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HomeMy Public PortalAboutORD10201 BILL NO. " SPONSORED BY COUNCILMAN ® ORDINANCE NO. 1 Q;Lo / AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN CONSTRUCTION CO. , INC. FOR THE JEFFERSON STREET AND FRANKLIN STREET CURB AND GUTTER 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 Willard Stockman Construction Co. , Inc. for the Jefferson Street and Franklin Street curb and gutter project for the sum of $256, 982. 91. 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 �r-- 02� — p �` Approved --e Pres ding Officer/ o.� Mayor ATTEST: City Clerk ® REQUEST FOR CONSENT AND ASSIGNMENT OF CONTRACTS The Willard Stockman Construction Co. , Inc. has become the successful bidder on two city projects, Jefferson and Franklin Streets project and 1984 curb and gutter project phase one. Willard Stockman Construction Co. , Inc. has sold its assets to Willard Stockman Construction Corp. In accordance with the terms of the contracts, we hereby request permission to assign the above contracts to the Willard Stockman Construction Corp. and subject to the approval of the City of Jefferson do hereby assign said contracts to the Willard Stockman Construction Corp. WILLARD STOCKMAN CONSTRUCTION CO. , ® C�.� ATTEST: By INj%'.��� ' W�Trd Stockman , Presi ent . ranc s oc man, ecre ary Willard Stockman Construction Corp. hereby accepts the assignment of the contracts on the above city projects and agrees to complete the contracts in accordance with the plans and specifications on file with the city and agrees to furnish all necessary insurance and bonding. W ARD STOCKMAN C NSTRUCTION CORP. AT T: By Francis Stockman , President rnon L. Hemmell- SeVretary- REQUEST FO? CURS ENT AND OP CONTRACTS The Stockman Construction Co. , Inc. hzs become the successful biddct6r on two cite pro je cts ; Jeffers ancj r'r�r.Klir: Streets project z.no 1964 cure and (.utter project prase one . Willard StocX-,::<:n Ccrst:ruct ion Co. . Inc . has sold its r.ssets to Willcr6 Stockman Construction Corp . In accordance witri the terns of the contracts , we hereby request perr,:ission to assign the above contracts to the Willer(, "4tocxnian Construction Corp. and subject to the approval of the City of Jefferson do hereby F:ssir,n said contracts. to the t;illaro Stockman Construction s, Corp. i:ILLAIiD STOCKMAN CONS1.'iiUCTION CO. , INC. . � willar. d Stockman , Presiclent r r2r,CiS StQCIC7212n, iHCrC cry Willard 5tockrrz-n Construction Corp hereby accepts the assignrnent of the contracts c.)n the zribove city projects arid arees to complete the contracts in accor�;ance with the plans and specifications or., file with the city and agrees to furnish all necef fiery i nsura:nc�3 ar:d Bondi na . ,N _..... F r a n c is Stockman , President errion . � i, u.. . .� RS 84-14b R E S O L U T I O N Is A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE ASSIGNMENT OF CONSTRUCTION CONTRACTS. BE IT RESOLVED by the Council of the City of Jefferson, Missouri, as follows: That the Council hereby approves assignment of the construction contracts for the Jefferson Street and Franklin Street Project and the 1984 Curb and Hutton Projects Phase I from Willard Stockman Construction Co. , to Willard Stockman Construction Corp. ADOPTED THIS DAY 1984 . ayor ATTEST: CIA- i y er CONTRACT 'FOR PUBLIC WORKS loop& This Contract is made and entered into this loth day of June , 1984 , by and between the City of Jefferson, Missouri (City) , and Willard Stockman Construction Corp. (Contractor) . WHEREAS , the City Council of the City of Jefferson, Missouri , did on the day of , 1984 , award to the Contractor the bid of the improvement of 1984 Curb and Gutter Projects Phase I , including Nebraska Street , Indiana Street , Hart Street and a portion of West Miller Street . NOW, THEREFORE, for and in consideration of the awarding of this Contract and the work thereunder by City to the Contractor, the Contractor does hereby contract and agree to do and perform said work, above specified and referred to, for the following prices and to accept in payment therefor : 1 . Special Tax Bills to be issued by the City against the real estate subject to the payment of said improvements at the rate of $7 . 50 per front foot as provided by law, and 2. Monies from the treasury of the City, upon acceptance of said work by the City Council of the City . The approximate quantities , unit prices and total amounts are as shown in the Itemized Proposal attached hereto as Exhibit "A" . Upon completion of the work, readjustments in the contract price shall be made according to actual measurements and at the price per unit specified in the Contract . It is agreed and understood by the parties hereto, that this Contract is entered into subject to all existing ordinances of the City p.ertain.ing to the work awarded and subject to the plans and .