HomeMy Public PortalAboutORD10481 BILL NO. S45 —_I
SPONSORED BY COUNCILMAN 40 7
ORDINANCE NO. _ _
AN ORDINANCE Of THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT WITH THE WILLARD STOCKMAN CONSTRUCTION
CORPORATION FOR MHE 1985 STORM WATER DRAINAGE PROJECTS, PHASE I.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ,TEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and directed to
execute a contract with the Willard Stockman Construction Corporation for
the 1985 Storm Water Drainage Projects, Phase I for the sum of $21,722.00.
Section 2. The contract shall be substantially the same in form and
content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and
after the date of its passage and approval.
Passed Approved
— 3--� �- �-
Presiding fiver Mayor
ATTEST:
e., CZARA
R
M
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this day day of
19_ , by and between the Wzl' lard Stockman
Construction Corporation I 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 Storm Water Drainage Projects,`
Phase I
NOW, THEREFORE, the parties to this contract agree to the
following:
1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools,
equipment, materials and supplies necessary to perform, and to
perform, said work at Contractor's own expense in accordance with
the contract documents and any applicable City ordinances and
state and federal laws, within Thirty (30) (calendar, u=WR!y)
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.
2. Prevailing Wages. All labor utilized in the construction
of the aforementioned improvements shall be paid a wade 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.
6-026-032 oora ,
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 RSMo, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day
or portion thereof that the workman is paid less than the
stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contractor shall procure and maintain at its
own expense during the life of this contract:
(a) Workmen's Compensation Insurance for all of its
employees to be engaged in work under this contract.
(b) Contractor's Public Liability Insurance in an aniount
iiot less than $800,000 for all claims arising out of a
single occurrence and $100,000 for any one person in a
single accident or occurrence, except for those claims
governed by the provisions of the Missouri workmen's
compensation law, Chapter 287, RSMo. , and Contractor's
Property Damage Insurance in an amount not less than
$800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount riot less
than $800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its own expense and deliver to the
City an Owner's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an
amount not less than $800,000 for all claims arising
out of a single accident or occurrence and $100,000 for
any one person in a single accident or occurrence,
except for those claims governed by the provisions of
the Missouri workmen's compensation law, Chapter 287,
RSMo. No policy will be accepted which excludes
liability for damage to underground structures or by
reason of blasting, explosion or collapse.
(e) Subcontracts. In case any or all of this work is
sublet, the Contractor shall require •t-he 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 operations under this contract,
whether such operations be by the insured or by anyone
directly or indirectly employed by it, and also against
any special hazards which may be encountered in the
performance of this contract.
NOTE: Paragraph (f) is construed to require the
procurement of Contractor's protective insurance
(or contingent public liability and contingent
property damage policies) by a general contractor
whose subcontractor has employees working on the
® project, unless the general public liability and
property damage policy (or rider attached thereto)
of the general contractor provides adequate
protection against claim arising from operations
by anyone directly or indirectly employed by the
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 work of subcontractors and to give
Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this contract
shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
5. Liquidated Damages. The Director of Public Works may, at.
his discretion, deduct $100 per day 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 tiriye, as long as the City does not terminate the
right of Contractor to proceed. It is further provided that
Contractor shall not be charged with liquidated damages because
of delays in the completion of the work due to 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 ccffpleting the work, such
materials, applicances and structures as may be on the work site
P
and aru necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
8. Guards and Lig s. The Contractor agrees to defend,
indemnify, and Nave the City harmless from and against 311
claim,, 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 the 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 August 29 , 1985 , 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 followings
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Ngtice 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.
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
Star Route 2, Schott Road, Jefferson City, MO GP101The date of
delivery of any notice 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 MiEREOF, he parties haye hereunto set
their hands and seals this day of per.
19�l.
CITY OF JEFFERSON, MISSOURI
BY
r MAYOR
ATTEST:
CITY CLERK
CONTRAC'T'OR
Title:
ATT7�T:
:f -'� SECRETARY
n ► " Dander No
4320B
• e o s o • r e �
NAME AND ADDRESS OF AGENCY COMPANY
Lockton Insurance Agency -_ __ _ - CNN
P.O. Box 8418 Effective 1?,r Ol am _9-3 ,19 85
Prairie Village, KS 66208 _ Expires ;1 12:01 am (_f Noon 11-3 .19 85
(A This binder is Issued to extend coverage In the above named
company per expiring policy N _ _
IV.r:npt n5 f—IW be lo_vrl
NAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/property ~M
City of Jefferson
320 East McCarty Street
Jefferson City, MO 65101
Type and Location of Property Coverage/Perils/Forms Amt of Insurance Dad. 00%°'
P
R
O
P
E
R
T
Y
-�— Liability _
Type of Insurance Coverage/Forms -- Limits of Liability --
L — ` _ _ __ _`^_ Each Occurrence Aggregate
❑ Scheduled Form ❑ Comprehensive Form R Bodily Injury $ $
A ❑ Premises/Operations
❑ Products/Completed Operations Property Damage $ $
❑ Contractual Bodily Injury &
Y Other (specify below) Owners Protective Liability Property Damage $ 800,000 $
❑_ Med.Pay. $ Per $ Per Combined
Person Accident
[J Personal Injury — ❑ A r B_ L_�C _Personal Injury $ _—A--
f— _ `Limits at Liability _-
A ❑ Liability ❑ Non-owned ❑ Hired (Bodily Injury(Each Person) $
U
T ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident)
0 ❑ Collision-Deductible
M
0 ❑ Medical Payments $ Property Damage $
8
I ❑ Uninsured Motorist $
L ❑ No Fault (specify): Bodily Injury & Property Damage
E
❑ Other (specify): Combined $
❑ WORKERS' COMPENSATION — Statutory Limit, (specify .states below) (.I EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONSfOTHER COVERAGES
Contractor - Willard Stockman Construction Corporation, Star Route 2, Schott Road, Jefferson
City, MO
Project-1985 Storm Water Drainage, Phase I
Contract Amount-$21,722 1
NAME AND ADDRESS OF Ll MORTGAGEE ❑ LOSS PAYE C C._J A.UU'L INSURED
LOAN NUMBI.rT —�
Signature of Authors yd Represonlative — Date
!I!1111f:1 11:111411111111,11
OWNS III I III
ISSUE DATE(MMtOTYY)
Mill
09/19/85
m�
PRODUCER 1 THIS CERTIFICATE 10 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHT4 UPON THE.^ERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THII COVERAGE AFFORDED BY THE POLICIES BELOW,
Lockton Insurance Agency --+�
P. O. Box 8418 NCOMPANIES AFFORDING GCOVERAGE
Prairies Village Ks 6 208 COMPANY
LETTER American Casualty_ In%. Co. (CNA)____
COMPANY
INSURED LETTER RL I (Heartland)
COMPANY c
Willard Stockman Consst. Corp. Transportation Ins. Co. (CNA)
COMPANY D
Star Route 21 Schott Road LETTER
Jefferson City, MO 65101 COMPANY E —�
LETTE";
'THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE BP.AY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN!S SUBJECT TO ALI.THE TERMS,EXCLUSIONS,AND CONDI.
