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HomeMy Public PortalAboutORD10020 BILL NO. g �p SPONSORED BY COUNCILMAN ORDINANCE NO. J y D U AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH J. C. INDUSTRIES FOR THE 1983 CURB AND GUTTER PROJECT PHASE 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with J. C. Industries for 1983 curb and gutter project Phase I for the sum of $124,589. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after c th—date of its passage and approval. Passed c� Approved —T —� r siding Officer Mayor ATTEST: (--A A-U-- Lda--"-t� City Clerk ODNI'RACT FOR PUBLIC UURK j This Contract is made and entered into this _-3 IT day of aiezol�4�_ 19 09 , by and between the City of Jefferson and J.C. Industries, P.O. Box 1264, Jefferson City, Missouri (Contractor). j1JfIETM, the City Council of the City of Jefferson, Missouri, did on the day of , 19 , award to the Contractor the bid of the improvement of 1983 Curb and Gutter Projects Phase I NOW ARE, for and in consideration of the awarding of this contract and the work thereunder by City to the Contractor, the Contractor does hereby contract and agree to do and perform said work, above specified and referred to, for the following prices and to accept in payment therefor: 1. Special Tax Bills to be issued by the City against the real estate subject to the payment of said improvements at the rate of $7.50 per front foot for Gipfert Lane, Karen Drive, Washington Street and at the maximum rate of $3.75 per front foot for curb and gutter and $9.00 per square yard for drive approach for Forest Drive as provided by law, and 2. Monies from the treasury of the City, upon acceptance of said work by the City Council of the City. llie approximate quantities, unit prices, and total amount are as shown in the itemized proposal attached hereto as Exhibit "A". Upon completion of the work, readjustments in the contract price shall be made according to actual measurements and at the price per unit specified in the contract. It is agreed and understood by the parties hereto, that this contract is entered into subject to all existing ordinances of the City pertaining to the work awarded and subject to the plans and specifications and estimates of the costs for work on file in the office of the City Clerk, and which shall be considered a part of this contract; that all questions arising as to the proper performance of this contract of such work in accordance with the plans and specifications therefore, and estimates thereof, shall. be decided by the Director of Public Works of the City of Jefferson, Missouri, or by such competent person appointed by the Mayor and the City Council of the City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Public Works; that in the case of improper construction, the City reserves the right at any time to suspend, relet or order an entire reconstruction of the work; that Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within sixty (60) days thereafter. The City reserves the right at any time to suspend, relet or order an entire reconstruction of the work atwarded and to declare the contract forfeited, but such suspension, re- ankh, letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor's non-compliance with this contract. Liquidated damages of $100.00 per day will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof. The Contractor agrees to pay all classes and crafts of labor used in the performance of this contract the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations and Contractor acknowledges that he knows the prevailing hour rate of wages for all the classes and crafts of labor to be used in the performance of this contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determina- tion No. 3-026-114 , in which the rate of wages are set forth. The Contractor further agrees that he will keep an accurate record showing the names and occupation of all workmen employed by them in connection with the work to be performed under the terms of this contract, record shall show the acrual wages paid to said workmen in connection with the work to be per- formed under the terms of this contract. Contractor further agrees