HomeMy Public PortalAboutORD10798 BILL NO. 56-1_94
SPONSORED BY COUNCILMAN HORGMEYER
ORDINANCE NO. / r' 7 5 S
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BAUMGARTNER
GENERAL CONTRACTORS FOR THE RETAINING WALL AT DELONG ' S,
INCORPORATED.
BE IT ENACTED BY THE 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 Baumgartner General
Contractors for the Retaining Wall at Delong's, Incorporated, for
the sum of $220,376.50.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
r Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed 6 , 1grr? Approved
1Pr iding Offi er Mayor
ATTEST:
City Clerk
• CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this /E r ._ day of
�i )Acz-..c k,. , �� �_.� by and betVM�c�n _ Baumgartner General
S.nntra n PC ,_„_, hereinafter � called
"Contractor", arx3e City o • Jefferson, Missouri, a municipal
corporation, hereinafter called "City."
WITNESSETH: That Whereas, the Contractor has becre the
lowest responsible bidder for furnishing the supervision, labor,
tools, equipment, materials- and supplies and for constructing the
following City improvements: Retointng wnli nt naiariglG, Lnr-
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 Sixty (60) _ (nAxN1d= working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within Thirty (30)
days after the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
of the aforementioned improvements shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of a -
similar character in this locality, as established by the
Department of Labor and Industrial Relations of the State of
Missouri, and-as -established by the Federal. khployment Standards _
of tN;; 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.
7-026-032 and Decision No. M087-1 ,in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record showing the
names and occupations of all workmen employed in connec
(Aon with . the work to be perforwA under the terms of this
contract. The record shall show the actual wages paid to the
workmen in connection with the work to be perfozmed 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 RSSMo, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day
or portion thereof that the workman is paid less than the
stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contractor shall procure and maintaici at its
a+m expense during the life of this contracts
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MEN=,
• (a) Workmen's Gor► x:nsationInsurance for all of its
employees to be engaged in work under this contract.
(b) Contractor's Public Li!. ility Insurances: 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 ariy one person
in a single accident or occurrence. . _- -
td.) Aiitdnbbile 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 law; Chapter 287,
t' 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) and (c) hereof shall
provide adequate protection for the Contractor and its
subcontractors, respectively, against damage claims
which may arise from operations under this contract,
whether such operations be by the insured or by anyone
directly or indirectly employed by it, and also against
any special hazards which may be encountered in the
performance of this contract.
NOTE: Paragraph (f) is construed to require the
procurement of Contractor's protective insurance
(or contingent public liability and contingent
-property damage policies) by a general contractor
whose subcontractor has employees working on the
project, unless the general public liability and
property damage policy (or rider attached thereto)
• , - J t . ..ppj t�1+ •y+i t� 'j R !f f�1 4 1 + f tS}t4r�.
.. :•`�I.. i:' .+�f + ... _. ,. }» ..�i'.ti'..i �ai.•.N?. !\�1 rfS� , X:�f , ?{•.r}.. tu + h r•.`I'f 4',4
MOM
of the general contractor provides adequate
protection against claims arising from operations
by anyone directly or indirectly employed by the
Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions -to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein 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 uuy 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 X$100 per day 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
Alk the work by such tine, as long as the City does not terminate the
right of Contractor to proceed. It is further provided that da
Contractor shall not be charged with liquidated mages 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 adjudge 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 sane 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 ease the City may take
possession of, and utilize in carpleting the work, such
materials, applicances and structures as may be on the 'work site
1.ylj "t}j Yi
.. . .• .. �r. .'." ..7,iir.:�C.,.�SY. �d�"'�.i+tH y.+aF�.4•w•f ter_. .: i.`.. 7F\
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 Lander any other provisions of the contract,
city ordinances, and state and federal laws.
8. Guards and Lights. 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 do . ..and . for. all the
materials used in the construction of tk :,ark to be ' completed
_ pursuant to this contract. Contractor shall turnish 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 dove 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 bid . of Contractor
dated February 23 . 19 87 , 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 followings
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
e. Notice to Contractors g, Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
® This contract and the other documents enLrmerated 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.
