLICA71ON is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price, to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surely may be liable hereunder, the amount pe 8 y set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Atiy suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue 'on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. 1p Signed and sealed this 16th day of June 19 89 STERLING EXCAVATION & ERECTION, INC, 'Principal, tscai; Y , Iwttno,�l 7 w 1 rfr.. 150D Cleven ger Presid ent SAFECO INSURANCE COMPANY (urwy) ,Seat IWt nn+.) 11,ctrl Brenda Linze Attorney-in—Fact AIA DOCUMENT A311 • PERFORMANCE BAND AND IABt)R AND MATERIAL PAYMENT BOND • AIA to FEBRUARY 1971► IM•THE AMERICAN INSTITUTE OF ARCHITEC75,173S N.Y.AVE,N.W.,WASHINGTON,D.C.2=6 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A317 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT BOND #5242408 KNOW ALL MEN BY THESE PRESENTS: that STERLING EXCAVATION & ERECTION, INC. (Here insert full name and address or legal title of Contractor) 511 Gateway Jefferson City, Mo. 65101 as Principal, hereinafter called Principal, and, SAFECO INSURANCE COMPANY (Mere inters lull name and address or leg+t title of Surety( P.O. Box 598 Overland Park, KS 66201 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF JEFFERSON CITY, MO. (Here insert lull name and address or legal title of Owner! as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the FORTY ONE THOUSAND ONE HUNDRED FIFTY ONE AND 50/100----- amount of lroere Insert a turn equal to at least one-half of the Contract price) Dollars (S 41 ,15.1.50 �r for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, STERLING EXCAVATION & ERECTION, INC. Principal has by written agreement dated June 6th 19 8 9 ,entered into a contract with Owner for filar im n lull tame,address and dncrip(ion of project) 1989 Sanitary Sewer Projectr Phase I In accordance with [drawings and Specifications prepared by (Here insert lull name and address or legal title of Architect( which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A211 a PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND + AIA 0 116RUARY 1970 ED.a THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20M 3 LABOR AND MATERIAL (PAYMENT BOND NOW. THERIFORI, THE CONDITION Or THIS OBIIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however,to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract, action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law, claimant, and have execution thereon. The Owner shall ) c) Other than in a state court of competent jurisdiction not be Fable for the payment of anti costs or expenses p of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by an claimant: district in which the Project, or any part thereof, is sit- by uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 16th day of June 19 89 STERLING EXCAVATION & ERECTION, INC. • (Pruscipal) Ise•n lwnnc�s) BY Bob Clevenger (r,Uc) President SAFECO INSURANCE COMPANY (Surety) tsc•Ii IWrin���) b tTnlc) Brenda Linze Attorney—in—Fact AIA OOCUMINT A311 PERFORMANCE BONE) AND LABOR AND MATERIAL PAYMENT BIND • AIA 0 Q 11BRUARY 1970 11).•THE AMERICAN INSTITUTE Of ARCHITICIS,17IS N.Y.AV(.,N.W.,WASHIN(JON,D.C.ZXW, � POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE;SAFECO PLAZA SAFECO SEATTLE,WASHINGTON 98188 752 No. KNOW ALL BY THESE PRESENTS; That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANV OF AMERICA,esch a Washington corporation,does each hereby appoint --BRENDA LINZE; SUE CAMARILLO, Kansas City, Missouri; ROGER FEASTER, Lee's Summit, Missouri; DALE A. GEBAUER, Raymore, Missouri; J. R. THOMPSON, Prairie Village, Kansas; JAY R. WARNER, Overland Park, Kansas; STEVEN M. LANGE, Fairway, Kansas; PORTIA A. SOWERS, Waverly, Missouri--------- -----° Its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 5th day of O�cr = CERTIFICATE Extrart from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. --FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and*other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seat,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ff) A copy of the power-of-attorney appointment,executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS_WHEREOF, I have.hereunto set my hand and affixed the facsimile seal of said corporation s.v .. `yip this day of �sl.!/(JC:- R in I Aft PRINTED IN U S.A.