HomeMy Public PortalAboutORD10414 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO. C/
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CI'T'Y CLERK TO EXECUTE A CONTRACT WITH THE WILLARD S'IMKMAN CONSTRUCTION
CORPORATION FOR THE 1985 CURB AND alTl'ER PROJECT, PHASE I.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Zfie Mayor and Clerk are hereby authorized and directed to
execute a contract with the Willard Stockman Construction Corporation for
the 1985 Curb and Gutter Project, Phase I,for the span of $314,923.00.
Section 2. The contract shall be substantially the sarne 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.
Ambb Passed — Approved _ -- -2"esd.
PitesicTing Off ic __. -ryor
ATTEST:
y � •.+� 6 � 1 1:
AML W JEFFERS ' N
2 IT ir uF U
Mayor George Hartsfield
May 10, 1985
Willard Stockman Construction Corp.
Star Rt. 2; Schott Rd.
Jefferson City, MO 65101
To Whom It May Concern:
Enclosed please find two ( 2 ) copies of the contract between
your firm and the City of Jefferson which was recently approved
by the City Council. Please obtain signatures on both copies and,
if a corporation, have them attested by the Secretary and place
the corporate seal on the signature page(s ) and return both
copies to my office. After they are finally executed, you will
receive a copy for your files.
i
If you have any questions, please let me know.
Aft Very truly yours,
Phyllis Powell
City Clerk
enclosures
John C Christy Municipal Building 320 L McCarty St. Jefferson City,Missouri 15101
314 634-6300 Direct Dial 634-
4
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this 6th day of
May , 19_B5__r, by and between Dillard Stockman
Cnnst°rtunifinn oration , hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City."
WITNESSETH: That Whereas, the Contractor has become the
lowest responsible bidder for furnishing the supervision, labor,
tools, equipment, materials and supplies and for constructing the
following City improvements: 1985 Curb and Gutter Project--Phase I
NOW, THEREFORE, the parties to this contract agree to the
following:
1. Manner and time for CaT21etion. 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 Ninety (90) (gabmaw, working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within Sixty (60)
days after the date of this contract.
Ash 2. Prevailing Wages. All labor utilized in the construction
of the aforementioned improvements shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of a
similar character in this locality, as established by the
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.
5-026-085 ,�-- c=
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 by Contractor 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 RSMa, 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:
1
(a) Workmen's Compensation Insurance for all of its
employees to be engaged in work sunder this contract.
(b) Contractor's Public Liability Insurance in an amount
not less than $800,000 for all claims arising out of a
single occurrence and $100,000 for any one person in a
single accident or occurrence, except for those claim
governed by the provisions of the Missouri wor}mien'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 t-he 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 Sub-
paragraphs (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 open-jtions 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 gdneral contractor provides adequate
protection against claims arising from operations
Aft by anyone directly or indirectly employed by the
IN Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall. cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein set forth,
insofar as applicable to the stork of subcontractors and to give
Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this contract
shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
5. Liquidated Damages_ . The Director of Public Works may, at
his discretion, deduct s1Q OQQ 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 germinate 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 unforseeable
causes beyond Contractor's control and without fault or
negligence on Contractor's part or the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days' prior written
notice to the Contractor, without prejudice to any other rights
or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment for
the benefit of its creditors, or if a receiver should be
appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to
supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any
person supplying labor or materials for the work under the
contract, or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City's Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall. be liable to the
City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such
® materials, applicances and structures as may br- on the work site
and are necessary for completion of the work. The foregoing
provisions are in addition to, and riot in limitation of, the
rights of the City under any other provisions of the contract,
city ordinances, and state and fecle.r d laws.
8. Guards and Lights. The Contractor agrees to defend,
indemnify, and save the City harmless fran and against 111
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,, or arising out of thF award of this contract
to Contractor.
9. 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.
10. 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.
11. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule set forth in the Contract Documents upon acceptance of
said work by the Director of Public Works and in accordance with
the rates and/or amounts stated in the proposal of Contractor
dated r i••� 4 , , 198_, 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.
12. 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 Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
® are as fully a part of the contract as if attached hereto or
repeated herein.
♦, .,per•
�a
13. 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.
14. Notices. All notices required to be in writing may be
given by first class mail address to the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri 65101, and Contractor at
The date of
delivery of any notce shall be the second full day after the day
of its mailing.