' . ; S •. . .. .. �tir•� V,Sr'Y` tr�^.F'� S Plf �� i+ 11'�. i� ��},
. 13. Nondiscrimination. The Contractor agrees in the
performanoe 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 a13. 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
P.O. Box 4743, Springfield, MO 65808 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 Va EREOF, the parties have hereunto set
their hands and seals this day of `-Z�1 �c-��
d
19�
CITY OF JEFFERSON, MISSOURI
MAYOR
ATTEST:
• r ,
CITY CLERK
CONTRACTOR
By W)e-
Ti e: GarY W. Bahr, Pfesident
A'1TEST:
SDCWfARY
Wayne E. Lingo s
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,(90985)3-70 Printed In U.S.A. and Its associated companies
a The AEVA Cemaltr alp! Surely C poiy
° Thm DECLARATIONS and Ow Hartford,Connecticut 06156
deftnotod InsturanGo Part and
(LIFE&CASUALTY TMorsemo Ms, with tho Jacket.
provisions, mnptate this
OWNERS' AND CONTRACTORS' PROTECTIVE POLICY NUMBER
LIABILITY POLICY For 30 P C 112 7 81 CCA
1. NAMED NSUREDO" Jahn G.ChristyoMunricipalrBuilding 2. POLICY PERIOD SHort Term
320 Bast McCarty Street From 3-19-87 to 8-1-87 12:01 A.M.
Y Standard Time at the address of the named insured as
Jefferson City, Missouri 65101 stated herein.
AUDIT PERIOD
(Show Number and Street or RFD,city,County,State and Zip Code) Annual,unless otherwise stated:
THE NAMED INSURED IS [3 Individual E]Partnership ❑Corporation BUSINESS OF NAMED INSURED
❑ Joint Venture ®Other:Governmental Subdivision State Government
3. The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium
charge or charges. The limit of the Company's liability against each such Coverage shall be as stated herein, sub-
ject to all the terms of this policy having reference thereto.
PART COVERAGES LIMITS OF LIABILITY PREMIUM BASES RATES ADVANCE
Each Occurrence Aggregate (1)Total Cost (1) Per$100 of Cost PREMIUM
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR (2)Area (2) Per 100 sq.feet
®Cp Bodily Injury Liability $See ,000 1) 220, 377 (1 ). 092 3 203
Property Damage Liability $Endt. 000 $GL991N()O (1) (1) 3
(2) 1(2)
ENDORSEMENTS MADE PART OF THE POLICY (designated by Endorsement number) $
GL 9917
Description of Hazards Class P I. Year Policy Total Advance Premium P, $ 203
Construction Operations - 16292 Y Deposit Premium is $
owner (not railroads) - M
N 3 Year Prepaid Total Advance Premium 0. $
excluding Operations on r -----
Adhh Board Ships 3 Year Policy Installments
M
T Total Advance Premium to $
U1st Anniversary ® $
2nd Anniversary is $
4. _
DESIGNATION OF CONTRACTOR(AND CONTRACTOR'S MAILING ADDRESS)
Baumgartner General Contractors Inc.
3648 W. Nichols, Slaringfield, M6 65804
LOCATION OF COVERED OPERATIONS
Retaining Wall at OeLong' s, Incorporated
ENTER p IF THE FOLLOWING PROVISION IS APPLICABLE:
®The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall
be entitled to receive any return premiums which may become payable under the terms of this policy.
5. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, un-
less otherwise stated herein:
DESCRIPTION OF TERMS USED AS PREMIUM BASES:
When used as a premium basis:
"Cost"means the total cost to the named insured for work performed for the named insured during the policy period by or on behalf of the
designated contractor in connection with the project at each location of covered operations, including the cost of all labor, materials and
equipment furnished, used or delivered for use in the execution of such work, whether finished by the owner, named insured, designated
contractor or a subcontractor, and including all fees, allowances, bonuses or commissions made,paid or due.
Countersigned by
(CC•5019)1.77 CAT.474851 Printed in U.S.A.
G699 17
(Ed, 03 81)
h
This ondorsement forms apart 11 11, policy to which attached,offective an the Inception date of the policy unless otherwise stated herein.
