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HomeMy Public PortalAboutORD10647 BILL NO. — p .-7 SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN CONSTRUCTION CORPORATION FOR THE 1986 CURB AND GUTTER PROJECTS, PHASE III. ,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Willard Stockman Construction Corporation, for the 1986 Curb and Gutter Projects, Phase III for the sum of $198,590.65. 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 62e), Pr siding Officef Mayor .ATTEST: CONSTRUCTION CONTRACT qW THIS CONTRACT, made and entered into this ` c) day of 19S C _, by and between. Willard Stockman _—Cansix-ustion Corporation , hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." rZgi--SSET}i• That Whereas, the Contractor has become the lcrv.cst responsible bidder for furnishing the su:�er•vision, labor, tools, equipment, materials and supplies and for constructing the follo::ing City improvemmnts: 1986 Curb & Gutter Project Phase III Hogan Drive - Moreau Drive NIJ-1, THEREFORE, the parties to this contract agree to the follo::ing: ' 1. Manner and time for Co,-mletion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipannt, materials and supplies necessary to perform, and to perform, said work at Contractor's am expense in accordance with the contract docents and any applicable City ordinances and state and federal laws, within sixty (60) //"' (ggAgpg'M, working) days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within rPn (10) days after the date of this contract. AM 2. Prevailing 1 ages. 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 t 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. 6-026-109 XWjMX&MXNbXXXXXXXXXXXXXXXXXXXXXXXXXX, 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 ammunt riot 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 i } compensation law, Chapter 287, RS14o., and Contractor's Property Damage Insurance in an ammunt 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 sirfgle 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 Owmer's Protective Liability Insurance Policy narning 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 wor}jrr_nIs compensation law, Chapter 287, R.SMo. 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 insuranpe 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 operatifons 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 procurc:rrv,:nt of Contractor's protective insurance (or contingent public liability and contingent property da.Tage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and Property dim3ge policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. 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 contrdct 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 $100.00 from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the Alk 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 be on the work site ' r and are necessary for conpletion 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 Lights. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claim, suits and actions of every description, brought against the City, and from all damage and costs by reason or on account of Any Wjbries 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 cmission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 10. Payn*nt 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 bid . of Contractor dated April 29 , 19__, 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' docunents shall consist of the fcdlcr-vings a. This Contract e. General Conditions b. Addenda f. Special Provisions e. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches 71iis contract and the other docu:mnts enumerated in this paragrijph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or rep^_ated 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. :d4: 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 1. The 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 ara'sing hereunder shall be interpreted according to the lav:s and statutes of the State of Missouri. 16. IN TESTIMONY tnIEREOF, the parties have hereunto set their hands and seals this day Of 19_ G CITY OF JEFFERSON, MISSOURI Y N�YOR ATTEST: CITY CLERK CONTRACTOR By� Title: ATTEST: SECRETARY CERTIFICATE OF INSURANCE Issued at the request of The CITY OF JEF.CEIMN, MISSOURI 0 mer Address: CITY HALL, JEFFERSON CITY, MISSOURI THIS IS TO CERTIFY that the insured named below is at this date insured with as described in the follaving schedule, and in full ccupliance with the Contract Documents, including all contractual liability coverage. DESCRIPTIVE SCHMULE Name of Insured: Address of Insured: I,ocations Covered: ® Description of Work: • PERFORMANCE AND ONE YEAR GUARAMT, BOND KNOW ALL AVIV BE THESE PRESENTS, that we, the undersigned hereinafter referred to as "Contractor" and a Corporation organized under the laws of the State of and authorized to transact business in the State of , as Surety, are held and firmly