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HomeMy Public PortalAboutORD10484 BILL NO. r` SPONSORED BY COUNCILMAN ORDINANCE NO. Oq AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECU'T'E A CONTRACT WITH COLUMBIA CURB AND GUTTER, INC. FOR CONSTRUCTION OF PAVING AND LIGHTING OF RUNWAY AND TAXIWAY RUNWAY. 12-30 EXTENSIONS. 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 Columbia Curb and Gutter, Inc. for the construction of a 1, 000` asphalt runway with parallel, portland cement concrete taxiway and associated lighting and landscaping at the Jefferson City Memorial Airport for the sum of $558,697 .91. 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 - - g� Approved '- __YJ Pr 1ding Offi r -�-- ATTEST: City Clerk yM Of ff 1h E ;�U7 111111-4-1 7 t .S "in'1`+' Mayor George Martsfiel d September 13, 1985 Columbia Curb & Gutter, Inc. 1000 Tandy Avenue Columbia, MO 65201 To Whom It May Concern: Enclosed please find two ( 2 ) copies of the contract between the City your company was recently approved by the City Council. Please obtain signatures on both copies and, have both attested by your corporate secretary on the signature page(s ) . Please return one executed copy to my office, and retain the other copies for your files . If you have any questions, please let me know. Very truly yours , Phyllis Powell City Clerk enclosures John C Christy Municipal Building 320 L McCarty St. Jefferson City,Missouri 65101 314 634-6300 Direct Dial 634 CONSTRUCTION CONTRACT G� IS CONTRACT, m�:i.de and entered into this day of mac., 19,� , by and between Columbia Curb and 'd_U_tter_,_7 , --hereinafter called "Contractor" , and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City. " WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements : construction of Airport Improvements as set out in the Specifications and Plans AIP Project 3-29-0036- 03, Paving and Lighting R/W-T/W 12-30 1000 ' Extension. NOW, THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. The Contractor agrees with the City to furnish all. supervision, labor, tools , equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 120 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within �10 days after the date of this contract. 2. Prevailinq Eages . All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by the Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 5-014-038 and Decision No. MO84--4044 in which the rate of wages is set forth. The Contractor further agrees that Contractor_ will keep an accurate record showing the names and occupations of all workmen employed by 'Contractor in connection with the work to be performed under the terms of this contract. The record shall show the actual. wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290 .250 RSMo, Contractor shall forfeit to the City Ten Dollars ( $10.00 ) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 1. - 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract : (a) Workmen 's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen's compensation law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800 ,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen 's compensation lava, Chapter 287, RSMo. No policy will. be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts . In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub- paragraphs (a) , (b) and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) a.nd (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance ARL (or contingent public liability and contingent property damage policies ) by a general contractor whose Subcontractor has employees working on the 2 project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for Subcontractors . It is further agreed that Contractor sha11 be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs . Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors . 5. Liquidated Damages. The Director of Public Works may, at his discretion, deduct $1,000 .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 shall not be charged with liquidated damages because of delays in the completion of the work due to unforseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five ( 5 ) days ' prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors , or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take 3 1 • possession of, and utilize in completing the work, such materials , applicances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Guards and Lighi_s . 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 , or arising out of the award of this contract to Contractor. 9. 