15. Jurisdiction.. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri,
16. IN TESTIMONY WHEREOF, the parties have hereunto set
their hands and seals this day of .3t,rl�' ,
19 85
CITY OF JEFFERSON, MISSOURI
By
MAYOR
ATTEST:
CITY CLERK
CONTRACTOR
Willard Stockma C str.uc ion Corp.
By �i2�
Title: Franc is Stockman, President
ATTEST:
SEC
THE AMERICA! INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Willard Stockman Construction Corp. ,
moo anted full Mast sad address o.bpi fill@ of eonlrsctod
Star Route 2, Schott Road, Jefferson City, Missouri 65101
as Principal, hereinafter called Contractor, and, The Aetna Casualty and Surety Company,
More inters lull name and sddress or Iodal fill*of so")
Ash Commerce Tower, P. O. Box 13167, Kansas City, Missouri 63141
as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson, Missouri
(Hare insert lull namr and address or legal toile of Owner)
as Obligee, hereinafter called Owner, in the amount of THREE HUNDRED FOURTEEN THOUSAND, NINE HUNDRED
TWENTY THREE AND N01100
Dollars tS 314,923.00 ),
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 .Tune 7 19 85, entered into a contract with Owner for
(Here insert lull name,address and description r31 proiactl 1905 Curb and Gutter Project — Phase I
in accordance with Drawings and Specifications prepared by
Mere,insert full name and address at legal fill*of Architect)
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 BONO • AIA 0
I'EBRUARY 1970 ED.•THE AMERICAN INSTITUTE Of ARCHITECTS,1715 Y.Y.AVE..N.w.,WASHINCTON,D,C.200% 1
PERFORMANCE BONb
NOW, THEREFORE, THE CONDITION OF THIS ORLIGATioN is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or 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;
to he in default under the Contract, the Owner laving but not exceeding, including other costs and damages
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 rlriy 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, (heal payment under the Contract falls due.
or, if the Owner elects, upon determination by the p y
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 7 day of June 1985
Willard Stockman Construction Corp.
r!'nnt i)r,rll IScaU
1
I ~
1 111!(•1
Francis Stockman, President
The Aetna Casualty and Surety Company
. ® ITrIIr1 _.
Carol A. Hollomon Deborah K. Braden, Attorney-in-fact
AIA DOCUMENT A711 • PERroRMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND + AIA
frRRUARY 1971► W.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE„N.W.,WASHINGTON,D.C.ZOW6 2
A '1HE WNt,CAflil ALTY ARID SURM COMPANY
Hanford,Connecticut 061 IS
LIFE a f:AtUALTY
POWER OF ATTORNEY Y AND CE MICATIE OF AV MORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN DY THEM FRSSINTE.TWk(YMfb AIM CMALTY AND SURETY COMPANY,a COnWation duly CiManlsod under the laws of the
Slats of Coonsctlt tit,atld Meting no prin"efttos M the Cky of Hanford,County of Hartford,State of Connecticut,path mods,constituted and
ep"rited,and does by thew oneorita mono,oonedurle ant fppW it John T. Lopk o r. o n . Lock tone I I I pr
os E neto i®pion H ils Ka ass or a Ce a dl etc cue C. F ogee Michael D.
