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HomeMy Public PortalAboutORD10202 BILL NO. 9-1 SPONSORED BY COUNCILMAN ® ORDINANCE NO. Q�D2 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 1984 CURB AND GUTTER PROJECT PHASE I. 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 1984 curb and gutter project Phase I for the sum of $145, 028.68. 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 ,d/ate of its passage and approval. Passed _ �- .2 - g`t Approved Pr siding Offi er Mayor ATTEST: ff City Clerk RS 84-19 Nul • /0 20 R E S O L U T I O N 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 . Mayor ATTEST: City CiLerk mmmmmmmffil CONTRACT 'FOR PUBLIC WORKS This Contract is made and entered into this 18th 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 Jefferson Street and Franklin Street Curb and Gutter Project 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 pertaining 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 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 Sixty (60) 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 or sed in the performance of this Contract the prevailing hourly rate 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 . 4-026-084 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 Work:an ' 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 ® 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 . e. 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 WHEREOF , the parties have hereunto set their hands and seals this P�.a day of _ 198 . CITY OF JEFFERSON, MISSOURI Aft By /mayor Attest : ity Clerk WILLARD STOCKMAN CONSTRUCTION CORP. By: .s., President Contractor Attest : Zf Z., o ,- jz ITEMIZED PROPOSAL JEFFERSON STREET STREET ITEM APPROX. UNIT DESCRIPTION UNIT QUANTIT PRICE EXTENSION N0. 1 .0 Removals and Demolition L. S . 10-1700.00 10 700.00 2 .0 Grading and Excavation L. S . C-761 Cu.Yds . F-232 Cu .Yds . 6,200.00 6,200.00 3.0 Curb and Gutter L. F. 2956. 2 6" Type "A" 7.50 22 171.50 4..0 Asphaltic Concrete Tons 1512 Base Course 31.43 47,522.16 4 . 1 Asphaltic Concrete Tons 448 ✓ Surface Course 33.52 15,016.96 5 .0 6" PCC Drive April S .Y. 356 1 0 4" PCC (4" AC) Drive S .Y , 270 Replacement 6 .1 Crushed Stone Drive Tons 70 Replacement 8.00 560.00 7 .0 4" PCC Sidewalk S.Y. 965 12.00 11 580.00 8.0 Chat Backfill Tons 278 8.00 2,224.00 9 . 0 Seeding and Mulching Acres 0.55 2,100.00 1.155.00 10 . 0 Construction Signing L. S . 7ji94,0o 7,194, i 0 TOTAL 132 191.62 . � ITEMIZED PROPSAL W. FRANKLIN STREET STREET ITEM APPROX. UNIT N0. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 .0 Removals and Demolition L. S. 1 3.100.00 3,100.0 2.0 Grading and Excavation L. S . C-213 . 88 Cu .Yds . F-844 . 45 Cu . ds . 4 400.00 49400.00 3.0 Curb and Gutter L.F . 728 6" Type "A" 7.50 50460.0 4 .0 6" PCC or 7" Asphaltic S .Y. 1000 Pavement 32.88 1 5. 0 6" PCC Drive Aprons S .Y. 20. 11 (residential) 5.1 6" PCC Drive Aprons S.Y. 8. 67 (commercial ) 16.00 138.72 df 0 4" AC Alley Replacement S .Y. 6. 67 15.00 100.05 7 . 0 Drive Replacement S .Y. 22. 2 4" PCC 12.00 266.40 7 . 1 Crushed Stone Drive Tons 7 Replacement 10.00 70.00 8.0 Chat Backfill Tons 86 8.00 688.00 9. 0 Seeding and Mulching Acres 0. 4 22100.00 840.00 TOTAL 28 224.71 r ITEMIZED PROPOSAL JEFFERSON STREET STORM SEWER ITEM BESCRIPTION UNIT APPROX. UNIT AMOUNT NO. QUANTITN PRICE 1. 0 8x4 Curb Inlet Ea. 1 - (Type A) 1.100.00 1,100.0 1. 1 8x3 Curb Inlet Ea. 1 (Type A) � 1,100.00 1,100.00 1.2 8x3 Curb Inlet Ea. 2 Double (Type B Mod. ) ,�zcg°o�v 1,400.00 L-400 i 00 1. 3 6x4 Curb Inlet Ea. 1 (Type A) 1.4 6x3 Curb Inlet Ea. 3 (Type A) 1. 5 40 Curb Inlet Ea. 3 (Type A) 750.00 2,250,00 .6 4x3 Curb Inlet Ea. 1 (Type B Mod . ) 750.00 2. 0 Standard Manhole Ea. 2 6 '-0" diameter 2,200.00 4,400.00 2.1 Standard Manhole Ea. 1 41-0" d i a m e t e r 650.00 650.00 3.0 50 Area Inlet Ea. 1 with open throat 800.00 800.00 3.1 40 Area Inlet Ea. 2 with open throat 600.00 1,200.00 3. 2 4x3 Area Inlet Ea. 1 •• with top grate 750.00 750.00 TOTAL 19 800.00 ITEMIZED PROPOSAL JEFFERSON STREET mp STORM SEWER ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT NO. QUANTIT PRICE 1 .0 42" RCP L.F . 55 75.00 4,125.001 1. 1 30" RCP L.F . 301 . 34 40.00 12,053.60 1 . 2 24" RCP L.F. 174 J 35.00 6,090.00 1 . 3 18" RCP L.F. 335 31.00 10 385.00 1 . 4 15" RCP L.F . 87 16.00 1.392.00_ 1 . 