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HomeMy Public PortalAboutORD11251 BILL NO. 89-4f SPONSORED BY COUNCILMAN ,SON ORDINANCE NO. . AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD STOCKMAN CONSTRUCTION CORPORATION FOR THE 1989 CURB AND GUTTER PROJECT, PHASE I. 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 an agreement with Willard Stockman Construction Corporation for the 1989 Curb and Gutter Project, Phase I, for a sum not to exceed $52,440. 15. Section 2. The agreement shall be substantially the same in form and content as that agreement 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. Pas ed �_ Approved �S�s es ding Office or ATTEST: i i City Clerk CITY OF JEFFERSON ANIL qV CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of N,u--.Ap-, 19,S�q_, by and between Willard Stockman Construction Corporation, after 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: 111989 Curb and Gutter Project, Phase logo NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time f©r 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 forty (40) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 2. Prevailing Wa es. All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by 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. 89-026-0057 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 Director of Public Works 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 Insurancg in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident, or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a) , (b) , and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. 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 . Contraotor's ResuoRoJbilJty 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 setforth, 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. hiauidated Damages. The Director of Public Works 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. Cityls Riaht 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. 8. 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 setforth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated June 6, 1989, 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. Contract Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Sid 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 2615 Schott Road, Jefferson City, Missouri 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. 1 ' 14. guriadjotion. 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 have ereunto set their hands and seals this day of , 19_ 1 CITY OF JEFFERSON, MISSOURI By yor ATTEST: CITY CLERK CONTRACTOR WILLARD STOCKMAN CONSTRUCTION, CORP. Title: FRANCIS"S. STOCKMAN, PRESIDENT ATTE T: t rY' i • c �..... Ii. ..,.i.��;war■�s■e1�p..�■aLm�� °��° �r�.ewy.., -.I� . �.a®� �!�,.� ,.... ,......�.,c,:.G.:.w.:.+., �dE (8M6e A 8 E:O!F INSUY ANCil� ISSUE DATE(MM/OD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Lackton Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW -. P.O. Box 8418 COMPANIES AFFORDING COVERAGE Prairie Village Ks 66208 COMPANY LETTER A Citizens (Hanover) . CODE SUB-CODE COMPANY B INSURED 158 LETTER Willard Stockman Construction COMPANY LETTER C Corporation 2021 I d 1 ewood COMPANY Jefferson City, MO 65109 LETTER D COMPANY E .}� LETTER yY J V0,V ,± a. ...Ti. _ ........ .. ... ... s.,.... ,r ..., 4 _ ,...,. ... 1..... i. ,« ... ..,t. ...... .,�t ...r{ .r�. ..,}�.... ,.�J•:.M, .iv.fJ..{,h�N:,J THIS IS TO CERTIFY THAT THE 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO ! TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR: DATE(MMIDDIYY) DATE(MMIDDNY) GENERAL LIABILITY GENERAL AGGREGATE i$t?"(�Q'� _..... q )S COMMERCIAL GENERAL LIABILITY Z20136861 03/31/90, 03/31/91 PRODUCTS•COMPIOPS AGGREGATE'$2400. CLAIMS MADE' )i OCCUR. PERSONAL 6 ADVERTISING INJURY $1000 _. . OWNER'S 6 CONTRACTOR'S PROT.: EACH OCCURRENCE i;1000 FIRE DAMAGE(Any one fire) !3 550 MEUICAL EXPENSE(Any one person) S UTOMOBILE LIABILITY COMBINED X ANY AUTO ABK2739013 03/31/90 : 03/31/91 SING $ 1000 I ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY X INJURY $ X .NON-OWNED AUTOS (Per accident) GARAGE LIABILITY ;PROPERTY DAMAGE s _._.._..._...... . ;..... .. _ -.. .. EACH AGGREGATE EXCESS LIABILITY OCCURRENCE ' Umbrella Form 'Not Applicable s s OTHER THAN UMBRELLA FORM J. _.. XXXxxXXXXx., STATUTORY WORKER'S COMPENSATION $ ...100 .(EACH ACCIDENT) — _ A; AND WBK2453687 03/31/90 ' 03/31/91 ': $ -500 (DISEASE—POLICY LIMIT)_. EMPLOYERS'LIABILITY ....