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HomeMy Public PortalAboutORD11433 j , } `` t e t7Rw"'w•�'^'_�� "7q �'J n y r n�it ST X ,?'PST •. �!x Y; t+��F fil�+l`..SktF S•y'S�{5t � ;.rr{t g. }t :, i ' .� �- ' t 5 }t4 uts�,i s .f:ai� sC�e Hr�� �� ) � ;.yk 3 9,V yy1� .r ;f `i:��. 'v. 5 J �: },}.'t i ..0,#b,,,.•-.+ a..H....._ ,,,,�+ ".5..1.° .. .. ,ra3rt vu�:,:.Y... a.a ..,. ....ai ..rffg BILL NO. 90--43 :x.. SPONSORED BY COUNCILMAN HALSEY ::. ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE 2+IAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS g r�>a EXCAVATING COMPANY, INC. , FOR 1990 CURB & GUTTER PROJECT, FAIRMOUNT BOULEVARD. 1 BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, :, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and =� d ' directed to execute an agreement with Don Schnieders Excavating ;. Company, Inc. , for 1990 Curb & Gutter Project, Fairmount Boulevard. W, fir,9 The amount of the contract shall not exceed $189, 056.00. Section 2 . The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. sfie Section 3 . This Ordinance shall. be in full force and effect from and after the date of its passage and appr val. i Is Passed o2 9�! Approved �• A resid' Officer ayor ATTEST: "'rift city City Clerk t'+t ti t. J, .� ,.�. r�1• t t rf�r 4 r rFa .:a.xr t {z•y�`�.�'s '7 'akl f,.�i^`t�'�.; rt'N.t;,'�'�;1(,i .J�,. 3} t.6 ,t`l.tht t ., � `4���!}:+�`5�.fi`3a }l + !�?�j 1r s<,i; Fly { 1 s ';r ,' r f= '< t ` t.. .�f ',,,,ckfi ��� r�,�s�ti4'",.f"���•..7'''� r'.A�' f ✓`�.` { �./ iPyf•'Irt ,Fi 3 i +}. <y.r. r, ..sy: ! r .j �,� � i1. 3:�tl� ' 1�.y�, .5✓p ;�dd' �& h'��i[ .;�{ :��o r i �S' � �� 'ti r ,.5'�� ''�t3t? .3�7 ,�� }ti 3� � 3' 1.-�.f tY2,�?�� '�� 3)r �x' l�1�' ..�, sj ♦:t ✓" .} t .�tj � s t 4t a.tf 1„a`����t . Gt R ''de l�.S t 7-77777,.' "2 '`''(' ..ti`' t .`A' st u.cfk r� SN'�'i=.�i��45 �.ti'?x�' 4i�,�}''FY'-�:2; i� ttd�`'�e"t4'.xS2�a� :f'�`�T.���`t�'n �u• +� �' �"s+' t ' � + i i .. rr t } ::. ..:,+3Y.i+,1:ik t6:a.H�� us,n.3f7Ai+1,•.w,iL",tSha, .. '„{. '. .,.. r.. ,'1:' � :.�.r ,.1 ,t,,..lo.t.,,.F .t+.. z c Z' CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of :,...._ 1990, by and between Don Schnieders Excavating Co any, 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, 7AjF,. equipment, materials and supplies and for constructing the following City improvements: 1990 Fairmount Curb and Gutter _ t Project. 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, equipment, f p r labor� tools, a ment q p materials and s upplies necessary to perform, and to perform, said "t work at Contractor's own expense in accordance with the contract ' ; documents and any applicable City ordinances and state and federal laws, within sixty (60) 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 ' "' ' p paid a wage of no less !} than the "prevailing hourly rate of wages" for work of a similar � ,z ,W 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 Departmentc ` , gti ;• . .+ 4 of Labor. Contractor acknowledges that Contractor knows the ' a, - prevailing hourly rate of wages for this project because Contractor `: has obtained the prevailing hourly rate of wages from the contents .± i. of Special Wage Determination No. 90-026-0074 in which the rate of F 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.' act. 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: fi "�'a � i r r 7 .. t7, +`iy M ,{ ”' �I' ` '.-,»-:.•. 1 '\ g i ' ,i ..�(, f :,, '��tr�. a✓`�': t1Y �'ry'� + t a , �s - ,7 r t .Ig �t , . 'rr r t. � r}�{{�t'�h�wu/,y�}j%4ktj.4'�y'3(,t�. :, n 7f .y 1MS` 7" 7 �. a su+ +♦� k ,'�.ti ; t�, .!3 f , 1 r' ) r f..* 1a , I tt Ph ^ +tlt' f• yyyrr,, , .JY{)Tt3 .,r�li,�� � •r tP �s! e4..�n.4y 4`t�'(',�t°�11 ,}.?:1�: a- tky�(" �.. sr. 11 s 11•rot .+t a f.• t ',k ! ` Y} � :r�;.; ) T'��., n y„d lt�t?{�1t �� ��t ,r ,fy"�a r .'x3? t "'tz`yi��`r'tel,rs+ Y .IN`s+.�s ti,r 'a'. r v. t,t '�t'd..�� r tl it t i .'a+ f,lCt ✓ 1 t f S I'..} �s>;a t t a t � •�yy�. 3itd�e�aGGrr 7 er ft. r s U41 tiJr q':.fir. ti .l`t+,.i.it 5t `;7t,,.Ott d s t` ."'. ,gt _ 4 ,.,lt.x s.n p�{':` .''+�'Fr <`,: ,'}x :+ :.'q• '",t i;+..•4?:sAtti `}�1�a� 6�.., t�, ty .f`.,;.. .. i i . '.. :.� .1 t:� ,+7. { ,tt.`i C. •'I c 1;.�a�6tS�7 4+�lr=}ta.Y".#. :;t'cz 4}s > 11, * ,.%++(.Si j7 P1 ;1t', } . r t S,t .i. 7..:�.t"21.�{ .�?y,•,a... xje I:� ?<41r�.4�r..Li?i r. .s; �t?ya 1� :t � r�' �.. ,j ��',7 1 r ',t}. + t ;1}t;•,Ne e I•\4.'S` 'tt�• 7 Y }� :f�� . ��, 'i 6 S r.'.• '.t t !•kV., Zr f W-5 y, "' N.���rp����i + #,-k{��°['T8r`s..RSt C' ,ftL;a:'r,;t.r�,,,,,..: , �f (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. 4t"-ad b Contractor' s Public Liability Insurance in an amount not r less than $1, 000, 000 for all claims arising out of a single 3SrrrY 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. Contractor's Pro ert Damage Insurance in an amount not less than 't4 }' =i. $1,000, 000 for all claims arising out of a single accident orY+ occurrence and an$100, 000 for in a single accident or ► Y one person g occurrence (c) Automobile Liability Insurance in an amount not less than. $1, 000, 000 for all claims arising out of a single accident or .:;,.:pSth, ,TS?r:; 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 $1, 000, 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 �,tt .