TIONS OF SUCH POLICIES.
CO DATE I EFFECTIVE
WIM POLICY EXPIRATION)l
LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER PATE IMM/DD/Y'Y) DATE(MM/Udll11 -' EACH AGGREGATE
.CUItRFNC_E
GENERAL LIABILITY — BODILY
A x COMPREHENSIVE FORM CCP 235 45 96 03/.31/85 03/31/86 INluRY $ 500 $ 500
X PREMISES/OPERATIONS PROPERTY
X EXPLOSIONU&COLLAPSE HAZARD ul coverage only DAMAGE $ 100 $ 100
X PRODUCTSICOMPLETED OPERATIONS
1t CONTRACTUAL BI a PD
COMBINED $
INDEPENDENT CONTRACTORS
An X BROAD FORM PROPERTY DAMAGE
K PEFQONAI.INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY tk�OlY
A x ANY AUTO .BUR 235 45 97 03/31/85 03/31/86 :PERRPERSM) $
X ALL OWNED AUTOS(PAIV. PASS.) HA71LY
PERRY '
ALL OWNED AUTOS OTHER THAN PRIV.PASS. PER GpDENTI $
x HIRED AUTOS
PROPLA'Y
X NON-OWNED AUTOS DAMAGE. $
GARAGE LIABILITY �-
1 eiarD
COMBINED $ 500
EXCESS UABILITY
B X UMBRELLA FORM RUL 826199 03/31/ ! 03/31/86 COMBINED 0 $ $
OTHER THAN UMBRELLA FORM v ,-- 2, else 2, emia
WORKERS'COMPENSATION srATUTORv
AND WC 235 45 95 03/31/85 103/31/86 � $ 100 (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ 500 (DISEASE-POLICY LIMIT)
$ 1101101 (DISEh;E-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/t.00ATIONSPIEHICLESISPECIAL ITEMS
1985 STORM WATER DRAINAGE, PHASE I.
Mh 14497 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF JEFFER8ON PIRATiol,�jATE 'THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL uurrDAYS WA!TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT F (LURE TO MAJL SUCH NOTICE SHALL IMPOSE NO OBLKIJ%TIDN M LIABILITV
� � E. McCARTY STREET OF ANY KI UPON THE COMPANY, ITS AGENTS OR RFPRE NTATIVEl3____�
JEFFERSON CITY MO 65101 AUTH 12 REPRE`fat TAlri -- _ -
V
THE AMERICAN INSTITUTE OF ARCHITECTS
'p
t �I
4
Bond Number 30SB100185587
AIA Documcnf A312
Payment Bond
Any singular reference to Contractor, Survey, Owner or olhor p,my simll be considered plural where applicable.
CONTRACTOR (Name and Address): SURE'ry (Name and Principal Place of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, Missouri 65101 Overland Park, Kansas 66201-9146
Aft OWNER (Name and Address):
qV City of Jefferson City
320 East McCarty Street
Jefferson City, Missouri
CONSTRUCTION CONTRACT
Date: September 3, 1985
Amount: $21,722.00
Description (Name and Location): 1985 Storm Water Drainage Projects, Phase I
BOND
Date (Not earlier than Construction Contract Date): September 19, 1985
Amount: $21,722.00
Modifications to this Bond: Ixl Nome ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
.Willard Stockman Construclo Corp The Aetna Casualty and Surety Company _
Sif;natUre: Signature ____!� uG
Name and itle: Name and itle:
Deborah K. Braden, Attorney-'in-Fact
(Any'addltional signatures appear on page G)
(FOR INFORhfAT/ON ONLY--Name, Address and Telephone)
AGE or ROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
tRt `t a A tatJ"440aw 4peosof Other party):
Ad 0#438 s1;3" 844.34 .
AW44 kX42Q,, X4 0d44 66208
AIA DOCUMENT A312• PERFORMANCE 11OND AND PAYMINI UOND-OLOMIIER 191W Lu. •AIA •
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NLW YORK AVE.,N.W.,WASHINGTON, D.C. 2=Xp AQ12.11984 4
y
MIMI
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para-
bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surely's ex.
successors and assigns to the Owner to pay (or labor, pense lake the following actions:
materials and equipment furnished for use in Ili(! perfor. 6.1 Send an answer to the Claimant,with a copy to the
mance of the Construction Contract,which is incorporated Owner,within 45 days after receipt of the claim,stating
herein by reference. the amounts that are undisputed and the basis for chat.
2 With respect to the Owner, this obligation%hall he null lenging any amounts that are disputed.
and void if the Contractor: 6,2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, amount~.
for all sums due Claimants, and 7 The Surety's total obligation shall not exceed fire
2.2 Defends, indemnifies and holds h,rrmlv%s the amount of Ihis Bond,and the amount of this Bond shall be
Owner from all claims, demands, liens or .oils by any c redilml for any payments made in good faith by the Surely.
person or entity who furnished labor, materials or 0 Amounts owed by the Owner to the Contractor under
equipment for use in the performan-cc rnf the Construc. the CrnSlrLIC6011 Contract shall be used for the perfor-
tion Contract, provided the Owner has pr;:n,ptly noti- man(a of the Construction Contracl and to satisfy claims,if
find the Contractor and the Surolly (at the ,i dress de- any, !corder any Construction Performance Bond. By the
scriber! in Paragraph 12) of any c..rims, drna, nets, liens (:ontr.actnr lurnitihing and the Owner accepting thi!�Band,
or suits and tendered defense of such clainr,,,lumands' they agree that all funds earned by the Contractor in the
liens or suits to the Contractor and the- Surely, and perfornaam e of the Construction Contract are dedicated to
provided there is no Owner Default. sali5fv obligations of the Contractor and the Surety under
3 With respect to Claimants, this obligation hall be null this Bond, tiuhiect to the Owner's priority to use the funds
and void if the Contractor promptly makes 1mvrnent, di- for the completion of the work. "r
rectly or indirectly, for all sums due. g The Surely shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shill not be
4.1 Claimants who are employed by or have ;a direct liable for payment of any costs or expenses of any Claimant
contract with the Contractor have even notice to the under this Band,and shall have under this Bond no obliga-
g lions to make payments to, give notices on behalf of, or
Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond.
