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HomeMy Public PortalAboutORD11093 BILL NO. 88-67 S SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROY A. SCHEPERLE CONSTRUCTION COMPANY, INC. , FOR RENOVATIONS TO THE INTERIOR OF THE JEFFERSON CITY POLICE DEPARTMENT. 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 Roy A. Scheperle Construction Company, Inc. , for renovations to the interior of the Jefferson City Police Department, for a sum not to exceed $11,779.00. 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--Z Approved 19 P s 11in ,officer or ATTEST: City Clerk CONSTRUCTION CONTRACT TH S CON RACT, made and entered into this �)� �G. day of , 19 `i;'Y , by and between Roy A. Scheperle Con truction Comaanv. 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: Renovations to the interior of the Jefferson City Police Department. 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 seventy-five (75) calendar days from the date Contractor is ordered to proceed. 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" fox, work of a similar character in this locality, as established by 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. 88-026-0139 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. 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 City Administrator or his designee 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. 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 ?rise from operations under this contract, whether such operations be by the insured or by anyonz directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to • the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City 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 City Administrator or his designee may, at his discretion, deduct $100.00 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 due to unforeseeable 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 assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. !City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the 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 rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. a. 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. 9. 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 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. 10. 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 City Administrator or his designee and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 16, 1988 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. 11. Gontraat 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, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 12. 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. 13. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 3620 W. Truman, P.O. Box 1126, Jefferson City, Missouri 65102. The date of delivery of any notice shall be the second full day after the day of its mailing. 14. quriadiotion. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 15. IN TESTIMONY WHEREOF, he parties hav he�re,untp set their hands and seals this day of r , 19_FV ,__• CITY OF JEFFERSON, MISSOURI ATTEST: CITY CLERK CONTRACTOR eS:d*,4* Tit ATTEST: SE ETARY ON CERTIFICATE OF INSURANCE Wausau insurance companies Is is to cert lty that the Insurance policies (described below by a policy number) written on forms In use by the company have been Issued. certificate is not a policy or a binder of Insurance and does not In any way alter, amend or extend the coverage afforded by any policy referred o herein. Name and Mailing Address of Insured F 7 Roy A. Scheperle Construction Co., Inc. Producer No,: 04999 P.O. Box 1126 Office: Columbia, MO Jefferson City, MO 65102 Date: 10-7-88 Region: 07 L " Policy Effective Policy Explration type of Insurance N0. Policy Number Unless otherwise indicated,this policy affords full coverage under the Date(MO/DA/YR) Date(MO/DA/YR) Workers Compensation laws of all states(except states where coverage Workers can be provided only by State Funds,and Canada)and as designated Compensation•* 3 0719 00 049408 2-18-88 2-18-89 In the policy and endorsements for Part Two(Employers Liability). Liability Limits In Thousands (000 omitted) Commercial General General Aggregate $1 00000 Liability 2 0729 00 049408 2-18-88 2-18-89 Products&Comp./Ops.Aggregate $1 nnn. Commercial Package or Personal&Advertising Injury $ 1Yademark(Section II only) Each Occurrence iamao ( )Claims Made ( X)Occurrence Fire Damage(Any One Fire) $ Products•Completed Operations: Medical Expense(Any One Person) $ ( X)Included ( )Excluded Q�Wers&Contractors Aggregate $ live Each Occurrence $ $ $ Single Limit Auto Liability 0729 02 049408 2-18-88 2-18-89 Each Accident $ Bodily Injury ( X)All Owned Autos Each Person $ ( )Specified Autos Only Each Accident $ ( X)Hired Autos Property Damage ( X)Nonowned Autos Each Accident $ Umbrella Each Occurrence i� $ Liability H General Aggregate $ Retention $ Special Provisions/Locations/Specified Autos: Project: Renovations to the interior of the Jefferson City Police Department. 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 policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the terms)thereof. *The entry of a number In thls column means that the coverage is afforded by the company designated by the same number, •Issuing Company No. 2.EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ed t a 3.WAUSAU UNDERWRITERS INSURANCE COMPANY City of Jefferson 7,ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 320 E. McCarty St. 1.WAUSAU LLOYDS Jefferson City, MO 65101 n Signed �+/ • Authorized Representative 388 (S)6a 724 CERTIFICATE OF INSURANCE Wausau Insurance Companies iS is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been is"ued. certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and Mailing Address of Insured City of Jefferson Producer No.: 04999 320 E. McCarty St. Office: Columbia, MO Jefferson City, MO 65101 Date: 10-7-88 Region: 07 L Policy Effective Policy Expiration . Unless otherwise Indicated,this policy affords full coverage under the Type of Insurance Co. Policy Number Date( NO. MO/DA/YR) Date(MO/DA/YR) Workers Compensation laws of all states(except states where coverage Workers can be provided only by State Funds,and Canada)and as designated Compensation•* in the policy and endorsements for Part Two(Employers Liability). Liability Limits in Thousands 1000 omitted) Commercial General General Aggregate $ Liability Products&Comp./Ops.Aggregate $ Commercial Package or Personal&Advertising Injury $ Trademark(Section 11 only) Each Occurrence $ ( )Claims Made ( )Occurrence Fire Damage(Any One Fire) $ Products-Completed Operations: Medical Expense(Any One Person) $ ( )Included ( )E%CILded O ors&Contractors Aggregate $ 1,000, flue 3 0739-22-049408 10-10-88 10-10-89 Each Occurrence $ 1,000, $ $ Single Limit Auto Liability Each Accident $ Bodily Injury ( )All Owned Autos Each Person $ ( )Specified Autos Only Each Accident $ ( )Hired Autos Property Damage ( )Nonowned Autos Each Accident $ Each Occurrence $ Umbrella Liability H General Aggregate $ Retention $ Special Provislons/Locatlons/Speclfled Autos: P&F: Roy A. Scheperle Construction Co, Inc. Project: Renovations to the interior of the Jefferson City Police Department. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may portaln, the insurance afforded by the policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the torm(s)thereof. *The entry of a number In this column means that the coverage is afforded by the company designated by the same number. •Issuing Company No. 2,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company d to: 3,WAUSAU UNDERWRITERS INSURANCE COMPANY • City of Jefferson 7.ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 320 E. McCarty St. 1,WAUSAU LLOYDS Jefferson City, MO 65101 Signed ,�iGG!/L� Clmkereeenl•Irve 388 (S)80.921 I Bond No..302.0.15.8.6,I.A.... Fidelitvand De posit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 La>tb®r and Material Payment Bondi Note: This bond is issued simultaneous) with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That....AQX.At...SCHEPERLE,CONSTRUCTION CO., INC.,,,,•3620 Weat Truman„Blvd. ,,•Jefferson, .... .... .......... ................. ..... .tt (Ilere insert tine name and address or Ir¢al title of the Contractor) ........................................................................................................................................................ as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto....:.CITY_.OF JEFFERSON..JEFFERSON..CITY,._ MISSOURI ........................................................ ... .... .. ....................................................., (Here insert the name and address or le¢al title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of......Eleven..Thousand...Seven..Hundred..Seveaty..Nine..and.No�lIIO-.7777-----.-. --------------------------------------------------------------------7777 7777-- ....... ..... ..... .......... .............. ... ............. • (Here insert a sum equal to at least one•balf of the contract price) Dollars (S....11, ...........................), 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...........SegtemkP,.r.2Q.,.............................19.58.., entered into a contract with Owner for...renovations...to...t:he..interior..af...tha..Jafferson...City.. Police Department ............................................................................................................................................. ....................................................................................................................................•....................................................... in accordance with drawings and specifications prepared by.................................................................................... .................................................................... ..............................................................................................•........................ (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CON DI'I ION OF THiS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use its 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 sub-contractor 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 shat: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. Stich 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 main- tained 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,however,that if any linitation 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 here- under, 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 Gen be presented under and against this bond. Signed and sealed this..............3rd......................................day of.........October......................A.D. 19..88. In the presence of: ROY A. SCHEPERLE CONSTRUCTION NC. (SEAL) CO. ,�. + Principal ......................... BY.?*..-1 Guy B. ser, president sale FIDELITY AND DEP SIT COMPANY OF MARYLAND . 14r11-411C'4.e.. ..... ....... By.................................................. ................(SEAL) D. E. Casper, Title . Attorney—in—fact C30%1f- APProved by The American Institute of Architects.A.I.A.Document No.A-311 February 1970 edition, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND MWAM h KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of land, C. M. PECOT, JR. , Vioe-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint D. E. Casper, Joseph Casper arfil•Nancee K�� Pool, all of Kansas City, Missouri, EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . ems: :`, -0 true and Ism-fid agent and Attorney-in-Fact,to make,execute,deal arid deliver,for, I on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . e execution of such bonds or undertakings in pu} a}�ce of these: sente, shell be ae binding upon said Company, as fully and amply, to all intents and purposes, as if they haa• d duly execuiktl�and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in thtsia ow'o proper�peirs6hs.This power of attorney revokes that issued on behalf of D. E. Carpe eal, d C'edz, October 30, 1987. The said Assistant Secretary does hereby at the eacveet forth on the reveres Bide hereof is a true Dopy of Article VI, Section 2, of the By-Laws of said ComBEE now IN WITNESS WHEREOF,the said V and�t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY IT,C�OMPANY OF MARYLAND, this 22nd day of —JUIV , A.D. 1918..'1' _ FIDELITY AND COMPANY OF MARYLAND ATTEST: SiiAL � ....