=, ' 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. et' t1 (f) Scope 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, Y 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 f this contract. NOTE: Paragraph (f) is construed to require the procurement of Y N 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 ;ya further agreed that Contractor shall be as fully responsible to 'a r � �'�y S,�rt2c'�U�"+if*1'.7tir + r'S i. + ' "" .t; li Y,r.�a t'♦ . . P � � �'�,s,�' 't;� i�t i{tVt r[wy' t�t A,+� '�'; t i•,' .,, '� lit } ' �[ ` ;;r DrtS,4i yry;,,,�1G.��, f Z {' �! �d to S,r�+'+����31 t.G< • ' icy l� � t # ( [ 1'� # TM .,�k� (v pr+' s;tiw}}#( k:2G ..y�t-t*1'+'.t. t j r. '1� ,'I (. e.`•},#"1, if"' a.ldS;t.a'+ irq .y j r t'.tirYt1fS:Al jtt+t:J ;'t1 !! �k.7g41'R `^v Jri �o-i{ 7 ,, + i 1. S, /: t ..it t,..+zt„,�i;?µW1, »'-}t;�'. ';�,�"�y,^ ixftM1g:, .� 't .tf1:v 91 �' .,f; a i(,� ' y. y4. r.;yt i4"tr° ' ;'7,$: �. yV� ,�v#,{o.�, r� •�'>�;.-{ 1.t., � ., ,. - f�'. � .,zz it'. :m ,¢'ire.�t�hly4✓X t„{}f��7!*v. ' ,`r ..,3.. rl r`'71c<t.p�;;t�1t�'.'i�rt'•i';:. t r< L`��' # ,t>. ;iF f f y., o r � ,, ;srl�'it i y5'�` i 1' �C F.N'+ �ti,V I 7�b• t!Lf�y'��QaY)r��+�s1�#' N�U�fy 7 3' r#+ i��.Ott!.�7 xJTr;.(fix '� f Z �.FYt 1... ,� 1 t 4'1 Ib i,t 1 ..1�±3�'-. r�s.,.'�.k , } �. 5..:9.':s;. .Yf.1.;;SSL 1.nTA,Hl,,, .. .. .. .f ,. ..... s .,. ,., . .. . ..,. �''.•� ...,. , . ,. .1� .'1` y { $ X the City for the acts and omissions of its subcontractors, and ofif' 4 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 4. insofar as applicable to the work of subcontractors and to give �rt�'s�• 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 ans :;;.;'; �I contractual relations between any subcontractor and the City or '��`:�° +�''��'� between any subcontractors. , :•a., 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 fails 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 s 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 k Contractor's part or the part of its agents. The City reserves the right to tit 6. Termination. 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 an of its y 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 x ;u� materials for the work under the contract or y `' , persistentl 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. : } ' r +�,1,J '� l��,A, �f! i� +1 ��,�. r�i S 'fit ,!':;.,fl s.'.:',r4"�a„'{•;,,g„`tt+,,,fl it�.Y ,� I��1 .,i4�S'a�}�`�. r r d .....+.`. w. kry.+a ltAt} av 1} t rart:�'Y�LYrrt#t#�'.z�°$R'�RI`.`. 'd�iN'��.'r,� s..7�.t..�.:. •, .t ,r ys, .,b4 t, .r�.•'.`�tr.?t�(� .t ... . .. r ... rt t, �r4 ���f rr,i ' ?li t4`"5.n{} �• } a �f�Yie•N , >}:f r;7 8• Indemnity. 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 �J i omssion of Contractor , its servants, agents, or subcontractors «;,.�,•,��5'�, or arising out of the award of this contract to Contractor. / 9• ument for Labor and materials. The Contractor agrees <' and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed �t�q ' pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in '" " k`'" the performance of this contract. °!``' 10. Payment. The City hereby agrees to pay the Contractor i the work done pursuant to this contract according to the payment schedule setforth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated June 26, 1990 which are by reference made a part hereof. No partial k' to the Contractor shall operate as a p Payment _a •.;:;, t;};, ` approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed One Hundred Eighty-nine Fifty- six dollars ($189,056. 00) . Thousand Fifty- nk 11. Contract Documents. The contract documents shall consist ' r>,%~- ,:, of the following: Y� >,, . a. This Contract f. General Provisions b. Addenda g. Special Provisions C. Information for Bidders h. Technical Specifications ` d. Notice to Bidders p i. Drawings and/or sketches ' e. Signed Copy of Bid ray xr, w This contract and the other documents enumerated in this '"fit paragraph, form the Contract between the parties. These documents M �• are as fully a part of the contract as if attached hereto or �a repeated herein. k 12. Nondiscrimination. The Contractor agrees in the rt performance of this contract not to discriminate on the ground he or *j because of race, creed, color, national origin or ancestry, sex /religion, handica p, 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. �G. 13 . Notices. All notices required to be in writing may be 4� given by first class mail addressed to the City of Jefferson, 320 { E. McCarty, Jefferson City, Missouri , 65101 , and Contractor at 7• l +V ^x'y"i 4 7 tt.'7110 afi t s .li, x jq ```�{�. :tlt,, It 7 . �. s !r �+ .. t 't .t :`7�:.'