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HomeMy Public PortalAboutORD10917 BILL NO. 87-107 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. /Q21:7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AVIATION SYSTEMS, INC. , FOR THE PURCHASE AND INSTALLATION OF THE GLIDE SLOPE AND MIDDLE MARKER AT THE JEFFERSON CITY MEMORIAL AIRPORT. 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 Aviation Systems, Inc. , for the purchase and installation of the Glide Slope and Middle Marker at the Jefferson City Memorial Airport for a sum not to exceed $274,831.00. 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 -L = cc� ��� Approved 6�7 resi Officer. Mayor ATTEST: City Clerk CONSTRUCTION CONTRACT Adk THIS CONTRACT, made and entered into this 8th day of Wit_ bex , 19 A7 by and between Incorporated here .na -er' 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 for constructing the following City improvements: Installation of Glide Slope and Middle Marker for the completion of Jefferson City Memorial Airportg ILS. 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 240 ( calendar, 0G ) days from the date contractor is ordered to proceed, which order shall be issued by the Director of Transportation within seven ( 7 ) 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 Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 7-014-Q44 and Decision No. , 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 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 Transportation each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ( $10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 1 �' 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen ' s Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100, .000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen's compensation law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800, 000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen's compensation 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 Subparagraphs (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. Am 2 EM 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) 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 fully responsible to the City for acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. Liquidated Damages. The Director of Transportation may, at his discretion, deduct Fifty Dollars/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 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 duo to unforeseeable causes beyond Contractor' s control and without fault or negligence o Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five ( 5) days' prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse of fail to make prompt payment to any person supplying labor or materials for the work under the ® 3 contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. Cit}L'a Right to Proceed. in the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the city ordinances, and state and federal laws. B. Operational Safety on Airport During Construction. The Contractor will coordinate all work with the Airport Manager. The Airport Manager will have final authority in matters of safety on the airport property and the Contractor will be required to follow guidelines concerning operational safety as set forth in FAA Advisory Circular No. 150/5370°2C. The Contractor shall make available work schedules and procedures to the Airport Manager on a continuous basis to maintain efficient progress on the construction project and not ,jeopardize the safety of air traffic. 9. Liability for Use or Operation. With regard to any liability which may arise from the use and/or the operation of this facility, each party expressly agrees that it shall be solely and exclusively liable for the negligence of its own agents, servants and/or employees, in accordance with applicable law, and that neither party looks to the other to save or hold it harmless for the consequences of any negligence on the part of one of its own agents, servants, and/or employees. 10. 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. Nothing in this paragraph shall be construed to change or modify the comparative fault laws of the State of Missouri. 11. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the ® 4 materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 12. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment said work by the Director of Transportation and in accordance with the rates and/or amounts stated in the bid of Contractor dated September 9 , 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 following: a. This Contract e. General Conditions b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or Sketches This contract and the other documents enumerated in this paragraph, from the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Inspection of Project Records. The Contractor and all subcontractors shall maintain records pertaining to the performance of this contract and shall make such records available at the contractor' s field or permanent business offices at all reasonable times during the performance of the contract and for three years from date of final payment under the contract, for inspection by authorized representatives of the City and the Missouri Highway and Transportation Commission. 15. Notices. All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E McCarty �effer$ C 8 Missouri 65101, and Contractor at hv.iat ion Sys _ems , Inc. , 8Y..15 Nieman Road, The date of delivery of any notice sha e 't a second full day after the day of its mailing. 5 MM M 16. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 17. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this 8th day of October , 1987 CITY OF JEFFERSON, MISSOURI By ATTEST: CITY CLERK CONTRACTOR AMIL By 1: LE: ATTEST: ETARY z tie'•``.,y.°°' � �,�-:cti. nree,n►l►e► 6 ADDENDUM NO. 1 to AVIATION SYSTEMS, INC. PROPOSAL Dated: September 9 , 1987 This addenda addresses questions outlined in a letter dated September 17, 1987, from Martin A. Brose, P.E. , to Charles Barnes. Item 1. The Federal Aviation Administration will not allow the City to contract the maintenance of the Instrument Landing System (ILS) to an independent contractor, and is requiring Wilcox equipment . ASI will provide the necessary Wilcox equipment. Item 2. The ASI proposal stated equipment shelters would be elevated approximately six (61 ) feet above the ground to achieve necessary flood protection. The City requires the floor elevation of the equipment shelters at 554 MSL if the FAA will allow. Item 3. ASI will comply with the criteria A, C and E, outlined by the FAA in their letter dated August 6, 1987. The, criteria requires tools , spare parts and test equipment to be included with the facillity. Item 4. Payment terms outlined in the proposal require the balance of the equipment payment due Net 10, this shall be changed to payment due Net 15 to allow the City to use its normal payment, cycle. Av :)n 'Slrstems, Inc. PREVAILING WAGE DETERMINATION State Agency or Sub-Division Determination No. City of Jefferson City/Department of Transportation 7-014-044 Location of Project Date of Issue City Jefferson City County Callaway June 30 1987 Supersedes Determination No. Description of Work: Jefferson City Memorial Airport Glide Slope and Middle Marker Project. Provide and install on FAA approved I.L.S. Glide Slope and Middle Marker. Includes providing access road and site grading. Determination No. 7-014-044 is provided upon the request of Mr. Martin A. Brose, City of Jefferson City/Department of Transportation 320 East McCarty St. Jefferson City, M0. 65101 In accordance with Section 290.260 RSMo (1986), within thirty (30) days after a certified copy of this determination has been filed with the Secretary of State as indicated below,any person who may be affected by this determination may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102, and to the party which requested this determination, pursuant to 8 CSR 20-5.010(1). FOR OFFICE USE ONLY ' Ir nn "i Filed With Secretary Of State: JUL 1 iC1077 Last Date Objections May Be Filed: JUL n 1 1987 MO 825-0149(9.97) f r John Ashcroft i 4v' !, } Chris R. Rogers GOVERNOR DIVISION DIRECTOR Jerry M. Hunter State of Missouri DEPARTMENT DIRECTOR Department of Labor and industrial Relations DIVISION OF LABOR STANDARDS Box 444,Jefferson City, Missouri 65102 3141751-3403 In accordance with your request for the prevailing hourly rate of wages for workmen required to perform the project or construction contract identified in your request, and pursuant to Section 290.210 to 340 V.A.M.S. , the Division of Labor Standards, being duly informed and having fully considered the matter, finds, determines, declares, and certifies to you and the public body you represent: 1. that the "Prevailing Hourly rate of wages" means the wages paid generally, in the locality in which the public works is being performed, to workmen engaged' in work of a similar character including the basic hourly rate of pay and amount of the rate of contributions irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan or program, and the amount of the rate of cost to the contractor or subcontractor which may be reasonably anticipated in providing benefits to workmen and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was ccanmunicated in writing to the workmen affected, for medical or