__.,..._.......... . .. ...... __. $ 100 (DISEASE—EACH EMPLOYEE) OTHER A ' Rented/Leased ' 72086861 03/31/90 03/31/91 $50,000 limit per Equipment form others ite.n/disaster, AR, $500 ded. DESCRIPTION OF OPERATIONS/LOC#TIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS 1989 Storm Water Drainage Project, Phase I C£RTIFICATE.H.OLDER; CMlCO:LE:ATION 43630 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Jefferson City, MO :` EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 E. McCarthy MAIL —— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, MO 65101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AU7H RESENT y� , ,., .a R1.. y .r 1 F rr '" ' t� 4 xa,w •q,.w-...c .o-,, • s.4I�� R .:cr tr`�.is _lA', .�. r..' 1,.1:�i,�' ', fa '.4G:ik. '�tl''`,-!411/••",....,. '$ n � r THE AMERICAN INSTITUTE OF ARCHITECTS' Bond No . S13 41 50 AIA Document A312 Performance Bond Any singular reference to Contractor, Sunvty, Owner or ntlu•r party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Willard Stockman Construction Corp . Employers Mutual Casualty Company 2615 Schott Road P. 0 . Box 712 Jefferson City, MO 65101 Des Moines , Iowa 50303 OWNER (Name and Address): City of Jefferson , Missouri Jefferson , MO 65101 CONSTRUCTION CONTRACT Date: June 201 1989 Amount:Fifty-Two Thousand Two Hundred Twenty-Six & 65/100 Dollars ( $52 ,226 . 65 Description (Name and Location): 1989 Curb and Gutter Project , Phase I BOND Date (Not earlier than Construction Contract Date): June 20 , 1989 Amount:Fifty-Two Thousand Two Hundred Twenty-Six & 65/100 Dollars ( $52 ,226 . 65 Modifications to this Bond: Q None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Willard Stockman Cons uct ' n Corp . Employers Mutual Casualty Coy ' r 1 Signature: Signal- Name and Title: FRANCIS S. STOCKMAN, PRESIDEbftame and itle: J net . McRill ttorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Insurance Agency other party): P.O. Box 8418 Prairie Village, Kansas 66208 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT WNU•UECEMIUER IIN ED.•AIA 4 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASIIINGTON,D.C.20006 A312-iSU a + 4, The"tontractor and the Surely, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, admi11islydtors, soon as practicable after the amount is del(er- successors and assigns to the Owner for the p(•rlorinance mined, tender payment therefor to the of the Construction Contract,whir.h is incorporated herein Owner; or by reference. ,2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation S 11 the Surely does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surely shall be deemed provided in Subparagraph 3.1. lei be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional wrilivri notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the rem(-dy available to the Owner. If the Surely proceeds as Surely at its address described in Paragraph III below provided In Subparagraph 4.4,and the Owner refuses the- that the Owner is considering declaring a ( ontrador payment tendered or the Surety has denied liability, in Default and has requested and attempted a) arrange a whale or in parr,without further notice the Owner shall be conference with the Contractor and the Surety In be entitled Io voforce any remedy available to the Owner. held not later than fifteen days after re(eipt of such notice to discuss methods of performing Iht-Cooslrm- 6 After Iliv Owner has terminated the Contractor's right tion Contract. If the Owner, the Conlraclor and the Io complete the Construction Contract, and it the Surety Surely agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able lime to perform the Construction Contract, but then the responsibilities of the Surely to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the- any,subsequently to declare a Contractor Default; and Construct(oi( Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right In complete amounl of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not he de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contra(lo►r and (osts and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ly is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Bai.m v of the tson of defective work and completion of the Construc- Contract Price to the Surely in accordant- with the lion Contract; of the Construction Contract or to a (olnlractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with 111e Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construe• obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Can- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to he pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owners concurrence, to be secured related subcontracts, purchase orders and other obli 1a with performance and payment bonds executed by a b lions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this