�"v f,(,.!y'j•.! 7� :R K i 4f. y ?,t l�t�F.: '� .. �¢ Y�r -f J; .ctia � ,;4:..ti••i .t� ii t. t , 1309 Fairgrounds Road, Jefferson City, Missouri 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. 14. Jurisdiction. 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 have hereunto set their hands and seals this day of , 4 19 i• CITY OF JEFFERSON, MISSOURI Iff N t. or ATTEST: City Clerk CONTRACTOR Title: ATTEST: 3Y r Title: :k f 4 r r a 7 • krf '� 4' y' • yT L��,�},���{iT r ES } l . � h' 7' !. �i tit"� � ,s f 'fit i` .'v.�.'�is�•�.,� •u� �7'i 4 � ,.! � f //'. ; , dd pp��aa��.�`���pp r1� '� .•� � �, yy���t����t^�nj��il���; 7!�,/�y �, 'fir f f,�e t ¢'L Y.:t. •. ,:!: �� Y��.4N�.S++t r�^��'�0��•JJ7�o�{�'• � 4fS c 1 i�• �r,���} �J{�¢t���r�.`t''�t�jv`3a' ggt4�F'tit'H'Y���F��S'?t �.�'7 .`k �� ,r�•t�,., .flt�,r .. �? .+a; t, Jt i• .�„a R �,+;�vi J .'�t�r+,� � .� l . ,. . r r.3.., y .sr� •,i,�..c 1 )i'r .t,,"� rt£� p�tTt`rF�4�.€'�cT s'a.�!,d�.(�`s�. 1�:tt','at4�v7{h � '� e1K}«�y a , PY yr :t�' + .�ti"`'^•,..,,,� r ..r 1., :1.,,,... t. .'.rl. e �', , "a fir( ISSUE DATE(MMIDDNY) r+'' '•� +:,n r;"�' `�' .,��., ����" r,�l tyxtu�k,�„°+�.-st,e�,,,y,��.r�-.�.t�,a,�,•�ii'�� '�:'." 1i "Jr�. , t.-,c Qysr• PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ; ryI; NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fred Vogel Insurance, Inc. 301 Monroe St. COMPANIES AFFORDING COVERAGE ' ;R. ,Y•.: 2z t P.O. Box 810 Jefferson City, MO 65101 COMPANY LETTER Heart of America Fire and Casualty Co. COMPANY LETTER "'` C INSURED Schnieders Don & Ruth Ann COMPANY yWr} r Excavating Co. LETTER Don Schnieders . "" 1309 Fairgrounds Rd. COMPANY Jefferson City, MO 65109 LETTERt4, 7rt ; COMPANY LET-TER z-�. yiar'"" '�i :4y Ei "Y of 5y/fn'rNy S i �zs',F-•i"ffiuNS`.aJ }.:, r.'Wlti:rZ5x5",�f: #' t ' .ty S•. 0 t..t<,j�<. .�,.�i, Sl. .1i�}YU,.•.!y�+�a+.+S t' r THIS IS TO CERTIFY THAT 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 CONDI• TIONS OF SUCH POLICIES. "i r POLICY EFFECTIVE POLICY EXPIRATION "+.a;j`'''','`•I CO D/Y TYPE OF INSURANCE POLICY NUMBER DATE(MMIDY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS LTR GENERAL AGGREGATE 1 OOO OO GENERAL LIABILITY } A X COMMERCIAL GENERAL LIABILITY CPP2700082 10-10-89 10-10-90 PRODUCTS•COMP/OPS AGGREGAT(1) 000 00 , $l 000 00 :..?; • ,;. CLAIMS MADE PERSONAL 8 ADVERTISING INJURY �< ? EACH OCCURRENCE $I 000.00 OWNER'S&CONTRACTORS PROTECTIVE FIRE DAMAGE(ANY ONE FIRE) $ 50,00 5 00 MEDICAL EXPENSE(ANY ONE PERSON) AUTOMOBILE LIABILITY CSL •. ,,sd%y--1;'.�_ ANY AUTO $1 000 000 1•' X BODILY ALL OWNED AUTOS 1' t INJURY • +' 10-90 (PER PERSON) $10-10-89 10- SCHEDULED AUTOS BAP2000045 HIRED AUTOS INJURY NON•OWNED AUT05 fPER $ ACCIDENTI GARAGE LIABILITY DAMAGEY $ £t{ �.. . ;fit. `'li>:�It`•ho1:� ' yCti.•.{::;•.::: EACH AGGREGATE OCCURRENCE EXCESS LIABILITY OTHER THAN UMBRELLA FORM STATUTORY A WORKERS'COMPENSATION WCP2500259 10-10-89 10-10-90 $ lOO 000 (EACH ACCIDENT) Y R ?4 s t•" (DISEASE-POLICY LIM'T) :r\, AND $ 5 00 000 EMPLOYERS'LIABILITY $ 100,000 (DISEASE-EACH EMPLOYEE) :. OTHER F, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS 3 Operations pertaining to Fairmount Curb & Gutter Improvements. (1) 100% of Genl. & Prods. - Comp/Ops. Aggregates available; None used. u BEER,€ - • . . - " r' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ' ?' .;r qf� City of Jefferson City, MO Dept. Of Public Works PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO b t.� MAIL DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE 320 E. McCarty St. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO BLIGATION OR , Jefferson City, MO 65101 `1• !...}. LIABILITY OF ANY KIND UP T E A ITS AG PRESENTATIVES, �,r AUTHORIZED REPRESE + Walt A. Price, Sr. Un erwri c �-- - '7 '1. 1 tM •• ' y �`r�t .e.++. .x•.• a�`""w..rw..- . . ..- »_.,,,A,r„- ....•.,u�..nwwrxwn,.ewa., r ,r v' Y'tS p P'e +M•T ! f Y 1 7 .f 4 ..� ,may. W�:.. f e 2y }' 44i;6t tc yF< 15 J�ilzJ•� t, y�' ;* � = f � :t'. ,,.11 _ .. `' t/. .w� :�t,?r�r 1.�.{,dr..lr54t�i ��77,�+1�}��•'i'+ � b f.• xyxw` , j 1 1 Y "e' r f !yt t.' , r•' °.'Y r E.� a J` r �'` i']s 4 '�' q�'r?:'""�'a.,dst+w,e.A,rsrih'�:.r=:.y*`,r9';�`'s.:�'�z1at'���`'�4.� { .. .,"� r.. . ,.. .,. ",�.. •. ,. •..,N?, `ti.,., � r,A�',. 4ah� ' a � � ISSUE DATE(MM1DD/YY)BNER MA MOORED. : U THIS BIIJDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORPJI �i NA,��z +, DUCER COMPANY BINDER NO. ; t. Heart of America Fire ,<•<«.,s .„ =• =° Fred Vogel Insurance Agency, Inc. and Casualty Co. See below w 301 Monroe St. EFFECTIVE EXPIRATION DATE TIME DATE TIME Jefferson City, MO 65101 AM X 7-16-90 12:01 X 12:01 AMk' , PM 9-16-90 NOON • k e'..r THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED X COMPANY PER EXPIRING POLICY NO: CLP26002$2 2000900 CODE SUB-CODE DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Location) INSURED ya.�:1�'• AV City f Jefferson t. r Y Fairmount curb and Butte_ improvements; „;;r`'?