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 omission of Contractor, its servants , agents, or subcontractors , or arising out of the award of this contract to Contractor. 10. Payment 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 pursuant: to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance- of this contract. 11. Payment . The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule set forth 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 proposal of Contractor dated August 19 , 19 85 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 12. Contract Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda £. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches 4 This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Notices . All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Contractor at 1000 Tandy Avenue, Columbia_, Missouri 65201 . The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TESTIMONY WHEREOF, _ Xhe parties haya hereunto set theiir hands and seals this -g day of- `' 19...,1 . CITY OF JEFFERSON, MISSOURI By MAYOR ATTEST: CITY CLERK COLUMBIA CURB AND GUTTER, INC. NAME AND TITLE Gh.92lc:s F. ��ai, M—Poe -'s. ATTEST: � SECRET +Bi L�y rJ. ,boy cE 5 BondNo.............. .............. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 performance Bond KNOW ALL MEN BY THESE PRESENTS: That..... ft,..1NrfQ..�...................................................................................................... P.O. Box 495, ColiA'nt3.a,"ft.a V} cl ltea or legal title of the Contractor) ... .. ..... ................... .................. .......... ................. ................................, ....................... ........... ............... .......... ....... ...... ........ . as Principal, hereinafter called Contractor, and FIDtLITY AND Dr.POSIT CMIPA.NY OF MARYLAND, a corpora- tion of (the State dof Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereily a8I� �pjf a held and fir firmly bound unto........................................................................................ ....................................................... ..... .. ....................................................., ..................... .......... .......................... ..... . (Here Insert the name and address or legal title of the Owner) as Obligee, herein..1�e...Hu dyed.F.ifty Ei�t Thotznd Six Hundred Ninety--Seven and 91/x.00 inthe amount of.................................................................................�............................................................................ Dollars ($..559 -697--s91...........................), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,successors and assigns,jointly and sever Vy, firmly by these presents. WHEREAS, Contractor has by written agreement dated..._.September 3 85 entered into a contract with Owner for...C1S 'R>j�' ' Q1�I..Qk'...AIRPDT..IMPRJ�IF ,NfiS..AS..SET..1�[I'I'...... IN 'IZ-IE SPECIFICATIONS AND PLANS AI PROJECT.37 9-U036&3 PAVING ArID-LIGHTING• •--.. .. ........o.n*........................ .. . . .... R' W='T1W'�.Z=•50�•1.O�Ot...�xtension. in accordance with drawings and specifications prepared by.................................................................................... ......................................•-•--.........----•--•--•-...........----•-...•-•-•-•----•-••-•-......---.....................-•--••••-•-- •.................................. ....... (Here Insert full name.title and adk:ress) which contract is by.Feference 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. 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 completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make 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 para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments 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..................1'1:01................................day of......5eMeMbex......................A.D. 19 3 In the presence of: -� AND COLLm.BIA CURB AND ..INC. ..........(SEAL) . . .....• .... .................... '.... .. ._. .....Lf. ' .... Title FIDELITY AND P SIT COMPANY OF MARYLAND .......................... ,t .. .. ..................(SEAL)iares iEges Titl Attomey-In--Fact c309(_ Approved blr The Ametlan Institute of Ambite"A.I.A.Document No.A-311 Pebnutry 1910 Edltlou. ti Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOM! OFRai BAtTIMO&E.MO. KNOw ALL MEN BY TitESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Com- pany,which reads as follows: Sire.