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HomeMy Public PortalAboutORD09974 BILL NO. SPONSORED BY COUNCILMAN ORDIN CE NO. �� Ij►l AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH J. C. INDUSTRIES, INC. FOR THE CONSTRUCTION OF PORTIONS OF THE COLE JUNCTION SEWER PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with J. C. Industries , Inc. for the construction of portions of the Cole Junction sewer project for the sum of $1,414,980. 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 date of its passage and approval. Passed Approved $�- 2N- r si ing i er VVV Mayor ATTEST : 1M' City—Clerk � MP P1*�P• N PPPPPP ��PPPP i. JOHN ASHCROFT SW1 Dhision of Energy GMTmor Dhision of Emironmcntal Quality Dhision of Geology and Land Surrey FREDERICK A.BRUNNER r< I)I%Non of Management Services Director STATE OF MISSOURI Dhision of Parks,Recreation, DEPARTMENT OF NATURAL RESOURCES and Historic Preservation DIVISION OF ENVIRONMENTAL QUALITY P.O.Box 176 Jefferson City,MO 65102 September 14, 1987 The Honorable Louise Gardner Mayor of Jefferson City 320 E. McCarty Street Jefferson City, MD 65101 Re: C291081-02 Jefferson City, Missouri - Cole Junction P.S. Dear Mayor Gardner: Enclosed is approved Change Order No. 10 to Contract Divisions A & B with J. C. Industries for your grant project. This change order has no effect on the eligible cost of construction. This change order increases construction time by 240 calendar days for Division A. The new contract completion date is November 8, 1984. Resident inspection services beyond the original construction contract completion date, March 13, 1984, are allowable for grant participation as defined in our letter of October 10, 1985. This change order also increases construction time by 220 calendar days for Division B. The new contract completion date is August 8, 1984. Resident inspection services beyond .the construction contract completion date, January 2, 1984, are limited since portions of the work were for ineligible construction. Federal participation on this additional work is subject to availability of funds. Since the additional cost due to this change order exceeds the existing grant amount, it will be necessary to submit a grant increase request. This change order is for your official project records and should be maintained on file for a minimum of three years following completion of the project. Sincerely, WATER POLLUTION CDNTROL PROGRAM Randy ,Clarkson. P.E. Engineering Unit Chief RC:DGF:mle cc: Environmental Protection Agency Jefferson City Regional Office CHANGE ORDER NO. 10 FOR CITY OF JEFFERSON, MISSOURI COLE JUNCTION SEWER PROJECT EPA PROJECT NUMBER C291081 CONTRACT DATE: MAY 23, 1983 TO: J. C. Industricrs, Inc. iV1ltti;ilJUR1 [)f:'PC.P!fPAr:N'f CF fH�y f l.'!-!at�_ ,;E;>lllihl{.•;.: DESCRIPTION OF CHANGE: Time Extension ;th a tattf•}ral art.cr c:,I's tructi n of • �: iK'��by F.Fi'RG•.'�q in {i ltrl7:r�',n�•• �. . ccordanae With authority �1.�1�.Ja;c:c! !�y �hF •, i=:1�cSE�nnl„•-tF,1 Prctcc:;.)n�\ ah;:;c t.+ 'j�A to r. n t fv Y'Region VII.This erurovai ctoc;t^.-it CHANGE IN CONTRACT PRICE: "”' 'i 1 funds. None -.r CHANGE IN CONTRACT TIME: Contract A - 240 day extension - new completion date November 8, 1984 Contract B - 220 day extension - new completion date August 8, 1984 CHANGE REQUESTED BY: Contractor REASON FOR CHANGE: To allow contractor additional time due to delayed equipment deliveries, additions to contract, additional rock quantities, unexpected weather conditions and flooding, and unforeseen site conditions . CHANGE ORDER AGREED TO BY: J.C. Industries, Inc. Date:- `1 =Q ------- By: ----- CHANGE ORDER ACCEPTED BY_ City_ of Jefferson, Missouri 9 Date: r'0 l G --_--- BY_-- 4 ' •� MO• �.• •�,;.. fit..'`• ....' CITY OF JEFFERSON. MISSOURI " May 24, 1983 GEORGE HARTSFIELD ''�• htAY01� Mr. Joe Helmig, President Jefferson City Industries, Inc. 1907 Williams Jefferson City, MO 65101 Dear Mr. Helmig: The City Council has authorized me to execute the attached contract with your firm. However, the Council has expressed its concern about potential violations of the prevailing wage statute. ' Therefore, the City will expect payroll reports to be provided to Mike Bates , Director of Public Works , following each pay period for employees working on this project. These reports shall include the name, classification, hours worked, and wage rate paid for each employee doing work on the project. ' Very truly yours, George Hartsfiel " GH/pjp CC: Council Members CONTRACT AGREEMENT THIS AGREEMENT, made and concluded this 1�3( day of 1983, by and between J.C. Industries, Inc. hereinafter called the "Con rac or", and the City 6f Jefferson, Missouri, hereinafter called the "City". WITNESSETH, THAT, whereas the Council of the City of