sent a copy,or notice thereof,to the Cl stating that
a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ-
stantial accuracy, the amount of the claim, ing changes of time, to the Construction Contract or to
4.2 Claimants who do no! have a direct contract with related subcontracts, purchase orders and other obliga.
tions.
the Contractor:
11 No Suit or action shall be commenced by a Claimant
.1 Have furnished written notice to Ihc: Con- under this Bond other than in a court of competent jurisdic-
tractor and sent a copy, or notice thereof, to lion in the location in which the work or part of the work is
the Owner, within 90 days after having last located or after the expiration of one year from the date(1)
performed labor or last furnished materials or on which the Claimant gave the notice required by Sub-
equipment included in the claim stating, with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the fast
substantial accuracy, the amount of the claim labor or service was performed by anyone or the last male-
and the name of the party to whom the mate- rials or equipment were furnished by anyone under the
vials were furnished or supplied or for wham Constnrction Contract,whichever of(1)or(2)first occurs.
the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by
.2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties
part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be app)ica-
in 30 days of furnishing the above notice any ble,
communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall
the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig-
paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner
.3 Not having been paid within theahove3t)days, or the Contractor, however accomplished, shall be suffi-
have sent a written notice to the Surety (at the cient compliance as of the dale received at the address
address described in Paragraph 12)and swnl a shown on the signature page.
copy,or notice thereof, to the Owner, staling 13 When this Bond has been furnished to comply with a
that a claim is being made under this Bond and statutory or other legal requirement in the location where
enclosing a copy of the previous wrillun nolic v the construction was to be performed,any provision in this
furnished to the Contractor' Bond cunflicling with -;aid statutory or legal requirement
S If a notice required by Paragraph 4 is given by tae Owner shall be deemed deleted herefrom and provisions con•
to the Contractor or to the Surety, that is sufficietat cumpli_ forming to such statutory or other legal requirement shall
ante. be deemed incorporated heroin. The intent is that this
AIA DOCUMENT A312 - PERrORMANCE BOND AND I'At'MINr IIONI) - 01 CIMIIIk rvaa (1). •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.,N.W.,WASHINGTON. D.C. 2", A312.198A 5
MIND
w
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
1 arin g!,lobe a Contractor and the Contractor's subcontractors, and
potential beneficiary of this Band, the Contractor Upon request by any person or entity app all ether items for which a mechanic's lien may be
shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
15.2 Construction Contract:The agreement between
1S DEFINITIONS the Owner and the Contractor identified on the si8-
1S.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and
contractwith the Contractor or with asulxuntractorof changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has
ment for use in the performance of the (:owract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
tion in the terms"labor,materials or equipment" that perform and complete or comply with the other terms
part of water, gas, power, light, heal, ail, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
! (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: .+. Signature: .
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 •PERFORMANCE BOND ANI) I'AYMLNT IIOND-OLCEMHLR 11IIMI 11). -AIA .a A n
THE AMERICAN INSTITUTE OF ARCHITECTS,1175 NEW YORK AVE.,N.W.,WASHINGTON,U.C.1wob /+312.1984 f)
NO ---- __ ]
s
TM ATNA CASUALTY ANO liURM COMPAW
Hartford.Connecticut 06110
LIPS iCACLALTY
POWdR OF ATTORNEY AND CUMFICATE OF IiMH IRITY OF ATTORNEY(t{•IN-FAhiCT
KNOW ALL MIN BYT11M PROINNTB,71HATTHE,6TNACASUALTY AND SURETYCOFRFANY,a corporation duly organlied under theIowa of the
swo of Connecticut,Cud ht::vkhe he principal~In the City of Hahtfc+.d,Cosrtty at HarMerd.State of Connecticut,hash made,constituted and
appointed,end does by those Orasonla meta,oonstltuas and olspolnt J hu T. Lofktop JJr. o n . Lo kton,l r
ao E ns o , yission Hi11s va ass or r a C. t e dl �I�c ere C. oat, A e9iaral D.
�pppsa Clffietrs.l. Young Brisa @, Cooper or'�it�iorath �. traAon, erland ark,Kanaaa or
or Gary F. Hambri(R�ht David M. Lockton or William ?l. Frick, Kansas City Missouri.or
Herlin D. Redfield, unexa,Kansas or Don G. Osborna, Leawmd,Kansas or William L. Frick,
Shawnee MissionsKansas - -
of ,Ie true and iswki Moensy(s)-in-Fact.with hill power and authority hereby contorted
to aien,carartc Will Ret<tD"ohifts,at any pf=tAd On the Untfsd 91:04,err.If the following Ono be filled In,within the area there cloolg-
reNd .the folte ails g Inotrwriewtla):
byhWlhw colt etr lairsendeatdryantiEdbar'# 4Dndt"eras!IndemMry,and otherwritings obligatory inthensturaofubond,
recogMaonoe,or eonl0ftnal undtrcUm and arty end ail c bents Inoldams thoroto
and to bind THE,ETNA CWYJALTY AND SURETY COWANY,theroby sa fully end to the oems assent of If the aama were signed by the duly
su tudaedo7RoaretlTNIE* NACAGUALTYA NDWALTYCOMPA."lY,andL1thoactsu of seldAtiorney(ol-In•Facl,pursuant to the euthoriryherein
ohni n,we hereby rsfiibdi and aenflmted.
This appointment Is made under and by etrtc ante of the fat owing SUm&lr q RosciftWons of sold Company whWi Res olutions are now in full force
and cffm:
VOTED:That each of to killo+etnt officers:Chairman.Via ChWffrm,Prssidctit Any Executive Vice Pnacldom,Any Senior Vice President,Any Vice
Prasidont.AnyAwaistord Vks PreekkK Arty lecratary.Any rr4y from time to0me appoint Itaslawt Vice Prooiciente,Resident
AeekesrrtSoaetarioe,Anaeneye in Pfa:t,and Ag"toodiotsrtdonb@WcfftCompany and maygivesny ouch appointee such authority as his
crIM eta of rVMcitity tray preaoribo to Sign With this Competty'e name and east with the Company's wet bonds.recognizances,contracts of
ind;tunity,and other writk oe obEgatory In the nowns of a bond,rcognbartoN of conditional undeafsWng,and any of said officers or the Board of
Dlrex:tors may at any Um remove any ouch appointee and revdra this pwesr and authority given him.