that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other authorized employee of the City. In compliance with the Prevailing Wage Law, as amended in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969, effective October 13, 1969, not 'less than the prevailing hourly rate of wages in the Jefferson City area shall be paid to all workmen performing work under this contract, Section 290.250. The Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day, or portion -thereof, such workman is paid less than the stipulated rates for any work done under said contract, by him or any subcontractor under him, Section 290.250. Contractor agrees to completely indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney's fees and all other expenses whatsoever, arising out of the performance of said work whether the property or persons danuged are the servants and employees of the Contractor or third parties, in no manner connected with said work. All interlineations, corrections, deletions and changes herein have been prior-to the execution of this contract. Contractor shall procure and maintain during the life of this contract: a. Norlmian'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 Workman's Compensation Law, Chapter 287, Mlo.•, and Contractor's Property Damage 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. C. Automobile 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. 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 $800,00 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. e. The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least (15) days prior written notice has been given to the City. IN WITNESS WI:MMF, the parties have hereunto set their hands and seals this ( D day of O",( 19 $3 CI Z0 r , SSOURI By City Clerk 000, F . BY AT=- :: /n I,All w P3 iU)X%S,�L l•Uf L41 Cl'1'Y OF JLTF 1 1.SON, I,fIS t1l1I Name of Bidder J.C. Industries, Inc. Address of Bidder P.O. Fox 1264 Jefferson City, MO 65102 To The City of Jefferson, Missouri 320 East McCarty Jefferson City, Missouri 65101 'I7fE UNDOMwIGIN= BIDDER, having examined the Plans, Specifications, Regulations of the Contract, Special Conditions and other proposed Contract Documents, and all addenda th(-:,reto; and being aquai.nted with and fully understanding (a) the extent mid character of the work c uvered by this Profx)sal; (b) the location, arrangement, mid specified recfui.rements for the proposed work; (c) the location, character, and condition of existing streets. roads, high�l.,a.ys, railroads, pavements, stirfLicing, milks, driveways, curbs, flutters, trees, severs, utilities, drai.nRge courses and structu- es and other installation, both stir. i'ac..e and un6ergrouid •%ahi c;h iikmy ai'fe c;. or be affected by the proposed �\urk; (d) the nati.ire and extent of the excavations to tie ri—nme, and the type, character and general condition of materials to be excavated; (e) the necessary )-m—idling and rehandling of excavated materials; (f) the location and ea-tent of necessary or probable dc-watering requi_rffmwnts; (g) the difficulties and hazards to the ikork which might be caused by stone ;And flood (h) loc-al conditions relative to labor, transportation, hauling, and rail cicriivery facilities; and (i) all other factors ;3.nd conditions affecting or which qD may be affected by the work, ?ii7I: 31' PTY)T)SIM to furnish all required materials, supplies, equipment, tools, and plant; to perfonn all necessary labor and supervision; and to construct, install, erect, and cmi :A ete all work stipulated in, required by, and in accordance with, the proposed Contract Lbcurrents and the dram-ings, S)-,ecifications, and other docu- i,-nts referred to therein (as altered, .u»y�!nded, or modified by addenda) , in the r„inner and time prescribed and that he will ;accept in full payment slims determined 1,,y npplyin, to the quantities of the following items, the following unit prices j,:id/or any lump sun payments provided, plus or minus any special payirKnts and ;ui<iustirents provided in the Specifications and he understands that the estimated go,untities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the (ii-swings and descri.bE!d in the Specifications, and that increases or decreases may too snide over or iijider the Contract estimated quantities to provide for needs that are detennincd duri»g p og-ress of the cork and that prices bid shall apply to such increased or decreased qu:tntiti.es as follows: i M M DRnT SPOMI DRAINAGE ITEM. APPROX. UNIT NO. DESCRIPTION UNIT QUANT. PRJCE A%CUNT Type "B" Modified Drop Inlet Ea. I /000 ! 