hospital care, pensions on retirements or death, ccimpensat•ion for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, accident insurance, for vacation and holiday pay, for defraying cost Of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal or state law to provide any of the benefits; provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determination of the department, insofar as sections 290.210 to 290.340 are concerned, may be discharged by the making of payment in cash, by the making of irrevocable contributions to trustee or third persons, as provided herein, by the assumption of an enforceable commitment'to bear costs of a plan or program as provided herein, or any combination thereof, where the aggregate of such payments, contributions and cost is not less than the rate of pay plus the other amounts as provided herein. 2. Mat certified copies of this determination will be filed immediately with the Secretary of the State of Missouri and in the files of this department, The Division is not authorized to fix wage rates. The applicable law allows it to only ascertain what, in fact, are the prevailing hourly wages for a given craft in a given locality. A "Locality" is the county or counties where the project is to be construc- ted. Zhe law provides that not less than the prevailing hourly wages determined by the Division shall be paid by a contractor or subcontractor. A higher wage rate may be lawfully paid. Should objections be filed to any portion of thi5CHNRIS1�r. =Diobtor - jections must be specific and be filed in accordvailing Wage Law. t�T �µCC�t]1 yy •r�y1 ~ r~pi N•gyp u AA y0. % t 0 OJ7 0�• N O O tO A ryW•y I •• m ►• 00 Aj oCp °y� o o 4 °� o was 4N++ B 'J. .ppr .ppq'ptl .pp•� C��q�++ .r r•.4p. u Y N .wn a r•a 4 v O H 3 i117 i N 1.0 a O ° cU N A N F Hm z S.Wa U Wa H H Vl •�pyy F S $'�C7 R o y A yy A oy �•�yTy iyo7��.�nH A �Cycao pq p f><~a w N a O v•�N� N4 F o x G. O Q W W O W .4 • .4.0 L M M R 41 O r �p O L � - O Ox a �• 1n W HI pyy g1lgg. ~ iN N�A •�N$.�i��rC.�•t«g 1 .ap e 0 E.0 H OWtnHNx V O e 1.M s «oU 14 roo oFaa u E•rar. C �JC Aa .1a �i,�oayy m� Oa SSOtHAO �� i7 + � pBS� o u�Q,� ma OS U M x V Q }Q�1 .�qt}� •q}y� }Q�1 .Yg'1 OEn�!.M U M �M '(q^,1 �pe1�{0y�6 rag�y0 W r-1 a1 F4. F1 �At 7 4 p to C: H 10 U O d7 Fl 1•.7 V GL � FC7'O,r7y} V 96 C, x 7 �ya 41 t9 F H W xac so o �a ° � Hap a� •m H wwoo x ° $ � H0 1H N41 Ir W OX N S W.3 (no 3 rz7N! z z G. 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APP•Tng• Others CARPENTERS (See attached sheet for more infonra.tio ) Journeymen 17. 62 1. 08 .75 . 03 Millwrights 17 .62 1 . 08 .75 . 03 Pile Driver Worker 17 .62 1. 08 .75 .03 OPERATING ENGINEERS (See attached sheet for Classifications Group I 15. 35 2 .15 2.60 . 32 Group II 15. 00 2.15 2. 60 .32 Group III 14 .80 2 .15 2. 60 .32 Group IV 13 .95 2 .15 2.60 . 32 LABORERS (See attached sheet for Classifications General Laborers 14 .65 1.40 1.35 .10 Skilled Laborers 15.25 1.40 1.35 .10 TRUCK DRIVERS-TEAMSTERS 1.75 2 . 00 •Teamsters - (See below for Rates) CLASSIFICATIONS RATE CLASSIFICATIONS RATE Flat Bed Trucks - Single Axle 14.33 Tank on_-_1Wide­ffi­Axle 14 .48 Flat Bed Trucks - Tandem Axle 14 .48 Tank Wagon - Semi-Trailer 14 .60 Station Wagons 14 .33 Insley Wagons, Dumpsters, Half- Pickup Trucks 14 .33 Tracks, Speedace, Euclids & Material Truclm - Single Axle 14 .33 other similar equipment 14 .60 Material Trucks - Tandem Axle 14.48 A-Frame & Derrick Trucks 14 .60 Semi and /or Pole Trailers 14.60 Float or Low Boy 14 . 60 Winch, llork & Steel Trucks 14.60 Warehouseman 14 .23 Distributor Drivers & Operators 14 .60 *Tireman, Oiler & Greaser Agitator & Transit Mix-Trucks 14 .49 Station Attendant on Const. Tank Wagon - Single Axle 14.33 **Mechanics *1be wage rate for Tireuan, Oiler & Greaser,. Station Attendant on Construction shall be the saw as the wage rate for the oiler in the operating engineers schedule, except operating engineer fringe benefits over and above any applicable teamster benefits shall be added to teamster wages. * Me wage rate for Mechanics in the teamsters schedule shall be the same as Mechanics in the operating engineers schedule, except that operating engineer fringe benefits over and above any applicable teamster benefits shall be added to teamster wages. 7be shift pay differential - swing shift twenty-five cents (250) per hour, graveyard shift fifty cents (500) per hour, above regular rates. OVERTIME RATE: Workmen shall be paid one & one-half (14) times the regular rate of wages for all hours worked in excess of eight (8) hours per day (if working 5-81s), or ten (10) hours per day (if working 4-101s), or forty (40) hours per week, Monday through Friday. 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O• 7 O • r • O F�.. w .