VOTED:That my band,reoogrdaen im ciantnrct of hdentrdiy,oraYlting ob!lptony In the errors isle bond,recognitance,or conditional undertatdng
shelf but valid and blyding upon Ow Company whan(a)eignsd by die CfwGrsar,the Vice Chairman,the President,an Executive Vice Praoidont,a
Senior Vino President,a Vice I moldsat,sn Assistant Via P►ewdeM or try a f;ae!dsnt Via Prosldant,pursuant to the power prescribed in the
certificate of authorkyof such Rtoclont ViaPreakknO adduly anostad antieaalad with theCompanv's test by a Secretary or Assistant Secretary
or by a RackW Aaabtent Secrstary,pursuant totho powerproctxi!»d In the cartfiwta of mthorhyof such Rosidsnt Asahtant Secretary;or(b)duly
executed(under asol,If required)by one or moreAnanraya•trt-Fad rxarmw to too pmor prescribed in his or thNr cenllkAte or ce"IfIcatto of
outhoriry.
This Poser of Attomay and Cordfkate of Authority Is t*Ad rand coaled tryfocalmlls under and by suthnrity of the following Standing Resolution
voted by this Board of Directors of THE ATNA CASUALTY AND SURETY COMPANY which Resolution is non in full force and affect:
VOTED: Thal true wansture of each of thilli mWcdrt o6Aaoeo:Chairmsa,Viol Cfuiiriman,President,Arty Executive Vice Prasidant,Any Senior Via
President.Any Vice IsmMort,Any AocietantVNS Prasidoat.Any Sanatory,Any AssfatEnt Secretary,end the seal of the Company may ba affixed by
fsealm8e to any poser W tat easy or to mly oorttsc"aa rdatirg tharrm"peio ifng Resldmt Vice Prvskinttts,Resident Assistant Secreforive or
Anornaye.in-Fact tiv orayofatesauIftandanastfngbror&"ufadwUNtooandc0tawrnlrgtobitgriory Inthenaturelheraet,andany
such polo®,of suotmay,or eordflaate baorkg surd,fsa t Me dgittiu m or fm lrttte owl shag bo aslld and binding upon the Company and any such
power so executed and etditd by otich faoalii0a signature ird ftcalagis osel shtil be valid and binding upon the Company In the future with
respect to any bond or wrdwaiiirg to rtiddh if Is attwu had.
IN WITNESS WHEREOF,THE iETNA CASUALTY AND SURETY COWANY has caJaad this Instrument to be signed ter i�a Assist an t
Vice President end its oarpanate seat to be home affixed this 27th
day of
September '19 84
"�1ef0 TN 77. "U��CO0.TPAffY
"State of Connecticut J mph . Kiernan
county of Hartford so.Hanford Assistant Vice President
on aids 27th day of September is 84 ,ba bra me pereorWiv come �eiJOOSSpEPH P. KIERNgA��H��11tl
to me known,who,bent by no duty vaom.and daaoto and sty:titan hsishe Is A S I bow Itr"Vhuimaertptlnaat�aToM knows this
THE ATNA CASUALTY AND SMETY COWANY,des owperstlam dlternlbed in and which exocut e
sae of said corporation;drat tie see eF)bed so ft saki Inht*mutt Is ouch owporm srtSi;and that Mehl"exacurad the said Instrument on behalf
of the corporatlar by sulbotity of his/her offloe under the 89mdlnt Resoketloro tlt"roof.
arvism Metal 31.1089 Notery Public
CERTIFICATE Joh tta H. Dagnatt
L this undersigned. Sec re tatty of THE.BTNA CASUALTY AND SURETY COMPANY,a"cock corporation of the
fit""of CormeotictR,DD HV EBY CERTIFY t0hatihs fore®okg and Wed"tower of Attorney and Celt kale of Atcthaify temsihe in MN fares and
has not been revok"d;and hwphormom that the gftndWq Resekktae of go Dowd of okactors,as"at Earth in this Gttilkeq of AtMicirity�am now
In forep. : N , has.
Signed and sissified M tM ikremo Of toe of the CMpWt(f,In the Chy of tlatford,Smote d this day of
a Vinclont A. Na1sh, Secretary
{Wt1111114E)iii)5•70 .. i"61100 10 IN U.&A
L iv
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond Number 30SB100185587
AIA DocurnerTl A3'Q
rerformance Bond
Any singular reference to Contractor, Surely, Owner or other parry shill be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety- Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, Missouri 65101 Overland Park, Kansas 66201-9146
OWNER (Name and Address):
City of Jefferson City
320 East McCarty Street
Jefferson City, Missouri
CONSTRUCTION CONTRACT
Date: September 3, 1985
Amount: $21,722.00
Description (Name and Location): 1985 Storm Water Drainage Projects, Phase I
BOND
Date (Not earlier than Construction Contract Date): September 19, 1985
Amount: $21,722.00
Modifications to this Bond: 9 None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: . (Corporate Seal) Company: (Corporate Seal)
Willaid Stockman Constru i Corp The Aetna Casualty and Surety Company
Signature: Signature'
Name and Title:: , Name and itle: Deborah K. Braden
Attorney-In-Fat~t
(Ariy additional'signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
, a ,P0sJ6 pw jggatcy other party):
load dike hem .941-Y
AdA4 VX4§;el kr,w" 66205
AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BONU- DECEMBER 148.1 lU. ^AIA 4
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON,O.C.30M A312.1954 9
1 The Contractor and the Surety, jointly and severally, which if may be liable to the Owner and, ac
bind themselves, their heirs, executors, administrators, soon as practicable after the amount Is detcr-
successors and assigns to the Owner (or the per(ormance mined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and nulify the
s 2 If the Contractor performs the Construction Contract, Owner citing; reasons therefor.
the Surety and the Contractor shall have no obligation S If the Surely does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surely shall be deemed
provided in Subparagraph 3.1, to be in cicf,iult on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shall arise after: denlanclrng that the Surely perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contra(for and the remedy available to the Owner. If the Surely proceeds as
Surely at its address described in Paragraph I0 below provided in Subparagraph 4.4, and the Owner refuses they
that the Owner is considering; declaring a Contractor payment lendered or the Surely has denied liability, in
Default and has requested and attempted to arrange a whole or in Dart,without further notice the Owner shall be
conference with the Contractor and the tiurefy to be entitled ire enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing;the Construe- f, After the- owner has terminated the Contractor's right
lion Contract. If the Owner, the Contractor and the In complete the Construction Contract, and if the Surely
Surety agree, the Contractor shall be allowed a reason- elects to ac I under Subparagraph 4.1, 4.2, or 4.3 above.