5 30" CSP L.F . 206 32.00 6,592.00 . 6 21" CSP L.F . 99 . 5 21.00 2,089.50 1 . 7 18" CSP L.F . 84 . 5 18.00 1,521.00 1 . 8 15" CSP L.F . 62 15.00 930.00 1 . 9 15" CSP (slotted ) L.F . 20 35.00 700.00 2. 0 Rock Excavation C.Y. 50 100.00 5,000.00 TOTAL 50,878.10 ��.. ITEMIZED PROPOSAL JEFFERSON STREET AND FRANKLIN STREET CURB AND GUTTER (Estimation) ITEM CLASSIFICATION UNIT APPROX. UNIT AMOUNT NO. QUANTITY PRICE 1 .0 42" Chain Link Fence L.F . 135 12-001 10620.00 TOTAL ,/ ITEMIZLD PROPOSAL S.D. 1144 LINE "G" AND LINE "L" RECONSTRUCTION (Sanitary Sewer Line ) JEFFERSON STREET AND FRANKLIN STREET (Estimation) ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT NO. QUANTIT PRICE 1 .0 8" Sanitary Sewer Pipe L.F. 814 (in place) 4.00 3,256.00 1 .1 8" Ductile Iron Pipe L . F. 54 (in place) 14.00 756.00 2. 0 Ditching and Backfilling L.F. 488 0-6 ' 2 . 1 Ditching adn Backfilling L.F. 71 . 5 6 ' -8 ' 2. 2 Ditching and Backfilling L.F. 113. 5 8 ' -10 ' nn SA7_50-L 2. 3 Ditching and Backfilling L.F. 127 101-121 5.50 698.50 . 4 Ditching and Backfilling L.F. 68 121-141 6.25 425.00 3. 0 Standard Manhole (0-61 ) Ea. 5 700.00 3,500.00 3. 1 Extra Depth Manhole (over 6 ' ) V .F. 12 .17 75.00 912.75 3. 2 Standard Outside Drop Ea. 5 175.00 875.00" 3. 3 Extra Depth Outside Drop V .F. 11 . 77 (over 2 ' ) 30.00 353.10 3 . 4 Connection to Existing Ea. 2 Manhole 125.00 250.00 4 . 0 Rock Excavation ( estimate) C .Y. 50 100.00 5,000.00 5. 0 Chat Backfill (full depth) Tons 603 8.00 4,824.00 6 . 0 Lateral Connections L . F . 70 4.50 315.00 TOTAL 24 268.48 256,982.91, Includes Addendum No. 1 .1 THE AMERICAN INSTITUTE OF ARCHITECTS ' I AIA Document A311 Bond No. 030 SB 026570 BCA Lab®r 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. Were insert full nine and address or lepl Istle of ConlraClot) Star Route 2, Schott Road, Jefferson City, Missouri 65101 as Principal, hereinafter called Principal, and, The Aetna Casualty and Surety Company More invert full name and address or lepi toile of Sureh) as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson City, Missouri (Here insert full name and address or lepl tide of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Fifty-Six Thousand Nine Hundred Eighty-Two and 91/100 IHete insert a wen equal to at least one-half of the contract price) Dollars ($256,982.91 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 Mere Ins"I full name,address and description of prolecil Jefferson Street and Franklin Street Curb and Gutter Project in accordance with Drawings and Specifications prepared by Were insert full name and address or le{al title of Archilect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA A FEBRUARY 1970 CO.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE,.N.W.,WASHINGTON,D.C.20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, 1HEttEfORt, THE CONDITION Of THIS OKIGATION 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 (90) 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 bodied 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 not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such wit. 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 r, 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. (Pnnupal) �Sah ITq rl -� The Aetna Casualty and Surety Company Stephanie L. Osborne liil lr•I ford B. Youn A Fact —AlA DOCUMENT A311 • PINFORMANCE BOND AND 1ANUM AND MATEMIAL PAYMENT BOND • AIA e FEBRUARY 1970 ED.•THE AMERICAN ONS117UTI Of ARCHITEC1S,173%N.Y,AVE.,N.W.,WASHINGTON,D.C. 'M tlti 4 THE XTNA CASUALTY AND SURETY COMPANY Hartford,Connecticut 06115 LIFE 6 CASUALTY POWER OF ATTORNEY AND CERTIFICA'T'E OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THE SEPRESENTS,THAT THEE TNACASUALTYANDSURETYCOMFANY,acurporationdulyorganizedunderthelawso fthe 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 presents make.constitute and appoinijohn T. Loekton,Jr. John T. Loekton,III or Thomas E. Johnston, Mission Hills,Kansas or James C. Pateidl, Michael C. Frost, Michael D. Whippe 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 G. Osborne, Leawood, Kansas or William L. Frick,Shawnee Mission,Kansas — — ofXxX X XXXXXXxXXXits Irue and lawful Attnrney(sI rn-Fact.with full power and juthonty be,eby r.unlened to sign,execute and acknowledge,at any place within the United States,or,if the following tine be filled in,within