HomeMy Public PortalAboutORD10914 BILL NO. 87-83
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. O }/
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J.C.
INDUSTRIES, INC. , FOR THE 1987 SCOTT STATION ROAD PROJECT.
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 J.C. Industries, Inc. , for
the 1987 Scott Station Road Project for a sum not to exceed
$99, 650.80.
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 �- �'-/, / ,f'7 Approved '— ���, /5'S'
452 AfP
Presid fficer Mayor
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this 1st day of
October , 19 87 by and between
_J.C.- Industries, Inc. , 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: 1987 Scott Station Road Pro)ect
f 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 th r v (3())_ ( K04 workings J
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within rhirt3t (g0) '
days after the date of this contract.
2. Prevailing Wages. All labor utilized-id-the- construction
of the aforementioned improvements shall be paid a wage of no
less than the "prevailing bourly 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 F ployment 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 frorn the contents of Special Wage Determination No.
7-0 26-142 EXXRxD M"C=UXMXXXXXXXXXXXXXXXXXXXXXXX
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 work*m_n employed in , cotinee --
Lion' with - i , the work to be performed under the teens of this
contracts 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. Tn accordance with
Section 290.250 RS!•n, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each worhran e:ployed, for each calendar day
•. or portion thereof that the wor'rrnan is paid less than the
stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Tnsurancc. Contractor shall procure and maintain at its
® am expense during the life of this, contract:
(a) Workmen's CeaTpensation insurance for all of its
ca ployees to be engaged in work under this contract.
(b) Contractor's Public Liabilitt► 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 o:m 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,
• 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 di-mage policies) by a general contractor
whose subcontractor has employees r:o;:king on the
project, unless the general public liability and
property drA;nage policy (or rider attached thereto)
7.
7.
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 cloyed 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 poi,-s 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 $lpp ner day from any amount
otherwise due under this contract for every day Contractor fails
or refuses to prosecute the Fork, 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
negligetce 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 wor)-,rr_n 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 co.,rplet•ion, by contract or
4_ otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the a oLuit of this contract thereby
occasioned by the City. In any such case the City may tare
possession of, and utilize in ccuipl.eti.ng the work, such
materials, applicances and structures as may be on the work site
• , ... ... .... ..rrw.-. ..-.r.. , +v.. •..vw.•..n•r..r .n• v • -...'�•rwf.!^'.• .•.. ,, _I�....i.•�•.ti-.7.7.w 1.
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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.
0. 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. r
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 wark'to be completed
pursuant to this contract. Contractor shall furnish to the City.a
bond rd insure the payment of all materials aridlabor 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 ai)d in accordance with
the rates and/or amounts stated in the ' bid . of Contractor
dated August 7 0 1987 , 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 Docurrr_nts. The contract docu:rp.nts shall consist
of the following:
a. 'Ibis Contract e. General Corr3itions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
•� d. Signed Copy of laid h. Drawings and/or sketches
This contract and the other docLrrr_•nts enumerated in this
paragraph, farm the Contract bet%•xecn the parties. 'These docuT►ents
are as fu.l.ly a part of the contract as if attached hereto or
rrpeatod 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
P.O. BQX 264 , Jefferson City, MO 65-L O2--. 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 PkEREOF, the parties have 11prqunto, set _
their hands and seals this / , " day of
. 19
CITY OF JEFFERSON, MISSOURI
B A0
.. YOR .
ATTEST:
CITY CLERK
CONTRACTOR
By N
ATTEST:
S R},TA.RY
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ICOMPANY
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P.O. Box 1046 Effective 12:01 a m 9-29 '19 87
• • • 1 •• ••
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DThis binder is issued to extend coverage in the above named
company per expiring policy
NAME AND VAII ING ADDRESS OF INSURED ascription of Opera t ion/Veh Icles/Property
City of Jefferson
320 East McCarty Owners Protective Liability
Jefferson City, Mo. 65101
Type and Location of Property Coverage/Perils/Forms
Limits of Liability
Type of Insurance Coverage/Forms
'l
El Scheduled Form k] Comprehensive Form owners $800,000.