p°pae C1 1? tlr� Tcigna sTI'L to Cooper or W$orah Q rabnnp erland erk,Kansaa or
or Carl► F. HanbriRht DGv1d Me Locktan or William M. Frick, Kansas Cityf Missouri.or
Merlin D. Kedllaltl0 {,enexagiKansas or Don C. Osborne: LeaaoodrKansas or William L. Frick,
Shmwnee Mission:Kansas - -
of KR hGtnteeWoNi M with full power and eWnrity hereby conferred
to WON"am"ad atmmwkx*N at ay pts w40M the
UNW ERStea,M,if the following line be filled In,within the area there dselp•
Mted ,die follow ft InelnNnsni(a):
by hkaRrer aoN MFtn2bfrs and act dry std oil tsenrls.ro9osinhanooe,contrasts 04Indsmnity,and other writing@ obligatory In the n eturs M a bond,
r000gnkartos,or oondtlorgl w4snaklnq,w,d any wd an snntmtta inddle is literate
and to bind THE ATM CASUALTY AND SURRTY COWANY,thereby M fully and to the some extent so If the samo were sipnad by the duty
a ftegodoR7oem of IN ATNACAV-IALTY AND WRITtr COMPANY,end sN the"of @Wd Auomey{a)•in•FeM,pursuant to the authority herein
goon,am hereby ft~end cotorated,
This oppolnimsent N mods lasso and by aehYio kv of ft/o8tfiektp StwtMV nRaalutlone of cold Company whkh Ras olutlone are now in full force
and cream:
VOTED:That each offf MOwbgONiare:Chdmmw,VlatChWmw%PrWdmvLA mEx,rcutivuVice Presi drntAnySenlafVicePresident,AnyVice
Preside%AnyAssistant VicePrsakeM.Any bearehN,AfW Antes 66MANI may ham time to time appoint Resident Vice Presidents,Resident
Assista ttSseretartM.Auo"w#*rt*@ t.crudAristaboeAfotW donbePptYoftheCMnpanysodmaygiveany such appolnicesuchauthority sshis
artnloaN of wdwfny may Prato"so Man III the Comma ws,twits and aaW iv th the Convwles seat bonds,r@cognbanosa,contracts of
indamnny,and other wrkinpe obfipatiI In III netweef a bond,rwItinl col,or owidnional underloking,and any of said officers of the Dowd of
Directors may at any time rwrwm any,such zpm%slaa and rarmlis eti0 poiew and authority given Mm.
VOTED:That my bond,r000prtitantIa.exdrest VFW4Vrdity,awr{dngabOUMory to ft nature oft a bond.recognizance.or conditional undertaking
ah ll be valid end bndfnp upon Ow COfTWM%*M(0)d9lI by the Chairmen,the Vice Chairmen,the President,an Executive Vice President,a
Ssnbr vice PraWent.it Via Pmeldent.an Ao@Wmm Vloe Ismidsm or by a Ra@fkM Vice Pree{dwft,pt MMI to the power prescribed in the
conifte leofsuthorkyof Rich Resident VIM Pre WWO.wWdulystaaoWdandseaW with theComperry's cut byaSocrawry of Assistant Secretary
or by a Reskan Atlolatam Secretory.PunRMM aDtM PNW prowdbad kiftcenWcMe of suthrx{ty olsueh Resident Asdnant Socretery;or(b)duly
executed(under oaal,M rW4md)by area or more A%orrAW rf9M pwwa li to the povi r Prescribed in his or their certificate or cortificstos of
authority.
This Poww of Atlornsy and CortiRraRO al Aulk"lty Is$Wod and to"by fawimilo under and by authority of the following Standing Resolution
voted Ly the 8osrd of Directors of THE AETNA CASUALTY AND WAETY COMPANY which Resolution is now In full forts and oflax:
VOTED: That tole slgnMfe of ands of ffa aDMetfllflg o" n:Chelrrrian,Vice Chdmtan,Pmtidsnt.Any Executive Vice Preoksnt,Any Senior Vice
Preaident Any Vice PrMidatkAnyAsiskunt Vkcs Presidarrt./nyfioonrtory,Any Aatdatam Secretary,and the Baal of the Company may be affixed by
fatxlmna to any power of sa mw or to any osroiposta rolminq eisrsto appointing Resides@ Vice Presidents,Resident A ulatont Secretaries or
Attorneys innfeetfotpurposas+sniyofismaAftendafterik1ngbondsandwWwtd*Wandotho wriengsdAgatoryindtonature thereof.and any
cuch powwof attorney aowtfl=a baoft euuh fonwnttM2ot{pfstureor flztaWrida seal shad bevafldand binding upon the Company and arc,such
power so sxscutod and otlrOod by such taoalnllks dp wWm kid facsirnk sarsl shale bs valid and binding upon the Company In the future with
respect to any bond or undertaking to which k Is ant KW.