(The following Information Is required only when this enAarsernant Is Issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
AMENDMENT—LIMITS OF LIABILITY
(Single Limit)
(Individual Coverage Aggregate Limit)
SCHEDULE
Coverage Limits of Liability
Bodily Injury Liability and Property Damage Liability $1000 ,000 each occurrence
$1000 ,000 aggregate
It is agreed that the provisions of the policy captioned "LIMITS OF included In subparagraph (2) below;
LIABILITY"relating to Bodily Injury Liability and Property Damage Lia-
bility are amended to read as follows: (2) all property damage arising out of and occurring in the course
of operations performed for<':-named insured by independ-
LIMITS OF LIABILITY ent contractors and genera!s.:;: rvision thereof by the named
Regardless of the number of(1)Insureds under this policy,(2)persons insured,including any such p►uperty damage for which liabili-
or organizations who sustain bodily Injury or pr�erty damage,or (3) ty is assumed under any incidental contract relating to such
claims made or suits brought on account of tiododily injury or property operations,but this subparagraph(2)does not include prop.
damage,the company's liability is limited as follows: erty damage arising out of maintenance or repairs at premises
owned by or rented to the named insured or structural altera-
Bodily Injury Liability and Property Damage Liability, tions at such premises which do not involve changing the size
(a) The limit of liability stated in the Schedule of this endorsement of or moving buildings or other structures;
as applicable to "each occurrence" is the total lirnit of the com- (3) if Products—Completed Operations insurance is afforded,all
pany's liability for all dame as including damages for care and loss bodily injury and roperty damage included within the comp-
of services because of bodily injury and property damage sustained leted operations Lazard and all bodily Injury and property
by one or more persons or organizations as a result of any one damage included within the products hazard;
occurrence,provided that with respect to any occurrence for which
notice of this olicy is given in lieu of security or when this pofic (4) if Contractual Liability Insurance Is afforded, all property
Is certified as proof of financial responsibility under the provisions damage for which liability is assumed under any contract to
of the Motor Vehicle Financial Responsibility Law of any state or which the Contractual Liability Insurance applies.
province such limit of liability shall be applied to provide the sepa•
rate limits required by such law for Bodily Injury Liability and Such aggregate limit shall apply separately:
Property Damage Liability to the extent of the coverage required
by such law,but the separate application of such limit shall not (i) to the property damage described in subparagraphs(1)
increase the total limit of the company's liability. and (2) and separately with respect to each project
b Subject to the above provision respecting"each occurrence",the away from premises owned by or rented to the named
( ) j P Insured;
total liability of the company for all damages because of all bodily
injury and property damage which occurs during each annual (ii) to the sum of the damages for all bodily injury and
period while this policy is in force commencing from its effective property damages described in subparagraph (3); and
date and which is described in any of the numbered subparagraphs
below shall not exceed the limit of liability stated in the Schedule (nil) to the property damage described in subparagraph (4)
of this endorsement as"aggregate": and separately with respect to each project away from
(1) all property damage arising out of premises or operations premises owned by or rented to the named insured,
rated on a remuneration basis or Contractor's equipment rat- (c) For the purpose of determining the limit of the company's liability,
ed on a receipts basis,Including property damage for which all bodl�yr injury and property damage arising out of continuous or
liability Is assumed under any incidental contract relating to repeated exposure to substantially the same general condition shall
such promises or operations,but excluding property damage be considered as arising out of one occurrence.
GL 99 17 03 81
• Binder No.
A • RSD 86090
• s w • a • a • • •
NAME AND ADDRESS OF AGENCY COMPANY
011is and Company Aetna Casual & S.urety Company
2274 East Sunshine Effective 12:01 an 3-19 .1987
Springfield, MO. 65804 Expires _❑ 12:01 am ❑ Noon until .Vol ic issu
❑This binder is issued to extend coverage In the above named
company per expiring policy q
_ (d■cevl as noted below)
NAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/Property
City of Jefferson, Missouri
John G. Christy Municipal Building
320 East McCarty Street
Jefferson City, Missouri 65101
Type and Location of Property Coverage/Perils/Forms Amt of Insurance Dad. coins.