Bodily Injury
Premises/Operat ions Protective
Products/Completed • Liability •. • :1 1 1 00
D Contractual Bodily Injury &
• . below) •• •
Combined
Person Accicivrit
Personal Injury C Personal Injury
Limits of Liability
A Liability 0 Non-owned El Hired Bodily Injury(Each Person) $
T Comprehensive-Deductible $ Bodily Injury(Each Accident)
Collision
o
Medical Payments $ Property Damage $
L Uninsured Motorist $
L El No Fault (specify): Bodily Injury & Property Damage
Other (specify): Combined
WORKERS' • • • •- •a EMPLOYERS' LIABILITY
:SPECIAL COADITIONS/OTHER COVERAGES
JOB: 1987 Scott Station Road Project
`Y Industries, Inc., P.O. Box 1264, Jefferson City, Mo. 65102 is responshile for premiun
• audit.
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kt o^
1'
V.
O r ISSUE DATE('�MlDD/YY)
�i
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Winter-Dent & Co.
P.O. Box 1046 COMPANIES AFFORDING COVERAGE
Jefferson City, Mo. 65102 —
COMPA
LETTERNY A United States Fidelity & Guaranty
COMPANY
INSURED LETTER
J.C. Industries, Inc. COMPANY
P.O. Box 1264 LETTER C
Jefferson City, Mo. 65102 COMPANY
LETTER
COMPANY
LETTER
e
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
Co TYPE OF INSURANCE POLICY NUMBER DATE IMWDONY) DATE(MMlDOM'I EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY BODILY
X COMPREHENSIVE FORM MP085740380 7-1-87 7-1-88 INJURY $ 500, $ 500,
X PREMISES/OPERATICNS PROPERTY
EXPLOSIONU&I COLLAPSE HAZARD 250,000. XC Property D ge) DAMAGE $ 500 $ 500
X PROOUCTSICOMPLETED OPERATIONS
X
PD
CONTRACTUAL BI 6
COMBINED $ $
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $ 500,
AUTOMOBILE LIABILITY BODILY
191UR
X A14Y AUTO BA-P096777439 7-1-87 7-1-88 (PER PERSON1 $ 500
X ALL OWNED AUTOS(PRIV.PASS.) BODILY
iIUURY
}{ ALL OWNED AUTOS(PRHVRPASS. (PER AwDENT) $ 500
X HIRED AUTOS PROPERTY
X NON•OWNED AUTOS DAMAGE $ 250
GARAGE LIABILITY
BI 8 PD
COMBINED $
EXCESS LIABILITY
}{ UMBRELLA FORM CEP094357934 7-1-87 7-1-88 COMBINED $ 5,000, $5,000,
N
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
AND 7000369876 7-1-87 7-1-88 $ (EACH ACCIDENT)
$ (DISEASE-POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
JOB: 1987 Scott Station Road Project
• o •
City of Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATIlb DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
320 East McCarty MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, Mo. 65101 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE CO ANY, ITS AGENTS OR REPRESENTATIVES.
ALIT �D RE ESENTA
A
n
SAFECb INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
�® OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98188
Bond No._ 5107096
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A.Document No.A-311 February, 1970 Edition
KNOWALL BYTHESEPRESENTS,That we, J. C. Industries, Inc.
(Here insert the name and address or legal title of Contractor)
P. 0. Box 1264, Jefferson City, Missouri 65102
as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101
(Here insert the name and address or legal title of Owner)
as Obligee,hereinafter called Owner,in the amount of_Ninety Nine Thousand Six Hundred Fif ty and
no/100----------------------------------------------- Dollars($ 99,650,00. ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,'successors and
assigns jointly and severally,firmly by these presents.
