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HomeMy Public PortalAboutORD11030 BILL NO. 88-7 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH J.M. FAHEY CONSTRUCTION COMPANY FOR THE 1988 COLD MILLING 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.M. Fahey Construction Company for the 1988 Cold Milling Project for a sum not to exceed $50,000.40. 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 Gti jG, ( T$8' Approved esi i Officer 41G;Iyor ATTEST: City Clerk i • • N CONSTRUCTION CONI-RACr IS CONTRACT, made and entered into this ! 7 ` day of ®. 19 $ $" by and between J. M. Fahey Const uction Company 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, equip mnt, materials and supplies and for constructing the following City inprovements: 1988 Cold Milling Project Wi4, THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Cc mletion. The Contractor agrees with the City to furnish all supervision, labor, tools, equip.--.ent, materials and supplies necessary to perform, and to perform, said work at Contractor's ar.wn expense in accordance with _ the contract docLrr,ents and any applicable City ordinances and state and federal laws, within thirty (30) (calendar, xn;t .�J days frckn the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten days after the date of this contract. ® 2. Prevailing Wages. All labor utilized in the construction of the aforementioned improve.-nents 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 Departmant 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 cages from the contents of Special 11age Determination Na. 88-026-0088 E-T Aj�g�;Urxxt7-{xxxxxxxxxxxxxxxxxxxxxxxxxx, in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the na es ' and occupations of all wor}jr,en errployed in connec - tton with ; .. the work to be performed under the terns of this contract. The record shall shcra the actual wages paid to the kr,r)or►_n in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RS o, Contractor shall forfeit to the City Ten Dollars ($10.00) for each wor':c-:-n e;nloyed, for each calendar day or portion t1-,at the wor;+r►:�n 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 maintain at its ra,-•n expense during the life of this contract: i (a) Workrr),an's Cunpensation Insurance for all of its employees to be engaged in work under this contract. ® (b) Contractor's Public Liability Insurance in an a-munt 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 worl%-n.n's coapensation law, Chapter 287, RS14:). , and Contractor's Property Danage 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 a.-rount 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 O.,:ner'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 claiins governed by the provisions of ® the Missouri work7en's corrpensation law, Chapter 287, RS14o. 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 eaployed by it, and also against any special hazards %.;zich may be encountered in the performance of this contract. l;!1TE: Paragraph (f) is construed to require the procure-rrant of Contractor's protective insurance (or rsnting�nt public liability and contingent prop.-rty d yn:ie policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property dax%age policy (or rider attach ad thereto) of the general contractor provides aderD►ate protection against claiuns arising from operations by anyone directly or indirectly enployed by the ® Contractor. 4. Contractor's Responsibili^y for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and rxnissions of its subcontractors, and of persons either directly or indirectly enployed 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 sa-De peraer 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 Da.Tiages. The Director of Public Works may, at his discretion, deduct $100_ .00 from any a.Tount 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 corplete the work by such tire, as long as the City does not to Tftinate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the co.rpletion of the work due to- unforseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days' prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assign:-ent 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)-iren or proper material, or if Contractor should refuse or fail to make proapt 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 Proof-ed. In the event this contract is ter;ninated pursuant to Paragraph 6, then the City may take over the work and prosecute the Earn to ca:rplet:ion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the a:rrnunt of this contract thereby occasioned by the City. In any such rase the City may take possession of, and utilize in carrpleti.ng the work, such rr-Anr.ials, applicances and structures as may be on the work site . 