• specifications and estimates of the costs for work on file in the office of the City Clerk, and which shall be considered a part of this Contract ; that all questions arising as to the proper perfor- mance of this Contract of- such work in accordance with the plans and specifications therefor , and estimates thereof , shall be decided by the Director of Public Works of the City of Jefferson , Missouri , or by such competent person appointed by the Mayor and the City 0 ' . Council of the City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Public Works ; that in the case of improper construction , the City reserves the right at any time to suspend , relet or order an entire reconstruc- tion of the work; that Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within Fifty (50) working days thereafter. The City reserves the right at any time to suspend, relet or order an entire reconstruction of the work awarded and to declare the contract forfeited , but such suspension, reletting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor 's noncompliance with this Contract . Liquidated damages of One Hundred Dollars ($100) per day will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof . The Contractor agrees to pay all classes and crafts of labor sed in the performance of this Contract the prevailing hourly rate qW of wages as determined by the Department of Labor and Industrial Relations and Contractor acknowledges that he knows the prevailing hourly rate of wages for all the classes and crafts of labor to be used in the performance of this Contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No . 4-026-086 in which the rate of wages are set forth. The Contractor further agrees that he will keep an accurate record showing the names and occupation of all workmen employed by them in connection with the work to be performed under the terms of this Contract . Record shall show the actual wages paid to said workmen in connection with the work to be performed under the terms of this Contract . Contractor further agrees that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other authorized employee of the City . In compliance with the Prevailing Wage Law, as amended in Sections 290. 210 to 290. 340 inclusive, RSMo 1969, effective October 13 , 1969, not less than the prevailing hourly rate of wages in the Jefferson City area shall be paid to all workmen performing work under this Contract , Section 290. 250. The Contractor shall forfeit to the City Ten Dollars ( $10) for each workman employed, for each calendar day, or portion thereof, such workman is paid less the stipulated rates for any work done under said Contract , by him or any subcontractor under him, Section 290. 250. Contractor agrees to completely indemnify and hold harmless the City for any and all damages , injuries , actions , costs , attorney 's fees and all other expenses whatsoever , arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties , in no manner connected with said work. All interlineations , corrections , deletions and changes herein have been prior to the execution of this Contract . Contractor shall procure and maintain during the life of this Contract: a. Workman '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 Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ($100, 000) for any one person in a single accident or occurrence , except for those claims governed• by the provisions of the Missouri Workman ' s Compensation Law, Chapter 287 , RSMo , and Contractor ' s Property Damage Insurance in an amount not less than Eight Hundred Thousand Dollars ( $800 , 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ( $100, 000) for any one person in a single accident or occurrence .. . c . Automobile Liability Insurance in an amount not less than Eight Hundred Thousand Dollars ( $800 , 000) for all claims arising out of a single occurrence and One Hundred Thousand Ir Dollars ( $100, 000) for any one person in a single accident or occurrence . d, City Listed as Additional Insured : The City shall be listed as an "Additional Insured" on the Contractor 's public liability insurance and automobile liability insurance policies . as The Certifications of Insurance furnished to the City showing proof of compliance with these insurance require- ments shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least ten (10) days prior written notice has been given to the City . IN WITNESS WHHEEEOF, the parties have hereunto set their hands and seals this CAvnt day of Q!t!:2t1?- 198 . CITY OF JEFFERSON, MISSOURI ayor Attest : 44a'e';e City Clerk WILLARD STOCKMAN CONSTRUCTION CORP. By President Contractor Attest : 1 . ITEMIZED PROPOSAL • NEBRASKA STREET AND INDIANA STREET STREET ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT N0. QUANTIT PRICE 1 .0 Removals and Demolition L.S. 6.400.00 6.400.00 2.0 Grading and Excavation L.S . C-1137 . 84 cu.yds F-495 . 85 cy . ds . 7,700.00 7 700.00 3.0 Curb and Gutter L.F. 3400 6" Type "A" 7.50 25,500, 4 .0 6" P.C .C. or 7" Asphaltic S .Y . 3500 Pavement 5.0 6" P.C.C. Drive Aprons S .Y . 110 (residential ) 5. 