IN WITNESS WHEREOF.THE ATNA CASUALTY AND SURETY COMPANY ties@ caused this instrument to Ds signed by Ifs Asst a tan t
Vice President and le;corporate sW to be ho ono affixed this 27th
day of September .19 84
THE �=COMPANY
Stare of Conrtoerieut jpGaph F. Kiernan
County of Hartford I ft.Hartford Assistant Vice President
On this 27th deg of September ,to 84 ,before me pafaonatly came&&=t JOSSEPH P. KITZANAaNe oi
THE,ETNA by I dufy mom did dalum and Day:*d hWelts Is
COMPANY aorpotetlorr clsoMbed In and whidi evootcIal um:pdi�4:TN':knows the
"M of ask corporatbn;tflat On seel sV and to III aofd Irtpngnent lieoKh eorporete wO.and that hehhe exaauted the said instrument on behalf
of the corporsdon by aftlfefky of Walhor oMm txtdor the ftwW rep Ro Wurgore dtansol,
NN
Zw,...e) *hs on ow+Pon Mode 31.1289 Notary Pubiic
CEnTffiG1TE M. Dea
4 the wwonshir" Secretary of YHR ARM CASUALTY AND SWIM COMPANY,a stock corporation of the
State ofCofxswdvA00"WOW CE1MFYdialanfolmookeandsewshsdPtamenofAftrxnayctr lCordRt4mofAuO fltyrorA&nsInfull lotsand
has not been revoked;and hxdamlore.that We Standing Rooak4krw of the Eloordof Directors,as eat forts In Yes CortlRestsof Authority,are.Over
In faros.
Slgned and Scaled a Ma HXM Of loo of Vid WnPWW.N the CRI of lisrtiDM.Slats thie day of
® J U N 0( -
SY
Vincent A. Walsh, Secretary
.{e•/lnr•C1 M ire IMINTEO IN U.i#
THE AMERICAN INSTITUTE OF ARCHITECTS
e
AfA Document A391
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. ,
flNte uasert hull"m And Address at Iepi tool*of Cenatacwtl
Star Route 2, Schott Road, Jefferson City, Missouri 65101
as Principal, hereinafter called Principal, and, The Aetna Casualty and Surety Company,
(Here i*mrt Null imam Aaacl Addna of 9WI titf*of farett'l
Commerce Tower, P. 0. Box 13167, Kansas City, Missouri 63141
as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson, Missouri
(Mare insert lull naraae And Address or lorpl title of Ourn*d
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount Of THREE HUNDRED FOURTEEN THOUSAND, NINE HUNDRED TWENTY THREE AND N01100
IH*t* ine*rl A bean #"At Io At IIAAI 011IR-1101 e1 the contract pried Dollars f$ 314,923.00 )�
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 7 19 85 , entered into a contract with Owner for
(Het*irnM full nanw,Addr*cs and desaripcioe of prosWti 1985 Curb and Gutter Project - Phase I
in accordance with Drawings and Specifications prepared by
tHer*intan full n4me.And Addrett or lops title of Atchilecu
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AFA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0
V1UUARY 1970 ED.•THE AMERICAN INSTITUTE Of ARCHITECTS,17)9 N.Y.AVE.,N.W'.,WA UNGTON.D.C.2M 3
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION Of THIS OOLICATION 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 oc 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 shalt
not be liable for the payment of any costs or expenses cl Other than in a state court of competent jurisdiction
of any such suit. in and for the county or other political subdivision of
the state in which the Proj ect, or any part thereof, is
I 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
Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of
days after such claimant did or perlormed 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 7 day of June 19 85
Willard Stockman Construction Corp.
-- -- ----- - If'nnupap I'.�al►
M11e1
Francis Stockman, 'President
The Aetna Casualty and Surety Company
(Sumly/ ISr+U
rWilnr��1
ATiUe11
Carol A. Hollomon Deborah K. Braden, Attorney-in-Pe.ct'
AIA DOCUMENT A311 • PERI(>RMANCE BOND AND 1ANUR AND MATERIAL PAYMENT %ONO v AIA a d
FEBRUARY 1970 EI),•THE AMERICAN INSTITUTE Of ARCHITEC16,171%N.Y.AW.,N.W.,WASHINGTON,D.C."A* "�
a THE)ETNA t;ASUAi n SURETY COMPANY
Hertford,Conr,Ircticut 08115
LIRE At CASUALTY
POWER OF ATTORNEY AND CERTWICATE OF AfJTHORM OF AT'TORNEYISHN•FACT
KNOW ALL MEN NY TH141EE PREBENM.THATTHI ATNA CASUALTY AND SURETY COMPANY,a corporation duly organized under the fsws of the
State of Conrset WL and stain/ka principal GRIM In fhb Cky of Hartford,County of Hertford,SING at ConnecKicul.stein made,tonetauted and
appointed,and does by disco pr"&ft mats,r"odarn and sppolnt J hn T. Lo k to r„ o n . Lo k t on e T I r
Th re E J slrto ppg�iroion N llo Ka ea or , o C. to b� 141! aa3. C. oath H cgiaal D.
