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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 • .. ;. .. i l• M /.0 t},y f.1}, � St ua•;7 t c t ,}, 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 . ,1 lw ' i iy&J' }.,.1i,t sc�i•«, t jr1 > a A4 cl. 'a7'%; • '4: �Tr 1� i t'v.. � �,i f l .t,�? •1211i'�a`� }l �, ` ,;; 7i r ,� �r'1,t� ,��,. t}1t A i P fw} Si"Qit..t yy� yt� td37 l 1•�tE 4'r't %^f t2Y�fi ,.., •.•,M, :I i ,.t! . .. .T S .. +' 3 ': �.oy tF .4 4 I.. } n• lr \ iN 1 :U a+,oY4f?7gJq�,�ry9Q;Y( h1 ),�� } }`�� 3 (, . E:.,.: .. , i s1. ,.1:... :.... .. ..t..l ,..•, Y,..1,•'. 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Y '4erv.+ i2 "'�4avi. t�-•' tir, �r~���.�a+I��.rtl�.. v;=:a�..��J.;�'A. 4 :�rw�.�Rw'...9 "�".v.::N���..:...k,».Y•.�,'.•�•tunr.ry M•�.s,:.�"'`«".'S. ..Fvkyv! ••�,..�d✓"+.'..4',M'.M.wt{..p'.'n�htoe���': Wtw'M �-.f:,°w'4t.r., Lat. 291974 'Trademark of The Atna Casualty and Surety Company ,(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