•aci Y .1•n1 N A9ee� `.,ri G+ Gi {(�.�{ •j�Q°�(•a ~~�� U • Y r a M Y ii 14 li U � iJ Ow O 1.! yy u6N �rop• a► V I�NwM u1. ►• l�6!{�' 1b ,y p e � �1"� B O O N 4 " C O O • u ri Y 1,Yl 07 �i T r7 F7 0 0 p V r ► O G M O N O • 6 •�1 1� pp1 4 �• Y r 0.. Y u 9 Y Y O �. p �, N {p�7l .c a r ..:. J a1 �� i7�1Q .0. L M A VN M Jyy v y e C • M w a Y N p� W p1� y O N S O y 0.+ O N•ri • � Y O �•� �� ~ � C V M Y.i w ►. O 00.1 •• YM ��u �K �w V •�.y1 �O���11 {p� •.•O P M1O w N y O M •O r 0.v o ~ M p N 8 C1 r O Tf �1}1 w g.n yyY` Y Y Cw qqr ee >> v oM N�11-V •^W {.rf, y �pp� a Q V • .7 N w O N V v y 9Cv(1 • 7 L76�Pi�W OB �v>CG �r 761- Y a •W 10 151 1 is �� MN ISSUE DATE(MM/DD/YY) 10 2 ILL8 7 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO, ,retcher-Lynch 6 Co. U. S. Fire Insurance Co. _ 511 H i l l c re s t Road DATE _EFFECTIVE TIME Y DATE EXPIRATION TIME Kansas City, Missouri 64138 12:0 X AM 12:OtAM 10/26/87 �PM until I ssuan a NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED ' COMPANY PER EXPIRING POLICY NO.! CODE SUB-CODE DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY(INCLUDING LOCATION) INSURED City of Jefferson 320 East McCarty Street Jefferson City, Missouri 65101 0 TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE CIN.NSURAN PROPERTY CAUSES OF LOSS BASIC=BROAD =SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ l 000 • COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ urns uvaE I X I OCCURREWE PERSONAL d ADVERTISING INJURY $ 1 2 QOQ • OWNER'S&CONTRACTORS EACH OCCURRENCE $ l 000 PROTECTIVE. FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: _ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES SCHEDULED VF.HiCLES� CSL $ tr a Iti L ILILITY GI PERSlACCID $ NOWOWNED PO $ HIRED MED.PAY $ Y: GARAGE PIP $ UM $ AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: _ STATED AMOUNT $ OTC OED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: STATUTORY " WORKER'S COMPENSATION !ih: $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY ::;i, $ (DISEASE-POLICY LIMIT) f $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES Contractor: Aviation Systems, Inc. Job: Installation of Glide Slope and Middle Marker for the completion of Jefferson City Memorial Airports ILS. . Q MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZ.E:D REPRESENTATIVE _ ISSUE DATE(MM/DD/YY) 10/27/87 PRODUCER THIS CERTIFICATE CERTIFICATE MATTER O CONFERS r, Co. NO RIGHTS UPON THE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 511 H i 1 1 c re s t Road _EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ansas City, Missouri 64138 COMPANIES AFFORDING COVERAGE COMPANY LETTER A U. S. Fire Insurance Company COMPANY n INSURED LETTER Aviation Systems, Inc. COMPANY C Aviation Maintenance, Inc. and LETTER Avigation, Inc. , A.T. I .M.A. COMPANY D P. O. Box 12753 LETTER Overland Park, Kansas 66212 COMPANY LETTER s c THIS IS T'0 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 TYPE OF INSURANCE POLICY NUMBER ^POLICY RIECiiVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(ttt.U'OD Y'11 DATE 0.4,DDrYY) GENERAL LIABILITY GENERAL AGGREGATE. $ 1 000 A x COMMERCIAL GENERAL LIABILITY Renewa 1 of l l/l/87 II/l/88 PRODUCTS COYP/OPS AGGREGATE $ CLAIkIS MADE FxIOCCURRE",CE 500-424014-7 PERSO'JAL d ADVERTISING INJURY $ 1 000 OVjtN[R'S$CO'JTRACTORS PROTECTIIrE EACH OCCURRMCE $ 1 .000 FIRE OW AGE(ANY.ONE FIRE) $ '0 'r.EDICAL EXPENSE(ANY ONE PERSON) $J AUTOMOBILE LIABILITY ANY AUTO C5L ALL OWNED AUTOS BODILY uny SCHEDULED AUTOS W..R PERSON) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (PER $ GARAGE LIABILITY PROPERTY DAMAGE Q EXCESS LIABILITY I EACH AGGREGATE OCCURRENCE x A Umbrella Form Renewal of 11/1/87 11/1/88 $ 2,000 $ 4,000 OTHER THAN UMBRELLA FORM 523-4782167 _ A — STATUTORY WORKERS'COMPENSATION $ (EACH ACCIDENT) AND EMPLOYERS'LIABILITY $ (OISEASE-POLICY LIMIT) $ (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Installation of Glide Slope and Middle Marker for the completion of Jefferson City Memorial Airports ILS. o � o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. City of Jefferson PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 East McCarty Street MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, Missouri 65101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /�/�• 1l (I i OR 0 I SUE DATE(MMIDDJYY) 10/27/87 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS C re tche r-Lynch & CO. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 511 H i l l c re s t Road EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,ansas City, Missouri 64138 COMPANIES AFFORDING COVERAGE COMPAN LETTER Y A U. S. Fire Insurance Company COMPANY INSURED LETTER Aviation Systems, Inc. COMPANY Aviation Maintenance, Inc. and LETTER Avigation, Inc. , A.T. I .M.A. COMPANY P. 0. Box 12753 LETTER Overland Park, Kansas 66212 COMPANY LETTER 0 sun= 0 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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 LTR TYPE OF INSURANCE POLICY NUMBER DATE(MWIDO/YY) DATE(MMIDD/YYI EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY A x COMPREHENSIVE FORM 500-424-014-7 11/1/86 1 171787 INJURY $ $ PREMISES/OPERATIONS PROPERTY x EXPLOSIONUB COLLAPSE HAZARD DAMAGE $ $ PRODUCTS/COMPLETED OPERATIONS x CONTRACTUAL COMBINED $ 1 ,000 $ 1 ,000 X INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1 ,000 AUTOMOBILE LIABILITY BODILY ANY AUTO IRJIIRY ALL OWNED AUTOS(PRIV.PASS.) BODILY ALL OWNED AUTOS(�RryRPASSSN� (PPER�ACCIDENn $ HIRED AUTOS r PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY 81APD COMBINED $ EXCESS LIABILITY A x UMBRELLA FORM 523-4782167 2/01/87 1 1/1187 BI&PO O $ 2,000 $ 2,000 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY— AND $ (EACH ACCIDENT) EMPLOYERS'LIABILITY $ (DISEASE-POLICY LIMIT) $ (DIS...ASE•EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Installation of Glide Slope and Middle Marker for the completion of Jefferson City Memorial Airports ILS. City f Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX• o e erson PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 East McCarty Street MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, Missouri 6 51 O 1 LEFT, T FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRE NTATIVE ___ 6 ® Continental Bond No. 109 82 09 pnsu nice, PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: That Aviation-Systems. Inc. (Here insert full name and address or legal title of the Contractor) 8335 Nieman Road,Lenexa, KS 66214 as Principal, hereinafter called Contractor,and CONTINENTAL INSURANCE COMPANY as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto- City of Jefferson (Here insert full name and address or legal title of Owner) 32020 E. Merar.>y St. , Je_ fferscin City, Missouri 651()1 as Obligee, hereinafter called Owner, in the amount of TWO HUNDRED SEVENTY FOUR, E I GHJ HUNDRED TH I RTY ONE AND NOJt On - -------------- -- -- - - ------ ----- Dollars($ 274,831 .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 Or tahe8_ i`A7 entered into a contract with Owner for inst;;llatinn of GI ides lone and Middle Marker for the _ completion of Jefferson City Memorial Airport ILS in accordance 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 responsible 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 contractor 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 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. Signed and sealed this 26th day of October A.D. 19 87 AV"OV JYSTE 1C (Seal). PIA P incipal) AQ�� (Witness) (Title) CONTI E- TAL INSURANCE COMPANY (Seal) (Suret (Witness) Geo R. Donnelly (Title Attorney UUNO 419)C The Continental Iisurance Company 180 Maiden Lana, N6w fork, New York 10033 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made. constituted and appointed. and by these presents does make,constitute and appoint GEORGE R. DONNELLY 0'F' _{ANSAS...CITY, MISSOURI its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TEN MILLION ($10,000,000.) DOLLARS. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the list day of November, 1977: "RESOLVED.that the Chairman of the Board.the vice Chairman of the Board.the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company be and ina:each o•any of them is.authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Cempany bonds uncer:awmgs and nil contracts of suretyship,and the!an Assistant Vice President.a Secretary or an Assistant Secretary be,and that each o+anyof them herebv is.auinorrzed to ages:the execution of any such Power of Attorney.and to attach thereto the seal of the Company FURTHER RESOLVED.that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate re!at;ng thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed ano in the future with fespec:to an)bond.undertaking or contract of suretyship to which it is attached" In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 4th day of June, 1984, THE CONTINENTAL INSURANCE COMPANY Attest: By ��•�X T Stephens.Assistant Vice President ::;�' "' ;•.• Michael J.Beernaert.Vrce•Presicient STATE OF NEW JERSEY " COUNTY OF MIDDLESEX On this 4th day of.June.1984,before me personally name Michael J.Beernaert,to me known,who being by me duly sworn,did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument,that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. I,a,�•MOr��.'tt i �••�!