<<4;'�Tr�."• ; ^� Dept. of Public Works work contracted for by The Don Schnieders 320 E. McCarty t �1'i;�;,�,�j� r y . Excavating Co. of Jefferson City, MO Jefferson City, MO 65101 COVEMCES ALL LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINSUR• PROPERTY CAUSES OF LOSS 'BASIC BROAD iSPEC.' GENERAL LIABILITY GENERAL AGGREGATE � 1,000,000 ..L> COMMERCIAL GENERAL LIABILITY PROD.—COMP/OPS AGGREGATE '$ NA, CLAIMS MADE OCCUR' PERSONAL&ADVTSNG.INJURY '$ NAS OWNER'S&CONTRACTOR'S PROT. j EACH OCCURRENCE S.1,000.,0C 0 ( e1,tj. t> • FIRE DAMAGE(Any one fire) $ > aa� go PIETRO DATE FOR CLAIMS MADE: MED.EXPENSE An one arson $ a >/A•° ,.•i (Any person) ka'rs1�r��.4�r11s;. AUTOMOBILE f, .. ALL VEHICLES SCHEDULED VEHICLES CSL S # t LIABILITY BI PERS/ACCID $ '�"i3Fip,A NOWOWNED PD $ } it j qjy r{- HIRED MED.PAY $ GARAGE PIP. .. $ .. .... k � k. •,; UM :$ J AUTO PHYSICAL DAMAGE �z ALL VEHICLES SCHEDULED VEHICLES ACV � �MI. S STATED AMOUNT YT 't COLLISION DED. I S �fs• � �`F,e`}.�;,y OTC DED: OTHER vs ty, EXCESS LIABILITY OCCURRENCE AGGREGATE SRETENT OND UMBRELLA FORM OTHER THAN UMBRELLA FORM PIETRO DATE FOR CLAIMS MADE: ' �• STATUTORY ? .; WORKER'S COMPENSATION S (EACH ACCIDENT) iG AND EMPLOYER'S LIABILITY (DISEASE-POLICY LIMIT) S (DISEASE-EACH EMPLOYEE) �°c SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES Binder No. shall be same as assigned policy no - CLP2600282 MORTGAGEE ADDITIONAL INSURED i LOSS PAYEE i, LOAN N t' AUT !a ATIVE r''f al er A. rice, r. Un ter Heart of America Fire and Casualty Co. AC{1R0 7'fi-8 2 48 ©ACORD CORPORATI64468, F _ . r'.})!,(,Y r'�+y y xFY 0 S° �4 �r � ' ti` �'r tt AlT> , �rt�{ti•,;..( � � R yqa { ..�4�(4Y ♦}•S�1 zVi ( J � A l ,r I ^+ YF�( dlYL f'hAl�l� •' 'e '. .>e tt 1 14' e , ,n..+�`"' i t t tiz '1 i.• l ( y 01 F f', tr •.I �' l'i} � �F � f kt f ., i. jl .. ' ..It .i)�� R�rY,ll} r �� '1'7ik/t i(c '4 } ,S 1 r ! 1S4.. :. I t..ar �ti,,•Y' ','�r5. { , T41�y�! � tti .4 � f..rk'' 1 'k ,r�i''� ' � �•iA�;y 2.x.3��$P�.j`•Y, . j t t, ,�Y•., ' ii 1-Y ' 4�?::Jj7-1 ttt�k ;Z' tl •'!,�, y, ..,�,� Ma No ....rtrrMrr (;: '' i 1 `t _ { .. _ ._ na �`i:i':tl,'�t �' lJ,r'• 2,•1 A� � ������#`?3.4ir�•< t ;�Jy j.f i]j"�kt�"rt�'y t�';y;�`'•h f.�.!c F"5}d'e��;'s'�4�at�e�.i,_�,�"h r 4�{.fi�r a�>yt�k.h?��Y•�n'"$1,•°,u f'.i;Ama,y t�i}..•l<rJ'o-tT ti it k��{<i+t T��C t l `+{fi S�[Y/'}.j�c���t�1i"A �gN��}�,,S�:a��t�iay��`t.s � F ..}�+ i.t i` �• pi hr•t'� � , �: v.,,. AL.:>\r:',>, . ....a.,a .. ., •.y.: +,:�•...,A�R,. .e4 .,i.a, ^:z...I, :.a, r... ..?n. '�'#L,.•.x..: n:v � a AgANT 3L•i!L1: i3ia`isll4 — `:.t�.+wa. :-�,y:_:.�:: - — �.• .. _ tt.� 5}ht'�� •ti�s'..s,.. '7 .. - - — =� r7r�.—' r•-rrY•r ?�_•-3'=' _.'.�'r__.7"�_'_ _ :'T:,'ssrva«r. r f ' •-1 � ... ...,_ .u, S;_.1j���Ci���... ..,Y?4.,_�,.:.''•„`�' d:1.,r. .�`"+'Y"""^'-...t ,...I._t..s.�.,c.., _.... .�� _.. _._._._... ..'';�=�:�3=_sr'?.T"•—.t'".r. _ t:�..�i!W^:•< • .. , �� try-'���'��S i ` KNOW ALL MEN BY THESE PRESENTS that we the undersigned i i g Don Schnieders Excavating Company, Inc. , a Missouri Corporation 1309 Fairgrounds Rd. , Jefferson City, MO 65101t2ry' 4* hereinafter, referred to as "Contractor" and United States Fidelity and G uarantee Company a Corporation NA J a`tt�;t.'• , r� {' organized under the laws of the State of Maryland and authorized to transact business in the State of r Missouri as Surety, are held and firmly bound unto the City of Jefferson City, Missouri hereinafter referred to as "Owner" in the penal sum of y`�=�������= • One Hundred Eighty-Nine Thousand Fifty-six DOLLARS 189 056 ) , lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. Y }x�1tt : THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the 3rd day of ' V July , 1990 entered into a written contract withr•, � the aforesaid owner for furnishing all materials, equipment, tools, ,ir superintendence, labor, and other facilities and accessories for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in �• . 4 accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: 'g NOW THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans; Prevailing Wage Law and other Contract Documents thereto attached or, by vF reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year F after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and ' effect. 0 t �t .d�.iT=, ^�I�Y• ( ,� t 5!i 1 })} {\r3tity {C'If!f .� 4° rc��...��3.�s,,,Ye,�'f �.+ +'''.;",t, t �' ,2 t i at .t.., ,l• n� ";fi Y,tn"+i.r�. .V/.^' .v u..•. �aF 4"t'^i t .,� �`...+,.. ly} J r Yp'v;1 } e Z 't .��t'$,t`xi1. j, it trot,�Sf . � j;5 /t,,f t;.tl rs; },,.,T }'✓. It t .i,, nl.��j.� :1?. ( .�1 �i�{S� y,�rt� ist�,:} t r3 rsi, r tY},t }fit a Ii ,st,t tl, ,�`�)q�, ty,t,ysy. ,� t �S-+;q�°`S Ji",. T :,rt`< :�r t' t'. •rit•:J'i• it !r .. s' y.._ r 7 fti r.. .j'�..i �, E;, '�},yr A,.�ggrr}}! ,. t •i. ;� rc .t},.3`;rr.Y:.; { /�.gA.r,ey„ r },..z ,fJ.: ajt}1a'i oti 1 1 1 `<.'. :•,t:. rt. .kf tits. 5 .t ''P. k?tr 'tt. .,l,n-X; ��'�n''•y:�.tiRi�s ��}���r:` � ' tt t� .