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ised so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Seem. tary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decreea, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Louis H. Vandiver, Charles W. Digges, Gary Grossnickley Charles W. -Digges, Jr. and Kathryn Digges, all of Columbia, Missouri, EACH... ...... .... .... ...... .. ... ... . .. . ... ... ...�,,.:T�r_ra• its true and lawful agent an ttorne�yMiin-,,act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings........ ........ n the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Louis H. Vandiver, etal, dated, January 8, 1982. The said Assistant Secretary does hereby certify that the aforegoing is a true ropy of Article V',Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANI1 OF MARYLAND, this ..................' Rjag.................................day of....................vTUIY..................... ... A.D. 19.52... FIDELITY AND DEPOSIT COMPANY OF MARYLAND cc ATTEST: :M yB 0�1."��►�. ............A....Y..:r.:. K...:........ ........ By........ ........... Assistant Secretary a-Frtsiden! STATE OF MARYLAND i SS: CITY OF BALTIMORE f On this 22nd day of Jul�yyrr• , A.D. 1982 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,8nly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPA,Y OF MARYLAND,tonic personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the.same,and being by me duly sworn, Luwerally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. O rt —, Vf pOTAl1I • ............................ Notary P lie Com gi xplres...iTlily...1�...19>86 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article V1,Section 2 of the By-Laws of the I'MIILITY AND by COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FitmLlT4 tmni DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RssoLvED: "That the facsimile or mechanically reproduced signature of any Assiutsnt Secretary of the Company, whether made heretofore or hereafter wherever appearing upon a certified copy of any pourer of attorney issued by the Company,shall be vaUd and binding upon the&mpany with the same force and effect as though manually affixed." In Tlitr vouy WasamoF, I have hereunto subscribed my name and affixed the corporate real of the said Company, this 17th .--.day of..._.Sg.Pm j.nhQr............................ t9.A5... L142er:a.-- 079-4550 ...I................. .... +. . . ... A,ttrslaNt ry V0 YOI'R 13ko.11- I I( )X 1.()()1: ISSUE DATE(MM/DD/Y'l) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIG14 T S UPON THE CERTIFICATE HOLDER.THIS CERTIFICAVE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED UY THE POLICIES BELOW. LINS-VANDIVER-DIGGES•, INC. P. 0. Box 7407 COMPANIES AFFORDING COVERAGE Columbia, MO 65205-7407 — COMPANY A LETTER _NORTHEB.N_J��SIJ$l�I�CE Co QE N _ Rif_ COMPANY INSURED — LEITER ® MARYLAND CAc;T1A=__QMFANY COLUMBIA CURB & GUTTER, INC. COMPANY �+ P. 0. Box 495 _ Columbia, MO 65205-0495 COMPANY LETTER COMPANY LETTER 0 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 REOUIREMENT,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 POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM DDIYY) OATS IMIVDDMI EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM GL27361076 7-1-85 7-1-86 INJURY $ $ PREMISESIOPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ KK(zid L C*w6QX PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL BI s PD COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY AOOtY ANY AUTO i 9!110,1) $ 6 7•--1-85 7-1--86 ALL OWNED AUTOS(PRIV.PASS.) erntY OTHER THAN NMY ALL OWNED AUTOS V;PRIV.PASS. (PER AWDENTi $ HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY 4821O&MI'310NED I 8 Pp OMBINED $_ EXCESS UABIUTY B UMBRELLA FORM UB47639643 7--1-85 7-1-86 $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY B AND CS47 551401 7-1-85 7-1-86 $ 100 IEACH ACCIDENT) $ (OI.SF.ASF•POLICY LIMIT) EMPLOYERS'LIABILITY -- ^— $1 QQ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESISPECIAL ITEMS Job: Construction of Airport, Improvements as set out in the Specifications and Plans AIP Project 3-29-0036-03, Paving and Lighting R/W T/W 12-30 1000' Extension. v lty of Jefferson, Missouri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- efferson City, PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Missouri LEFT,GLUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUT— iZ C R- ESENTATIVE i r 1RAA'k. 1'OIV rkRMk FOW AG1KY suaAct to PAM" {TAT AVVK I OA cool 1N1MrfR OknA1. Cold 1/ MAM C R CODE "O e0 YES NO r• a r P )x 11 e 2 4 4 220 PART 1.31his Declarations page and Coveroge Patt(sl, f'AND Ct�NTRACTORS' INSTALIMENTS PAYA811 AS FOLLOWS with "POLICY PROVISIONS—PART A", and endorsements, if any, issued to form a pert 4E•R ARA BIII DAte „ MO. DT YR• MO. DAY YR. MO. DAY thereof, comppletes the below, numbered