Jefferson by Resolution adopted at a a:e ting held on � 23 , 1983, and by virtue of authority vested in said Cound=, -Fas awarded o e ontractor the work of performing certain construction. NOW, THEREFORE, the Contractor and the City, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF THE WORK: The Contractor shall furnish all materials, tools, equipment, labor, and everything necessary to perform, and shall perform, in accordance with the Plans, Specifications and terms of this Contract, the work of constructing the Section(s) A (and) B Cole Junction Sewer Project(s) to serve the City of Jefferson, Missouri. The Owner shall have representatives at the site as he may decide during the -construction to observe the work in progress. Article 2. TIME OF COMPLETION: Construction work must begin within ten (10) days after written notice to do so shall have been given to the Contractor and shall be carried on at a rate to secure its full completion within 240 calendar days for Section A and 150 calendar days for Section B. DEDUCTIONS FOR NOT COMPLETING ON TIME If the Contract work is not fully completed according to the terms of the Contract within the time limit herein stipulated, subject to such extensions as may be granted as provided for in Paragraph 15 of the General Conditions and Section lA "Summary of Work," of the Technical Specifications, it is agreed that the City will be damaged thereby. The amount of said damages, exclusive of expense for surveillance and observation of construction being difficult, if not impossible of definite ascertainment, it is hereby agreed that the amount of such damages, both liquidated and fixed, shall be estimated and agreed upon in advance, and they are hereby agreed upon in the amount of Two Hundred Dollars ($200.00) for each calendar day elapsing between the expiration of such time limit as herein provided for, plus such extensions as may be granted, and the date of full completion. The obligations of the Bonds given by the Contractor, as herein required, shall include the payment of the liquidated damages provided for and agreed upon in this paragraph. C-1 Where any deductions from or forfeitures of payment in connection with the work an this Contract are duly and properly declared or imposed against the Contractor, in accordance with the terms of this Contract, State laws or ordinances of the City, the total amount thereof may be withheld from any money whatsoever due or to become due the Contractor under the Contract, and when deducted shall be deemed and taken as payment in such amount. Article 3. CONTRACT PRICE: SECTION A The City shall pay to the Contractor for the performance of the work the lump sum amount of Six Hundred Twenty Thousand Four Hundred Eighty-Two Dollars and NO Cents ($ 620,482.00 ). SECTION B The City shall pay to the Contractor for the performance of the work the amounts determined for the total number of each of the following units of work completed at the unit price stated threafter. The final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. Item Unit No. Pay Item Unit Price 1. Trench Excavation, Class A cu.yd. $ 35.00 2. Trench Excavation, Class B Less Than 10 Feet cu.yd. $ 4.75 3. Trench Excavation, Class B Depth 10 Feet to 20 Feet cu.yd. $ 6.75 4. Trench Excavation, Class B Depth Over 20 Feet cu.yd. $ 20.00 5. In-Place, 20-Inch Ductile Iron Pipe for Force Main lin.ft. $ 34.25 6. In-Place 20-Inch Ductile Iron Pipe - Polyethylene Lined for Force Main & Gravity Sewer lln.ft. $ 50.00 7. In-Place 18-Inch Pipe for Gravity Sewers lin.ft. $ 19.00 8. In-Place 15-Inch Pipe for Gravity Sewers lin.ft. $ 12.90 C-2 Item Unit No. pay Item Unit Price 9. In-Place 12-Inch Pipe for Gravity Sewers lin.ft. $ 11.90 10. In-Place 8-Inch Pipe for Gravity Sewers lin.ft. $ 5.75 11. Manhole, Complete in Place, Depth 6 Feet or Less each $ 785.00 12. Manhole, Complete in Place, Depth Over 6 Feet to 8 Feet each $'915.00 13. Manhole, Complete in Place, Depth Over 8 Feet to 10 Feet each $ 1,065.00_ 14. Manhole, Complete in Place, Depth Over 10 Feet to 12 Feet each $ 1,120.00 15. Manhole, Complete in Place, Depth Over 12 Feet to 14 Feet each $ 1,232.00 16. Manhole, Complete in Place, Depth Over 14 Feet to 16 Feet each $ 1,485.00 17. Manhole, Complete in Place, Depth Over 16 Feet to 18 Feet each $ 1,735.00 18. Manhole, Complete in Place, Depth Over 18 Feet to 20 Feet each $ 1,840.00 19. Additional for Sealed Covers each $ 70.00 20. 