�..St it r t 'x,>•t r 4��; .! 7 ...A ' y yy o '{•t k' `��4rT ;`t Y• .t i tN tip .A'. fi �y r � r i. .tM1 RY .�:. .r•:i, It, t -k� ��a '� ..f>L•�tA.}l �c� ,t.. y �r A.t.. :.F i r .. ,'.k. t ••,i', wt.,r.., d�3•,L �f � 4"/`k..CsttT+7 c!tvj?^1irS y �.��t ; '„t � �;/�,� } 7 � ��� I'�. t. r•,� 1 /rt tj '�''t �. '( 1.��`'.) N`� 111 s'�r i 3 � UUy'SJ y s} : a 114 rt> s:ty fiT ai'. - ✓j�d } } f.lrr�. }.F ib i 4 ��t A��t aF°�'�$�if'.°,'��i�YS�:�, ��� Y�)✓ ` t / is ,:tk ,y ',1`. t 4 > :1 �', C i tt l� 'W 1 1},. `� 1 t }. ..t 4 !i. tii 1•, t •t y i' ( A�; v. .ti• rd t ' 9r lti 1�. � l' :r >e /'� •} 1 `,i r+.m 1.: # v' c .f,-t• ei +,{,y 4^.:+�i�.t, . r.�} U 9roy'�^"'n rt' Y d'S ,t�rTi�t 'r a`e "PROVIDAI IM-1- :. .i ^t ? _441d.:.ICAn'tr0kcto , faiils to.dui f _ _ y pay.. or ';._.. .. ! t " F =tui ± �aai govendex aaol i _ . oatingj' c�ilx' uel` oils,:`grba"sde,'"coal rejpairs, equipment and tools consumed or used in ,said work groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or "C}z any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pa the same in an amount y y n; t} not exceeding the amount of this obligation, together with interest " as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby .,.,h . stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: ` PROVIDED FURTHER, that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, ' to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety ill deficienc and an Y pay the Y y penalty provided for by law which the contractor incurs by reason of (his/its) act or omission, in any amount not exceeding the amount of thi s obligation together with interest `S as ��;-i=•�Iti��;:• provided by law: `; IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it ,.r attorney-in-fact duly authorized thereunto so to do, at Jefferson City, Missouri on this the 3rd day of _ July 19 90 United States Fidelity and Guarantee Company Don Schnieders Excavating Company, Inc. SURETY COMPANY CONTRACTOR «i = BY (SEAL) BY (SEAL) BY (SEAL) BY (SEAL) tt M-In-fa t (State Representative)Grego Cecil : 'k (Accompany this bond with Attorney-in-fact°s authority from the Surety Company certified to include the date of the bond. ) ti 1 f. � 'Y•d r yyn.1.li �� I•.T r�,. g+e yyr$iF�,}r•. �.�19. a .3 rN x .�• r Yeb'ij'yvj�uneJ }$i.:.��Y4 .. ._.,,.—. i,�t�'tutk:a'Y;rx14.'41:dk ��'r+�it ty. I `.?�•av�'�. 5 ". 1tT�P L,`; } tiSF� t^��( j N Y 3� '��v�'4A s�-i74�� ��. I :1S# 3 �/ 1 4 .r� i y '.} 1 I �. `t i.Ft.> t.J:.-1G��4+�Y���f�S !�i_���. •S '�•'` x°t:� � l 's`y t i �• `•�/ ./. ! `:1 r} r < t . d r ,r �! yk'a}'`I.r=:��:+�. it i}tt.i t , '�' I t ..f. + r ;.+; . ;� 7• >, � �� �_ t s j y g µ �.' i' 3� +Sv,rL YlJ t' j .t{ T 4 fY !i } r. ? pt t' �l It i7r •it ;s 31 {t 1;uu'-�k i ��}�y�, itl!r..=r� i x1`itt i t, „�.f ti .�+� .•` i #t 4t ; 1 t rl» 1.Ffi4M7,a?�hly�4�§��,+�;+t,� x}dt f t ir' .� ''t ''i. r t }it •IE rttz74 , 'tk&�t,li ft._3{isC.7,u1 Iv,'�'!; 7 : z! s. i i,5 •v � i' 4t t", t. I( ? � I 4 rj�ltr F F'� .r � ,fit"r •:r`..�,. 4 S �. 7 S .ty.,�y�,,�nr .�y: _�• ., s,l/ f rC.l i}'}�`��Jr�7� ;d'� Y k 7<4 4. eYYk,.. 1 X1.1 ,. ,}. . CERTIFIIED COPY GENERAL POSTER OF ATTORNEY No..........102042------------------- Know all Men by these Presents: .[ That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint ' Gregory � ait,. � A. Cecil of the City of Columbia , State of Missouri its true and lawful attorney in and for the State ofe:,x' h'r }` y Missouri for the following purposes,to wit: To sign its name as surety to, and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and ,}?lkrrj,` i y.r. all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES ?. FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Gregory A. Cecil may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 15th day of September ,A.D.19 89 rt`� ' .•=:4 Lie '::.� UNITED STATES FIDELITY AND GUARANTY COMPANY. " (Signed) ey..........Jerome W.,•Dobbyn .. ...., Vice-President. (SEAL) Frank C. Hollenbeck .; (Signed) ......................... Assistant Secretary. STATE OF MARYLAND. `'} BALTIMORE CITY, ss` t � On this 15th day of September , A. D. 1989, before me personally came Jerome W. Dobbyn , Vice-President of the UNITED STATES FIDELITY AND GUARANTY k COMPANY and Frank C. Hollenbeck ,Assistant Secretary of said Company,with both of whom I'am personally acquainted, who being by me severally duly sworn, said that they, the said Jerome W. Dobbyn .i and Frank C. Hollenbeck were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was } so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary,respectively,of the Company. t My commission expires the first day in July,A.D.19.M. i (SEAL). (Signed) ,•.•••,•„•,•Margaret M. Hurst .... Notary Public. k. °4 i YFY 4� FS 3 (1-87) x%,13]• a f{ t S' 'L'YY.d�•'.}"•Y:i^ , ltl..��if t '�' �Sc.r:�'fs hii;{'�tCr�l^{�7tf+t'� ,�f'rP t� ,t `Sltra.i�C . � i� _.� } 41, `•-..., t.,. {` - � i r r .,j f., tt. ✓.