the area there desig• noted ,the following instrument(s): byhis/her solo signature and act,anyand 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 iETNA 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 OETNA CASUALTY AND SURETY COMPANY,and all the acts of said Attomeyls)'in•Fact.purs rantto 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 utions are now in full force and effect: VOTED:That each of the following officers:Chairman,Vice Chairmen,President Any Executive Vice President,Any Sew for Vice President Any Vice PresidentL,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries,AttorneWn•Fact,end 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 seal bonds,lecognizances,contracts of Indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,end any of void 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 the Company when(a)signed by the Chairman,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 the power prescribed in the certificate of authority of such Resident Vice President,end duty 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 seated by facsimile 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 Arty Vice President Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the seal of the Company maybe 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 and undertakings and other writings obligatory In the nature thereof,and any such power of attomey orcortificate bearing such facsimile signature or facsimile seal shell be valid end binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall 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 .1383 ... 'Y` THE ATNA CASUALTY ANE SURETY COMPANY , ' BY State of Connecticut R. T. Rippe, As i tant Vice President ss.Hartford County of Hartford On this 12tH day of July 1983 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 VicE President of THE,ETNA CASUALTYAND SURETY COMPANY,the corporation described in and which executed the above instrument;that he/she knows the aealof said corporation;thatthe seal affixed to the said Instrument Issuch corporate seat;and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. ",ti,;•.,,,off✓'� My mission expires March 91,19 gq Notary Public CERTIFICATE Johanna M. Degnan ® l,thounderstgned, Secretary of THE,ETNA CASUALTY AND SURETY COMPANY,a stock corporation ofthe State of Connecticut,DO HEREBY CERTIFY that the forego;ng and attached Power of Attorney and Certificate of Author ity,remains in full force and has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,as set forth in the Cert.ficateof Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,Stancent nnectitwt. th J 1 $ 84 day of la rJ..r,woy'j By A. Walsh, ;;erretary (,¢1971-E)(M)3'79 "'•' PNINTED IN U 5 A THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Bond No. 030 SB 026570 BCA Performance Bond KNOW ALL MEN BY THESE PRESENTS: that wiiiard Stockman o strruc on Cor$e «t . cown Star Route 2, Schott Road, Jefferson City, Missouri 65101 as Principal, hereinafter called Contractor, and, The Aetna Casualty and Surety Compan w Motor imen full nam and ddtm W awl 4bs Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson City, Missouri IW#e onwrt full name and aelekew a kpl titre M Owner) as Obligee, hereinafter called Owner, in the amount of Two Hundred Fifty-Six Thousand Nine Hundred Eighty-Two and 00/100 Dollars % 256,982.91 ), 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 Mere Inert lull name.address and dettnploon of rrrointl Jefferson Street and Franklin Street Curb and Gutter Project in accordance with Drawings and Specifications prepared by Mere insert lull name and addren at kpl loll,of Arehdectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA 0"UMENT A3111 • PERFORMANCE BIND AND LABOR AND AIATFRIAL ►AVMINT BOND • AIA 0 .'ERRUARY 1970 ED.•THE AMIRICAN INSTITUTE Of ARCMITICTS,1?15 V.Y.A%1,N.W.,WASMINW Nd,D.C.10006 1 PERFORMANCE BOND ROW. THEREFORE, THE CONDITION OF THIS OBLIGATION 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 Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; but not exceeding, including other coils and damages to be in default under the Contract, the owner having performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount 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. 