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreemert shall not waive the Owner's right, if not he greater than those of the Contractor under fhe
any, subsequently to declare a Contractor Uefaull; and Consfrm lion Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Doia till and Owner under the Construction Contract TrI limit of the
formally terminated the Contractor's right Ir, romplete ,lrnouni ipf this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not he de- Ownc:r of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Cowrar for and costs and i lanlages on the Construction Contract,the Sure-
the Surety have received notice as provided ui Sub- ty is obligated wilhout duplication for:
paragraph 3.1; and
6.1 the responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the Baianee of the tion of defective work and completion of the Construc-
Contract Price to the Surety in accordance with the lion contract;
terms of the Construction Contract or to a contractor
selected to perform the Construction Confrar t in,iccor- 6.2 :vidi(ional legal, design professional and delay
dance with the terms of the contract will) the Owner. cost,, resulting frorn the Contractor's Default, and re-
4 When the Owner has satisfied the conditions of Para- sultnog; from the actions or failure to act of the Surely
graph 3, the Surely shall promptly and at the Surety's ex- under Paragraph 4; and
pense take one of the following actions: 6.3 liquidated damages, or if no liquidated darnages
4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam-
Owner, ages caused by delayed performance or non-perfor-
mance of the Contractor.
Contract; or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con-
lion Contract itself, through its agents or through inde- struclion Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struclion Contract, arrange for a contract to he pre- 8 The Surety hereby waives notice of any change,includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to he secured related subcontracts, purchase orders and other oblig;a-
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the lions'
Construction Contract, and pay to Ihr Owner the g Any proceeding, Iega1 or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's dvfaull; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and Complete, arrange Default or within two years after the Contractor teasud
for completion, or obtain a new contractor and wills working;or within two)years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc-
curs first. If the provisions of this Paragraph are void or
.1 After investigation,determine lha anuxnit for prohibited by law, the minimum pvriod of limitation avail-
AIA DOCUMENT A312 • PERFORMANCE IfOND AND I1AY10tNi IIOND • DECEMHIR I-)rw II •AIA e
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEw 1oRK AVE.,NW,WASHINGiON,D.C. llJ K, A312.1984 2
able to sureties as a defense in the Jurisdiction of the suit Irat for of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other cl.tims
10 Notice to the Surely,the Owner or the Canfraewr shall for dantages to which the Contractor is eollUed, re-
be mailed or delivered to the address shown on the si,. behalf by all voted and proper r the Con made to or on
t, behalf of the Contractor under the Construction Con-
nature page. trar t.
11 When this Bond has been furnished to comply with a 12.2 Con strudIon Contract:The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig.
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement e hanges Iherr_to.
shall be deemed deleted herefrom and Ilruvisions con•
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this v✓hic It has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond ,ind not as a form or otherwise to comply with the terms of the
common law bond. Construclion Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The ultal amount neither been remedied nor waived, to pay the Con-
payable la the Owner l the rice: T e t under the tractor as required by the Construction Contract or to
Construction Contract after all proper aeliustmems therof. and complete or comply with the other terms
have been (Wade, including allowance to file Con-
MODIFICATIONS Ihen:of.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
! (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL suitor
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: _ Signature:
Name and Title: Name: and Title:
Address: Address
AIA DOCUMENT A312 •PERrORMANCt HON10 ANP PAWINT IIONU •IN(IMIIIR 1118.1 11). •At4 •
THE AWRICAN INSTITUTE OF ARCHITECTS, 17.13 NI 1Y YORK AVE.,N.W.,WASIiINGI()N, l).C. 2tx", A312.1984 3
Lz T"F AMA CWJALTY AND SURETY C(AAVANV
Hartford,Connecticut 061 is
Lift Or CANUALTY
POWO OF AT"MNEY A1V0 CER 1RCAT'E OF AUT?E59F ffY OF AT7Q5 NEV(SHN-FiA,CT
KNOW ALL MEN W T"191 Pftl8tNTS,TMAT THE ATNA CONJALIYAND WARTY COWANY,a corporation duty organized under the laws of the
Elate of ConntdicuL and MtArh K$prinofpal.Riot In the City of HantoN,Ccurty of Hanford,Shit,.of Coonoolcut,hath made,consblutod ann
appointed,end doe by awes poesan molts,coneftt eo and aw"Irl J hn T. Lo kto r. ,ro n T. Lo h ton i I I r
i7oaae E� its o�a vission Hflli Ka sso or 3a e� C. F tar >� ART.I C. roat� HiC isel D.
ppse 1ifl0z . Dung 8r an �°. PIN POT or orah V. lrahenti erland krarkaitrtnsae or
or Cery F. Hembrigght Dav d M. Lockton or. William M. Prick, Kansas City Missouri.or
Marlin D. Hed¢ialdI tenexarKensas or Don C. Osborne. LeateoodIMAnasa or William L. Prick,
Sharma@ MissioneKanoas - -
oC ,Its true and kmkl A tomay(n)•in•Fatl,with full ptwvar and Authority hortiry contorted
to alm aptiou"gill asbnowfsdga,at any pisas wwn she United Aiietas,of.It the following ono t:v filled in,within the et&a there deals.
now ,Ms tbtl*w1ng In 17wrti,.tie):
by hhRtar ools abgng M and ash any Md an waft romoml artwth,oattroaie of k4amnity,and What wrong*obKgetory in the,.stun of o bond,
teoogn111WI ,or cond MA undathatdng,and say and sN ooeaeats IMWIara the-M
and to bind THE XTNA CAE<MTY AND XURETY COMPANY,theraby m fully and to thi some extant as It the tams were signi4 by tlru duly
ataMaAsedoRlcars d TH14TNACASUALTY AND SURETY COhVANY,end on the gists of said Attomsy(s)•in-Inter,pursuant to the authority herein
given,we hKaw mom and oadinind.