P
R
O
P
E
R
7
Y
Type of Insurance Coverage/Forms _ Limits of Liability
__ Each Occurrence Aggregate
L S ~�T
❑ cheduled Form ❑ Comprehensive Form Bodily Injury $
❑ Premises/Operations
❑ Products/Completed Operations Property Damage $ $
L I ❑ Contractual Bodily Injury &
Y �] Other (specify below) Owner's & Contractor's rotective Property Damage $1,000,000 $1,000,000
❑ Med.Pay. $ Per $ Per -;ability Combined
P fr ,
El Personal Accident El Personal Injury A ❑ B C Personal Injury $
r _ Limits of Liability
A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury(Each Person) $
UT .❑ Cornprohensive-Deductible $ Bodily Injury(Each Accident) $
0 ❑ Collislon•Deductible $
0 ❑ Medical Payments $ Property Damage $
of ❑ Uninsured Motorist $
L ❑ No Fault (specify): Bodily Injury 8 Property Damage
E
❑ Other(specify): Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONS/OTHER COVERAGES
Project: Retaining Wall at Delong's Incorporated.
ARM
NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE i� AOD'L INSURED
LOAN NUMBFn
3-19-87
Sit7nature of Authorized Reprosentative pate
ACORD 75(11177•cl~ !�^~
cr.ord, MM/DDIYY)
y 3-23-87
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS
011 i s and Company NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND,
2274 East Sunshine EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Springfield, Missouri 65804 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER Aetna Casualty Surety Company
COMPANY
INSURED - - _ LETTER
Baumgartner, General Contractors, Inc. COMPANY r"
C
P.O. Box 4743 LETTER
Springfield, Missouri 65808 COMPANY D
LETTER
COMPANY
LETTER
• t
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF A!JY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
DE 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 Eu IPAT;ON LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(a+MDCWY) DATE(MMlDM YI EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY BODILY
X COMPREHENSIVE FORM 3000080361 3-08-.36 8-08-87 INJURY $ $
PREMISESIOPERATIONS PROPERTY
EXPLOSION&COLLAPSE HAZARD DAMAGE $ $
X PRODUCTSICOMPLETED OPERATIONS
X CONTRACTUAL COMBINED $ 500, $1,000,
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $1,000,
AUTOMOBILE LIABILITY DODLY
ANY AUTO 30FJ18962CCA 8-08--86 8-08-87 '��PSONj $
ALL OWNED AUTOS(PRIV. PASS.) DOaLY
OTHER THAN IP
EP �
ALL OWNED AUTOS PRIV.PASS (P � $
HIRED AUTOS PROPERTY
X NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY }
el a PD
COMBINED $
_ tiri
EXCESS LIABILITY N
X UMBRELLA FORM 30XS387180 8-01-86 8-08-87 COMBINED $ 3,000, $3,000,
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
AND 30C427668 8-08-86 8-08-87 $ ino (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ (DISEASE-POLICY LIMITI
OTHER
$ (DISEASE-EACH EMPLOYEE)
DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESISPECIAL ITEMS ~
Project: Retaining Udall at Delong's, Inc.
• B •
City of Jefferson, Missouri ii HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
John G. Christy Building IRATIQN DATE THEREOF, THE ISSUING COMPANY WILL KfQXIVbC
AIL U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
320 East McCarty Street LEFT a�c1xN8111070oeataHlsl�uoAiE lt}d!
Jefferson City, Missouri 55101 �
H RC'E SENT
.a *• ��®
Bond No. 55 99 85
® THE WESTERN CASUALTYAND SURETY COMPANY
❑ THE WESTERN FIRE INSURANCE COMPANY
The Company to provide this bond coverage shalt be designated with an I_i).
FORT SCOTT.ICANSAS 66701
PERFORMANCE BOND
Approved by The American institute of Architects, A.I.A. Document No. A•311 Feb. 1970 ED.
KNOW ALL MEN BY THESE PRESENTS: P8 T artner, General Contractors of Spri nafiel d, Missouri , Inc.
That................................................................... er ,
(Here rnsert lull name and address or )coal title of the Co-
...... ntractor!