10067 4'x 3' Type "A" Curb Inlet Ea. 1 151, alp L.F. 58 35 e-0 35" alp 451, Elbow Ea. 2 0=0 181, PVC L.F. 308 18" PVC Elbow Ea. 3. dul Seeding Mulching Acre . 35 pO �ct 7-e la MRFSf DRIVE CURB AND GU= 1983 CURB AND GUIMM- PBaMCf PHASE I ITEM APPROX. UNIT DESCRIPTION UNIT QUANT. PRICE AMOUNT 1..0 Rrmovals and Denoli ti ons LS j0 7S0 00 2.0 Grading and Excavati.ng LS �SdO�° ,5ODpO 50 3.0 G" Type "A" Curb and Gutter LT' ,�]G00 ��DOO bo 4.0 5�" A.C. Bp-se Pavenr2nt Ton 1.00 32 �_° ,3, 20©e 4. 1 1-'" Grade "C" Tun 160 Surfa.c.e Paw-Ioent 5.0 G" P.C.C. Drive .Apron SX 52 00 7)Te "A" Curb Inlet Ea 2 7.0 15" C.M.P. LF 65 ao 00 (curmlete in place) 2= - / L ].8" C.M.P. LF 33 7. 1 (complete i.n place) 30 - 9�°0 S.0 Crushed Stome Drive Ton 11 oo Jroo 4" P.C.C. (4" A.C. ) Drive SY S. 1 Repl.aceimmt. 60 - c_ 20 /, :J.0 Seeding and Mulching Acre 0.25 2 10.0 Adjust I_`xi st i ng J Lanhol cs all 2 34 '7MC0- .Su A GiPFE-lTr LANE CURB AND C7UnTR 1983 CURB AND CII. mm moii-lCr PRASE I ITEM APPROX. UNIT NO. Dr.SCRIPTJON UNIT QUANr. PRICE AMOUNT 1.0 Removals and Demolitions LS 7,5�q - 750 n p 2.0 Grading & T-Neavat i ng l.aS o0 oe Cut - 259 Fill - 57 SO C7 3.0 6" Type "A" Curb and Outter LF 690 7 6'0 -5- 4.0 6" P.C.C. Pavement or SY 61.0 a 7" A.C. Pavement 5.0 6" P.C.C, Drive Apron SY 110 6.0 Crushed Stone Drive Peplac.ernent Ton 10 0 6. 1 4" P.C.C. (4" A.C. ) Drive SY 60 Foplacement 9" Sidetialk Re:pla.cerr�ent SY 1.0 7.° 20°= 8.0 Adjust I sting Manhole 7Fa-" 1 2' F',-at R)m- m Concrete 00 9.0 Ditch Liner 10.0 Seeding ,uid Mulching Acre 0.20 Sc.h- dJ'A 540 i --;err_--'..:-^•.-----�--'--:--�.,._._...._._._._...�__.____�_.-.._.___._.... .. _ .. J�c�V i✓r?G� KAIZT;N DRIVE CURB ANT) GLU TIM 1983 CURET AND GM ER mjr1 cr P mil., i AM ITEhf APPROX. UN IT NO. ]:Tal .DESCRIPTJ0N UNIT QUANT. PRICE AMUNI' 1.0 Rcanovals and Tk-mol l t.i on Grading and Excavating 2. 0 Cut - 689.79 Fill - 10.95 LS .500 0 2, �d0°o 3.0 6" Type "A" Clzrb and Gutter IF 1]00 X50 ��SQuo 6" P.C.C. Pavcn-ont or 3. 0 7" A.C. Pavement SY ].960 /.3°O /� p�Aa 5.0 G" P.C.C. Drive Apron SY 40 5.0 7 7pe "A" Curb Inlet Ea. 2 "T bo 7. 0 Crushed Stone Ton 7 ��pO �d�r-'°_°_ Drive Renlacement 7. 1 4" P.G.C. (4" AC) Drive SY 95 �.,�CT �aao Rep]a.ccinen�t g 3.0 Seeding and Mulching Acre 0.30 2.540` W A�;rI1I G FO Jq SJ111D r CURB AND Q"I'JI R 1083 CURB AND GU.Fn;R 1?R()JECT PHASE I ITEM APPROX. UNIT NO. DESCRIPTION UNIT CUANT. PRICE MA)UNT 1.0 Removals and r�awl.i bons ]S 2.0 Grading and :F�cavat i.ng 1st Cut-- 430 Fill - G7 2i i 3.0 6" Type "A" Curb and Gutter" LF 800 .50 pO G" P.C.C. Pavc-Dent or SY 4.0 7: A.C. Pavement 9G5 I • 5.0 ! Type "A" Curb Inlet (S' x 3' ) Ea 1 /,000°-p / 000 ,:-, J � G.0 6" P.C.C. Drive Apron SY 46 /�09 eo 4" P.C.C. (4" A.C. ) Drive nt , 19 00 o0 7.0 Rep Ia.cai-x-- �o - , 38D - Crushed Stone ion 7 0 on 7.1 Drive Repl ac eirrent 8.0 21" DIP with two 450 Elbows LF 45 00 00 (complete in place) 9.0 Seeding and Mulching .'rare 0.1.7 10.0 Adjust basting JAL•-i;3ho3e �ub 7,- 2G,333�a oa -- Mom NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Winter-Dent & Co. --- 101 E. McCarty Street COMPANY A United States Fidelity & Guaranty Jefferson City, Missouri 65101 fulfil COMPANY I1'11ER B NAME AND ADDRESS Or INSURED COMPANY LETTER L.T. C. Industries, Inc. COMPANY P. 0. BOX 1264 LETTER Jefferson City, Missouri 65102 COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 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. COMPANY Pot-ICY Limits of L abil ty in Thousands LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY s $ A COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD SMP030771279 7-1-84 PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE s 5 00 $ 500 BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY s AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ® COMPREHENSIVE FORM BODILY INJURY $ ®OWNED