Nh pas L1l oY .R. 1ttuna Sr an �. Wopaa or a�oroh . radnnr erland arkaKaneaa or
or Cary F. Hambri ht DAVld M. Lockton or William M. Frick, Kansas City Hissouri.or
Marlin D. Hadflal�e {,enexayKansat or Don C. Osbornea LeawroodaKancas or �lilliem L. Frick,
Shawnee MisaioneKansaa - -
of xx haftuo"Wthul Aftorneyls)4n-froctwith full power and nuthorltV hereby conferred
to den,atanwvto and eekn0lvladBes,at any ptatra wfttdn wive Mifted Slatao,or.H the following One be filled In,within the ersa there deslg•
natal ,ow fareha asap 1neWtnpct(/):
byhkow sofas4pnoWnendsMany and 0taandf,nuarAtenoss,contracts of Indemnity,and other writings obligatoryin thanoturoots bond,
rsoagnitsome,or otlndOW"undarblldne,acre arty 044 ON co nawltf Inddants thereto
and to bled THE OEM CASUALTY AND RUNTY COAWANY,thereby as fully and to the Dame extant to If the serne were signed by the duly
Pupas edaf lomofINSATNACAS UAL.TYANDIRM1ETYCOMPANY,endeNthePeteu said AnomWis)-In-Pact.pursuant to theauthority heroin
ahw%are hereby Its.0 and aadlm*&
Thm appolntnitnt is made undo tract brit ter t ty adthe fotlowkhg Standing fLmofutlons of sold Companywh)dh RaaoluNons are now in full force
WA~:
VOTED:Tho each a PreeldrikA yExomtiveVicePrssl dent,Any Senior Vice Praident,Any,Vice
PraUdsatAnyAoslowntVicsMr addent.Any erwalaay.ArtyAot«atmSeorat W,may from time totimeappointResident Vice Prosidamts,Resident
AoaiottrnttioerNa4far,AROSrwyabtMesa,a�ealyanta�.cafaancl a,bahalfoldwCompenyandmsyelysanytwdhappointeeanalauthorhyas hu
certificates of aulhaky nlay pMnrfba to rigs w6h ft Cornpaaya rwma and owl with the company's Baal bonds,racogntaanaes,contracts of
hdsmnky,and adlsr writings oWstosy In the niflum of a bored,ntoogittaw",w oo4dkfonsf undertaking,and arrf of said ofHars or the Bosrd of
Dirwors may a why tines rem"any wish appolrAOe std sevoke the pe~and authority giver)him.
VOTED:TIM any baw4 recopM3artccl,contractel lndtmnky,orwrkingofiN n"inffw nature ofa bond.redogn itartm,or conditional undertaking
shall be valid and binding upon the Company wisest(a)«lgnod by dw Cheirmsn,thr Vko Chalmtsan,the Proaldant.an Exeautava Vies President,a
Senior Vice Prasfdeft a Vice Prwidant,an Asalward Vim Precident or by a RasldsM Vice President,purmuant to the power preacribed in the
cenifiests of 0uthorky of ouch Resident Vka President,and duty attested and satrktd with the Companya twal Ly a Secretary or Aeslstant Secretary
orfbyaRseldord Assistant flsaWary,PursuantW the Power~bad inwhoea IfI catoofwhoftofsuchReddantAssistantSecretary;or(b)duly
executed(under seal,H wMewd)by one or mars Attorneys I/t FeGt pursuant to Ow power prescribed to hie or thelr coniifcate or c ttificases of
authority.