. 0. Box 4743.,..Spri g.fi,eld, MO 65808
.. ...... ... .... .............................................................................................................................................................
as Principal,hereinafter called Contractor,and THE WESTERN CASUALTY AND SURETY COMPANY and/or THE WESTERN FIREINSURANCE COMPANY,
Fort Scott, Kansas, as Surety, hereinafter called Surety, are held and firmly bound unto .., i.ty of Jefferson Ci ty,,,...320...E. ..... ............
................. ....................
.....McCarty...S.tree t.,...aeffers.on....C.i.ty..,,...MQ......6.5.1.0.1....................................................................................................................I..............I...........
(Here insert full name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, in the amount of...Two...Hundred...Twenty Thousand Three Hundred Seventy Six &
.....5.0.1..1.0.Q-------.--.-.-.--------- -.-. ....... Dollars
V*220 376 50"...............
($.............................................'.................), 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........................MdrCh,,,16,,,, .............................19 ..AT...... entered into a contract with Owner
or .... Re.ta.i.d.ng...Wa Wall....at...R.el an9..s.....I.nc.....................................................................................................................................................................
.......
.... ..... .............. ...... ..............................................................
inaccordance 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.
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 conditions,and upon determination by Surety of the lowest respon-
sible bidder, or, if the owner elects, upon determination by the Owner and the 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 ex-
ceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"bal-
ance of the contract price," as used in this paragraph,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 the Owner.
25th March 87
Signedand sealed this....................................................................................................d March . . . . . .A D. 19 '
Maumgartn r, General""Cont"t^ac'tors of
In the presence of: ..Spri ngfi 1 d,,., M.is UI"i Inc...................................(Seal)
PH :ipal)
............................................................................................................................... ..�y,....... .... .. .. �>�r "...,...................,
R. — ar sident ....,......
THE WESTERN CASUALTY AND SURETY COMPANY
/� �\ �THHEnWES,TERN FIRE INSURANCE COMPANY
.-C fry J. �', !......... 8 ...Pbt.Ck a��X. .•'.. .. ......
y... -
Attorncyln•Fact
Performance Bond for General Contractors.
SB 5715(1)
FORM FS 5617•R4 MUL.
' Bond No. 55 99 85
THE WESTERN C.ASUAL'TY,AND SURETY COMPANY
F0111' KANSAS
A STOCK IN`SfURANG! COMPANY
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 ED.
Note: 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.t...................................................................... Ba.qmgartnerA Ggneral Contractors of..Sprinc.fild, Missouri Inc.
... .. .:.................................. ... ........ ...............................................................
(Hero rnsort full nama and .1 dnrss or Irylal 1,110 of tiro contractor)
P.,....Qn....Do...4.7.43.,6...SRr.,i.r>gf ......65M,.........................................................................................................................................................
as Principal, hereinafter called Principal, and THE WESTERN CASUALTY AND SURETY COMPANY, Furt Scott, Kansas, as Surety, hereinafter called
Surety, are held and firmly bound unto......City...of...agfferson.... ty,, 3?0 E., McCarty Stre,et,, Jefferson Gi.ty.,...................
....MA.....,G.a.10.1................................................. .......... .. .. ........................ .........
(Horn lnsort full nano an11 ntldrnf.s or Iregal ollo of tiro ownorl
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbeloy,defined, in the amount of TWO,... undred_ Twenty .
Thi;>15 )1f�...T.h.r.e.t~...1i.u►ld.rid,.,S .Y.a -- ----- ------ - ----Dollars
(Horn maurl a sum r�tlwll in at Ir,dct onu•hdll nl Ihu cuntrala Pncel
(S..................**220.,376.A.5,0.?*.......), for the payment whereof Principal and Surely bind themselves, their heirs,executors, administrators, successors
and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated.......................MdrCh......16....„....,,,,.........I.................... 1987.......,entered into a contract with Owner
for .............................................................................. ........... ... ................................................................................................... r
.............................................................................................................................................................................................................................................................................
o.n accordance with Drawings and Specifications prepared by .....................................................................................................................................................................
............................................................................................................................................................................................................................................................................
IFloru inseff full 11.01110' .11111 odcltuss or loSlol Utle of Archrtectl
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 herein-
after 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.