PANY INDICATED BY gg BELOW COV NERS',AND CONTRACTORS'PI ROTEC. -- YM LIABILITY POLICY. Audit Period:Annuol,unless othorwim stated. C 048058628[] NEW [3 RENEWAL OF Item 1.Namat!Insured and Address (No.,Street,Town of City,County,Slate and PIP Coder CITY OF J�F�SON, 1►�SISOURI -�--" N CITY, y •Y NaSSOURI Item 2,Policy Period: AN AiMEACAN GENERAL COMPANY Freon dL MARYLAND CASUAITY CO. 9--17--5 To `�—_C)(,) �_ Bahimore,Maryland 71703 A Stock Company 12:01 AX,standard time at the address of the nained Insurctd as stated herein. NORTHIRR INSURANCE CO.of N.Y. N•.York,Now York 10038 A Stock Company AGENT: ftIJLLINS-VANDIVER-nIGC "�, �1Vnt • The I�afied fnsfared i 0 00 2 2 ST. 1QUIS �vDUAS 0SAHRnTNFR. POR"' ❑n•NRe antis, City PRODUCtR I BRANCH OFFICE ass"ssof NSURta. Item 3.The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge(s). The limit of the Company's liability against each such Coverage shall be Ds stated herain, subiett to all the forms of the polit having reference thereto. LIMITS OF LIABILITY COVERAGES S EACH OCCURRENCE AGGREGATE ADVANCE PREMIUM BODILY INJURY LIABILITY 9-0-02.QQQ — $ $ 223.00 PROPERTY DAMAGE LIABILITY $100 QQ(l $ $ FORM NUMBERS OF AND PREMIUM FOR ENDORSEMENTS ATTACHED TO POLICY AT ISSUE. �•��� SCHEDULE DESCRIPTION OF HAZARDS TERR. SUB' PREMIUhB BODILY INJURY PP90P.DAIatAC;tiE ADVANCE PRElY11UN9- CODE NUMBER CODE LINE BASES Limit FATE Limit RATE BODILY PROPERTY CODE Code Cotlo INJURY DAMAGE truction Operations — Owner t railroads) - Excluding ; Operations on Board Ships 16292 . AI `$500,000 �¢ .042 : � .023 210 115 $ 5$,697.9 ea •022 .012 13 7 e mod: 'so '' i P q,n B• .ti 1 Y Designation of Contractor and Mailing Address: TOTAL Columbia Curb Gutter, Inc. j PIN�uFA �rADVANeE $345 P.O. Box 4*9�5 `PltEktlUkli s 3636 s 41 FALMIUM .00 Columbia, Dus, 65205 Location of Covered Operations: Construction of Airport Improvements as set out a Check here it the following provision is applicable: in the Specifications and Plans AIP Project 3-29—' me person or undertaken to designated above as the Con- in „,,, tractor has undertaken tD pay the premium for this policy 0036-03, Paving and Lighting R/W-TAW 12-30 10001 and shall be entitled to receive any return premiums, if Extensions any, which may become payable under thu terms of this Pat C f Pimtod Countorsigrvod By (:4idg `' " .,.. ..._.,�.._,...,,—... 3323 ED.0.90 .n AUT RD$IC4NATURE U.S A. FRINIUM BASES—See reverse side for Bescrip4ion of Wan,Used as Premium flow, wmmml A. ?; ADDENDUM NO. 1 Page 1 of 5 Pages August 19, 1985 Revised 8-12-85 PROPOSAL FORM , City of Jefferson, Missouri J. C. Memorial Airport Project No. 3-29-0036-03 TO: r lerk r F Jefferson, Missouri 1 . The undersigned hereby certifies that he has examined the form of contract, plans and specifications for the improvement of the Jefferson City' Memorial Airport, Project No. 3-29-0036-03 and has examined the site of the work and is familiar with local conditions pertaining to the work.. 2. We, the undersigned, in compliance with your Invitation for Bids dated hereby proposes to do the work called for in said contract and specifications and shown on said plans, and to furnish all materials, tools, labor and all appliances and appurtenances necessary.for the said work at the following rates and prices: ITEM NO. DESCRIPTION, APPROX. QUANT. & UNIT PRICE EXTENSION AWL 1 . P-152 Misc. grading, exc.', backfilling and shaping i N 7A-0,13:-4­e1 SP✓e,p �)L.S. Unit price in words S_"/: 7 .9 ( 1 LS. ) 2. P-152 Shaping and compacting subgrade T - f'vr czars• /S.Y. Unit price in- words S 65 / $ 13/2�11 YO ( 20,192 S.Y. ) ** 3. P-209 Subbase -- 6" Crushed Aggregate /et poie4A!S 4,1VIV lT �t'�:a ct...T/S.Y. T1m , Drice in words 3, ��./ S y3 S6 I/, ( 11.s345S.Y. 4, P-401b Bituminous Base Course )-y A,;wd cloel4ms A.'.ciSsal' 5r✓e.+ cs.,rs_/TON Unit price in words b:19. 6 7 �/ " $ ( 2,333 TON ) 5. P-401a Bituminous Surface Course • 7/)I2J1� i4/iN1 GI�J/!qR NI� i C'✓�n r..rs /TON Uni`pricer n' %qor sc�' 3r 6 / $ 96 ( 2,444 TON 6. P-501 P.C.C. Pavement (Taxiway) /au Y. Unit price in words c / S,2/.2 7Sd yu ( 8,510 S.Y. ) ' 7. L-108 Cable Trench-Placement Marker ` ewal'*'11 4-etc✓S(IvP,01 6✓,e e-e-o-s /EA. ►rni pr ce in words --`� _v. 7�' J " $ 26/. OD t 28 EA. ) .4 ' rd qe c u7 5 rdyea ADDENDUM N0, 1 August 19, 1985 8. P-602 Bituminous, .Prime Coat , /GAL, Unit price in words � .,� s�o / $. &-Z sit �c! ( 7,572 GAL. ) 9. P-605 Joint Sealing Filler (T/W) S"'fT /L.F . Unit rice 'in w`worr s � ,t / " $ .5724, ( 9,502 L.F. ) 10. L-110 Duct darker rs $eve.,ry t /EA. Unit rice ards ,has ( 2 EA. 11 . P-620 . Runway & Taxiway Painting, including Displaced Threshold & Removals Ei L7V jC1 V6 A`N iiaW 4%eP1 S /L.S. Unit price in w4r s _ Ss� c�(Zf $ S5'0��. Qv ' ( 1 L.S. ) 12. T-901 Seeding c•e..ts /S.Y. Unit price in wards � 1 / $ /I/6 9. 