TMs oppointmerN is meds rmdw OW by attaatsriky of dre fofl"Ing Standli ng Resolutions of sold Company which Resolutions are now In full force
arnd.f�ed:
VOTED:ThNeischOfNteie Ors.+tsgofRaers:OtWomen,Vice Chalrmst,Pre oktsnt,Arry Exe aAiveVicaProaldenL Any Senior Vice President.Any Vice
Waaidont.Any AtiltWantVfoaPrsaidw%Any Ste.AmyAerlaternetT nary,mayfrom drnetotlrneappclatAaoidentViaProsldents,Resident
Ansltttsrtt Saateamioe,Alktmd'y94�end Ao"to act for and err bsiaxff of ft Compr nV and may give ony etch appointee such authority as his
cwt►Rem of tuft tY may,prasatbe to clan with dto Canpen y's name trod urol with the CompsrWs seal bands,reeogoizences,contracts of
indemnity,and other wdlifiga obflgel"In Ma newmaf•bond,reaagntasneo,or conditions!undsnakiny,end any of said officers or the @card of
Directors may at any time rameve any such aypolrttsa and raxaks ft poww std authority given him.
VOTED:Thal arty bond,r000Wkertae,setttiapt of 6eadenm9ty,or vMMAg 0W44tptg In der nahtro of a bond,recognitance,or conditional undsrtaWng
shalt be valid and bkWft upon the Compurry when(e)shirred by the Chairman,the Vlco Chairman,the President.an Executive Via President,a
Senior Vice President,a Vice Ptaeld4K an Aulart"Vim President or by a Rcaldent VIM Presidom,pursuant to the power prescribed in the
cartif mofauthatt fyofsuchfteldientVlesPrmident,anddulyMade da ndeasla dwtdttheCarrtinttty'esoilbya SocretarycrAssistantSsaetary
orbye RaoldarntAsslatsrnt8aazatary.porstannttodmspswerprsaeribed M ihsaott(Rcsmawf asdhodtyof a tehitoaidenlAsslatentSwratery;or(bi duly
ex*vA*d(under seal.if reourInd)by are or roast 04lontaysdti••FaU pumoM to the power praccribed in his or their wttificate or certificates of
authority.
This Power of Aftwmnay and Cerificats of Adtharfep Nalgetad and salad by tmO rtlia under end by authority of the following Standing Rasolu:lon
voted by the Board of Diredora of THE ATNA CASUALTY AND SURETY COMPANY which Resolution In now In full force and affect:
VOTED: That the slgnoturs of each of the folbantng amoauv:Ch4mrian.Vim Chairman,Pnaldant,Any Etewtive Via President.Any Senior Via
Prtaldant.Arty Via Maaidanl,AnyArxtletarutVbe Proldrisnt MyBtoratery,AryAuattuttant Serrcesry,and the&eat of the Company maybe affixed by
ba r0o,to any power N snHanay or to any mditsfm rofatkna Htw)alo oppcirtbno Rocklant Was Pratdentx,Resident Assistant Seceatarise or
Aft marysaln•Factforpurti eeeortlyofexaatdnpand-Zli "bendowtdwidWaldngsandothervMtkvsobligatoryin thenaturetMnof,andany
such poorer of mmay arrratdEosio bestktg rlts4t fst elnrRetadg+nahwa a ftassimge anal shell be valid end binding upon the Company and any such
power so sxauted end w"Mad by arch facsimile*nsttma @rid fawimils offal shell be valid and binding upon the Company In the future with
respect to any band or unewaking to whidh it Is attached.
IN WITNESS WHEREOF,THE AMA A CASUALTY AND SURETY COMPANY has caused this Inatnrment to be signed by its Assistant
Vice President and he corporate seal to be hereto affixed this 27 t}h
day of September 'tt 84 ,
THE A J euRETY CDfyiPANY
State of Connecticut J eph V. Kiernan
County of Hartford
I w.Harford Assistant Vice President
On this 27th daisy of September ,19 84 mfrs me parson0y,car" JOSEPH P. KIERNAN
to me known,who,bring by ms duly swan,dad dWotte and soy:Neo hajoia is A intaut Vice P a 1 ant os
TNE,E1TdA CASUALSYAND SU11ET11 COMPANY,iPra r>ae(aa>+don daetstbad In and which snowteri t 9 above Inatnrttwm:thFA knows the
sasl of said owporatbrn;that this aael sm ad b this acid hfrtfnpegcti issuct oarporsty earl;end dta Wafts yxuutsd tht said Instrument on btdtatf
of ft Corporation by subeft of h1aAw affin usxla On Ii1UK"Ram"ons tfteraof.
�....A My datlat arbors March fit,1e89 Notary Public
CERTIFICATE Joh M. D@Snan
1,the wtdamigned, Seatstatty of THE Mt HA CASUALTY AND SURETY OMPANY.o Mod corporation of the
Stan of CwMedout,DO HEiOESY CEIITIPY Malt@ fereSolnii wW anatdnadPttavaf of Ananssy and f:N06caee W&rlha ty,.amine to 6A taros end
has not been reeked;and f>+Mamars,that eha Sit Arno Rasolu¢Leno of the Rowd of Dkectars,as lidt forth ki this Car IxVA%M At,~y,we now
in fetes. �a�,
%ned snd Staled a dN"a"0111%of Ms Cow"W.In the r kV of i wftd,Slate tNte:T/C P � day of
y
By-
v ! _ Vincent A. Walsh@ Sa&cretary -
{ilaYi)M iTe PINVTfa,ty U b.A
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond Number 30SB100185587
AIA Document A372
Performance Bond
Any singular reference to Contractor, Sunvty, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety, Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, Missouri 65101 Overland Park, Kansas 66201-9146
Allik OWNER (Name and Address):
qP City of Jefferson City
320 East McCarty Street
Jefferson City, Missouri
CONSTRUCTION CONTRACT
Date: September 3, 1985
Amount: $21,722.00
Description (Name and Location): 1985 Storm Water Drainage Projects, Phase I
BOND
Date (Not earlier than Construction Contract Dale): September 19, 1985
Amount: $21,722.00
Modifications to this Bond: N None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate St=al)
Willard Stockman Constr t Corp The Aetna Casualty and Surety Company -
. �
Signature: �~ Sig,nature.