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 of 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 no 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 Prin-
cipal, 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 whichs.aid 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,.post.
age prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of busi-
ness, 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 stale 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, of 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 ingood faith hereunder,inclusive of the payment by,
Surety of mechanics' items which may be filed of record against said Improvement, whether or not claim for the amount of such lien be presented under and
against this bond.
Signed and sealed this....................................... 25th .day of........, Marcel......,.,, A D 19 $7.....,,..,................
....... Baumgartn r, .General ..t6nf' actors...of
In the presence of: S,prinnfii 1d,, Mj so ri Inc. (Seal)
'rincipul)
........................................................................................................ By . .. ... , Prfrbi .nl�rt"'`,,...,.......,,,..„.............................BatziVi
Guy •
_ -
THE ERN C SU A TY AND SURETY COMPANY
WESTERN
........... . '�14r�,. ;.- t' •G--'............................... By ...., 4” 11.. ` • ,. ,.,.
" Aitornry•in-Fact
Form FS 5618•133 MUL.
POWMR of AWORNE Y
The Welters. Casualty and Surety Company }
HOME OFFICE FORT SCOTT, XANBAS
KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Foil SLOU, Kafisas, a corpofelion
of the State of Kansas,having its principal office in the city of Fort Scott, Kansas, purse alt In the following Bylaw, which was adopted by the
Stockholdufs of the said Company on December 2. 1953, to-wit:
"Section 27. RESIDENT OFFICERS AND ATTORNEYS•IN•FACT. The president, Any vice president(it the secretary shall have power and
authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in•fact, and to give such appointees full power and au-
thority to make, execute and deliyet in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and ether under-
takings and writings of obligatory nature, and to affix thereto the corporate seal of the corporation. The president, any vice president or the
secielary shall also have power at any time to remove and revoke the authority of any such appointee.'
does hereby nominate,constitute and appoint
Paul Barker or Milton S. Phillips or John Richmond
or DeElda F. Payne or William L. Southworth, Jr.
of Springfield, Missouri
its true and lawful agentlsi and Attoiney(sl-in•Facl, 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.
Provided, No authority is extended for
the execution of Open Penalty Bonds.
And the exacut., 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 pu.poses,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in
Fort Scott, State of Kansas, in their own proper persons.
The rollowink Zesolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company, held
on the 10th day of November, 1970
'RESOLVED,Thtt the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney
executed in accordance with Sectirm 27 of the Company Bylaws:and that any such Power of Attorney bearing such facsimile signatures, irxiuding
the facsimile signature of a certifying Assistant Secretary,and facsimile seal shall be valid and binding upon the Company with respect to any
bond,undertaking or contract of suretyship to which it is attached."
All authority hereby conferred shall remain in full force and effect until terminated by the Company.
IN WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President,
and its corporate seal to be hereunto affixed this 31St day of March 19..... x......
THE WESTERN CASUALTY AND SURETY COMPANY
aCAL �
STATE OF KANSAS By "' ��✓
COUNTY OF BOURBON ss Vice President
On this.......31st..,.day of............. arch ............. ...A.D., 19.. 86.., before the subscriber, a Notary Public in the State of Kansas in
and for the County of Bourbon,duly commissioned and qualified,came....... J. F. Fleiml Vice President of TliEWESTERN
CASUALTY AND SURETY COMPANY,of Fort Scott, Kansas to me personally known to be the individual and officer described in, and who exa-
cuted the preceding Instument, and he acknowledged the execution of the same, and being by me duly sworn,doposeth and saith, that he Is the
officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate
seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Company, and
that Bylaw, Section 27,adopted by the Stockholders of said Company, referred to in the preceding instrument, is now In force.
IN TESTIMONY WHEREOF, t have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above
written.
woerier
My appointment expires September 5, 1988 oueue�
Notary Public.
G. R. Cantrell Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY,do
I, ..
hereby certify that the above and foregoing is a true arid correct copy of a power of attorney executed by said THE WESTERN CASUALTY AND
SURETY COMPANY,which is still In full force and effect. 25th
IN WITNE,�WHEREOF, 1 have signed th� ertificate at Fort Scott, Kansas, this . ...... ... . ...............................day of
.................I.1......,...fl..I.........I..................... 19,.................
� Assistant Secretary. � I
F®raal va reso•er
1lA