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HomeMy Public PortalAboutORD10159 BILL NO. v SPONSORED BY COUNCILMAN L� 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH STERLING EXCAVATION AND ERECTION, INC. , FOR THE P.S. #358 LN. "A" EXTENSION PROJECT. 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 Sterling Excavation and Erection, Inc. , for the P.S. #358 LN. "A" Extension Project for the sum of $60, 515. 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 the date of its passage and approval. Passed Approved 2 _ Pr siding Officer Adyor i ATTEST: City Clerk e CONTRACT FOR PUBLIC WORK This Contract is made and entered into this 20 day of 198*, by and between the City ,of Jefferson, Missouri (City) , and STERLING EXCAVATION AND ERECTION. INC. (Contractor) . WHEREAS , the City Council of the City of Jefferson, Missouri , , did on the day of , 198_, award to the Contractor the bid of the improvement of P . S . X1358 Ln . "A" Extension. Sanitary Sewer NOW, THEREFORE, 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. Monies from the treasury of the City, upon acceptance of said work by the City Council of the City . The approximate quantities , unit prices and total amounts 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 perfor- mance of this contract of such work in accordance with the plans and specifications therefor , 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 reconstruc- tion 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) working days thereafter . The City reserves the right at any time to suspend , relet or order an entire reconstruction of the work awarded and to declare the contract forfeited, but, such suspension, reletting 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 noncompliance with this Contrac.t . Liquidated damages of One Hundred Dollars ( $100) 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 hourly 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 Determination No. 4-026-056 , 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 actual wages paid to said workmen in connection with the work to be performed 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 e Wage Law, as- 'amended in Sections 290. 210 to 290. 340 inclusive ,''' ` RSMo 1969, effect•ive ' 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) for each workman employed , for each calendar day , or portion thereof , such workman is paid less 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 damaged 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. Workman '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 Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ( $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 , RSMo, and Contractor ' s Property Damage Insurance in an amount not less than Eight Hundred Thousand Dollars ($800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ($100, 000) for any one person in a single accident or occurrence . C . Automobile Liability Insurance in an amount not less than Eight Hundred Thousand Dollars ($800, 000) for all claims arising out of a single occurrence and One Hundred Thousand I • 4 Dollars ($100, 000) for any one person in a single accident or occurrence . d. City Listed as Additional Insured: The City shall be listed as an "Additional Insured" on the ,Contractorrs public liability insurance and automobile' liability insurance policies . e. The Certifications of Insurance furnished to the City showing proof of compliance with these insurance require- ments shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least ten (10) days prior written notice has been given to the City. IN WITNESS WHEREOF , the parties have hereunto set their hands and seals this JAVV7 day of �' ul , 198 . CITY OF JEFFERSON, MISSOURI By : < Mayor Attest: City Clerk STERLING EXCAVATION & ERECTION, INC. By:�l Contractor Att s i • PROPOSAL FORM CITY OF JE; N, MISSOURI Name of Bidder STERLING EXCAVATION & ERECTION, INC. Address of Bidder 511 Gateway Drive, Jefferson City, Missouri 65101 To The , City of Jefferson, Missouri 320 East rde Xty Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the Plans, Specifications, Regulations of the Contract, Special Conditions and other proposed Contract Documents, and all addenda thereto; and being aquainted with and fully understanding (a) the extent and character of the work covered by this Proposal; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses and structures and other installation, both surface and underground which may affect or be affected by the proposed wurk; (d) the nature and extent of the excavations q to be made, and the type, character and general condition of materials to be J excavated; (e) the necessary handling and rehandling of excavated materials; (f) the location and extent of necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work, HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated in, required by, and in accordance with, the proposed Contract Documents and the drawings, Specifications, and other docu- ments referred to therein (as altered, amended, or modified by addenda), in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the Specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the Specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: TIMSE OF ODMPLETION: ® The undersigned hereby agrees to complete the project within 60 (sixty) days subject to the stipulations of the Regu at ons of the Contract and the Special Conditions. It is understood and agreed that if this proposal is accepted, the prices i quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested in the Proposal as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this Proposal or in the Contract to be entered into; and this Proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the Snecifica.tions within the time provided. j If written notice of the acceptance of this bid is mailed, telegraphed or i delivered to the undersigned within thirty (30) days after the date of ' opening of bids, or any time thereafter before this bid is withdrawn the undersigned will, within ten (10) days after the date of such mailing, telegraphing or delivering of such notice, execute and deliver a Contract AMhL in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: 511 Gateway Drive, Jefferson City, Missouri 65101 It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of 5% of Total Bid Dollars, made payable to the City of Jefferson i t a i ITEMIZED PROPOSAL P .S . 358 Ln . "A" Extension (Sanitary Sewer Line ) INDIAN HILLS (Estimation) I Amount Item Classification Unit Quantity Price No 1 .,0 8" Sanitary Sewer Pipe L. F . 2 , 060 ' 4.50 9,270.00 ( in place) 2 .0 Ditching and Backfilling L.F . 1 , 412 ' 2.50 3,530.00 0-6 ' 3.0 Ditching and Backfilling L.F. 555 ' 3.50 1 ,942.50 ' -8 ' 4 .0 Ditching and Backfilling L.F . 93 ' 4.00 372.00 1 _ 5.0 Standard M.H. (0-61 ) Ea . 14 650.00 9,100.00 6.0 Extra depth M.H. (over 6 ' ) V.F . 0. 28 75.00 21 .00 . 0 Standard outside drop (0-21 ) Ea . 1 125.00 125.00 8.. 0 Concrete encasement L.F . 70 10.00 700.00 9 .0 Rock excavation (standard) C.Y. 75 65.00 4,875.00 10.0 Rock excavation (mechnical) C .Y . 25 85.00 2,125.00 11 . 0 Seeding and Mulching L.F . 2 , 060 ' .60 1 ,236.00 12. 0 Concrete anchors Ea . 4 200.00 800.00 13. 0 Connection to existing M.H. Ea . 1 50.00 50.00 TOTAL 34,146.50 i ITEMIZED PROPOSAL 4" MOREAU RIVER - TANNER BRIDGE ROAD SANITARY LINE EXTENSION (Estimation) 'ITEM APPROX. UNIT N0. CLASSIFICATION UNIT QUANTITS PRICE AMOUNT 1 . 0 8' Sanitary Sewer Pipe L.F. 1280 ' ', 4.50 5,760.00 ( in place ) �,. 2 .0 Ditching and Backfilling L.F . •1195 ' 3.00 3,585.00. ( 0-6 ' ) 2 . 1 Ditching and Backfilling L.F . `85 ' 3.90 331.50 ( 6 '-8 ' ) 3 . 0 Standard N.H. (0-61 ) Ea. 7 650.00 4,550.00 •a 4 . 0 Standard L.H. Ea. 2 75.00 150.00 5 .0 Connection to Existing M.H. L.S . 1 50.00 50.00 6 . 0 Rock Excavation (Standard) C .Y . 80 45.00 3,600.00 (estimated) 6 . 1 Rock Excavation (Mechanical ) C.Y . 20 85.00 1,700.00 (estimated ) 7 . 0 Seeding and Mulching L.F . 1280 ' .60 768.00 8. 0 Concrete Anchors Ea. 2 100.00 200.00 TOTAL 20,694.50 ITEMIZED PROPOSAL .J CAROL STREET ( P . S . 77 Extension ) ITEM APPROX . UNIT NO. CLASSIFICATION UNIT AMOUNT QUANTITY PRICE 1 . 0 8" Sanitary Sewer Pipe L.F . 200 . 00 13.00 2,600.00 (in place ) 2 . 0 Ditching and backfilling L .F . 176 . 0 1.50 264.00 (0-6 ' ) 2.1 Ditching and Backfilling L.F . 14 . 0 5.00 70.00 ( 6 '-8 ' ) 2 . 2 Ditching an Backfilling L.F . 10 . 0 14.00 140.00 (8 ' -10 ' ) 3 .0 Standard M.H. (0-61 ) Ea . 1 650.00 650.00 4 . 0 Standard O . S . Drop ( 21 ) Ea . 1 125.00 125.00 4 . 1 Additional Depth O . S . Drop V .F . 1 60.00 60.00 (over 2 ' ) 5 .0 Connection to Existing M.H. Ea. 1 50.00 50.00 6 .0 Standard L.H. Ea . 1 75.00 75.00 7 . 0 Street Crossing ( 7 " asphalt L . S . 1 600.00 600.00 chat backfill-full depth) 8 .0 Rock Excavation (estimated ) C .Y . 