1 6" P.C.C. Drive Aprons S .Y. 6 . 73 ( commercial ) 16.00 107.68 6.0 4" P.C .C. /Asp. Drive S .Y . 43 . 7 Replacement 12.00 524 6.1 Crushed Stone Drive Replaceme t Tons 10 10.00 100.00 7 .0 Seeding and Mulching Acres . 5 2,100.00 1,050.00 8.0 8" Sanitary Sewer Renovation L.S . 2.892.00' 2 X392.00 TOTAL 86,064.08 ITEMIZED PROPOSAL NEBRASKA STREET AND INDIANA STREET STORM SEWER ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT N0. QUANTITY PRICE 1 .0 15" C. S .P. L.F. 225 15.00 3,375.00 1 .1 18" C. S . P. L.F . 52 18.00 936.0 2.0 4x3 Curb Inlet Ea. 6 (Type "A") 750.00 4,500.00 2 . 1 4x3 Drop Inlet Ea. 1 (Type "B" Mod . ) 750.00 750.00 3.0 Chat Backfill for Street Tons 45 Crossings 8.50 382.50 TOTAL 9,943.50 Amh r ITEMIZED PROPOSAL • HART STREET AND WEST MILLER STREET Aft -STREET ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT NO. QUANTIT PRICE 1.0 Removals and Demolition L. S . 4.990.00 4.990.00 2. 0 Grading and Excavation L. S . 652. 59 cu.yds . F-254 . 46 cu.yds . 5,100.00 5,100.00 3.0 Curb and Gutter L.F. 1007 6" Type "A" 7.50 7,552.50 4.0 6" P. C.C . or 7" Asphaltic S .Y. 1970 Pavement 11. 50 22 655,00 5. 0 6" P.C.C . Drive Aprons S.Y. 26 (Residential ) 14.00 364.0 5.1 6" P .C. C . Drive Aprons S .Y. 155 (Commercial ) 14.00 2,170.00 6.0 4" A.C. Alley Replacement S .X. 258 7 . 0 4" A. C. Drive Replacement S .Y. 54 16.40 885.60 7„1 4" P.C.C. Sidewalk Replacement S .X . 5 a 00 5-rA6 60.00 7 . 2 Crushed Stone Drive Tons 1 Replacement 20.00 20.00 8. 0 4x3 Curb Inlet (Type A) Ea. 2 750.00 1,500.00 9.0 12" R.C. P. (in palce) L.F . 34 14,00 .476.00 10.0 12" R.C . P. End Section Ea. 2 (in place ) 100.00 200.00 11 . 00 Seeding and Mulching Acres 0. 30 2,100.00 630.00 12 . 00 Rolled Stone Base Alley Tons 25 9.00 225.00 TOTAL 491 D2. .10 1�5,D28.6g GRAND TOTAL r. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A317 Bond No. 030 SB 026569BCA Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY 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 Willard Stockman Construction Corp. (Here insert full name and address or legal wle of Conlracwrl Star Route 2, Schott Road, Jefferson City, Missouri 65101 as Principal, hereinafter called Principal, and, The Aetna Casualty and Surety Company (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson City, Missouri (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Forty-Five Thousand Twenty-Eight and 68/100 (Hare insert a sum equal to at least one-half of the contract price) Dollars ($145,028.68 �r 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 June 18 19 84 , entered into a contract with Owner for (Here insert full name,address and description of project) 1984 Curb and Gutter Projects Phase I, including Nebraska Street, Indiana Street, Hart Street and a portion of West Miller Street in accordance with Drawings and Specifications prepared by (Hare insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 a PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA A FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 3 LABOR AND MATERIAL PAYMENT BOND NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is Such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however,to the fol- lowing conditions: I. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal. Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety 190) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were boded in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall c) Other than in a state court of competent jurisdiction not be liable for the payment of any costs or expenses of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good ner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 18th day of June 1984 Willard Stockman Construction Corp. (Principal) (stall 11illil The Aetna Casualty and Surety Company (Surely) iap rWUni-ko Stephanie L. Osborne I Ir,l C11 Ord B. Young Attorney-in-Fact MA DOCUAHNT A311 • PERFORMANCE BOND AND LANUR AND MATERIAL PAYMENT BOND • AIA A FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE W ANO:HITtC15,17JS N.Y.AVE.,N.W.,WASHINGTON,D.C.MM 4 THE oETNA CASUALTY AND SURETY COMPANY ® e Hartford,Connecticut 06115 LIFE d CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISI-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE,ETNA CASUALTY AND SURETY COMFANY,a corporation duly organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford.County of Hartford,State of Connecticut,path made,constituted and appointed,and does by these protents make,constitute and appointJohn T. IAekton,Jr. John T. LOckton,III or Thomas E. Johnston, Mission Hills,Kansas or Jaynes C. Pateidl, Michael C. Frost, Michael D. Whipps or Clifford H. Young, Overland Park,Kansas or Cary F. Hambright, David M. Lockton, William M. Frick or Janene R. Downey, Kansas City, Missouri or Merlin D. Redfield, Lenexa, Kansas or Don Q. Osborne, Leawood, Kansas or William L. Prick,Shawnee Mission,Kansas - - of XXXXXXXXXXXXXXXXXXXXxxxxxxxxxxxxx Xxits true and lawful Atiorney(s)in-Fact,with full