+rAtr jtS,t t+fit"�k��•r al„ y+ ' f,�s�!''t f'$4:i 1�i . .',� .!Y✓ ,w, p �.. . k !1.'r d (i .';r;' ! Jf', �, .f r " 4 .f 2. � wtY 4k`�`,AL a�d�y � k'�- Y !'��'/♦.,h� ! 1 i d� l 7 i .� .i q 4 . 1 ! 't `) f+ F..�I�i4 T(L K�tl'':t4�f' ,i4 '':2. d`�lh kG�''''\J�`$'•�''Vk°nit'�,C.y't yyir;t`tJ=3 r i ��: r+a.� 5 .t!I a f r:. 5 'k ^r�1) ! 4 y jti J, �t�t ���� s��,y,tkt•'rt i. I �.a',.F ,oirkra t����.�, �{.�3?S�. , S.. ' r ! �' �•• .(} f { :t x r^r t u t,`i�P!tX` +�Y J 9 .t d i3 � r£1'��i^'j(( u a ftY; � v.d'r { ,.1., e 1- a �.s.} ,�h5�t •4�5���w S Y�{� fy��'#n��'t �t , a� � go; CJ�t �` � i• t' 'ki •:{t'"1'`�•'�Yt4;",{{qq}"s.1.ff '` , �t ti'<• rrl, a it'. t,:g�s'yp1i{{2" �1 �,iJ'`tF"" 1+ j J $ ti ;`� r, COPY OF RRSO]LUTION - That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons :';'{ `•;.` as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding P ositions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also in its name and as its attorney r attorneys-in or agent or agents to execute and guarantee the conditions of an and all �T Y B B B Y ' bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer. local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded Y P Y Y P persons, corporation, y, a t "'r r for the security or protection of, b or for an person or ersons cor oration bed office interest municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. I, F. J. Willey ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Gregory A. Cecil of Columbia, Missouri , authorizing and empowering him to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the °. Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of _ e4r .M4 fci i November, 1981, at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said ' resolution,and the whole thereof as recorded in the minutes of said meeting. !` In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY r'' COMPANY one ?t. : July 3, 1990 (Date) dt, Assistant Secretary. + ^; tv t �•.t "top w!r+ ,..,. �•.,T...{.� .s� r {.' t.. {.- -fit.—n•ry�;•zratr `.r,fll''F., r < �• Ytf1�p . !zr i���`� i i.. tt l4 1 r. i .Alr t t y: pr , n .t, f. srr 'si „jEr.$y''1 i"irp/ry t •aF "a... vC` t Yt( + t :rl i `-�.:. ' 't :`., t. e'.t' i f t t I.h ��J• i}� Y1 FLtia C r fM 'h�4�t A+S�t � �• �, ��.. `y?i a/�j,!{d;1•(£�°�r t'1j,.i4 1 a ir. l r { , f� i �� + �� �� x i /J ! 1 r" ( t;,t i` I 4 �r t'.@ .�ati .k. ':"•t�f+�y° �'' � 4,`�,,,wf,.'iFY;•'ri+'✓ i� .q �i�{,.$}�K 1+?':»'`JK�>`'.iU�t.'p?it tik 4��.)t v i{r. .r*7 t:\ � v, , a i t if.' z l 1. r tyi' ,Y �f�' • .},II}r'x" .�4�r�i�kyJq t ¢' ' ':1`• /`r �K...ek('�A?; (Y,iCi1✓+>6�.,1 {oT�'•1F "Jr;��, p'i4a � �i .t•;`,t � i � ;r.; (' , � ,4 z rxi Fif t.;a�7 -�'�"���`v'% �./,xr, y, `�4� �..< ��tRdd�oo f�b7�i,: 4tt ki..� :..d �Itir a. I r yt I � 1 t r „Y r.,i> ��i,9�r,. ':tjT 'tri�,bf'T1'�t, irT• .�.,, 3;P i5!1�c,� � 7*izttllr �{ k `r 1 s t .f:�' •r +.!L ! { Irv. ,trt. .-ir r.t+p?: i p. r K�Y � � y� .1 t� �+ '( t •I / g,s:, o+.tfl�.b"�.��k. �i�'�?�� l i• S,w t ,:: ' ""A �' �fi e b��.�i'il pw' r�j�q£° 4 •�Tt)) �4n�;S wwknthuk!+li. 5t rT•p`� fit t:.�s � �` " `' t� •1�L. �a THE AMERICAN INSTITUTE OF ARCHITECTS r . .i BOND NO. 70-0120-10697-90-4 Executed in Triplicate AlA Document A312 Payment 'Bond J �1 a5 `i Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. i 3 ,A CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Don Schnieders Excavating Company, Inc. United States Fidelity .& Guarantee Company 1309 Fairgrounds Rd. P.O. Box 1138 Jefferson City, MO 65101 Baltimore, Maryland 21203 OWNER (Name and Address): City of Jefferson City, Missouri 320 East McCarty Jefferson City, MO 65101 r CONSTRUCTION CONTRACT 1 Date:July 3, 1990 Amount: $189,056 ' Description (Name and Location): 1990 Fairmount Curb and Gutter Project a BOND Date (Not earlier than Construction Contract Date):July 3, 1990 Amount: $189,056 J Modifications to this Bond: ® None O See Page 6 CONTRACTOR AS PRINCIPAL SURETY Don p5�c nieders Excavating Company, Inc. UnT?e2y$tates Fidelity and (luoa rate.'s "f Signature: Signature: BY: Name and Title: Name and Title: Gre o A. Cecil Atto n -in-fact (Ahy additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or i i ISU/Corporate Insurance Management other party): 1001 .E* Cherry St. Suite 218 Columbia, MO 65201 ARA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 A 312.1984 4 THIRD PRINTING•MARCH 1967 Contract 373 112.871 i 5i a y... ry ,•do- .fit" , k J •�'' ,�,}} 7 ik4�'�r� 8lfytr i ? .'�'�� 'f�S.h�% �".51.: ,�n','4`i�t'T! r+��'•';S 3f»�'.} ���' .�W�r,F1 r I t��} k1 :fit^*t� .. �;.,Y m� t.�"},�'`�fjlj�'�h ���¢ d;xtfpt t , �' � i . 1 s,:$ .. ir, i c�• �`- },� f`fiY-1�.,..�.i:;..., �,.:ii...un•�ivErkttti'k.°.§?J4?'�tv.Qk�i.".hN;,�i%�'h'"�L` 'fl3��,u���.1Yi i .... „^,'�... :t, t :... •.... ... r. .•, .f.. .. ,. .. f r 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions ofik't ' bind themselves, ' ` their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: - ' materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to { mance of the Construction Contract, which is incorpo- r,.;r.