Name and Title: Name and Title: Deborah K. Braden
Attorney-ln-Fai.;t
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telepheme)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
.l0&4&M .91sd V"MW.e jgge#cif other party):
podgy U#rce gaz 84JT
p4alaia 'LVIC-_f-0, Kr••l.. cd• cr'2CL? _
AIA DOCUMINT A312-KRFORAIANCE BOND AND PAYMENT UONU•DIMMER 14114 ED. -AIA et
1HE AMERICAN IN5TITUTE OF ARCIMECTS,173S NEW YORK AVE.,N.W.,WAS111NE:T0N,D.C.2M A312.1984 1
r
0 1 The Contractor and the Surety, jointly and svverally, which it may be liable to the Owner and, at,
bind themselves, their heirs, executors, adminisl tilt)rs, soon as practicable after the alluz'unl is deter-
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and notify the
r 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation 5 If Ihe Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed
provided in Subparagraph 3.1. to be in defaull on this Bond fifteen days after receipt of an
3 If there is no Owner Default, (he Surety's obligation additional wrillen notice from the Owner to Ihe Surety
under this Bond shall arise after: demanding 111,11 the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contra(for and the remedy .available to the owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 helow provided an Subparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole,or in part,withoul further notice the Owner shall be
conference with the Contractor and the Surely to be entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construe- 6 After Ihe• Owner has terminated the Contractor's right
tion Contract. If the Owner, Ihe Contractor and Ihe to complete( the Construction Contract, and if the Surely
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above.
able time to perform the Construction Contract, but then Ihe responsibilities of [fie Surety to the owner shall
such an agreement shall not waive the Owner's right,if trot be greater than those of the Contractor under Ihe
any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor L>crfaull and Owner to Ihe Surety shall not be greater than those of Ihe
formally terminated the Contrac'tor's right In complete Owner under Ihe Construction Contract.To the.limit of the
amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall nol he de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure-
(he Surety have received notice as provided in Sub- ty is obligated without duplication (or:
paragraph 3.1; and
6.1 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc-
Contract Price to the Surety in accordance with the lion Contract;
terms of the Construction Contract or to a contractor
r selected to perform the Construction Corns r.0 I in eccor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with tic• Owner. costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surely
4 When the Owner has satisfied floe conditions of Para- under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's ex
pense take one of the following actions: 6.3 Liquidated eamages, or if no liquidated damages
4.1 Arrange for the Contractor, with consent of Ihe are specified in the Construction Contract,actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
Contract; or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Con.lruc- obligations of the Contractor that are unrelated to the Con-
tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner (or a this Bond to any person or entity other than the Owner or
contract for performance and completion of Ihe Con- its heir,, executors, administrators or successors.
struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice-of any change,includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontrart.s, purchase orders and other obli a"
with performance and payment bonds executed by a p 6
lions.
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the () oner the g Any proceeding, legal or equitable, under this Bone(
amount of damages as described in Paragraph b in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price inc ur reel by the the localio n in which the.work or part of the work is located
Owner resulting from the Contractor's defaull; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, ,rrrangv Default or within two years after (he Contractor ceawd
for completion, or obtain a new conlrac Inr and Willi working or within two years after the Surely refuses or fail%
reasonable promptness under the circunislant a-%: to perform its obligations under this Bond,whichever oc-
curs (ir,,t. If (fie provisions of this Paragraph are void (or
.1 After investigation, determine Ihe,unounl for prohibited by law,the minimum period of limiwtion avail-
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT IIONU • UECIMIIIR Plat•► 11). -AIA ■
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW 1ORK AVE.,N.W.,WASHINGTON, U.C.2LUM A312.1984 2
r'
able to sureties as a defense in the jurisdiction of the suit trat tor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
re-
10 Notice to the Surety, Owner or the Cont rat for shall for damages to which the Contractor Is enNNed, re•
Y dut ed by all valid and proper payments made to or on
be mailed or delivered to the address shown on thc sig- behalf of the Contractor under the Construction Con-
nature page. tract.
11 When this bond has been furnished to comply with a 12,2 Construction Contract:The agreement between
statutory or other legal requirement in the lot aiion where the Owner and the Contractor identified on the 0g.
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal wquireme•nt t hongvs Ihcrcto.
shall be deemed deleted herefrom and pnrvisions (:oil-
forming to such statutory or other legal rwit6rt•mcnt shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is Ihat this whit It has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bone) and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has
12.1 fiatance of the Contract Price: Thr IrJt.�l amount neither been remedied nor waived, to pay the Can-
b the Owner l the rice: T e t under the Ira(tr,r as required by the Construction Contract or to
payable Y perform and complete or comply with the other terms
Construction Contract after all proper adjustments thero(J
have been (node, including allowance, lu Ilw Con-
....•
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
! (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: � Signature:
Name and Title: Name: and Title:
Address: Address
AIA DOCUMENT A312 •PERFORMANCE HOND AND PA1'h11NT 110140-DIe(MIIIR t'IPrI 15. ,AIA •
THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 NI1V YORK AVE.,N.W.,WA51eINGTON,U.C. Z(Xxx; A312.1984 3
• '" a TM/a6 &CASUALTY AND SURETY COMPANY
Hartford,Connecticut 08115
LIP!!CA7xAlALTY
POWER OF ATTORNEY AND CE99'i'MATE OF AUTFOfMffY OF ATTORNEYS)-IN-FACT
KNOW ALL MEN W THISO PREIINTS,THAT"AITNA CASUALTY AND SURETY COMPANY,a corporation duty organirsd under the laws of the
State of Connecticut,and hoNrsg Its prMtdpal~In ft city of Hartford.County of Hartford,State of Connecticut hath made•constituted and
appointed,and don by then preearhN msm,oahatitm and appoint J hn T. Lo kto yyr. o n T Lo kwon,I r
��hh
on 8 sate , tauten Hiills KahRes or g o C. to dl Rt�c ae1.C. p oat, c�isel D.