�;;;;•':' Marilyn A Hockenbury A Notary Public of New Jersey CERTIFICATE My Commission Expires June 23,1988 1,the undersigned,an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth to the said Power of Attorney,is now in force. Signed and sealed at Piscataway,in the State of New Jersey.Dated the 26 th day of Oc tobe r 198 7 , = t James M Keane.Assistant vice President `+ n eo►ta vtsx PnkaG M U.S.A. Bond No. 109 82 09 LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No. A-311 (Feb. 1970 Edition) Note:This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract KNOW ALL MEN BY THESE PRESENTS: That Aviation Systems, Inc. _ (Here insert full name and address or legal title of the Contractor) 8335 Nieman Road, Lenexa, KS 66214 as Principal, hereinafter called Principal, and Continental Insurance Company as Surety, (Here insert full name and address or legal title of Surety) hereinafter called Surety, are held and firmly bound unto r i t�JPff r_Um (Here insert full name and address or legal title of Owner) McCarty St_ _ Jefferson Cit;_-MOAStnl as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of T D SEVENTY FOUR THOUSAND, EIGHT HUNDRED THIRTY ONE Dollars ($274,,831 .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. WHEREAS, Contractor has by written agreement dated October 8, 1987 entered into a contract with Owner for installation of Gl i d ce_1 ope and Middle Marker for the completion of Jefferson City Mme prial Airport ILS in accordance with drawings and specifications prepared by (Here insert full name,title 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 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. 2.The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any claimant; a)Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal,the Owner,or(he 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 forwhich said claim is made,stating with substantial accuracy theamount 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 the legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b)After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. 4.The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 26th day of October A.D. 19 87 AVIATION SYSTEMS, INC. (Seal) (Principal) (Witness) (Title) CONTINENTAL INSURANCE COMPANY (Seal) (Surety) (witness) Geor R. Donnelly trill Attorney HO ND 4 w u: The Contine ll 1IRM 180 Maiden Lane, N6w Yori<, New Fork 10033 GENERAL"POWER OF ATTORNEY Know all melt by these Presents, That THE CONTINENTAL INSURANCE COMPANY has mace. constituted and appointed, and by these presents does make,constitute and appoint GEORGE R. DONNELLY OF-XANSAS:..CITY, MISSOURI its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety.bonds,undertakings and contracts of suretyship to be given to .ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed In amount the sum of TEN MILLION ($10,000,000.) DOLLARS. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: -RESOLVED.that the Cha-rmanof the Board.the vice Chairman of the Board.the President,an Executive vice President or a Senior Vice President or a vice President of the Company.be and friar each o•any or them is.authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Ccmpany bonds unoe,:ai,rngs and au contracts of suretyship,end tha!an Assistant Vice President.a Secretary or an Assistant Secretary be.and trial each or any of them hereby •s,autnorizeci to ayes:the execution of any such Power of Attorney.and to attach thereto the seal of the Company FURTHER RESOLVED.that The signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating Inereto by facsimile,and any sucn Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valio and binding upon the Company when so affixed ano in ire future with respect to any bond.undertaking or contract of suretyship to which it is attached" In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 4th day of June. 1984. THE CONTINENTAL INSURANCE COMPANY Attest: By T.H Stephens.Assistant Vice President "' :;•. Michael J.Beeinaert.Vice-Presien, STATE OF NEW JERSEY `•��.�� as.: COUNTY OF MIDDLESEX On this 4th day of June,1984,before me personally came Michael J.Beernaert,to me known,who being by me duly sworn,did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument,that he knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal:that It was so affixeo by oree,of the Board of Directors of said corporation and that he signed his name thereto by like order, 'D Air t`'i�x �;,•`+' 'Marilyn A Hockenb'ury A Notary Public of New Jersey CERTIFICATE My Commission Expires June 23, 1988 I,the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force, Signed and sealed at Piscataway,in the State of New Jersey. Dated the 26th day of Oc tobe r 1987 2:: James M Keane.Assistant vice President it DOW v,sx Pnnad in U.S.A