bound unto the hereinafter referred to as "Owner" in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for the payment of which stun, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOMIG OBLIGATION IS SUCH rnIAT: MOZEAS, the above bounden Contractor has on the day of , 19 , entered into a written contract with the aforesaid Omer for furnish- ing all materials, equipment, tools, superintendence, labor, and other facili- ties and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW SORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference; made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this Obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricallhg oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: AMk PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to bo performed thereunder, or the specifications acccurpanying the sane, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER, that if the said Contractor fails to pay the prevail- ing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and condi- tions thereof, the Surety will pay- the deficiency and any penalty provided for by law which the contractor incurs by reason of (his/its) act or omission, in any amount not exceeding the ammunt of this obliga- tion together with interest as provided by law: LTT=IMONY SMERDOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at on this the day of , 19 ddft 5'UREW WI PANY OWL TM 1C11OR By (SEAL) By (SEAL) By (SEAL) By (SEAL) Attorney-in-fact (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) �r �c�ens�.on ' • � • . 6-407E ME AND ADDRESS OF AGENCY COMPANY J.,o, ton Insurance Agency Hanover Insurance P.O. Box 8418 Effective12:01 am June 6 .19 86 Prairie Village, Ks 66208 Expires 12:01 am El Noon Oct 6 19 86 El This binder is issued to extend coverage in the above named company per expiring policy H iexcepl as noted below) NAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/Property City of Jefferson City 1986 Curb & Gutter Prolect 320 East McCarthy Phase III - Hogan Drive & Moreau Drive Jefferson City, Mo 65101 IM P Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded. colas. P R O P E R T Y Type of Insurance Coverage/Forms Limits of Liability Each Occurrence Aggregate ❑ Scheduled Form ❑ Comprehensive Form Bodily Injury $800,000. $ 800,000. B ❑ Premises/Operations $ 100,000. I Property Damage $100,000. L Products/Completed Operations I ❑ Contractual Bodily Injury & T © Other (specify betow)Wners/Contractors Protective Property Damage $ $ Y ❑ Med.Pay. $ Per $ Per Combined Person Accident ❑ Personal Injury [❑ A ❑ B ❑C Personal Injury $ Limits of Liability A 1-1 Liability El Non-owned ❑ Hired Bodily Injury(Each Person) $ T ❑ Comprehensive-Deductibie $ Bodily Injury(Each Accident) $ O ❑ Collision-Deductible $ M O El Medical Payments $ Property Damage $ B - I ❑ Uninsured Motorist $ L ❑ No Fault (specify): Bodily Injury & Property Damage E ❑ Other (specify): Combined $ ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONSIOTHER COVERAGES Designated Contractor - Willard Stoclmm Construction NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED LOAN NUMBER pnature of Authorized Representative Date ACORD 75 01/77-c) ®r ISSUE DATE(MM/DD/YY) PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lockton Insurance Agftr1jM,/"Y COMPANIES AFFORDING COVERAGE P. O. Dox 8418 '' Prairie Village Ks 66208 COMPANY A LETTER Hanover COMPANY INSURED 158 LETTER COMPANY c Willard Stockman Const. Corp. LETTER COMPANY Star Route 2, Schott Road LETTER D Jefferson City, MO 65101 COMPANY E LETTER 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 MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO rroupv EFFECTIVE POLICY ExPlranpN LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/001YI DATE(MNVODrrY) EACr+ OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY Iq >< COMPREHENSIVE FORM Q208 6861 03/31/86 03/31/87 INJURY $ $ H PREMISES/OPERATIONS UNDERGROUND PROPERTY x EXPLOSION&COLLAPSE HAZARD U� coverage only DAMAGE $ $ H PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL el&PD COMBINED $ $ K INDEPENDENT CONTRACTORS 1. 000 1 0012 H BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ 1. 000 AUTOMOBILE LIABILITY BODILY INJURY H ANY AUTO HA42 7574 03/31/86 03/31/87 (PER PERSON) $ x ALL OWNED AUTOS(PRIV. PASS.) BODILY NR ALL OWNED AUTOS(OTHER PASS.OTHER THAN I NR AWDENri $ )( HIRED AUTOS PROPERTY )( NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI&PD COMBINED $ 1 000 EXCESS LIABILITY UMBRELLA FORM BI&PO $ $ OTHER THAN UMBRELLA FORM $ COMBINED STATUTORY WORKERS'COMPENSATION AND WHK24 53687 03/31/86 03/31/87 $ 1 (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 500 (DISEASE-POLICY LIMIT) $ 101a (DISEASE-EACH EMPLOYEE) OTHER A OCP Binder #6-407E 06/06/86 06/06/87 800,000 AI OCC. 100,000 PD Oac. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS Construction of the 1986 Curb & [butter project Phase III Hogan Drive & Moreau Drive, City of Jefferson City, MO is add" 1 insured as respects liability only 19222 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION JZATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Jefferson City, MO MAIL 1 MAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 320 E. McCarthy F ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Y AUTHORIZ D.REPRE (•JTATIVE Jefferson City MO 65101 ��'�1 1 . 1 . THE AMERICAN INSTITUTE OF ARCHITECTS Bond NO. 30 SB 100 215 192 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, 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, MO 65101 Overland Park, KS 66201-9146 OWNER (Name and Address): ANIL City of Jefferson, Missouri City Hall Jefferson, Missouri CONSTRUCTION CONTRACT Date: May 20, 1986 Amount: One Hundred Ninety-Eight Thousand Five Hundred Ninety and 65/100 ($198,590.65) Description (Name and Location): 1986 Curb & Gutter Project Phase III Hogan Drive- Moreau Drive BOND Date (Not earlier than Construction Contract Date): June 11, 1986 Amount: One Hundred Ninety-Eight Thousand Five Hundred Ninety and 65/100 ($198,590.65) Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: *_i(Corporate Seal) Company: (Corporate Seal) Willard Sto m n Consttrp The Aetna Casualty and Surety Company Signature: SignatureName and Title: Vernon L. emme Name and it le: Deborah K. Braden Secretary/Trea rer Attorney-In-Fact; {Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or • The Lockton Insurance Agency other party): P.O. Box 8418 Prairie Village, KS 66208 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•OECIMUER 19M ED.•AIA A THE AMERICAN INSTITUTE OF ARCHITECTS,InS NEW YORK AVE.,N.W..WASIIINGTON,D.C.20006 A312-19H i I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deirr- successors and assigns to the Owner for the pt-rformance mined, lender 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 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If(lie Surety does not proceed as provided in Paragraph under this Bond, except to participate in conf(:rences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. it)be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surely's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified file Contractor and the this Band, and the Owner shall be entitled to enforce any .1 a its address described in Paragraph 1a below remedy available to the Owner. If the Surely proceeds as Surely provided in 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,without further notice the Owner shall be conference with the Contractor and the Surety 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 tht-Construe- 6 After the Owner has terminated the Contractor's right lion Contract. If the Owner, the Contractor and the to completa the Construction Contract, and if the Surety 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 the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Suety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract.To the limit of the the contract. Such Contractor Default shall not he de- amount of This Bond, but subject to commitment by the Owner of[lie 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- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- MIMI The Owner has agreed to pay the Balance of the lion 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 Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety graph 3, the Surety 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 damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor. Contract; or manse of the Contractor. 4.2 Undertake to perform and complete the Construe- 7 The Surety shall not be liable to the Owner or others for Con- lion Contract itself, through its agents or through inde- obligations of the Contractor that are unrelated to the Con- pendent contractors; or struction Contract, and the Balance of the Contract Price 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. struction Contract, arrange for a contract to be pre- 8 The Surely hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owners concurrence, to he secured related subcontracts, urchase orders and other obli a with performance and payment bonds executed by a tions. p b - qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Band 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 defaull; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and compleiv, arrange Default or within two years after the Contractor ceau-d for completion, or obtain a nt-w contractor and with working or within two year,after the Surely refuses or fail • reasonable promptness under the circumstances: U1 perform its obligations under this Bond,whichever oc. curs first. If the provisions of this Paragraph are void or .1 After investigation,determine Iha,imount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312-PERFORMANCE BOND AND PAWINI ROND UECLMIIIR 11184 LI). -AIA -it THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW%ORK AVE.,N.W., WASHINGTON,D.C. 20006 A312.1984 2 able to sureties as a defense in.the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable, the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig• duced by all valid and proper payments made to or on 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 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 changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal rccluirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which 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 Balance of the Contract Price: The local amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been inade, including allowance to the Con- thereof. 