1 and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, ® city ordinances, and state and federal laws. 8. Guards and 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 a:.ard of this contract to Contractor. 9. Indemnity. The Contractor agrees to defend, indamnify, 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 accoimt 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 sa,p, or on account of any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the a:•:ard of this contract to Contractor. 10. Payrent for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursucuit to this contract. Contractor shall furnish to the City a bond to insure the paprr_nt of all materials and labor used in the performance of this contract. 11. Pay ent. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the pay7rent schedule set forth in the Contract DDcLTrants upon acceptance of said work by the Director of Public V,orks and in accordance with the rates and/or amounts stated in the bid . of Contractor dated April 25 19 88 , 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 DoCLrrr_nts. The contract docurents shall consist of the following: a. This Contract e. G'moral Cr,;yaitions b. Addenda f. Sjn.cial Provisions e. Notice to Contractors g. Technical Sr.,:2cif icat ions d. Signed Copy of Bid h. Drar.:ings a f3/or sketches This contract and the other docurr_-nts enu:rr_•rated in this paragraph, form the Contract b:•tween the parties. These docuTrnts • are as fully a part of 0-te 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 e.•nployee of Contractor or applicant for enploynnnt 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 408 High Grove Rd. ,Grandview, MO 64030 The date of delivery of any notice shall be the second full.day after the day of its mailing. \ 15. Jurisdiction. This agree.�ent and every question arising hereunder shall be interpreted according to the laiti-z and statutes of the State of Missouri. 16. IN TESTI!-rNY WHEREOF, the parties have hereunto set their hands and seals this (� -� day of CITY OF JEFFERSON, MISSOURI ; B of ATTEST: r CITY CLERK CONrrRAC TOR I IL FAHEY, IC NSTRUCTIO.N C.Q. er -/°R e3. Title: ATTEST; �F. s _r• _. 0 INSURANCE AND SURETY BONDS August 89 1988 City of Jeffersong Missouri Attn : City Clerk 320 E. McCarty Jefferson City9 MO 65101 RE: Owner Protective Liability Policy 1988 Cold Milling Project Constract: J. M. Fahey Construction Co.o Inc. Enclosed Is a binder reflecting extension of coverage through September 159 1988. A certified copy has been sent to J. M. Fahey Construction Company. Please let me know if you have any questions. Sincerely+ ® Teresa Starr Customer Service Representative Encis /TS cc: Mr. Don Stones J. M. Fahey Construction Company • Rivrrgarr Buanx C nkr,600 Broadwal Suitt 600,Kanw Cit, Missouri 64105 (816)842.4800 FAX I-816.472-5018 of ISSUE DATE(MM/DD/Yll 8-8-88 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO-THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. RODUCER COMPANY I BINDER NO. TS THOMAS MCGEE E SONS AETNA CASUALTY C SURETY FAHJA2-16 R I V E R GA T E BUSINESS CENTER DATE EFFECTIVE TIME DATE ExPIRATION TIME 600 BROADWAY9 SUITE 600 5-09-88 2:01 I AM -15-88 N 11201 AM KANSAS CITY9 MO 64105 1 1 PM NOON THIS OINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED X COMPANY PER EXPIRING POLICY NO P C 5 145 2 2 3 C C A CODE SUB-CODE DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(INCLUDING LOCATION) INSURED CITY OF JEFFERSON RE: 1988 COLD MILLING OPERATION 320 E. MCCARTY JEFFERSON CITY9 MO 65101 • TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC=BROAD SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ 1000 X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OPS AGGREGATE $ "± CuuS MADE QO.Q.,ENCE PERSONAL&ADVERTISING INJURY $ X OWNER'IVE CONTRACTORS EACH OCCURRENCE $ 1000 FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE:_ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL _ $ LIABILITY 131 PERS/ACCID $ :.i.., NON/OWNED pp g HIRED MED.PAY $ GARAGE PIP $ •l I79: ti' UM Is �:,,x;•a_pit AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DIED: STATED AMOUNT $ OTC DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: STATUTORY -, WORKER'S COMPENSATION $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES CONTRACTOR: J• M• FAHEY CONSTRUCTION COMPANY9 INC•9 408 HIGH GROVE ROADS GRANDVIEW9 MO 64030. MOH i GAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# y AUTHORIZED REPRESENTATIVE • . • • • . ,0 qd INSURANCE AND SURETY BONDS July - 219 - 1968 City : of Jettersont - Mlssourl Attnt City Clerk 320 E• McCarty . Jefferson -Cityt - M0 65101 REs Owner . Protective Llablllty :Policy 1988 Cold -Mlill ProJect Contractors . Jo Me Fahey Construction Coo* Inc. . Enclosed is a binder reflecting :extenslon-of coverage through ! August 179 •1988e A certified copy has been sent to Jo Me . Fahey Construction Company. Please. let sae know . if you have any questions* . . Sincerelys Teresa Starr . Custower . Servlce Representative Encle cc: Mre . Don Stoney Jo Me Fahey .Construction Company Rivcrgate Business Gaiter,600 BwadwaX Suite 600,Kanw City Marouri 64105 (816)842-4800 FAX 1.816-472-5018 gEor ISSUE DATE(MM/DD/YY) 07-21-88 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO ll�-IE CONDIT1014S SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. KF THOMAS MCGEE E SONS AETNA CASUALTY 6 SURETY I FAHJB9-5 RIVERGATE BUSINESS CENTER DATE EFFECTIVE TIME DATE EXPIRATION TIME 600 BROADWAYs SUITE 600 5-9-88 2s01 AM —17-88 1201 AM KANSAS CITY• MO 64105 PM NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COfdPANY PER EXPIRING POLICY 140 CODE SUB-CODE DESCRIPTION OF OPERATIONSIVEHICLESIPROPERTY(INCLUDING LOCATION) INSURED CITY OF JEFFERSON RES 1988 COLD MILLING OPERATION 320 Es MCCARTY JEFFERSON CITYP MO 65101 TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC BROAD SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ 1000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ Cwus MAX ©OCCURRENCE PERSONAL d ADVERTISING INJURY $ X OWNER'S 8 CONTRACTORS EACH OCCURRENCE $ 1000 PROTECTIVE _ FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: __ MEDICAL EXPENSE(ANY ONE PERSON) g AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL Is LIABILITY BI PEAS/ACCID $ NON/OWNED PD g HIRED MED.PAY $ GARAGE PIP $ ^ Y' — UM $ 1x1Frt: AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: STATED AMOUNT $ OTC DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELr-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: _ STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES CONTRACTORS Js Ms FAHEY .CONSTRUCTION COMPANY9 INC.• 408 HIGH GROVE ROAD GRANDVIEW9 MO 64030 ' MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOANN • AUTHORI"LED REPRESENTATIVE INSURANCE AND SURETY BONDS D MAY I Z 1%8 May 9, 1988 City of Jefferson, Missouri Dept. of Public Works 320 E. McCarty Jefferson City, MO 65101 RE: J.M. Fahey Construction Company Bond No. 36 0120 10669 88 8 1988 Cold Milling Project Please accept this letter as your authority to date the Bonds ® and the Powers of Attorney on the above captioned project. Very truly yours, UNITED STATES FIDELITY AND GUARANTY COMPANY LaVonne Rinke Attorney-in-Fact Riwgak Brains Cantu 600 Bmuf Suits 600,Katw Oo MumW 64105 (816)84248M FAX I-816-472.5018 ;1till(i��+`\t)1{t7I'—+} ;:~r•r.�,i .r.f I1 ,} 1{(G' ' T { ( \ /.' 1 ){I/'till ._, `�11.( 11�I!f( `!1!�J(� 11 [. L���►. UNITED STATES FIDELI UAKANTY COMPANY Arai L'�',!f_�/ ir✓ ':•. (A Stoc Co nyl t4 v PERFORMANCE BOND wJ Approved by The American Institute of Architects A. 1.A.Document No.A•311(February 1970 Edition) 36 0120 10669 88 8 BONDNUMBER.....................................—...........I.... I KNOW ALL MEN BY THESE PRESENTS: J.M. FAHEY CONSTRUCTION COMPANY That ...................................................................................................................................................................................•............................................ E° as Principal, i hereinafter called Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws rryy $$ tY� of the State C Maryland BJEFF RSON d, a urattu hereinafter called Surety, are held and firmly bound unto.......................................... ITYY ,:; ...................................................................................................Fifty.....................Thousand Nine Hundred...Thirt........................................—Ei ht & r ; as Qbli ee, hereinafter called Owner, in the amount of .......................-1............. no/100-------------------------=-- -----------------------... t; + Dollars 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 ..........................•..•„•........ ,entered Into a contract with Owner for ` 1988 Cold Milling Project In accordance with drawings and specifications prepared by .................•....•........... .............. t E: ”(Nera'Inieit'Y61V'hirmW."Mlei aQ7&die4Y �i ............•.............................................................. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. r E; 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 r!' thereunder, the Surely 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 low- IS responsible bidder, or, if the wner 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 zw completion lets 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 Y 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........................................day of....... ................•.................... 19.... 1r` In the presence of: J.M. FAHEY CONSTRUCTION COMPANY Ott:; � ..................................................................•.....•,..................,.,.......,.,.......... �`l I .'• 8y .......• r ... ..., ........................................•........, (Seal) ?t+ Principal UNIT 0 STAT F ELITY AND G ARANTY COMPANY '' 1J DJ} yt.�/✓J••,. ��/� B tL/ .... (Se>ti) �r' (~'.• tip , `•5:- ,fr V—�•Y — ,rr-T.;" m,,;:f- •�, n , �n"Fa Ct. '}i4�i ,rihi� ,,. lltr,... :1?ilL d~,llil�\;+,i1't_i�, ',rit lilt\:�5�,�1ij(iT:t•..i1i(l llt(t1 +:!Jttt_.1it41V:T�t1 Sl:_ Ilsll�,�,r 2' ��f� �111�1 1�j1�\t'i�./))�''ti Contract 21 1 (2.70) ^:f. Yµ 79111171 X.711FIX LIFIVIF111 .1 UA TFIMIIIE Itl 4 3 F� UNITED STATES FIDELI* UARANTY COMPANY (A Stock Company) LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A. I.A.Document No.A•311(February 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER.., 36 0120 10669 88 8 .........................I............ X Th at.. J.M. .FAHEY CONSTRUCTION COMPANY ..................................................................................................... ... . ......................I........................................................................................as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto...................... .............CITY..O.F..JEFFERSONA.MISSOURI....... ... ..........................................i...y........... 'A .. ......... �i t six as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the amount of., Thousand Nine Hundred ThirtY7�UWA.no/100--------------Dollars ............................................. .. .. .. ........ ........ .. for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated 19 entered into a contract with Owner for 1988 Cold Milling Project in accordance with drawings and specifications prepared by.... ................................................................... ii (Here Insert full name,title and address) .................I .............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 col:ditions: (1) A claimant is defined as one having a direct contract with the a Princif I or with a sub-contractor of the Principal for labor, material, 0 a, both, used or reasonably required for use in the performance the contract, labor and material being construed to Include that part ..... a I 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 hill before the expiration of a period of ninet (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 4 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 Surat� above named,within ninety(90)days after such claimant did or performed the last of the work or labor, or furnished the last of 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 on which Principal ceased work on said Contract, It being understood, 4.6 however, that It 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 thereoV, 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' Ilens which may be filed of record against said Improvement, whether or not claim for the amount o?such lien be presented under and against this bond. -J Signed and sealed this........................................day of................. ....... ...................... 