Wh GCpre �li�foYd.B0 ftna Wrian $. c:aoper ov w�orah R raden6 erland ark,Kanaaa ar
or Gaty F. Haaabrigh¢ David Me Lockton or William Me Fricke Kansas City Missouri.or
Merlin D. Redfield, �enexa,Kansas or Don G. Osborne, Leawood,Kansas or �iillism L. Frick,
Shawnee Mission,Kansas - -
of xx Ite dwandlswfulAttorneyls}.in•FattvAth 110 power and eutharlty hereby conferred
to Mgr%axeout9 smil&Ann rlsdos,at eny plan wfdlin Cho United&rata,or,M the following fine be filled In,within the area there deelg-
tW,vd .IM ft>rors9ng Inelmmeit(s):
by his/her cola atgnawre aid oat arty and iM bond,,f"WAW")84 ea+nrseos of Indemnitr,end otiher writlnp6 obllostory In the natu re of c bond,
recognisance,a cora aasal undotakft and any acrd as commits ltiddoi tMreto
and to blind THE AM CASUALTY AND SURETY COWANY.thaWy se fitly and to the came extent as If the Same were signed by thu duly
aufhoAssd ofllos ro of THE ATNACASUALTY AND 6WRETY COW ANY,end as this acts of aaldAttomsytsl•in•Fect,pursuant to the authority heroin
given,e s horoby ridWad and cordinrad.
This appoIntment k mode under ared by avtsorhy of the folloaksg Stantgrig Resolutions of sold Company which natolutiona are now in full forts
and Rifest:
VOTED:That ads Mere followbtB oRlosre:ChMrmml.Vloa Cttalr'men.Pnstident Arty Exec tWe Via fin4dont.Any Senior Vita President Arty Vice
Praident.AnyAO*UmtVWsPraak*#.AnySoatfeayAnyAalsLSm =v.n yfromdmet otimeappointRoWeiritVisaPresidents.Resident
A30amnttoovwke.Anwrsoys4krPe w4ApanlatoodOwwWombehOolthe Compnnyandmeygiveanysuchappointeesuchauthorityaahis
gttlfkan of authaky may proaoribe to dgn takes des Conttpony'a rsarara and sn!haMh the L•ofrlpMy'e Bost txxda,racogniaulncao,cornrRde of
indeethnky,and else smsk4thps obSgRlaY to 11ss nahrea!a bonns<.t'eC�114Pnae,a ooidldonel undonWrng,end any M cited otncara ou the Goad of
Directors may at city ring rornovo a►y aush oppokoes SSnd rssva'na ft pesu r and authority given him.
VOTED:That"bond.roeogrhtsRnn.conimaat oft kdoorm ty,oresrFCl:tgobil 0MIn the nature ofa bond.reeogn 4ana,w conditional underwWrig
shalt be valid and Marling upon the Company ssihen tai Rtgawd trr tss Cluimtan,the Via Chairman,the President,an Executive Vice President,a
Senior Vice President,o Vice President.an Aselsema Vie li"Midlrt or by a Rssfdsoht Vice President,pursusm to the paww prescribed in the
gnificato of suthorky of mch Reel lent VlcePmtkWtt,ondck*a 49Wd and Baled wM the Company's sell by a Socre"ry or A.aimatnl Secretary
orltyaRaldpntAaslstsntSRaeaary,puradnoeMfbtlapmearprioGibedMtxtoxrffataofaut adtyof such ResldwttAssistem Secretary:orIblduly
executed(under seal.M requlred)fry one or more Aitornaya IrrFrd pursuant to the power preaaibsd In his or their csriMeato or certificates of
authority.
This Power of Attorna y and CortRcate of Authority k signed end saalod by fact nibs under"by authority of the follv+uing Standing Resolution
voted by the Board of Diredom of THE AETNA CASUALTY AND SURETY COMPANY which ne"utlow is now in full forte and atToct:
VOTED: That the algaature of each of des foflossMtg oNkom:ChRkrnmo,Vios Chalmnao,Pre6denL Any Executive Vies President,Any Sonia,Via
President.AnyVksPinaidasd.Any AscistamVioaPresidentAny,860stWAMy AmU mMSaxatary,and the Baalof the Company may be affixed by
farahnlle to any power of attanay or to any rfib&V tttaraso cps ehith%i i3s*Wl Via*PreaWarns,Resident Assistant Ser"ories or
gt¢arrasyskitiaetbrpurposasonlyofamaWng&Wa0sa tgbandaadurrfsr7tA}ngaacedathwwWrgsot>:igsioryinthenature thereof,andany
auch power of atsarsooy oragtiRaosu boorkig Rush fanasttnaeelgrtawue or boskinikt oast dhsR bo"Ild and bindlno upon ilia Company and any such
power so executed and oerditad by aids faoeisls slonapxa and fsc*nk oral 0*9 be vs8d and banding upon the Co(npuny in the future with
rocpod to any bend a undarfaklnp to Which k is Attached.
IN WITNESS WHEREOF,THE AFT"CASUALTY AND SURETY COMPANIV hu cousw this Iru irwnant to be signed by its Assistant
Vice President and No corpora aeol to be horsto affixed this 27th
day of September 'to 84
��� TMs` �!J► C.AAS tbL1RETV COMPANY
By
F
State of Connecticut J eph Kiernan
} so.Hartford Asristant Vice President
County of lianford
on this 27th day of September ,to 84 .bolore ms porvioneN cemR JOSIEPH P. KIERNAN
to met known.who.baling by rite duty tra mm,did depots WA any:than hwom Is Assistant Vice Poi en k of
THE/ETNA CASUALTVAND SURETY COMPANY.Ow oorpareflars deerlru ed In aid which exoc+tea ie abwo Ltetruman:thut9�afa knows the
ant of sold owporodors:Ow the aM&Mxed soon sold Iatrtnsard N such corporate awl:and that Wades executed the sold instrument on behalf
of ft arponsdon by autlsaky of Malice office undue drs ftKA hug Avicilt;Ikee thorW.
•'•,.,,,� My ha89 NoraryPublic
CERTIFICATE Joh N. Degnan
1.this undersigned, Secretary of THE AVXA CASUALTY AND SURETV COkWANY,s stock nwVAratktn of tM
two of Corrsecdcut,DO HM" dw Mae torsgolreg mW aewsf,ed Fewer o f Ancif Kerr and CerdScate of Au t hoft fonatre kh fur fatoa aid
has not boon revolt;and hurOwntors,dsa tla Saerdksg Raditftwa ad the Eiaerd cwt Dlrra a ere.n sotttxth i tssa Cenlficete ref Autloaity,are now
in farce.
Signed and SeMed at der Moms Office of dw 0ontpshy,In dye city of NmWierd,!Nate this day of
by
,t IIWE)tatr•» "� Vincent A. Walklsh, secretary rfr,Nro:oraUSA