hand amount of damages as described in Paragraph G in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and Shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default or within two years after the Conlraclor (eased for completion, or obtain a new conlractor and with working or within two years after the Surely refuses or(ails reasonable promptness under the circurew,in(es: U)perform its obligations under this Bond,whichever oc- (urs first. If the provisions of this Paragraph are void or .1 After investigation,determine the amount (or prohibited by law,the minimum period of(imitation avall- AIA DOCUMENT A312•PERFORMANCE BOND AND 1'AYhUNF IIOND•UECEI61HIR 1164 U). •AIA • YHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE..N.W.,WAIHIN(;TON,U.C. "M A3112.1954 2 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re• be mailed or delivered to the address shown on the Sig• ducc•rl by all valid and proper payments made to or on nature page. behall of the Contractor under the Construction Con- Iracl. 11 When this Bond has been furnished to ctm►ply wish a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the lot align where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in thi% nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement ohangp-% thereto, shall be deemed deleted herefrom and pruvi%ions can- forming;to such statutory or other legal reriuirvmcnl shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is Ihal this whit I► has neither been remedied nor waived, to per. Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- 12.1 B la the Owner t the Contrast I wider the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including; allowan(v to the Con. thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parlie%, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature, Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMINT BOND• INt 1MI11R Ir NN !D. AIA • THE AMERICAN INSTITUTE OF ARCHITECTS.1735 Nt%V VORK AVE,,N.W.,WAW41W;TON.D.C.Zxwb A312-I M 3 THE AMERICAN INSTITUTE OF ARCHITECTS • A Bond No . S13 41 50 AIA Document A312 Payment Bond Any singular reference to Contractor, Suro•Iv, Owner or ullu•r pwry shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Willard Stockman Construction Corp . Employers Mutual Casualty Company 2615 Schott Road P . 0 . Box 'T12 Jefferson City , MO 65101 Des Moines , IA 50303 OWNER (Name and Address): City of Jefferson , Missouri Jefferson , MO 65101 CONSTRUCTION CONTRACT Date: June 20 , 1989 Amount:Fifty-Two Thousand Two Hundred Twenty-Six & 65/100 Dollars ( $52 ,226 . 65 Description (Name and Location): 1989 Curb and Gutter Project , Phase I BOND Date (Not earlier than Construction Contract Dale): June 20 , 1989 Amount:Fifty-Two Thousand Two Hundred Twenty-Six & 65/100 Dollars ( $52 ,226. 65 Modifications to this Bond: 12 None 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Willard Stockman Co st uct on Corp . Employers Mutual Casualty Company Gam"'"' Signature: Si},natur ' Name and.Title: FRANCIS S. STOCKMAN, PRESIDENT Name and Ti le: Ja et L . McRill ttorney-in-Fact (Any additional signatures appear on page h) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Insurance Agency other party): ® P.O. Box 8418 Prairie Village, Kansas 66208 AEA DOCUMENT A312•PERFORMANCE OUND AND PAYMI N1 BONI)• UU'I MIIER 14M1 ED.•AIA THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASIIINGTON.D.C. 200W A312.1984 4 1 The Contractor and the Surely, jointly anti sew'rally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirit, executors, administrators, graph 4, the Surety shall promptly and at the Surety's ex• Aft successors and assigns to the Owner to pay for labor, pelisse' lake the following actions: matirials and equipment furnished for use in file perfor. 6,1 Send an answer to the Claimant,with a copy to lite mance of the Construction Contract,which is int orporated Owner,within 45 days alter receipt of the claim,stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall Ice null lenging any amounts that are disputed. and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, arhhounls. (or all sums due Claimants, and 7 'Fit(.. Stitely's filial obligation shall not exceed the 2.2 Defends, indemnifies and holds harmle.c the amouol of dos Bond,and the amount of this Bond shall be Owner from all claims, demands, Hens oi- •url% by any t rediti:ef ior,irry payments made in good faith by the Surely. person or entity who furnished labor, materials or 0 ninour•t• o".od by the Owner to the Contractor under equipment for use in the performance of tht (#rnslrut• the Consitoctorsi Contract