BAP024839826 7-1-84 (EACH ACCIDENT) ® HIRED PROPERTY DAMAGE $ ENBODILY INJURY AND NON-OWNED PROPERTY DAMAGE s 500 COMBINED EXCESS LIABILITY BODILY INJURY AND A ® UMBRELLA FORM CEP030206870 7-1-84 PROPERTY DAMAGE s5,000 $ 5,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and 7000369838 7-1-84 EMPLOYERS'LIABILITY $100 LM,II ACCIO[NTI OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 1983 Curb and Gutter Project Phase I Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail In days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICAT E HOLDER August 3, 1983 ` DATE ISSUED: City of Jefferson, Missouri City Hall AUTHORIZED REPRESENT IVE ORD 25(1.79) Bender No (Xoro • •• ' • ME AND ADDRESS OF AGENCY COMPANY _ United States Fidelity & Guaranty Winter-Dent & Co. Effective 12:01 a m August 3 . 19 83 101 E. McCarty Street Expires,4dc 12.01 am ❑ NoonA st 3 . 19 84 Jefferson City, Missouri 65101 ❑This binder is issued to extend coverage in the above named company per expiring policy ft _ (ezce0l as noted below) NAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/Property City of Jefferson, Missouri 1983 Curb and Gutter Project Phase I J. C. Industries,Inc. Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded. %"` P — — R 0 P E R T Y Type of Insurance Coverage/Forms Limits of Liabilit L Each Occurrence A re ate 1 ❑ Scheduled Form )W Comprehensive Form Bodily Injury $ 800,000 $ 800,000 ❑Premises/Operations Property ❑ Products/Completed Operations Damage $ 800,000 $ 800,000 L ❑Contractual Bodily Injury & KI Other (specify below) Owners Contractors Pro cti-ve Liability Property Damage Pay. Combined Y ❑ Med. Pa $ Person $ AcPdent ❑ Personal Injury ❑ A ❑ B ❑ C Personal Injury $ A Limits of Liability U ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury (Each Person) $ T ❑Comprehensive-Deductible $ Bodily Injury (Each Accident) $ 0 ❑Collision-Deductible $ M ❑ Medical Payments $ Property Damage $ 0 B ❑ Uninsured Motorist $ 1 ❑ No Fault (specify): Bodily Injury & Property Damage L ❑Other (specify): Combined $ E ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONS/OTHER COVERAGES NAME AND ADDRESS OF ❑ MORTGAGEE ❑LOSS PAYE E ❑ADU'L INSURED LOAN NUMBER 8383 Signature of Authorized Represents a Date hbbh� I'm RD 75(11.77) ® SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY �C� OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 Bond No. 4466724 PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No.A-311 February, 1970 Edition KNOW ALL BY THESE PRESENTS,That we, , (Here insert the name and address or legal title of Contractor) J. C. Industries, Inc., Jefferson City, Missouri as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto_ City of Jefferson, Missouri (Here insert the name and address or legal title of Owner) as Obligee,hereinafter called Owner,in the amount of Orie Hundred Twerity Four Thousand Five _ Hundred Eighty Nine and no/100-------------------- Dollars(S 124,589.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,successors and assigns jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated August 2 , 19 83-L—_entered into a Contract with Owner for 1983 Curb and Gutter Project Phase I in accordance with Drawings and Specifications prepared by (Here insert full 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. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION 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 extension of time made by the Owner. (continued on reverse side) S-1219 R1 8/77 PRINTED IN U.S.A. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1. Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if cite Owner elects, upon determination by Owner and tite Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner, and snake available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed and sealed this 3rd day of August 19 83. r J. C. INDUSTRIES, INC. (Seal) i Principal l (Witness) Title SAFECO INSURANCE COMPANY OF AMERICA (Witness) Glenda A. Fly Attorney-in act LABOR AND MATERIAL SAFECO INSURANCE COMPANY OF AMERICA • PAYMENT BOND GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAU%C0 OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98186 Bond No. 4466724 Approved by The