97 ( 16,333 S.Y. ) 13. T-908 Mulching --r, cis _/S.Y. Um t price in words $�'6 :?j_ ( 16,333 S.Y. ) 14. L-108 Relocation of existing REILS and Thres- hold Lights - Temp. and Permanent i7o,.r s,r.,.,✓ 5"1 ti.,.,u'i, d se ae„re e., aco'/,da'/L.S. Unit price in words 2 6��,u:��/ $ 2 6/ c►o ( 1 L.S. ) 15. L-108 Cable Trenching �e c .,rs —/L F. Unit price in words r 0 $ go 7, 60 ( 4,846 L.F. ? 16. 4-108 Underground Cable-Installed y,l,r /L.F. Unit price in words $ 65- ( 4,846 L.F. ) 17. L-108 Underground Cable in Ducts /L.F. Unit pr�c vror�s , S✓ / $ So acs ( 100 L.F. ) 18. L-108 Bare Counterpoise Wire- Installed in Trench Unit price in word, / $ V6 6. is ( 4,846 L.F. ) 19, L-108 Bare Counterpoise Wire- Installe in Duct /L.F. nit price in words �iV / $ 2 y, 00 ( 100 L.F. ) • i�vk G: AUDLNUUM NO. 1 r ayr s ut u rayaa rs` ' August 19, 1985 20. L-110 Installation of Airport Underground Duct Type - I -- Concrete Encased g , X L,-Ven r,114•cs A.F. Unit price in words $ /,oa v. 02 ( 100 L.F. ) 21 . L-125 Installation Of H. I.R.L. / Base Mounted c/d11,4AS /EA. Unit price in words 2Q / $ �a6d• off_ . ( 10 EA. ) 22. L-125 Taxiway Lights / Stake Mounted in Place �i.•�v fi u�i�I�n.-eW E:4hr„_ 77.erl e1/.�as /EA. Unit price in words r— ,? 2, 0 / " $ 95 a 00 ( 34. EA. .) -- 23. P-401 . Asphalt Cement 6.2 e ' Ain i ,..a �./e lames , � Sr°p -Sa'�d.,�. ~/TON $ Unit price in words 1 it ` ( 315 TONS) ***. 24. P-209 Subbase -- 4" Crushed Aggregate c -e,r 's /S.Y. ,Z 6s"d.30 Unit price in words cy / " ( 8,847 S.Y. ) ADDENDUM N0. 1 Au ust 19 1985 Page 4 of 5 Pages .," 9 3. The undersigned understands that the above quantities of work to be done are approximately only and are intended principally to serve as a guide in evaluating the bids. 4. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to govern on this project, and the undersigned certifies that tie has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 5. The undersigned hereby assures that he will make sufficient reasonable efforts tr meet the MBE goals, and assures that he will meet the MBE partic- ipation percentages stated below: Firms owned and controlled by minorities - 5. 0`; ; Firms owned and controlled by women - 2, 0% ' The undersigned also assures that he will include the MBE clauses required • by the sponsor' s MBE Program in all subcontracts which offer subcontracting opportunities. 6. The undersigned certifies that he does riot maintain or provide for his employees any segregated facilities at any of his establishments, and that he- does not pennit his employees to perform their services at any location, under his control , where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establi.shments and that he will not permit his employees to perform their services at any location, under his control , where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certifi- cation, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment 'areas, transportation, and housing facilities provided for. employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom; or any other reason. The under- signed agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. 7. The undersigned agrees, upon written notice of the acceptance of APA this bid, within sixty (60) days after the opening of the bids, that lie will execute the contract in accordance with the bid as accepted and give contract (Performance and Payment) bond on attached farms within ten ( 10) days after the prescribed fo nns are presented for signature. .t 4' r•ayu 5 OT y FagE!S Ap0EN0uM N0. 1 3 August 19, 1985 f • t 8. The undersigned further agrees that if awarded the contract, F he will commence the work within ten (10) calendar days after the receipt of a notice to proceed and that he will complete the work within (120) working days after the receipt of notice to proceed. No work may be done when the temperature is below 40 degrees, except at the discre- tion of the engineer. An extension of time may beallowed when extra or additional work is ordered by the engineer. A working day is defined as any day on which the major portion of the work may proceed for not . less than six hours during the normal working day (Saturdays and Sundays not included) . 9. To satisfy Clean Air and Water Pollution Control Requirements on all Construction Contracts and Subcontracts exceeding $100,000, Con- tractors and'Subcontractors agree: •��h4 ;ft M 1 . That any_.•faci1ity to be used in the performance of the contract '� • or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating facilities. 