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 AND 1'AYMINT IIOND•DI(EMIRR 19b1 ED. •AIA a THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINGTON.D.C.2(XK* A312.1984 3 ' THE/ETNA CASUALTY AND SURETY COMPANY LIM Hartford,Connecticut 08115 1.111"I fi CASUALTY POWER OF ATTORNEY AND CERTMATE OF AUTIMFtITY OF ATTORNEY(S)-IN-FACT ® KNOW ALL MEN BY THERE PRIEINTS,THAYTHI AT"CASUALTY AND BUMPY COMPANY.a corporation duty organit•d under the laws of the Stets of Connecticul.and hating b prkhdpai office In this City of Hartford.County of Hartford.SIN•of Connecticut,hath made.constituted and appointed,and dose ley"o paashb make,eoneitub end appoint J hn T. Lo kto r. Jo n Lo k ton III r TThhaaas E nets a MMfission H lls Ka as or a C. to�`b �fic eel C, oat; Mic�iael D. Whi pe, Cliflofrd 1. Totlog Bran to Cooper oralegorah A Graben, erland FarkaKsnsaa or or Cary, F. Hmbrigght Dav�d M. Lockton or William M. Frick, Kansas City Missouri.or Merlin D. Redfielda �enaxa,Kansas or Don G. Osborne, Leawood,Kansas or William L. Frick, Shawnee MissiooaKansas - - d XXXXXXXXXXXXXXxXXXxxxxxxxxxxxx= Its true and lawful Ancimayleldn•Fect,with full power and authority hereby conferred b sign allaeUM and aokhhewtoaga,of awry plan Width"United fKat•c or,N the following One be filled in,within the orsa there dsalg• noted ,*a Folowing Instrument(-): by flldhsr cols MSnssitra and act,pry and ae bonds,n agnbamm corllmnLl of Indemnity,end other writings obligatory In the nature of a bond. reoogn4anes,or mKIII10 undammkbv,and any and sit Consents Inddwta thereto end to blind THE ArTNA CASUALTY AND BURITY COMPANY.thereby as fully and to the same extent as If the same were signed by thu duly auprarltadaRloere of THE 4TNACABUALTY ANDBURITY COMPANY,and sE the ecu of aNd Attorriw(s)•In•Fact.pursuant to the authority heroin gWeuti so heabY rediied and morhRrnh•d. Thla appointmerht b made under and by unhorlry of the folowk tg Standing Resolutions of said Company which Resolutions are now in full force sad~: VOTED:That ooth ofd{!nNOhtakp offleero:Chal men,Via Chairman,Pri oiden4 Any Executive Vice President,Any Senior Vice President,Any Vice President,Any Amaiabnt Vice PraelderM,Any Baoolin,Any ASMIMttS Mesy,mayfromtime totimea ppointResid entViaPresidents,Residem Assistant laastmhe,Afaomayade %Aa ndAgMMSto adfor andonbe halfoftisCompanyandma ygive anyMuc happointeesuchauthority nhis anfflcat s of atnhasky mey 0 —,lb s to Won with the cornpa ty's nenha and well with the Company's seal bonds,ratxhgnizences,contract{of Indemnity.send other swItIngs obligatory In the natursof a bond,raoognba roe.or Conditional untfart it ing,and s y of said officers or the Board of Dlreetore may N any tkla rsnavo cry oic h sppoHgea and/evoke UM power and authority given him. VOTED:That qy bond,recognizance,eannotaf lndemnity,or willing obligatory In the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when U)sggned by the Chairman,to Vloe Chairman,the President,an Executive Vice President,e Senior Via ProeWwvk o Vice PrwkWd an AssisesM Via P Ptak wht or by a Resident Via Presldarrt,pursuant to the power pescribed In the certificate of suthsltyof such Resident Vice Pri aidert,anddulyaKSNSd and aseled with the Company's coal by a Secretary or Assistant Secretary or by a Residers Assistant Seaatery,Pursuant tothis power praWbed In the ardlfateof sumorlty of such Resident Assistant Secretary;or(b)duly execat ed(under asai.H reQulred)by one or mono AttorneyrarFFsct pursuant to the power prescribed In his Of their certificate or certificates of authority. This Power of Atiomay and CordRaate ofAuOwNV Is signed and saeled by faalmlle under and by authority of the following standing Resolution voted by the Board of Olretms of THE ATNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That Un signature of each of the following o69oars:Chairman,Vice Chairman,President.Any Exeeudw Vice PreeWent,Any Senior Vice Pre Men, Any VisePleaidMa, "AssistantVlosPros 6dertt,AnySecr ataty,AnyAssi stant Secretary,andtheovaloftheCompanymaybeaffixedby faalmile to any pews of atarrhay or to any otatllicife Mating dbnata eppokrikhg Resident Vice Prosldams,Resident Assistant Secretaries or Attomaye-InFactfor purposssonly of eh mW4 and aasedng bonds and undebkdng•{ltd other writings obligNOry in the nature