10 45.00 450.00 9 .0 Seeding 'and Mulching L. F . 30 3.00 90.00 10 . 0 Landscaping L . S . 500.00 500.00 TOTAL 5,674.00 • ' %f• Signature of Bidder: If an Individual: , doing business as If a partnership: by member of firm If a Corporation: STERLING EXCAVATION & ERECTION, INC. by 1_: < a Title Bob Clevenger, President SEAL Business Address of Bidder 511 Gateway Drive Jefferson City, Missouri 65101 If bidder is a corporation, supply the following information: ti i State in which incorporated Missouri Name and business address of its: President Bob Clevenger, 511 Gateway Drive, Jefferson City, Missouri 65101 I �I Secretary Susan Clevenger, 511 Gateway Drive, Jefferson City, Missouri 65101 Date February 9, 1984 fI I I i i r +• ~ 1 M 1 1 / 1 / 1 1 1 I F I •• / I 1Ag•..E rA go W 1' '.:.Mt AND ADORLSS OF AGLNCY R. B. Jones, Corporation COMPANIES AFFORDING COVERAGES O. Box 13647 a ericari �vyers Ins, • .sas City, Missouri 64199 L�TTERNY A COMPANY •. $ 1 e n8 • LETTER Loo 'TAME AND ADDRESS OF INSURED •tual COMPANY ' Sterling Excavation & Erection, Inc. LETTER 511 Gateway COMPANY Jefferson City, Missouri 65101 LETTER 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. NotNlthstanding 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 OMPAN; POLICY Limits of Liability in Thousands :r'TEP TYPEOF INSURANCE POLICYNUMBLR EXPIRATION [)ATE IALH AGGRFGAir GENERAL LIABILITY A AM 662557 10/1/84 FoDILY LNJLIRY $ $ COMPREHENSIVE FORM 100 100 rqr.•I S rS_Orr R r.T IDNc rF?nrrnT, [�:;•r.:;T f {Jv PLOSION AND COL APSE }�T IIA7r.RD R[ Eli U'I GL Rv Ri1UND HAZA . _---- .�-- -- K_1 PRODUCTS•COMPLEIEI, i OPERATION', HA7AR;: ROD4 Y IN.AIPI AND f� 1nN'RACTI,t,; INSURANCE PR::Pf PTr()AM1-GI f t y�I i• �t.; i�Fl.' rROFEr . CO'•'[-•'•[:' �[ t.bLPENUENT CONTRACTORS DVV AUTOMOBILE LIABILITY l p{1 [ I AKW 662557 10/1/84 f A• H FF RS d., _ tEACa+A(CIE'P;T I ` rL'� .,,n.U,.r.tt: t. tll, h:iuR� ':U- 500 •'"�:. ., it EXCESS LIABILITY C 1 LN 16005 10/l/84 E"`' A''' 43,000 3,000 PROPi F:i+ CAAt:.uF ❑ OTTIFI,IIUr+L:e"ELL:, dr WORKERS'COMPENSATION ,,,• ;,P, fs, 2^r^qtr'^ $ and FK0008549 10/1/84 — EMPLOY ERS'LIABILITY ,,. t— •.r ~yam_ OTHER I ; I I iF+:IG.'. :N C,Fi;.:•LLr.: IOCA71ci':`.'•[HICLES Covering: All Operations and Improvement of P.S. #358 Ln. "A" Extension, Sanitary Sewer It is agreed and understood that the City of Jefferson , Missouri is added as an additional -----i-Iuur-e-d--as--eame r-as-re spa-c-tt"ei-r--a-ntere-st-•a-I;--the--above s cr-ibed-pr-©3ect,-- f- Cancellation: Should any of the above described policies be cancelled before the explr anon date thereof, the issulnP con', pany Y{Ill XlKi)I XKXX mail _]a_ days written notice to the belov, narr:ed certificate holder, IXXXXXXXXXX JIXx�Xk XXk R�(��lk R'rPRR4C Rot R9(h�P>Z�F7�)Pi(�iR��^105(�(`X'X'X:hX'Xk9CtX�C'i(�X X Sf R)Pr�'R X X R.- B.- 14, 1984 City of Jefferson, Missouri R• B. J --- -- b es-Corporation - City Hall ! Jefferson City, MO 65101 Band No. 58176 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that STERLING EXCAVATION & ERECTION, INC. (Here insert full name and address or legal title of Contractor) 511 Gateway Drive ® Jefferson City, Missouri 65101 as Principal, hereinafter called Contractor, and, UNION INDE WTY JMURANC,E COMPANY OF NEW YORK (Here insert lull name and address or legal title of Surely) 4236 Lindell Boulevard St. Louis, Missouri 63108 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF JEFFERSON CITY, MISSOURI (Here insert lull name and address or legal title of Owner) 320 East McCarty Jefferson City, Missouri 65101 as Obligee, hereinafter called Owner, in the amount of SIXTY THOUSAND FIVE HUNDRED FIFTEEN AND ------------------------------ Dollars ($ 60,515.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Sterling Excavation & Erection, Inc. Contractor has by written agreement dated 19 , entered into a contract with Owner for ( .re I o."1�{1 {Q e,a dress+"d l""i tion of pro�ectl $ iS, ,n. A extension Sanitary Sewer in accordance with Drawings and Specifications prepared by (Here rnserl!ull 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 A311 • KRIOR•MANCE BOND AND LABOR AND MATFRIAL PAYMENT BOND • AIA m IEBRUARY 19"0 ED.s THE AWRICAN INSTITUTE Of ARCHITECTS,1"15 N.Y.A\'E.,N.W.,WASHINGTON, D. C. 20006 1 PERFORMANCE BOND 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 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 for which the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the Surety ' may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term balance 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 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with Its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. 