8-Inch Pipe Stub in Manhole each $ 150.00 21. Outside Drop on Manhole, 20-Inch Polyethylene-Lined P.I.P. each $ 4,056.00 22. Outside Drop on Manhole, 8-Inch each $ 375.00 23. Lumber Ordered Left in Trench MBFM $ 300.00 24. Class B Concrete Encasement cu.yd. $ 125.00 25. Granular Backfill cu.yd. $ 11.00 26. Crushed Rock for Subgrade Replacement cu.yd. $ 15.00 27. Removal and Replacement of Asphaltic Concrete sq.yd. $ 18.00 C-3 Item Unit Aft No. Pay Item Unit Price 28. Air Release Valves each $ 19630.00 29. Blow-Off Assembly No. 1 Lump Sum $ 19750.00 30. Blow-Off Assembly No. 2 Lump Sum $ 11750.00 31. Blow-Off Assembly No. 3 Lump Sum $ 1,750.00 `x 32. Elevated Crossing 1 on Force Main, Sta. 16+65 to Sta. 17+40 Lump Sum $ 4,000.00 33. Elevated Crossing 2 on Force Main, Sta. 56+95 to Sta. 58+45 Lump Sum $ 7,600.00 34. Elevated Crossing 3 on Schumate Chapel Interceptor 2, Sta.. 22+19.52 to Sta. 23+40 Lump Sum $ 2,350.00 35. Railroad Crossing on Outlet Interceptor, Sta. 30+55 to Sta. 31+33 Lump Sum $19,250.00 36. Railroad Crossing on Rio Vista Interceptor, Sta. 9+40 to Sta. 10+15 Lump Sum $ 9,925.00 37. Highway Crossing on Force Main, Sta. 66+45 to Sta. 68+40 Lump Sum $147835.00 38. Highway Crossing on Force Main, Sta. 73+25 to Sta. 73+95 Lump Sum $139625.00 39. Highway Crossing on Belair Interceptor, Sta. 0+65 to Sta. 1+85 Lump Sum $19,300.00 40. Highway Crossing on Rio Vista Interceptor, Sta. 6+70 to Sta. 7+30 Lump Sum $ 7,250.00 41. Influent Connection No. 1, Belair Interceptor Lump Sum $ 750.00 42. Influent Connection No. 2, Belair Interceptor Lump Sum $ 3,315.00 43. Influent Connection No. 3, Belair Interceptor Lump Sum $ 1,210.00 44. Influent Connection No. 4, Belair Interceptor Lump Sum $ 700.00 45. Influent Connection No. 59 ® Outlet Interceptor Lump Sum $ 750.00 C-4 Item Unit No. Pay Item Unit Price 46. Influent Connection No. 6, Outlet Interceptor Lump Sum $ 750.00 47. Influent Connection No. 7, Schumate Chapel Interceptor 1 Lump Sum $ 3,935.00 48. Influent Connection No. 8, Schumate Chapel Interceptor 2 Lump Sum $ 4,574.00 49. Influent Connection No. 9, Schumate Chapel Interceptor 2 Lump Sum $ 3,150.00 50. Connection of Five Existing Sewers to Outlet Interceptor, Sta. 15+24 to Sta. 20+58 Lump Sum $ 1,750.00 51. Connection of Two Existing Laterals to Belair Interceptor, Sta. 26+50 to Sta. 27+50 Lump Sum $ 1,000.00 52. Slope Stabilization, Belair Interceptor, near Sta. 28+00 Lump Sum $ 1,250.00 ® 53. Removal of Geneva Pump Station Lump Sum $ 500.00 Article A. MAJOR ITEMS OF EQUIPMENT AND SEWER PIPE MATERIALS: SECTION A It is hereby expressly agreed that the Contractor will furnish and install in full compliance with the Plans and Specifications, the major items of equipment, as manufactured or supplied by the following listed manufacturers or suppliers: No. Description Manufacturer or Supplier 1. Raw Sewage Pumping Units Fairbanks-Morse 2. Submersible Flood Pumps ABS 3. Chemical Feed System Con-Se-Co 4. Manlift Langley 5. Automatic Transfer Switch Russell 6. Generator Cummins C-5 SECT It is hereby expressly agreed that the Contractor will furnish and install in full compliance with the Plans and Specifications, the sewer pipe material listed for the following sizes: Sewer Pipe Size Material 27-Inch Smooth PVC SECTION B It is hereby expressly agreed that the Contractor will furnish and install in full compliance with the Plans and Specifications, the sewer pipe material listed for the following sizes: Sewer Pipe Size Material 18-Inch Smooth PVC 15912, 8 and 6-Inch PVC Article 5. PROGRESS SCHEDULE: The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work. The contractors and subcontractors shall provide in writing within 30 days after initiation of construction a monthly schedule of estimated payments; and the schedules shall be updated any time there is a variation of accumulated percent of progress of more than 10 percent. Article 6. PAYMENTS TO CONTRACTOR: a. At least ten (10) days before each progress payment falls due (but not more often than once a month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten (10) days of presentation to him of an approved partial C-6 payment estimate, decide whether to pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten percent (10%) of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty percent (50%) of the work has been completed, if he finds that satisfactory progress is being made, may reduce total retainage to five percent (5%) of payments claimed. When the work is substantially complete (operational or beneficial occupancy), the retained amount shall be further reduced below five percent (5%) to only that amount necessary to assure completion. A cash bond or irrevocable letter of credit may be accepted in lieu of all or part of the cash retainage when it reaches five percent (5%) or less. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Authorized extra work shall be included in these monthly progress payments. The invoice shall be checked and corrected by the Engineer prior to submission to the City for payment. b. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. C. Prior to substantial completion, the Owner, with the approval of the Engineer and with the concurrence of the Contractor, may use any completed or substantially completed portions of the work. Such use shall not constitute an acceptance of such portions of the work. d. The Owner shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, or the restoration of any damaged work except such as may be caused by agents or employees of the Owner. e. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found by the Owner to be We the Contractor, including the retained percentages, but except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within thirty (30) days of completion and acceptance of the work. f. The Contractor will indemnify and save the Owner and the Owner's agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractors unpaid compensation a sum until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but C-7 In no event shall the provisions of this sentence be construed to impose any AMIL obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. g. If the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition to other remedies available to the Contractor, then shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. The legal rate of interest shall be as specified in YAMS 408.020. Refer to General Condition 19.7. Article 7. GUARANTEE: The Contractor and his Surety hereby expressly guarantee the aforesaid work as to workmanship and quality of materials used in connection therewith, for a term of one (1) year, commencing on the date of acceptance of the work or improvements, and binds himself, his successors or assigns, to make all replacements which may become necessary within that time due to nonconformity with the Specifications. Whenever notified by the City that said replacements are required, the Contractor shall, at once, make the same as directed, and at his own expense. If the Contractor does not proceed with such replacements within five (5) days of receipt of written notice, then the City shall have the power to cause the same to be made and to charge the cost thereof to the Contractor. Nothing in this Section is intended as a maintenance guarantee. Article 8. PREVAILING WAGES: This Contract shall be based upon payment by the Contractor and his subcontractors of wage rates not less than the prevailing hourly wage rate for each craft or type of workman engaged on the work. Prevailing wage rates shall be as determined by the United States Department of Labor and the Industrial Commission of Missouri. In case of conflict, the wages paid by the Contractor shall be not less than the higher of the prevailing wage determinations. In compliance with the Prevailing Wage Law, as Amended in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969, effective October 13, 1969, not .less than the prevailing hourly rate of wages shall be paid to all workmen performing work under this Contract, Section 290.250. The Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under said Contract, by him or any subcontractor under him. Section 290.250. Article 9. THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, General Conditions, Special Conditions, the Specifications, including Addenda Nos. 1, 2 3 4 5 and 6, the Proposal, the Plans and Bonds, together with this Agreement, orm C-8 the Contract. The Plans on file are as fully a part of this Contract as if ® hereto attached. J. C. INDUSTRIES INC. (Contractor) COUNTERSIGNED: Post Office Box 1264 ress Jefferson City, Missouri 65101 By Robert C. Philbert, secretary Ronald J. mig, President CITY OF JEFFERSON Owner 240 East Hi h Street AT T: d ress Jefferson City, Missouri 65101 ® BY - C-9 PERFORMANCE BOND KNOW ALL MEN BY THESE: PRESEN'T'S: that J. C. Industries, Inc. IName of Contractor) P. 0. Box 1264, Jefferson City, Missouri 65102 (Address of Contractor) a Corporation hereinafter called Principal, and ICorporatron.Partnership.or individual) American Casualty Company (Name of Surety) Reading, Pennsylvania (Address of Surely) hereinafter called Surety, are held and firmly bound unto City of Jefferson, Missouri (Name of owner) City Hall, Jefferson City, Missouri 65101 _ (Address of Owner) hereinafter called OWNER, in the penal sum of One Million Four Hundred Fourteen Thousand Nine Hundred Eighty and no/100----------------- Dollars, $(1-,4--14-.9-80-00 i in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of: Construction of Cole Junction Sewer Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract dur- ing the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall he void; otherwise to remain in full force and effect. PB-1 CONTRACT DOCUMENTS FOR CONSTRUCTION OF Document No.7 FEDERALLY ASSISTED