4j{r 2. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. : 3. That as a condition for award of a contract he shall notify the awarding official of the receipt of any communication from the EPA ' ` indicating that a facility to be utilized from performance of or 4 ➢ benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or• subcontract which exceeds $10,000 the aforementioned criteria and requirements. ry 1 ti 10. As an evidence of good faith in submitting this proposal , the undersigned enclosed a certified check or bid bond in the amount of 5% $22,13yo which, in case he refuses or fails to accept an award and z��Y to enter into a contract and file the required bonds within the prescribed time, shall be forfeited -to the City of Jefferson, Missouri , as liquidated damages . fir' 11 . The undersigned hereby declares that the only parties inter- `. ested in this proposal are named herein, that this proposal is made without collusion with any other person, firm, or corporation, that no :yid rrie-mber of the Council , officer or agent of the City of Jefferson, Missouri , ° is directly or indirectly financially interested in this bid. Name of Company ,'~_• by O&A 2 Nance and Title � „-r 11"91 Pond No. --... ... ....•. tictelity and osi t Company ROME OFFICE OF MARYLAND BAL27MORE, MD. 21203 , BID BOND KNOW ALL MEN BY THESE PRESENTS: That we COLUMBIA CURB AND ............................................................................. . .................................. ......... ................................................................................................................................................................................................... .. as Principal, (hereinafter called the "Principal"), and ........... ....... ....... .................... the l ivta.t•rY AND Diiwosrr COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland,as Surety, (hereinafter called the "Surety"), are held and firmly bound CITY OF JEFFERSON, MISSOURI unto........................................................................................................................................................................................... ................................................................................................................................................................................................... .........................................................................,.........................................as Obligee, (hereinafter called the "Obligee"), in the sum of.........1%i.Sze....L?ex-cent....k-5%-).... ...8;L4......................... ($.....".-=............ . for the payment of which sure well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for.. ... ..... ..... ... ......................... .................. PAVING AND LIGHTING RUNWAY AND TAX-TWAY 12-30 EXTENSIONS ......................................................,.................................................................................................................................I........... JEFFERSON CITY AIRPORT' .................................................................................................................................................................................................... NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otlierwise to remain in full force anti effect. Signed and sealed this.......................2......................................dday of.........A.0 t............................A.n. 19.1 15.... COLUMBIA CURB AND GUTTEi, IiY�; ) ± ht, t J�/7Y1C11J(1l i Wilness fe... ......Z. .......4.6 A. A�e 77111 FIDELITY AND DEPOSIT COMPANY OF MARYLAND t ' Stlrct y , ................... By..... ..ACV!. ,`/./ ..'.`.,`�:. f•..tj':�.... SIIAL) i ® Witness Charles VJ'. D1. .ed �ltlt , Attorney—in—Fact i ct rslsd—tsoi<t, ' Approved by The Atnedcan tnetitute of Ardhitecm i•i A.I.A. Document Igo,A•310 February Iwo iiditiuti, i a. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME oFna, BALTIMORE,MD. KNOW ALL MFN By *r,,Ls• PRESU NTS-rhat the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-o tion of the State of Maryland, by C. M. PECOT, JR: , Vice-President, and C. W. ROBBINS I Assistant Secretary, in pursuance of authority granted by Article V1, Section 2,of the By-Laws of said Com- pany, which reads as follows: Sue.2.The President,or any Executive Vice-President,or any of the Senior Vice.Presidents or Vice-Presidents specially author. ixed so to do by the Board of Directom or by the Executive Committee,shall have power,by and with the concurrence of the Secre. tary or any one of the Assistant Secretaries, to appoint Resident Vice.Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and awignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of eic Company thereto. does hereby nominate, constitute and appoint Louis H. Vandiver, Charles W. Digger, Gary Grossnickle, Charles Wb •Digges, Jr. and Katluyn Digges, all of Columbia, Missouri, EACH............. ..... . .... .. .. . . .. . .... .._:.,r. ... * ** * its true and lawful agent and Attorney-iW-_9 act, 7o make, execute,;�'al*a'n'S'deliver, for, and on its behalf as surety, and as its act and deed: any and all bondB and undertakings.... ... . ...... .. An the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Louis 11. Vandiver, etal, dated, January 8, 1982. The said Assistant Secretary does hereby certify that the aforeguirig is a true copy of Article V!,`kction 2, of the By-Laws of said Company,and is now in force. IN WITNESS WHEII the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed tile Corporate Seal of the said FIDELITY AND Df3POSIT COMPANY OF MARYLAND, this ..................�2)710..................... .... .... day of............. ................................ A.D. 19 FIDELITY AND DEPOSIT COMPANY OF ARYLAND lost ATTEST: SEAL ............... ...........01... Pr 1� % . ....... 4�........ By ..................... ............. ........... Assistant Secretary ce-President STATE OF MARYLAND Ss: CITY OF BALTIMORE On this 22nd day of July A.D, 1982 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,Utily commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals anti officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,arid being by me duly sworn, severally and each for himself deposeth and saith,that,they are the said officers of the Company aforesaid,and that the seal affixed U 64; to the precedin?instrument is the Corporate Seal of said Company,and that the said CorWrate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority arid direction of the said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. 4\,�s�,�)" a­r­y­ 4 Co m,rn: s*i x p I r es..shu.I y- -1 L1 �� CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COM PANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who eLecuted the said [lower of Attorney was one of the additional Vice-Presidents spe. cially authorized by the Hoard of Directors to appoint any Attorney-in-Fact as provided in Article V1,Section 2 of the By-Laws of the YXI)SLITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND At a meeting duly called arid held on the l6th clay of July, 1969. Rasot.yiiv: "That the facsimile or mechanimally reproduced signature of any Assistant Secretary of the Company, whether rnade heretofore or hereafter, wherever appearing upon a certified copy of any power of attorne ,issued by the Company, shall be valid and binding upon the Company with the&-tine force and effect as though manually atli= I IN Txmmomy WHastsoir, I have hereunto cubocribed my name and affixed the corporate seal of the said Company, this 22nd ..............................day of........Ai=zt......... ............... .................. ..... ..... ... 079-4550 .... testacy f In Conjunction with F'(Nrforfmnce Bond . 6077644 Bond No 077.(?44.. ........• FidefitY ti.d veposit Company MOMS OFFICE OF MARYLAND BALTIMORE, MD. 31203 Labor and Material Paeyment Bond Note: This bond is issued simultaneous! 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........MLU�!IDTA CURB AND CrUI TM,...INC.r................... ....................................... Here In eft th me au�y,�ds(rgrs or legal title of the Contractor) f.0. Box 495f...CgMl.r►b a, �. 1� GGu+J ................. ......................... . .... ..............:...................................................................................... as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland,with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto........................................................................................ CITY OF JEFFERSON NLaSOURI ............................................ ....................................... .........................................t. , ... .... ..... .......... .. (Here insert the name snd address or fecal title of the owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Five Hundred-Firth•-Eight. Thousand Six Hundred..Nney.- Qy.=.. ..9Z(100 .........................................I........... .. ... ._.._ ... .................................................., ............ .. ..... ........ . .............. .................. . (Here insert A stun equal to at least one-half of the contract price) Dollars (5.5511,.697-91_............................), 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....September. .......................................19.$5.., CONSTRUCTION OF AIRPORT IMPROVIIENTS AS SET OUT entered into a contract with Owner for................................................. ......... ......... ......... ......... ....... ............ IN THE SPECIFICIATIU�VS., IYD..PLAWS..ATP...PRO�JMT..3-.-29�C,0?6--03.,...P LDIG..AND..S,IGHTZNG..... R/W T/W 12-30 1000' EXTENSION. in accordance with drawings and specifications prepared by.................................................................................... ..............................................................................._.............._..._...............-----.....----..............-----...............---........................ (Here insert full name.title and address) 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 Principal shall promptly make pay- ment 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 sub-contractor 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. 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. Stich 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 main- tained 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 here- under, inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented tinder acrd against this bond. Signed and sealed this....................2.7th.............................day of.........Sept.ernber.................A.D. 19.85.. In the presence of: COLUMBIA CiJRF3 AND, GUS'7��Rx..xjYC...:..........(SEA0,7 Prir�s� � Title FIDELITY AND D �PpSIT COMPANY OF MARYLAND �. ................. r .. ... Charles W. Digges /Title Attorney—In—Fact C3tlltesf-- ADOreved by The Anmima ituuitute of Archittcb,A.I.A.Document No.A-311 Pebruary 1970 Edition. Power of Attorney '• 4 FIDELITY AND DEPOSIT COMPANY OF MARYLAND HC3,AE 07Rr£1 NA 11MORti.MD. KNow ALL MEN BY THESE PRESLINTs:That the FIDELITY AND DFPOSIT COMPANY or, MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOTI JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the fay-Taws of said Cont- pany,.which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ised so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents,Assistant Vier-Prresidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,ppaalrcier,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto, does hereby nominate, constitute and appoint Louis. H. Vandiver, Charles W. Digges, Gary Grossnickle, Charles W. Digges, Jr. and Kathrn,nl Digges, all of Columbia, Missouri, EACH**... ......... ... . ..0... ...... - - ---- - - Its true and lawful agent an ttorne�y-in- acct, to�make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings...... ........ .. AM he execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revolves that issued on behalf of Louis H. Vandiver, etal, dated, January 8, 1982. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article V!,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate:Seal of the said f'IDELITY AND DEPOSIT COMPANY OF MARYLAND, this ..................�21?d.......................... .day of...................JU1y................................ A.D. 19.82... FIDELITY AND DEP'OSPI' COMPANY OF MARYLAND oe 'A ATTEST: SEAL �'A..1.. .............✓..5�..:............................................ ......._..... By...................... fir.._.................. Assistant Secretary u-President STATE OF MARYLAND 1 SS: CITY OF BALTIMORE f On this 22nd day of ,jutyy , A.D. 1982 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,8uly commissioned and qualified,came the above-named Vice-President and Assistant Secretaryy of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,tome personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. ............................ Notary P tic C m s 'xpires..July...1,..19B6 �•u`�' CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and corrert cnpy,is.in full form and effect on the date of this certificate;and I do further certify that the Vice-President who executed the uaid 'Power of Attorney was one of the additional Vice-Presidents spe- CMY ND authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article Vf,Section 2 of the By-Laws of the FIDELITY A by COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the�ompany with the same force and effect as though manually affixed. IN TzramoNY WHEReoF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this .._. ..... ._.. 27th .....day of............Sep!&ZtPr_......._........... �. ..... .. ....... Lee:seer.-- 079-4550 �° Assislarst story U0R Y(A ' R Pim,I.1 Ili }N I .i )( aI; 1 c ;1 Z 11 i i'; l ��I) ;t ;1'III"R)I.11 Iti