21 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 Q) years from the date on which termination by Surely of the lowest responsible bidder, final payment under the Contract falls 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. il'rrnt yrdU �lirdt = . r Irtfr•1 The Aetna Casualty and Surety Company 1SumtL) 'kan twrinr..► � .^ . . Stephanie L. Osborne iTrtlil C ford B. Yo g ttorne in-Fact - AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND FEBRUARY 18711 EI).•THE AMERICAN INSTITUTE OF ARCHITECTS,171S N.Y.AVE..N.W.,WASHINGTON,D.C.200116 Z THE ETNA CASUALTY AND SURETY COMPANY a Hartford,Connecticul 06 115 LIFE 6 CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYISHN-FACT KNOW ALL MEN BY THESE PRESENTS.THAT THE ETNA CASUALTY AND SURETY COMPANY.a corporation duly orgenlrrxl under the laws of the State of Connecticut•and having its principal office in the City of Hertford,County of Hertford,Slate of Connecticut,hath made,constituted and appointed,and does by these presents make•constitute and appointJUhn T. Lockton,Jr. John T. Loekton,I I1 or Thomas E. Johnston, Mission Hills,Kansas or James C. Pateidl, Michael C. Front, Michael D. Whipps or Clifford B. Young, Overland Park.Kansas or Gary F. Hambright, David M. Lockton, William M. Frick or Janene R. Downey, Kansas City, Missouri or Merlin D. Hadfield, Lenexa, Kansas or Don G. Osborne, Leawood, Kansas or William L. Frick,Shawnee Mission,Kanons - - of XX=XXXXXXXXXXXXXXXXXXXXXXXXXXXXX X XitstrueendlawfulAtinrnaylsl,(I Fm ct,m lh full powerandjultwrrtyhw(iby,,unferred to sign,execute and acknowledge,at any place within the United Stales,or,if the following line be filled In,within the area there d.rslp. nated ,the following instrumont(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 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 Attorney(s)-in-Fact.pu rs rant 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 Reso,utions are now In full force and effect: VOTED:That each of the following oHicors:Chairman,Vice Chairman,President,Any Executive Vice President,Any Ser for Vice President,Any Vlce 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 seal bonds,Isoognbances,contracts of Indemnity,and otherwritings obligatory in the naturoof a bond,recognizance,orconditionsl 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,orwriting obligatory in the nature of a bond,recognizance•orconditionsl undertaking ehali be valid and binding upon the Company when(a)signed by the Chairman,the Vice Chairmen,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 the power prescribed in the certificate of authority of such Resident Vice President,and du ly attested and scaled with the Company's sent 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 examted(under seal,if required)by one or more Attorneys-in-Fact pursuant to the power proscribed in his or their certificate or certificates of authority. This Power of Attomey 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 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,Rseldent Assistant Secretaries or Attomeys-In-Fact for purposed only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power go executed and oertified by such facsimile signature and facsimile seal shall 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 -.. THE kjM CASUALTY AND SURETY COMPANY State of Connecticut as.Hertford R. T. Rippe, As i tant Vice President County of Hartford On this 12th day of July -1983 before me personally came R. T. RIPPE to me known,who,being by me duly swum,did depose and say:that he/she Is Assistant Vicc President of THE ETNA CASUALTYAND SURETYCOMPANY,the corporation described in and which executed the above Instrument;that he/she knows the sealof said corporation;thatthe seal affixed tothe said Instrument Issuch 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, e .,Cy 't1 r ..°+ My mission expires Match 31,19 8 Notary Public CERTIFICATE Johanna M. Degnan ® I,the undersigned, Secretary of THE.ETNA 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 Author ity remains in full force a nd has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,as satforth In the Cen fieate of Authority,are now In force. \ l Signed and Sealed at the Home Offles of the Company,in the City of Hartford,Stat o nnectieut. th Jj 1 ea day of w,.xnow�\ I cover ^� By c:_ ncent A. Walsh, Serretnry --� (8-19224)(M)3'79 """ PAIN I f D IN U S A