power and juthonty hereby conferred to sign,execute and acknowledge,at any place within the United States,or,if the following line be filled In,within the area there desig• nated ,the following instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of Indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any and all consents incidents thereto end to bind THE kTNA CASUALTY AND SURETY COMPANY,thereby as fully and to the some extent as if the same were signed by the duly authorized officers of THE kTNA CASUALTY AND SURETY COMPANY,and all the acts of said Attorney(s)-in-Fact.purs lent to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Reso,utlons are now in full force and effect: VOTED:That each of the following officers:Chairmen,Vice Chairmen,President,Any Executive Vice President,Any Sef for Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries,Attorneys-in-Fact,and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds,i ecognizances,contracts of indemnity,end otherwritings obligatory In the natursof a bond,recognizance,orconditional undertaking,and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking AWA shall be valid and binding upon the Company when(a)signed by the Chairman,the Vice Chairman,the President,an Executive Vice President,a Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to thu power prescribed in the certificate of authority of such Resident Vice President,end duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(b)duly executed(under seal,If required)by one or more Attornays•in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attomey and Certificate of Authority fs signed end sealed by facsimilo under and by authority of the following Standing Resolution voted by the Board of Directors of THE,ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Senior Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomays-In-Fact for purposes only of executing and attesting bonds end undertakings and other writings obligatory in the nature thereof,and any such power of attorney or cerdficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shell be valid and binding upon the Company In the future with respect to any bond or undertaking to which it Is attached. IN WITNESS WHEREOF,THE,ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President and Its corporate seal to be hereto affixed this 12th day of July 11983 r"...o • t THE ,ETNA CASUALTY AN6 SURETY COMPANY �//�/� �L• Co„N�p/ r •I 17 „ l ' i,•1,.... ' BY State of Connecticut R. T. Rippe, As i tant Vice President as.Hertford county of Hartford On this 12th day of July 11983 ,before me personally came R. T. RIPPE to me known,who,being by me duly sworn,did depose and say:that he/she is Assistant Vicr President of THE,ETNA CASUALTYAND SURETY COMPANY,the corporation described in and which executed theabove Instrument;that he/she knows the sealof said corporation;thatthe sal affixed tothe said Instrument bsuch corporate seal;and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. tnh y� 71, •'•,...•°,% My miWon sxpira March 31,19 84 Notary Public CERTIFICATE Johanna M. Degnan ® I,the undersigned, Secretary of THE,ETNA CASUALTY AND SURETY COMPANY,a stock corporation of the Stateof Connecticut,DO HEREBY CERTIFY that the foregoing and ettachedPower of Attorney and Certificate of Authoiity remains in full forco and has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,as set forth in the Cart ficateof Authority,are now In force. Signed and Sealed at the Horne Office of the Company,In the City of Hartford,Stat o nnecticut. th 1 84 day of VIncent A. Walsh, secretary - (9.1992•E)(M)3.79 •••,.,,•,,.^„• PAINtf D IN U S A lit ' THE AMERICAN INSTITUTE OF ARCHITECTS t AIA Document A311 Bond No. 030 SB 026569 BCA Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Willard Stockman Construction ns � Corp. Star Route 2, Schott Road, Jefferson City, Missouri 65101 as Principal, hereinafter called Contractor, and, The Aetna Casualty and Suretyy Comppany Were inset)full Bans*and address orlegal lilts a S."M as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson City, Missouri Mere msen full name and address a legal loll*of Oweerl as Obligee, hereinafter called Owner, in the amount of one Hundred Forty-Five Thousand Twenty-Eight and 68/100 Dollars ($ 145,028.68 �r 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 June 18 19 84 , entered into a contract with Owner for (Here insert full name.address and description of project) 1984 Curb and Gutter Projects Phase I, including Nebraska Street, Indiana Street, Hart Street and a portion of West Miller Street in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal loll*of Archdeal which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ® AlA DOCUMENT A311 • PERFORMANCE $ONO AND LABOR AND MATERIAL PAYMENT $ONO • AIA 0 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE Of ARCHITECTS.1715 N.Y.AVE..N.W.,WASHINGTON.O.C.20006 1 r PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS 01LIGA710N is