shall be used for the perfor- bun Contract, provided the Owner has proinplly noli• Dian((of tit•(a,nstruction Contract and to satisfy claims,if tied the Contractor and the Surety (at thr .rrltirt-ss de try, under .i ,y Construction Performance Bond. By the senbes in Paragraph do of any claim., dt n„Ott m lions I imira(tor turn„hin);and the Owner accepting this flond, liens Butts and tendered Contractor ill runt c fit,. (re and they agree that all funds earned by the Contractor in the liens a suits to the CUner t<,r and tht surely, and perlorinanr v of the Construction Contract are dedicated tit provided there is no Owner Llefault' satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation -1,,111 he null this Band, ,ubrect to the Owner's priority to use the funds and void if the Contractor promptly make% pavint-M, di• for lite completion of the work. rectly or indirectly, for all sums clue. 9 The Sur•ty shall not be liable to the Owner. Claimants 4 The Surely shall have no obtrhatinn to Cl,umar,t%under or others for obligations of the Contractor that are unrelat- this Bond until: ed Ili the Construction Contract, The Owner shall not he leable for paymrnl of any costs or expenses of any Claimant 4.1 Claimants who are employed b�• or hive it direct under this Mond, and shill have under this Bond no obriga- contract with the Contractor have given notice to the lions to make payments lo, give notices on behalf of, or Surety (at the address descrtht d in Paragraph 12) and otherwise have obligations to Claimants under this [fond. sent a copy,or notice thereof,to the Owner.staling that a claim Is being made under this Bond and. wilh sub- 10 The Solely hereby waives notice of any change.includ- stantial accuracy, the amount of the claim. ins, changes of time, to the Construction Contract or to related subtonrracts, purchase Girders and other obliga• 4.2 Claimants who do not have a direct contract with lion%. the Contraclor: .1 Have furnished written notice In Ilia Con- 111 No suit or action shall be commenced bl' a Claimant under this Mond other than in a court of competent lurtsdic- tractor and sent a copy, or notice thereof, to lion in itre location in which the work or part of the work is the Owner, within 'N) days after having last located or after the expiration of one year from the date 111 performed labor or last furnished materials or on which the Claimant gave the notice required by Sob- equipment included in the claim stating,with paragraph 4 1 r.•r Clause 4.2 (iii), or (2) on which Ike last substantial accuracy, the amount of the claim labor or tic rice was performed by anyone w the last mate• and the name of the party to whom the male- rials or equipment were furnished by anyone under the vials were furnished or supplied or(or whom Construction Contract, whichever of(1)or(2)first occurs. the labor was done or performed; and 11 the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be apphca- in 30 days of furnishing the abnvt+ notice any hie'• communication from the Contractor by whit It 12 Notice to the Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be he mailed or delivered In the address shown on the sig- paid directly or indirectly; and nature page.Atlual receipt of notice by Surely,the Owrher .3 Not having been paid withintheahove if)day%. or the Contractor, however accomplished, shall he .uffi- have sent a written notice to the Surely(at the rienl compliance as of the date received at the address address described in Paragraph 121 and sent a shown on the signatute page. copy,or notice thereof, to the Owner, %wlioh 13 When thus Bond has been furnished to comply with a that a claim is being;made under This Bond and slalutory or other legal requirement In the location where enclosing a copy of site previous written now a the construction was to be performed,any provision in this furnished to the Contractor. (fund conflieting'wah said slalutury or legal requlremethl S If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con• to the Contractor or to the Surely,that is sufficient coinpli- forming to such statutory or other legal requirement shall ante, be deemed incorporated herein. The Intent is that this AM DOCUMINT 43I2- P(RrORMANCt UOND AND 1'AYMIN( 110NO•INUIMUIR I'M 11). -AIA • ?NJ AMIRICAN INSTITUTI Of ARCHITICTS,MS NIW YORK AVE.,N.W.,WASHIWAON,V.C. am, A312.1954 5 a Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 1e Upon request by an�person qr entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary o this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 1SA Claimant:An individual or entity having a dived nature page, including all