- , ,.: !i the Owner, within 45 days after receipt of the claim, �:�:•.;,,�„{ , rated herein by reference. stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed, ' } null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and ;• : 7 The Surety's total obligation shall not exceed the ,,;�y.•.=•::..•�r, 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits b an credited for an payments made in good faith b the y ' Y Y P Y g Y Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials orequipment fur- 8 Amounts owed b the Owner to the Contractor under P Y Y nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- u •}ar+4 Contract, provided the Owner has promptly notified rnance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of an claims, demands, the Contractor furnishing and the Owner accepting this g P Y g P g liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Suret shall have no obli ation to Claimants or others for obligations of the Contractor that are unrelat- ;,'_,{ ;,,•. y g ed to the Construction Contract. The Owner shall not be under this Bond until: liable for payment of any costs or expenses of any Claim- r"rrr 4.1 Claimants who are employed b or have a direct ant under this Bond,and shall have under this Bond no obli- Y contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating " that a claim is being made under this Bond and,with 10The Surety hereby waives notice of any change, ; substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other $] ;; with the Contractor: obligations, f ,.•, .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant `�t� a tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after Having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- Y . materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the ^. provisions of this Paragraph are void or prohibited by law, =..2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a '' r} iri:part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. Within 30 days of furnishing the above no- iice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the ; t signature page. Actual receipt of notice by Surety, the }, r. .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the(at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, ` stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor, the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement ' q Y Paragraph given by the shall be deemed deleted herefrom and provisions con- S If a notice required b Para rah 4 is x Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance, be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIAS THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 THIRD PRINTING•MARCH 1987 A312-1984 5 4y, •, t T 0 1ea'Va$E r �iYleK' S$ `d7nt, 1711 .�r k 7” S v ti a �•-• • r ! ,. i'��� !.+ •Y at• d*f` ry�t' �,rq t.,t f ^yI ,d('a Y•tRA 1s{` �tk it fit{ tl` }yi�h t! }{. ; ,.._ � � yif,f'r �,.iSv� i'>rG'1";.`�`N,`�°�^`•r`;�elih�tiT>t f?'�' j:s� s :i �.Y!4 4 I" � t s.,r ' + t �iS`rt�ri.'� .,j � C. µ.Yx�� � ':' .,f�}�'$ a�•'�,�f�X��h + s;.l r v 1+ ti i} tt J 5 � t �{ r ..:J 1 it�'}'4e1�fS 1J 1 'tr., ,rkn• ��7('�7,Yq r� ��1i �r{ ,J i ' t t ;,t 1 ° � r a, !q ,t t �k.. i-�::�.1`q`� '�<`•9.1n:`"••�jy;�C. k t" r :'F t ,.'v' r1L"9�'�1z 1J'r Tr`iS r.C.t. �,t., r t.. t., '{f.•l'r, '?:;,•s V,�`B''t `3 ;#. f ��^^! 1 9,t Fif ! Bond shall be construed as a statutory bond and not as a common law bond. Construction Contract, architectural and engineering ;4 services required for performance of the work of the J, gft 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall Contractor and the Contractor's subcontractors, and promptly furnish a co of this Bond or shall permit a co all other items for which a mechanic's lien may be to be made, pt' pt' asserted in the jurisdiction where the labor, materials or equipment were furnished. �x 15 DEFINITIONS 15.2 Construction Contract:The agreement between ff 15.1 Claimant: An individual or entity having a direct nlaturre page,n n lud ngnall Contract tDo Documents and on the s ' 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 intent of this Bond shall be to include without limits- remedied nor waived, to pay the tion In the terms "labor,materials or equipment that neither been or to e 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: I (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: p y' (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: E ALA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED, -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE„ N,W„ WASHINGTON, D.C.20006 THIRD PRINTING MARCH 1987 A312-1984 6 j Y v n 9' t �, ., i {c.� •� 'k �R t��A t.�i7jjA s t� `f: � a t N1 , 1 s ! d .r, 7".�'d•>x�x. ' 'i J h I I' ''p 1} ! � { ... ,. .. ? ':�.n,...?��st�� }>7^`i°'A ��`�:.. '�•. ���,��'��S".4�,a ,Y�� a�Y;,, r r,r,l,..r.r.r.L°cH. . � � .