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. Signed and sealed this day of 19 STERLING EXCAVATION & ERECTION, INC. irrinolmh 6cah � f jitn(Ia) (Title) UNION INDENII`1ITY INSURANCE 0121PANY OF NEW YOM //✓ ISurtl)) ISca11 (Witnes.) By 1 l idol Roger FiZter, Attorney—in—fact AIA DOCUMENT Ault • PERroRMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA QD rEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 Z THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 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 KNOW ALL MEN BY THESE PRESENTS: that ® STERLING EXCAVATION & ERECTION, INC. (Here insert full name and address or legal title of Contractor) 511 Gateway Drive Jefferson City, Missouri 65101 as Principal, hereinafter called Principal, and, UNION INDEVITY INSURANCE COMPANY OF NEW YORK (Here Insert full name and address or legal title of Surety) 4236 Lindell Boulevard St. Louis, Missouri 63108 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF JEFFERSON CITY, MISSOURI (Here insert full name and address or legal title of Owner) 320 East McCarty Jefferson City, Missouri 65101 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of SIXTY THOUSAND FIVE HUNDRED FIFTEEN AND N01100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($60,515.00 ), 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 19 , entered into a contract with Owner for (Here Insert full name,address and description of project) P. S. #358, In. "A" Extension Sanitary Sewer 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 A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND @ AIA IS FEBRUARY 1970 ED.9 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 KY,AVE„N.W„WASHINGTON,D. C.20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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 liable for the payment of any costs or expenses 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 any claimant: district in which the Project, or any part thereof, is sit- 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 day of 19 /^ STERLING EXCAVATION & EREC,'I'ION, INC. (Principal) Iseali (Witness) ' By T (Titre) fsCall (Wilnotis) By ( itle) Roger ter, Attorney-in-fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W„WASHINGTON,D.C.211006 - Union Indemnity Insurance All authority hereby conferred, unless revoked earlier, Company of New York shall expire and terminate, without rince, l low used Executive Offices before midnight of April 0 260 Madison Avenue POWER f ATTORNEY New York, N.Y. 10016 SO — 012 KNOW ALL MEN BY THESE PRESENTS: That Union Indemnity Insurance Company of New York ' i does hereby appoint: W. G. Dumper, Dale Gebauer, Roger Feaster, Sue Camarillo . B.H. Sweney, J. R. Thompson and Jay R. Warner of Kansas City,Missouri its true and lawful Attorneys)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds,undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed Five Hundred Thousand and 00/100 Dollars $500,000) any single instrument. IN WITNESS WHEREOF, Union indemnity Insurance Company of New York have executed these presents +♦vesrr!ro this 31st day of March 198x„ a SEAL g till • `l+Vol,* Richard le Vice Presi3ent °.•n * STATE OF NEW YORK I ss.: eta Sc COUNTY OF NEW YORK 1 �c`� hGi, On this 31St day of March tg 8Afore me came NOTARY `� the above named officer of Union Indemnity Insurance Company of • LUCILLE SCHULTZ New York,to me personally known to be the individual and officer ,M Pueltc Notary Public, Stale of New York described herein,and acknowledged that he executed the foregoing ���loretw♦oek Qualified n 9ronxfC0ur1 instrument and affixed the seals of said corporations thereto by Du t1/ authority of his office. Term Expires March �0, 19$ CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal'of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; and RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorneydn•Fact. I, Thomas G. O'Brien III, Secretary of Union Indemnity Insurance Company of New York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of Attomey issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation `*♦♦s►rrlro this day of 19 , Ir 4 SEAL lilt Thomas G. O'Brien 111, Secretary