This Power of Attorney and Cwtiffats of Autltotky Is algned and esalod by faalmlle undor and ay authority of the following Standing Resolution
voted by the Board of Directore of THE/ETNA CASUALTY AND SURETY COMPANY whkh Resolution Is now in full torts and affect;
VOTED: That the signature of esth of tits liaLWAfrtg oft ens:Chairman.Vice Cholnim,Pr ealdent.any Execuilw Vice PjsaMent,Any Senior Vice
President.An yVla Prooldahl,Any Aatlatarht Vbs Ficaldard,Any Seaviary,A.�y AeabtsM Saanotssy,and ten seed of the Company may be affixed by
faaeimlie to any Roaster of atffamair of to nary oarlfl Wie slating dhereso wpo4ndng Rasid4.wi Via Presidents.Resident Assistant Secretaries or
Attomeys-in-factforpurposes o*of=wuft wWaftatingborWeenci undarMLMgaandodherwdtk*sobRgstoryinthenaturethereof,andany
such power of Mtom"ore ss"aots bsstiag such famimNecgnwttare or focdmlle ml shag be v4d and bintling upon the Company and any such
poww to executed and dsrdRsd by such faaaltnNa otgatsC"Lad faceimiis attal shelf be YM and binding upon the Company In tine future with
naspeet to arty bond or undasta "to which k Is s0azt4d.
IN WITNESS WHEREOF,THE A=TNA CASUALTY AND SURETY COMPANY has caused this ins mmwt to be signed by Its Assistant
Vice President and Its oorWVA seal to be hereto affixed this 27th
day of $eptember .19 84 w
THE/-A C sc>flEry f atrANY
State of connrctian i) "� J eph F. Kiernan
County of Hartford i!
} as.Hanford Assistant Vice president
On" 27th dayof September ,1084 ,b.fanmepersonovcame JOSEPH P. KlE1tHAN
to acre known,who,bekag by Into duly swam•did depose send aw:that hatefse Is Asp! want Vice Ptrei afit of
THE+ETNA CASUALTYAND SURM OOMPAPM ale c o"osiden dwor bed M end which exoa4aal oho faire Inatntm«,t;dnat�iM knows the
seal of sold coaporrdoru thrt the seal altfxhld ft she eald hwMasrast is such corporate seal;and that Woho Wreathed tae said Instrument on behalf
of the awrpwatfon by tanhotky of hisAw of los under Ina Stswft Raaoludone tt ixoO
�•,.-� Atye5llay.ahsiasMa+d+sl,t/Sq Netery PulaNe
CERTIFICATE Jo Dtr`nwD
1,the undarslpnsd. Secretary of THE AIM CASUALTY AND SURM COWANV,a stock corporation of the
$Me of ConnoctIOX 00HERMCERT>rytfaofdoIsimeoww&WsilladtedPateta►ofAlsomW and cerailutoofAu tmdtyrmtrhwinhillformand
has not born roraMfd;and haldNnnorts,do the Ster4ng flew itbns of to Gtwd of DkatROra,as off forth In the C0011ca s of ARltllDrlty.are now
M tam.
Shined anal S"Md a Ow Mane Offs»ef des Cam par y,in ties My of H4rthha4'otetla Can gib day of
JUN ?, 198E /�
ZI
.&IarfgfMsn �� ✓ Vincent A. Watts Secretary MWEDINUS.A.
' IS$UE DATE(MM/DDIYY)
® 0 /
rPF.40Ou CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICAT E HOLDER.THIS CERTIFICATE DOE$NOT AMEND,
EXTEND OR ALTER THE C.aVERARE AFFORDED BY THE POLICIES BELOW.
Lock toi n lnaurance Agency COMPANIES AFFORDING COVERAGE
P.O. Box 8418
Prairie V i l l+i D D Ks 66208 COMPANY
LrrrrR � American Caegalt_y lnu. Co. (CNA)
COMPANY Y
LS_U R'L l (Heartland)
1lard Stockman Con,st. C�r�s. LEMEF+ Y `�"r&nt�p_srt& i�an Im. Co. (CNA)COMPANY _.._ali" Route eq Schott Read LETTER t-rfersorn Cltyq 65��� COMPANY LETTER
SEEN
THIS 10 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE PQLICV PERIOD INDICATED.