{• ,4•;S h`rryr J' CERTIFIED COPY GENERAL POWER OF ATTORNEY No......._..102042- - - - '4fM F Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the ".. Stti"Y 4j° .;; ,•. State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Gregory A. Cecil .z.i,. of the City of Columbia State of Miss , `} ° ours its true and lawful attorney in and for the State of Missouri for the following purposes,to wit: ;r,±!'t♦♦h''{�„,t ('3uytr trY+xt`1,orm any and all acts and things set forth int they esolution of tthe Board of Dire torseof tilensaid 1 UNITEDnSTATESeFIDEL FIDELITY nANDrf GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES t '�i� it�rtYt FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Gregory A. Cecil may lawfully do in the premises by virtue of these presents. u''t: ::; In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be zul) f sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary,this 15th day of September ,A.D. 19 89 t UNITED STATES FIDELITY AND GUARANTY COMPANY. z (Signed) By...l......Jerome...........W.....Do.....bb n.�.'........................ Vice-President. (SEAL) (Signed) Frank C. Hallenbeck ......... .......................................I... Assistant Secretary, I! STATE OF.MARYLAND. fc I,r BALTIMORE.CITY, as: On this 15th day of September , A.D. 1989,before me personally came Jerome W. Dobbyn , Vice-President of the UNITED STATES FIDELITY AND GUARANTY x '; COMPANY and Frank C. Hallenbeck ,Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Jerome W. Dobbyn z' and Frank C. Hollenbeck were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; �f that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was :1 so fixed by order of the Board of Directors of'said corporation, and that they signed their names thereto by like order as Vice-President ` and Assistant Secretary,respectively,of the Company. My commission expires the first day in July,A.D.19.90 (SEAL) (Signed) ,,,,,,,,,,,,,Margaret M. Hurst ........Notary Public. ... FS 3(187) v rsf '.r, f' ,il * rr'7t'V xis; , t i { 7."x .,.—•-�”'—i f.Yl�' .r i. r Y rJ.`'7"""�'.. "�R N� { j `.4yn.t... .1Yl1�CI ,'r J�pa.��th.y,v,•b c �:'It a�rx%',r x y Su � .c :r � . r:•� t� f.' :� ? 3 } '.e,. 4 r i t;; Y' ?Uy't.HV�,!Y Ytt"„ .`ft t. ?�t r1 � �` tr .�"4. J•i } lM1 � f :`�' 1 '{ t �l '.Ti ( ti f 7�y }'/ / {i�' t "t1 TRri,.s;'�;2.,M,' 'Y{t rr r': { tx ( + .i. `,'.t.` 'r. .�. .rt'.13 ,+,�tt;,]kirerj;�•srai." 1 r*'i��";•Y�,.sF.i'i'��ii�Yr] t n 4i t l''` �7'�..( , ,' r ff 1 �f� ,tI r` e I �r / 1U°� + •e' t •1'b.. '�, �I�' '+t�t'r'�ffi ttxfftli�,r i�Irt`f 'tt✓'` l..:. � .lr' { °fi (f ,..' �, ti,�t � ,i4t' " f{+t�lirf�* ��'� t`�i'.I:��+ •k. t^ ,.}' "'b�;�+� 5 .}° .S�/:if '�' (..'. lt. 'I�f d r '{t rrk,�'1 n ,.4 n�. '��,i•. �• t t 'a ��� iY{: �tK'.{�,{h,i2; �t4i`'s r�' S+. +.:.f. � tr � (� err 7t, i i ,� 'il�� tr .:tt, .str rr '�:,f��.;��fty"��r`d 1, ry}✓�, Y,q• q ,•'g r F ct,. +u.tf t, J r7. r ) �i� 7 Y �� !7{ kii s t�i�l+'. r ,.;::y �),. , ,•.ft4. '�! i{{ �t(, i"' fS t'S ip�:I`r tl.i�if� '"t�{`K 6" tt• r'A:`r` ip � t t ¢x •s'��}�'� r : f'� &� 7 rZ a tp 3 ,yx ..fi�t tAt 5t k?A�'�'o'' "• Fn,t 5 ,4 Fed_nr.i},,Y;lT1 4: 4.., t".r.r,Y 14 k::'•..:. .i,"F.Lf,t.F, �..,.. SSI:Fikaa'a r.T,..t..'V�. ��.1 :+1 w : ea is ��f r"1t'• COPY OF RESOLUTION 00 That Whereas,ft is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to net for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons <. as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute sad deliver any and all contracts t, .•. guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also,in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all , bonds, recognizancea, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, a4{ a. municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or �'�,;pl territories of Canada, or by,the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, {3 �''• local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association ortH;p<w organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which ;'x;rn;ri may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. /, F. J. Willey ,an Assistant Secretary of the UNITED STATES FIDELITY AND t GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Gregory A. Cecil vif- A E+ of Columbia, Missouri g p g to sign bonds as therein act , authorizing and empower him forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of , t� November, 1981, at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. + In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY r. ''5 COMPANY on July 3, 1990 ` 'Ia (Date) • 'Y "nr r rt ............ Tr; a y Assistant Secretary. ''A. f, �t•tj t4 q,•r t 9 �t+ l3 �' ��' r t ... :'air" , r"7� ,r'7 M.r'r. .r_..--�-m. ..;:j,;T m. , ,. ;i•`?�'xr?n;;.�q"gmF.'i'Y,'7�' } .y y t. 1�.+, ` ;s;v;J.r(j.`'�•fi r^tyrr Yw ,t � � T� i Z t i�..nT'Sud r t � '.J I^F J SG $ fA Y. t � a 3 t � i `r + r. }4 •.� 3 �t } �t�"ft r ��. 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