American Institute of Architects A.I.A. Document No. A-311 February, 1970 Edition Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and faithful performance of the'Contract. KNOW ALL BY THESE PRESENTS, That we, J. C. Industries, Inc.,Jefferscn City, Missouri (Here insert the name and address or legal title of Contractor) as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto City of Jefferson, Missouri (Here insert the 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 amount of One Hundred Twenty Four Thousand Five Hundred Eighty Nine-- Dollars 124,589.00 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated August 2 , 19 83 entered into a contract with Owner for 1983 Curb and Gutter Project Phase I in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of rc titect which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the 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 following conditions: 1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (continued on reverse side) 5.1220 R1 10/72 PRINTED IN U.S.A. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant,may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any Claimant, a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named,within ninety(90)days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b)After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve- ment, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 3rd day of August , 19 83 J. C. TMJSTRTES, TN Q_ (Seal) Principal Witness �•/��'� Title SAFECO I'NSURANCE COMPANY OF AMERICA LC Witness By Glenda A. Fry Attorney-in-Fact POWER OF SAFECO INSURANCE COMPANY OF AMERICA ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 SAMCD 5462 No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint -----------------------JAMES J. LANDWEHR; GLENDA A. FRY; JANET V. SCHILLER, JeffersonCity, Missouri-------------��__�____��_�____�___�___�__ its true and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents 11th March 81 this day of 19 . CERTIFICATE Extract from the By-Laws of SAFECO 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 maybe affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,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 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 (ii) 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." 1, W.D. Hammersla, Secretary of SAFECO 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 this corporation,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 this `-3 —day of �''� 19 S•1300 R4 8/81 PRINTED IN U.S.A, ®� ISSUE lATT IM"IDDIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter-Dent & Co. P. 0. Box 1046 COMPANIES AFFORDING COVERAGE !W 2 Jefferson City, Mo. 65102 LETTER United A United States Fidelity & Guaranty COMPANY INSURED LETTER COMPANY J. C. Industries , Inc. LETTER C P. 0. BOX 1214 COMPANY D Jefferson City, Mo. 65102 LETTER COMPANY LETTER all • 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIMTION LIABILITY LIMITS IN THOUSANDS LT DATE(MMDD11'1') DATE(MMADDIYYI EACH AGGREGATE OCCURRENCE A—X GIc61ERAL LIABILITY IBOOURY $ $ COMPREHENSIVE FORM UNDERGR/6PERATIONSO, 000 SMP )55770737 7-1-84 7-1-85 D�MMAAGE $ $ UNDERGROUND 1 11 EXPLOSION d COLLAPSE HAZARD PRODUCT&COMPLETED OPERATIONS CONTRACTUAL COMB NED $ 500 $ 500 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY MY Ui ANY AUTO (PER PEFSRYI $ ALL OWNED AUTOS(PRIV. PASS.) BAP 047520210 7-1-8 4 7-1-85 aoMY ALL OWNED AUTOS OTHER THAN) I� PRIV. PASS./ PER AODDEq $ HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI a PD COMBINED $ 500 EXCESS LIABILITY UMBRELLA FORM CEP 059499814 7-1-84 7-1-85 COMBINED $5, 000 $ 5, 000 OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION AND 7000369841 7-1-8 4 7-1-85 $ 10 0 (EACH ACCIDENT) (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 1983 Curb & Gutter Phase I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City Of Jefferson PIRATIO�1 DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO y MAIL_._.L�DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Hall LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Jefferson City, Mo 4 . 6 5101 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHOR R PRESENTATIVE