• e 1 ' B y •---•------.»--....» -------------•------ ` •-•-------..».....--- Vioe-lWaident ,SrATitoF MMYLAND Crri Ow BALnisonE )�' On this 22nd day of July , A.D. 19 88, before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above..-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal j e City of Baltimore, a day and year first above written. �ii,ouer'•�� 4 s:•:w"f..'` Notary Public Comm' ion xpirea jn 1 Y 1 , 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-Presideat who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1%9. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Cont y,this.3rd day of October , 1988. • 076-0108 Aeelatant Secretary Bond No302015.86.......... Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 2120.1 Perform anee Bond KNOW ALL MEN BY THESE PRESENTS: That...ROY A. SCHEPERLE CONSTRUCTION CO..t., INC., 3620 West Truman Blvd., Jefferson•, ..... ............ ..... ................... (Here Insert the name and address or legal title of the Contractor) y, Missouri .... .......... ................. ................................, ..... ............... ......... ...... ...... ........ . as Principal, hereinafter called Contractor,and FIDELITY AND DEPOSIT CMIPANY OF MARYLAND, a corpora- tion of the State of Maryland,with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto.....CITY OF..JEFFERSON, JEFFERSON CITY •. MISSOURI ................................................... ..... .. ......................................................, (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of.....Hlevem..Thaasaad...Seven..Hundred... eventy...Nine..zlad..No�lOII--.---------- ------------------------------------------------------------------------------- .................................................................................................................................................................7......................... Dollars (S.....11, .........................), 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....... .............................1g.88.1 entered into a contract with Owner for....renovations•-to--the..in eriQ, ,-of•• 1te...J� exsQZt....city. Police Department .............•.........................................................................................----•---•--.........--•--..........--•--............................................ in accordance with drawings and specifications prepared by.................................................................................... ..............•---...•...........---.......................................--•---...........................------•-----•--•-•-----.......----•-•--......................................... (Here insert full name,title and address) 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 condi- tions, and upon determination by Surety of the lowest responsible b;dder, or, if the Owner elects, upon determination by the Owner and 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 para- graph, 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 shit 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....................3rd.................................day of............October...................A.D. 19 a$... In the presence of: ROY A. SCHEPERELE CONSTRUCTION. CO. , I1��.............................(SEAL) . Principal � ......................... .. ?"�.... .......... .......... .. �! �� y�egwser Guitle FIDELITY AND DEPOSIT COMPANY OF MARYLAND .................... By. ... ..... ..................(SEAL)._ D. E. Casper, Title Attorney-in-fact Cao9t- Approved by The Arner"n In#tltuto of Architect#,A.I.A.Document No.A411 Nebruaq 1970 Edition, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. , Vioe-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint D. E. Casper and Joseph ..Casper, both of Kansas City, Missouri ' roe a aw[ul agent wed Attamy-in-Fact,to make,execute seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings:- t:' ;: . . . . .. . . . . . . . . . . . . Ago e U-scut ono arch bonds or undertaldngs`iia'pursuance Of A&tie presents,shall be as binding upon acid Company, as fully and amply, to all intents and purposes, as if they:;hi:d been duly'esiecnted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md:..'U.their own.proper persone.This power of attorney revokes that issued on behalf of D. E. Ca"s"p"er and;,Joseph Casper, dated, June 21, 1985. The said Assistant Secretary does herebi;oertify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said CotnPeny, and is:now, force. IN WITNESS WHEREOF,the said,Vki -President'and Assistant Secretary have hereunto subscribed their names and affixed the CaT tt tSb of the said FIDELITY-AND DEPOSIT COMPANY OF MARYLAND, this 30th day of Ocor A.D. 19_. : FIDELITY,AND DEPOSIT COMPANY OF MARYLAND ATTEST: ti^ • C! ...�.�..�............ :'` ........... By....................... !.......................... Assistant Secretary Vice-President STATE of MARYLAND CrPr Of BALTINGRE }SS: On this 30th day of October , A.D. 19$7 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,carne the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direLtion of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, a day and year first above written. o�' !. V•j MO,A III`�1 • Notary P 'lic Comm' nik.o rea July 1, 1990 CERTIFICATE. I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vioe- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this Ird day of , 19 8 076-0108 Aseiaunt Swmtary