WHEREAS, Contractor has by written agreement dated September 28 , 19 87 entered into,a Contract
with Owner for 1987 Scott Station Road Project
in accordance with Drawings and Specifications prepared by City of Jefferson, 320 East McCarty,
Jefferson City, Missouri 65101
(Here insert full name and address or legal title of Architect)
which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void;otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
(continued on reverse side)
S-1219 R1 8/77 PRINTED IN U.S.A.
Whenever Contractor shall be,and declared by Owner to be In default under the Contract, the Owner having performed
Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly
1. Complete the Contract In accordance with its terms and conditions,or
2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by
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 exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used
in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend-
ments thereto,less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment
under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs,executors,administrators or successors of Owner.
Signed and sealed this 28th day of September ,19 87
J. C. Industries .Inc. .(Seal)
rincipal
(Witness)
Title
XOAC(
SAFECO INSURANCE COMPANY F AMERICA
�
(Witness)
By ��O'
Betty K Christian Attorney in-Fact
POWER SAFECO INSURANCE COMPANY OF AMERICA
PO
PO ATTORNEY HOME OFFICE;SAFECO PLAZA
OF SEATTLE,WASHINGTON 98185
SAFECO
No. 5462
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
----JAMES J. LANDWEHR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS; BETTY KAY CHRISTIAN,
JeffersonCity, Missouri-------------------------------------------------
its true and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th day of August , 1987
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued
pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
28th day of Se to be ' 19
5.1300 R5 3/88 PRINTED IN U.B.A.
• LABOR AND MATERIAL SAFECO INSURANCE COMPANY OF AMERICA
PAYMENT BOND GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
�� OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98188
Bond No. 5107096
Approved by The American Institute of Architects
A.I.A. Document No. A-311 February, 1970 Edition
Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and
faithful performance of the Contract.
KNOIVALL BY THF.SI:PRF,SENTS,That we,
J. C. Industries, Inc., P. 0. Box 1264, Jefferson City, Missouri 65102
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Wa diington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of
Ninety Nine Thousand Six Hundred Fifty and no/100—r -- Dollars(S 99,650.00 ),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally,firmly by these presents.
141HF.REAS,Principal has by written agreement dated September 28� 19 87 entered into a contract with Owner for
1987 Scott Station Road Project
in accordance with Drawings and Specifications prepared by City of Jefferson, 320 East McCarty,
Jefferson City, Missouri 65101
(Here insert full name and address or legal title of rc itect
which contract is by reference made it part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make
payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect,subject,
however,to the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract,labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
(continued on reverse side)
S-1220 RI 10/72 PRINTED IN U.S.A,
2. Tile 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.Tile Owner shall not be liable for the payment of any costs or expenses of any such
suit.
3.No suit or action shall be commenced hereunder by any Claimant,
a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any
two of the following: The Principal, the Owner, or the Surety above named, within ninety(90)days after such Claimant
did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating
with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is
regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located,save that such service need not be made by a public officer.
b)After the expiration of one(1) year following the date oil which Principal ceased work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the
Project,or any part thereof,is situated,and not elsewhere.
•4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve-
ment, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 28th day of September 19 87
J. C. Industries. -Inc., (Seal)
Principal
124t A41 Y""J
Witness
Title
SAFECO INSURANCE COMPANY OF AMERICA
Witness
By tGC (�c > -t�
Betty Ka Christian Attorney-in-Fact
3
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POWER SAFECO INSURANCE COMPANY OF AMERICA
O : ORNEY HOME OFFICE;SAFECO PLAZA
E " '
SEATTLE.WASHINGTON 98185
Ask SAFECO
5462
No.
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
----JAMES J. LANDWEHR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS; BETTY KAY CHRISTIAN,
Jefferson City, Missouri----------------------......------------—-----------
its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business,and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th day of August , 19$Z—.•
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued
pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
;i t'i-b';- this 28th day of September 19 87
V.
1. 1
5.1300 R6 3�OE PRINTED IN U.S.A.