19.... ...... ..... J.M. FAHEY CONSTRUCTION COMPANY............................... ( 4"M . .... ... By...... . ... ........................(Seal) w n"a Principal it (Witne TV TED TlE Fl ITY UARANTY PANY 11 .............. (Seal) LaVonne Rinke, Attor , y—in—Fact This bond Is issued slmultano y with performance bond In favor of the Owner conditioned on the full and faithful performance of the Contract i %X I$ ...... V T L CERTIFIED COPY GENERAL POWER OF ATTORNEY No. . 99512 ...... Know all Men by theme Preaenta: Thal UNITED s,rA'I'F.S FIDEILITY AND CUARANTY CONII'ANY, a corporation organised and existing under ilia- lawn of the State of Maryland, and having its principal 141ve at the City of lfallimorc. in the State- of Maryland, does hereby conslitutr and appoint Kevin J. McGreevy, Kansas City, Missouri; Eugene A. Klein, Overland Park, Kansas Midme T. Kellyy, Patsy J. Lorimer, LaVonne Rinke and Eric Van Buskirk, Kansas C ty, Missouri and Deboacah K. Everett of the City of Kansas City , State of Kansas its true and lawful attorneys in and for the States of MiSSouri. Enid Ka iSaS for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever anylom. of,the said Kevin J. McGreevy and the said Eugene A. Klein and the sand Michael T. Kelly and the said Patsy J. Lorimer and the said LaVaane Rinke and the said Eric Van Buskirk and the Bald Decorah K. Everett may lawfully do in the premises by virtue of these presents. In Witness Whereof, the <nid UNITE)/ STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly allested by the signatures of its Vice.President and Assistant Secretary,this 21st day of AL 9USt ,A.D.19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By....... E�C3nYG M.. ......................... Vice-President. (SEAL) MiC1'lael O. (signed) .. .......................... Assistant Secretary. STATE OF MARYLAND. t BALTIMORE CITY, On this 21St day of August ,A.D. 19 87,before me personally came Nancy M. Hartigan . Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Michael O. Gray .Assistant Secretary of said Company,with both of 0111111 1 41111 acquainted, who being by me severally duly sworn, said that they, the said Nancy M. Haragan and Michael. O. Cray were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that They each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Huard of Dircotors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary,respectively,of the Company. Any commission expires the first day in July, A. D.19.90. (SEAL) (Signed) .....................Margaret... M. HLtsst..... .... Notary Public. A••.• FS 3 (1.87) ,� COPY OF RESOLUTION That Whereas,it is necessary for the effectual tranaetinn of business that this Company appoint agents anti attorneys with power and authority to act for it and in ity name lit States other than Maryland, and in the Terrilorie- of the. United State, and in the I'tutinee. and territories of Canada; Therefore, be it Resolt'ed, that this Company do, and it hereby does, authority and empower its I'm-ident or either of its Vie, Presidents in conjunction with its Secretary or one of its Assistant Suvrelaries, under it. eutpornte seal, to appoint any pet-an it tvvt>ou- as attorney or at torneys•indact,or agent or agents of said Company, in its name and as its act. to e%eeule and delitier mt� and all eontt.trt• guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performance- of contracts other tlt.nt insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceeding. or by law allowed,and Also,in its name and as its attorney or attorneys•irrfact, or agent or agents to execute and guarantee the condition. of any and all bonds, recognizances, obligations, stipulations, undertakings or arnthing in the nature of either of the same. which are or may by law. municipal or otherwise, or by any Statute of the United State- or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs. practice or discretion of any hoard, body, organization. office or officer, local, municipal or otherwise, he allowed, required or permitted to be executed,made, taken. given, tendered, accepted, filed or recorded for the security or protection of, by or for any pen-on or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. 