WATER AND SEWER PROJECTS Performance Bond:Page 1 of 2 PROVIDED, F�RTHER, that the said surety, for value received hereby stipulates acid agrees that no change, extension of time, alteration or addition to the terms of the con- tract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CON- TRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each (Number) one of which, shall be deemed an original, this the day of 19_ ATTEST: J. C. INDUSTRIES, INC. ri al By Isl (Principaq Secretary (SEAL) (Witness as to Principal) (Address) (Address) AMERICAN CASUALTY COMPANY Surety ATTEST: (Surety)Secretary (SEAL) ARV_ By Witness as o Surety Attorney-in 101 E. McCarty Street 101 E. McCarty Street (Address) (Address) y Jefferson City, Missouri 65101 Jefferson City, Missouri 65101 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury De- partment's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. PB-2 Document No.7 Performance Bond: Pape 2 of 2 PAYMENT BOND r KNOW ALL MEN BY THESE PRESEN'T'S: that J. C. Industries, Inc. (Name of Contractor) P. 0. Box 1264, Jefferson City, Missouri 65102 (Address of Contractor) a Corporation hereinafter called Principal. (Corporation,Partnership or Individual) and American Casualty Company (Name of Surety) Reading, Pennsylvania (Address of Surely) hereinafter called Surety, are held and firmly bound unto City of Jefferson, Missouri (Name of Owner) City Hall, Jefferson City, Missouri 65101 (Address of Owner)One Miliion kF& e ` Our een Thoufsand Mine Hundred Eighty- hereinafter called OWNER, in the pens sum o Dollars, $( Q in lawful money of the Unile d States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 19 , a copy of which is hereto attached and made a part hereof for the construc- tion of: Construction of Cole Junction Sewer Project NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized exten- sion or modification thereof, including all amounts clue for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. ® PB-3 CONTRACT DOCUMENTS FOR CONSTRUCTION OF Document No.6 FEDERALLY ASSISTED WATER AND SEWER PROJECTS Payment Bond: Page 1 o12 PROVIDED, FATHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the con- tract or to the WORK to be performed thereunder or the SPECIFICATIONS accom- panying the same shall in any wise affect its obligation on this BOND, and it does here- by waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CON- TRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each (number) one of which shall be deemed an original, this the day of 19 ATTEST: J. C. INDUSTRIES, INC. Principal .(Princrpall Secretary f SEAL) By - s P. 0. Box 1264 _ (Address) Jefferson City, Missouri 65102 AVA Witness as to Principal (Address) AMERICAN CASUALTY WMPANY Surely y ATTEST: BY ��"l�J .�=/ "•�� C At tor neydn•Fact 101 E. McCarty Street Witness as to rely —�` (Address) 1Q1 E. McCarty Street Jefferson City, Missouri 65101 (Address) Jefferson City, Missouri 65101 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury De- partment's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. PB-4 Document No.6 Payment Bond: Page 2 of 2 Amerdcan Casualty Company of Regding, Pennsylvania CNA Offices/Chlesgo,Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN•FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office In the City of Chicago, and State of Illinois, does hereby make, constitute and appoint.I$II1C_9__M- Dent; Glenda A. Fry, .Tamps .T_ T andwphr- Tndividua lly of T flfprso i t L, Mf sanuri its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the-acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company: "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The President or a Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966: "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer- tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by Its Vice President and its corporate seal to be hereto affixed this 2nd day of July 19 80 Of AMERICAN CASUAL P 'OF READING, PENNSYLVANIA �vta*ue.�,ro 'x State of Illinois 1 JULY n. County of Cook ( ss Vice President. On this 2nd day of Jul 19 80 , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Western Springs State of Illinois; that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENN- SYLVANIA, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that It was so affixed pursuant to authority given by the Board of Direc- tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. NOTARY t, PUBLIC Edward 1 J. Haan(/III Not rY blic. °un My Commission Expires May 12, 1984 CERTIFICATE l P. F. Granahan , Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, do certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said Company this day of ® 19 Jug it F. Grans an � Assistant Secretary. 8.23142-B �� ° r