f NOTWITHSTANDING ANY REQUIREMENT,TERRA OR CONDITION OF'ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OW MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES:,
CO (x)UCY EFFECTIVE " POLS:Y EkPIBATID'1 LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE POLICY NUMBER
LT DALE(MMIDOfYY) DATE(MWDDIYYI t N AGGREGATE
GENERAL LIABILITY
BODILY
X COMPREHENSIVE FORM ', CCP 233 43 96 03/31/85 03/31/86 "Fly $ 500 $- 500
PREMISES/011PEPATIONS G0Lpri.�ir°ioslo°+a caLiaPaE HAlARFI `uq covereage only MAGE $ 100 $ 1ie0
t. PROOUCTSICOMPLETED OPERATIONS
X CONTRACTUAL BI3 wo
2
t INDEPENDENT WNTRACTORS�. -
SROAD FORM PROPERTY DAMAGE
�iiSONAL INJURY PERS014AL INJURY
.'AUTOMOBILE LIABILITY.,
u ANY AUTO' �I.lyA � � 9� 3/31/s�. 03/31/�F7 (PER PEILCN) $
t X ALL OWNED AUTOS, PAS. ) (zxrJv
i r �qq
OAYNED AUTOS( HERPTASSN� (�PEr fOE!Jij
' Sd, HIRED AUTOS
PROPERTY _
ti NON-0WNED AUTOS DAMAOE �
G/}RAGE'LIASILITY Ei1 b PD
COMBINED $
EXCESS UAilLLTY`,
$,
Fx]:1r>fapELia RUL' 826199: 03/31/80 03/33/88 : 81 6 PD '
COMBINED r� $ ✓
;. OTHER.THANJABRELLA FORM �� 000
�. STATUTORY •. `,,. ':r .
CORKERS COMPENSATION O�Tt�Ps'
AND : . 2.3r�• 45 :95 •.. 03/31/85 . 03/31/86 $ 100 (EACH ACCIDENT)
EMPLOYERS'LIABILITY 4)
LIMIT)
(DISEASE-EACH EMPLOVEE)
i' OTHER.
DESCRIPTION OFyOPERATK)NSILOCATIONSNEHICLES/SPECIAL I"(EMS
}=l° t Curb b autte r Project, -° Phase- 1
• � i
1
4135 • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SPORE TH'E'EX•
Cit of .7d*f'�rson PIRATIOI��ATE THEREOF, THE ISSUING COMPANY Y;riLL ENDEAVOR TO
y MAIL ss DAYS WRIMN NOTICE TO THE CERTWICATE HOLDER NAMED TO THE—
LEFT,BUT FAILURE TO MAIL SUCH NOT=SHALL SSR NO LVUGATION OR LIAOIUTY
JIM Emit MCCarth OF ANY KIND UPON THE COMPAN , ITS ACiEN yR RE ESENTAIW .
y AU=RID RESENTATIVE
t ' ' Yf fartari City MD 6101
Finder No
83B
NAIMAE ANDADE)FIESSOF AGENCY COMPANY CM
Lockton Insurance Agency
P.O. Box $418 Effective
Expires V9--1 12_01 ern— Noon B-23 .19 85
J
Prairie Villagai, KS 66208
L, ]This binder is issued to extend coverage in the above named
company per expiring policy #
(nxrv[A--I�noted below)
INAME AND MAIL INFA)DI I S;51 IN"'LT1115 Description of Operat Ion/Voh lcles/Property
City of Jefferson
320 Z. McCarty
Jefferson City, M 65101
N
Type and Location of Property Coverage/Perils/Forms Arnt of Insurance Ded, coins.
P
R
0
P
E
R
T
Y
Type of Insurance Coverage/Forms Limits of Liability
Each Occurrence Aggregate
L
1 ❑ Scheduled Form El Comprehensive Form Bodily Injury mai'm $
❑ Premises/Operations
I E.1 Product s/Completed Operations Property Damage 1()0,000 $100,000•
L
I El Contractual Bodily Injury &
T I?-][ Other (specify below) Ommrs Protective Liqbility Property Damage $ $
Y Med.Pay. $ Per $ Pe r Combined
Poison Accident
Personal Injury E1 A 1--1B Li.C Personal—Injury $
Limits of Liability
A ❑ Liability Non owned El Hired Bodily Injury(Each Person) $
UT 1:1 Comprehensive•Deductible $ Bodily Injury(Eacn Accident) $
0 ❑0 Collision-Deductible $
M -
0 1-1 Medical Payments $ Property Damage $
B ❑ Uninsured Motorist $
L El No Fault (specify): Bodily Injury & Property Damage
Other (specify): Combined $
WORKERS' COMPENSATION — Statutory Limits (specify states below) El EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONS/OTHER COVERAGES
Contractor-Willard Stockman Construction, Corp. Star Route 3, Schott, Jefferson City, HD 6510
Project-1985 Curb & Cutter Project-Phase I
Contract Amuntt 31411,9231.
t4AMEAN0A010),f11,'S501 PA0111GAGIF
tzed Rupwsen Data
talive