11 James M. Carroll ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Kevin J. McGreevy, Kansas City, Missouri; Eugene A. Klein, Overland Park, Kansas; Michael T. Kelly, Patsy J. Lorimar, LaVcnne Rims-- and Erie Van Buskirk, Kansas City, Missouri and Deborah K. Everett of Kansas City, Kansas , authorizing and empowering them to sign bond.,as theroin set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25111 day of November, 1981, at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, 1 have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) �r �......................... .. .......... Assistant Secretary. INSURANCE-AND SURETY BONDS R WOW Cad►,600 Sow6010: CW$A"wi6M., COPY: CITY OF JEFFERSON G7Aw4 4&ee (Y� INSURANCE AND SURETY BONDS kr t 1 i 600 3NiAc 60q 1Ga�aRr Miu�owri 6!1015 :(816)8!Z-1b10q PAX 1,816-X72,5018 a. f t s° f y.. t or , ISSUE DATE(MM/DD/YY) 5-6-88 L THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, PRODUCER COMPANY —____�__ __ •_ _ BINDER NO. Thomas McGee & Sons Aetna Casualty_ & Surety FAHJB9-5 Rivergate Business Center DATE FfFFGItVE 'pey DATE TIME TIME 600 Broadway, Suite 600 12:01 A:1 12 01 AM Kansas City, Mo 64105 5-9-88 PM 7-31-88 NOON THIS BINDER IS ISSUED TO EXTE%D COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO CODE SUB-CODE DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY(INCLUDING LOCATION) INSURED RE: 1988 Cold Milling Operation City of Jefferson 320 E. McCarty Jefferson City, MO 65101 • TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC=BROAD =SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ 1000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ [uvaVAM )X IOCCUaaEKE PERSONAL 6 ADVERTISING INJURY $ % OWNER'S&CONTRACTORS ETCH DCCURRENCE $ 1000 PROTECTIVE FIRE DAMAGE(ANY ONE FIRE) $ RET130 DATE FOR CLAIMS MADE:_ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES PMEOERPA�YCC'D LIABILITY NON/OWNED HIRED 5 GARAGE $ °^ , UM Is AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: STATED AMOUNT S OTC DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF•INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY $ $ (DISEASE-EACH EMPLOYEEI SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES Contractor: J. M. Fahey Construction Company, Inc. , 408 High Grove Road, Grandview, MO 64030 r LOA MOR TGAGEE ADDITIONAL INSURED LOSS PAYEE Nk AUTHORIZED REPRESENTATIVE 1 a , ISSUE DATE(MM/DD/YY) ' 5-6-88 L PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, THOMAS N CG E E E SONS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RIVERGATE BUSINESS CENTER COMPANIES AFFORDING COVERAGE 600 BROADWAY9 SUITE 600 _ KANSAS CITY, NCO 64105 COMPANY LETTER A AETNA GAS TY L SURETY CO COMPANY INSURED LETTER COMPANY J. M• FAHEY CONSTRUCTION COMPANY LETTER C 408 HIGH GROVE ROAD COMPANY GRANDVIEW9 MO 64030 LETTER COMPANY E LETTER • 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 TYPE OF INSURANCE POLICY NUMBER POT CY WIDD VF POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR LATE I,d1A4)DYl'1 oat.(fd4tDDm) GENERAL LIABILITY GENERAL AGGREGATE $ 20O A COMMERCIAL GENERAL LIABILITY 30ACM5144943 4-01-88 4-01-8 RODUCTS-CONIPIOPSAGGREGATE $ 2000 CLAIMS MADE ElkcCURRENCE PERSONA;d ADVERTISING INJURY $ OWNER'S d CONTRACTORS PROTECTIVE EACH OCCURRENCE $ FIRE DAMAGE(ANY ONE FIRE) $ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE LIABILITY A X ANY AUTO 30FJ780151Y 4-01-88 4--01-89 cSL $ 750 ALL OWNED AUTOS *MISSOURI BODILY SCHEDULED AUTOS 30FJ694035 PER PERSON) $ �r HIRED AUTOS **KANSAS BODILY NON-OWNED AUTOS ACWDENTI $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE A 30XS548700 4-01-88 4-01-89 $ $ OTHER THAN UMBRELLA FORM 4000 40 0 0 STATUTORY WORKERS'COMPENSATION ^ A AND 300511946 4-01-88 4-01-89 $ 100 (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 500 (OISEASE•POLICY LIMIT) $ ZOO (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAQaLILMSOPERATIONS CONDUCTED BY THE INSURED RE: 1988 COLD MILLING OPERATION. • . • CITY OF JEFFERSON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. DEPT. OF PUBLIC WORKS PIRATION DATE THEREOF, THE ISSUING COMPANY WILL &YdIUXD 320 E. McCarty MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, MO 65101 LEFT,3W XXISIY AUTHORIZED REPRESENTATIVE M0161:16 110:1-11M 16 A A-rj-%h ,