Contract Documents and contract with the Contractor or with a suh►untractor of changes thereto. the Contractor to furnish labor, matcrial. nr equip- 1S.2 owner Default: Failure of the Owner,which has ment (or use in the performance of the('►►r►Iract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other,terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: '(Corporate Seal)`:: Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT 1312•PERFORMANCE FOND ANU t•AYMINI $ONO•UICEMMIR 1'44 I.D. •AM • THE AMIRICAN INSTITUTE OF ARCHITECTS,1n$NIW YORK AVE..N.W.WASHINGTON,V.C.2a1a A312-Im 6 • Employers Mutual Companies P.0. Box 712 Des Moines,Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL. ATTORNEY-IN-FACT Notice:The warning elsewhere In this Power of Attorney affects the validity thereof.Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company,an Iowa Corporation Illinois Emcasco Insurance Company,an Illinois Corporation Emcasco Insurance Company,an Iowa Corporation Dakota Fire Insurance Company,a North Dakota Corporation Union Mutual Insurance Company of Providence, American Liberty Insurance Company,an Alabama Corporation a Rhode Island Corporation hereinafter referred to several) as"Com an "and collective) as"Companies",each does,b these resents,make constitute and appoint: T JOHN T. LOCKTON, III, JAMES C. PATEIDL, MICHAEL D. FROSY, DAVID M. LO�KTON, MERLIN D. REDFIELD MICHAEL D. WHIPPS, JANET L. MCRILL, BARBARA M. THACKER, SAMUEL G. TOBIS, RICHARD A. BUMGARDNER LINDA S. .REYNOLDS, INDIVIDUALLY, PRAIRIE VILLAGE, KANSAS-------------------------------------- its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory Instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS---------------------($500,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1990 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on March 9,1983.'- RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute'on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of in and•other writings obligatory in the nature thereof, and(2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power of attorney issued.to them, to execute and'deliver.on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemntty,-'and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall,be,fully and'in all respects blinding upon the Company.Certification as to the validity of any power of attorney authorized herein'made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company.The facsimile or n',echanicelly_reproduced.signatuf@ of.such.officer,whether.made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF,The Companies have caused these prase is to be signed for each by their Ch irman and Assistant Secretary,and the Corporate seals to be hereto affixed this 11th day of �SeDtember _ _ ,19 $1 . WARNING. This power invalid if red diagonal imprint"Employers Mutual Co anies"is not presont in its entirety,and if the signatures of the officers and notary public do not appear in blue,and if the"EMC"w rma does t appear in the top half center of the page. Seals r l �y� ����-�'(^•-� �.•`�„11NSU�''. , IN S11 C,V...r , „Hq' :,�15 Nnnb CO'., :�5Q1 1 nu 194 �,y�+; `,`q Hp°R'• = ��. PPOR 4" Robb B.Kelley John M.Van Sloun ��':ns r� '� Chairman Assistant Secretary -o SEAL -i= `_= 1863 0; 1953 11th September 88 2• ;y, R1• o�;' %b��•, ,�`'��aaD�� On this day of AD 19 before %,�i ',,,,rr•`'*�`;� '•.�iy""""�N'�.� ;, b'� ""r 1 me a Notary Public in and for Polk County,Iowa,personally appeared Robb B. ����� I ,,,, Kelley and John M.Van Sloun,who being by me duty sworn,did say that they ���,,,,,,,,,,, �� ,� ��� ,� are, and are known to me to be the Chairman and Assistant Secretary, �,�\tySURANC "'�NSURgNC° ".1 �U1ugf�''� respectively, of each of The Companies above; that the seals affixed to this O %9YaFC't, QF`,i,,0R4 F QS,Mnu,,,4J'%a �c,�`°pPOR4��.:0�= =Q:�`°p poRq,,:.0 :o;`°QPoRq _ instrument are the seals of said corporations;that said instrument was signed -„_ - _oZ- -�? - and sealed on behalf of each of The Companies by authority of their respective y SEAL s SEAL 2; ;o, SEAL ?o Boards of Director:; and that the said Robb B.Kelley and John M.Van Sloun ,.� ;o.%,� ,.•P bF�,,,�� ��.• Q��: acknowledge the execution of said instrument to be the voluntary act and deed '•.,,��owP,��..``, �'•;°Rr N 00-0 0 '•,,MOINES.''%1"% of each of The Companies. My Commission Expires October 2. 1989 4 ifRI8T1E L TjMES Notary Public ® CERTIFICATE I,Richard E.Haskins of the Employers Mutual Casualty Company,do hereby certify ttgefhae jt tr f�1?SVn1T ol f the Boards of Directors by each of The Com?sriand tit�t of/f they eur�et + + • on behalf of D. 1 1i Janet., M�Rill, Barbtara M. Mmicker, Sm� *3 G. Tobis J&Biq�ay + are true and corrac 'an-Tare st+ r u(force and ekec, S. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this c Form 7832 Fourth Reprint Vice-President THE LOCKTON INSURANCE AGENCY 7400 State Line Road, P.O. Box x416 Prairie Village, Kenses 66206-0416 913-676-9000 Telex 417069 June 15, 1989 City of Jefferson, MO RE: Willard Stockman Construction corp. Bond,'No. S 13 41 50 1989 Curb & Gutter $52,226.65 This letter will serve as your authority to data. the Bonds and the Powers of Attorney on the above captioned project. Very truly yours, EMPLOYERS MUTUAL CASUALTY COMPANY Ja a McRill Attorney-in-Fact cc:Employers ,•... � `tf r,2t.,,.�G.;fix....✓.�K1"i�.fr+ Mlolt"e ISSUE DATE(MMIDDIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, LQckton Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Hex l la Prairie Village Ks 66208 COMPANIES AFFORDING COVERAGE COMPANY A LETTER California Compensation (Hanover) CODE SUB-CODE COMPANY I3 INSURED 158 LETTER Massachusetts bay (Hanovel-) Willard Stockman Construction COMPANY Corporation LETTER C Star Route 2, Schott Road COMPANY Jefferson City, MO 65101 LETTER D COMPANY E LETTER COVE5AGE8:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN5URE`J 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR. DATE(MMIDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 52000 A X COMMERCIAL GENERAL LIABILITY .Z20$68fi1 03/331/89 03/31/90 PRODUCTS-COMP/OPSAGGREGATE s2000 1 CLAIMS MADE X 'OCCUR.: PERSONAL&ADVERTISING INJURY $10100 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1000 FIRE DAMAGE(Any one fire) SSO MEDICAL EXPENSE(Any one person) $5 AUTOMOBILE LIABILITY COMBINED X '.ANY AUTO ADK2739013 03/31/83 03/31/90 LIMIT $ IQ7sIt!? ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident)' GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE Umbrella Form Not Applicable $ $ OTHER THAN UMBRELLA FORM Y x)<X)()( H X X X X x X X X X WORKER'S COMPENSATION STATUTORY $ 100 (EACH ACCIDENT) AND A WICK2453667 03/31/813 03/31/90 s 500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 100 (DISEASE—EACH EMPLOYEE) OTHER A Rented/Leased 03/31/89 03/31/90 $50,000 lmt. per Equipment; form others item/disaster, AR, $500 .ded. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIRESTRICTIONSISPECIAL ITEMS re: 1989 Curb & gutter project, phase 1, Ware Ave. & Satinwood sidewalks. CERTIFICATE:HOLDER CANCELLATION y:4s xx: 40630 SHOULD ANY OF THE ABOVE DESCRIBED�QOLICIES BE CANCELLED BEFORE THE City ty of Jefferson City, MO EXPIRATII�ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 E. McCarthy MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, MO 65101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE • � • 4, AWIM cowrIMTioa 1918 Memo. INSURANCE BINS IBS DATE(MMIDDTYY) 6-1a-89ts THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO'THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM UCER COMPANY BINDER NO. Hanover 6-401E Lockton Insurance Agency DATE EFFECTIVE TIME DATEXPIRATION TIME P.O. BOX 8418 12:01 X AM X 12:01 AM Prairie Village, KS. 66208 6-14-89 PM 8-14-89 NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO: CODE SUB-CODE DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(Including Location) 1989 Curb & Gutter Project INSURED Phase I City of Jefferson City Mo. Ware Ave. & Satinwood 320 E. McCarthy sidewalks Jefferson City, MO. 65101 COVERAGES ALL LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE COVERAGEIFORMS AMOUNT DEDUCTIBLE COINSUR. PROPERTY CAUSES OF LOSS BASIC BROAD SPEC. GENERAL LIABILITY Contract Cost GENERAL AGGREGATE $ X COMMERCIAL GENERAL LIABILITY $52,226.65 PROD.—COMP/OPS AGGREGATE $ CLAIMS MADE X OCCUR PERSONAL&ADVTSNG.INJURY S X OWNER'S&CONTRACTOR'S PROT. *$lOO,000�$800,000 limit per person EACH OCCURRENCE $ * *800,000 limit per occurrence FIRE DAMAGE(Any ono fire) $ RETRO DATE FOR CLAIMS MADE: N/A MED.EXPENSE(Any one person) $ AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL $ LIABILITY BI PERS/ACCID S NON/OWNED PD $ HIRED MED.PAY $ GARAGE PIP $ UM $ AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED. STATED AMOUNT $ OTC DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTI'E4 THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: STATUTORY WORKER'S COMPENSATION $ (EACH ACCiDE•NT) AND EMPLOYER'S LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONSIRESTRICT1ONS.'OTHERCOVERAGES Designated Contractor: Willard Stockman Construction Corp. Star Rt. #2, Schott Rd. Jefferson City, MO. 65101 NAUk'iZ ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN K AUTHORIZED PRESENTATIVE ®'ACORD CORPORATION 199