such that, it 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having but not exceeding, including other costs and damages for which the Surely may be liable hertunder, the amount performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price;' as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract tails due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or'corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and scaled this 18th day of June 1984 Willard Stockman Construction Corp'.. - �� , It'll ntgr.rll iSavU r� irllt•1 The Aetna Casualty and Surety Company (WUnem) Stephanie L. Osborne iiiflr'l ® Cl' ord B. Youn At y-in-Fact AIA DOCUMENT A711 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 1rRRUARY 1970 [1).a THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AV[.,N,W.,WASHINGTON,D.C.2000(1 Z THE ATNA CASUALTY AND SURETY COMPANY Hartford,Connecticut 06115 LIFE 6 CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE 4TNA CASUAL TY AND SURETY COMPANY,a corporation duly orgdnized under the lawcof the State of Connecticut,and having its principal office in the City of Hartford.County of Hartford,State of Connecticut,hath made,constituted and appointed.and does by these presents make,constitute and appointJohn T. Loekton,Jr. John T. Loekton,III Or Thomas E. Johnston, Mission Hills,Kansas or James C. Pateidl, Michael C. Frost, Michael D. Whipps or Clifford H. Young, Overland Park,Kansas or Gary F. Hambright, David M. Lockton, William M. Frick or Janene R. Downey, Kansas City, Missouri or Merlin D. Redfield, Lenexa, Kansas or Don 0. Osborne, Leawood, Kansas or William L. Frick,Shawnee Mission,Kansas — — of xxxxxx Its true and lawful Abnrrreylst in-Fact,with full power end zuthority he,ebr i.onferred to sign,execute and acknowledge,at any place within the United States,or,if the fullDwing line be filled in,within the arna there desip• noted .the following instrumends): by his/her sole signature and an,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any and all consents incidents thereto and to bind THE(ETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE/ETNA CASUALTY AND SURETY COMPANY,end all the acts of said Atiorney(s)•in-Fact,puts tent to the authority heroin given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Ser for Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries,Attorneys-In-Fact,and Agents to act for end on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and reel with the Company's seat bonds,remilnizances,contracts of Indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon Ilse Company when(a)signed by the Chairmen,the Vice Chairman,the President,an Executive Vice President,e Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to tire power prescribed in the certificate of authority of such Resident Vice President,and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(b)duly executed(under seal,if required►by one or more Attorneys.in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE ATNA CASUALTY AND SURETY COMPANY which Resolution is now in full force:and effect: VOTED: That the signature of each of the following officers;Chairmen,Vice Chairman,President,Any Executive Vice President,Any Senior Vice President,Any Vice President Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the seal of the Company maybe airxed by facslmlle to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of axacuting and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of anomey or cortificats bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power to executed and cerdfled by such facsimile signature and facsimile seat shell be valid and binding upon the Company In the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE,ETNA CASUALTY AND SURETY COMPANY has caused this Instrument to be signed by its Assistant Vice President and its corporate seal to be hereto affixed this 12th day of July 1983 9„ '�s°1 THE 47NA CASUALTY AM SURETY COMPANY State of Connecticut R. T. Rippe, A311ilitant Vice President as.Hartford County of Hartford On this 12th day of July 11983 before me personally came R. T. RIPPE to me known,who,being by me duly swam,did depose and say;that he/she is Assistant Vicc President of THE.ETNA CASUALTY AND SURETY COMPANY,the corporation described In and which executed the above instrument;that he/she knows the sal of said corporation;that the seal affixed to the said instrument Is such corporate seal;and that he/she executed the said Instrument on behalf of the corporation by suthorfty of his/her office under the Standing Resolutions thereof. �:. '�S,t My mission supine March 71,to 8�) Notary Public CERTIFICATE Johanna M. Degnan 1,the undersigned, Secretary of THE rETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,ej set forth in the Cott ficate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,In the City of Hartford.Stat o nnecticul, th J 984 day of i9 .....::.. By �. ncent A. Walsh, :;ecrerrtry ~ 18.1922-E)(M)a'>D Pf 1IN T E D IN U S A