thereof,and any such power of stiomey or oMURoseo beefing such feOBbrtllms rr0 or faceimlls seal shag be veld ad binding upon the Company and any such Power to exseutad and cwdfbd by such faeaMtlfe drob rot thrkl fealmile 1111 shall be valid and binding upon the Company In the future with reaped to any bond or undertaking to which If Is Ntadwd. IN WITNESS WHEREOF,THE/ETNA CASUALTY AND SURETY COMPANY has counted this Instrument to be eignod by its Assistant Vice President and Its corpords east to be hanto affixed this 27th day of September '19 84 THE 7 ws�AU��RyEI��Y COafPAffY state of Connecticut J eph f. Kiernan County of Hartford n �•Han Assistant Vice President Onthis 27th dayof September is 84 ,before ms personalty came JOSEPH Pe KIERNAN to me known.who,bating by me duly swam,did dpoas and may:the hNshe Is Wis taut Vice 4e�epk�s the THE,ETNA CASUALTYAND SURETY COMPANY.the corpaelbn dote- bed in and which axecutW a above leer umaM; et she •eat of amid oorporsdom gheUhe meth eMi 'to the said fnNnuneM M such co poreb nsl;and that hehM executed the said Instrument on behalf of the amicirsdon by aMorNy of hleAb►of loo under the Stardno Raeolutiom thereof. at m 0 lay aloe sealres March 31,1989 Notary Public CERTIFICATE JohYma M. Degnan 1.tM undeNgnsd, Secretary of THE&TWA CASUALTY AND SURETY COMPANY,a stock corporation of the Braes W Connecticut 00 HEREBY CEf M that it*bngaIrM and Ntsckhad Paws of Attorney and CeURcste of Aut arkry remains into tore and has not bean rwoked:and Nrtharnhore,pat dw SwhWeg Retokrtlora of fha fiord of Direction,as roe torlh M the CerURat•of Authority,are now in fora. Signed and Seaisd at the Home OMm of Ifs Comparry.In 00 City of Hertford.Stab this day of JUN 11 10 - W ., _ Vincent A. Walsh, Secretary {elar�a file w ~111)1N U s A THE AMERICAN INSTITUTE OF ARCHITECTS Bond NO. 30 SB 100 275 192 AIA Document A312 Payment Bond Any singular reference to Contractor, Surely, owner or other parry 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, MO 65101 Overland Park, KS 66201-9146 OWNER (Name and Address): City of Jefferson, Missouri City Hall Jefferson, Missouri CONSTRUCTION CONTRACT Date: May 20, 1986 Amount: One Hundred Ninety-Eight Thousand Five Hundred Ninety and 65/100 ($198,590.65) Description (Name and Location): 1986 Curb & Gutter Project Phase III Hogan Drive- Moreau Drive BOND Date (Not earlier than Construction Contract Dale): June 11, 1986 Amount: One Hundred Ninety-Eight Thousand Five Hundred Ninety and 65/100 ($198,590.65) Modifications to this Bond: k.1 None ❑ See Page 6 CONTRACZAS CIPAL SURETY Co mpany: (Corporate Se 1) Company: (Corporate Seal) Willard Sns Corp The Aetna Casualty and Surety Company Signature: � Signature: Name and Title: Vernon L. Hemet Name and TI le: Deborah K. Braden . Secretary/Treasurer Attorney-In-Fast ` (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or The Lockton Insurance Agency other party): P.O. Box 8418 Prairie Village, KS 66208 AIA DOCUMENT A312- PERFORMANCE BOND ANO PAYMI N1 BOND-oL0 MBER 1961 to.-AIA� THE AMERICAN INSTITUTE Of ARCMIECTS. 1735 NEW YORK AVE..N.W.,WA\IIINGTON.D.C. 20KIb A312.1984 4 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administralors, graph 4, the Surety shall promptly and at the Surety's ex- successors and assigns to the Owner to pay for labor, pence take the following actions: materials and equipment furnished for use in the perfor• the mance of the Construction Contract,which is int orporated Owner,within 45 days after receipt of 111e claim,aim,staling inn the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall lac 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, amounts. for all sums due Claimants, and • 7 'floe Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds hartniv%s the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or siiits by any r,redited for any payments made in good faith by the Surety. person or entity who furnished labor, mawrials or 3 Amounts owed by the Owner to the Contractor under equipment for use in the performance of Ilic C:onstruc- lion Contract, provided the Owner has promptly noti- fied floe C:tanslruclion Contract shall be used for the perfclr- fied the Contractor and the Surety (at the address de- mance of the Construction Contract and to satisfy claims,if scribed in Paragraph 12) of any claims, ch-ma ds, liens any, under any Construction Performance Bond. By the or suits and tendered defense of such clainis.demands, Contractor furnishing and the Owner accepting this Bond, liens or suits to the Contractor and tht, Surety, and they agree that all funds earned by the Contractor in the provided there is no Owner Default. performance of the Construction Contract are dedicated to .satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner's priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety 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 shall not be liable for payment of any costs or expenses of any Claimant co Claimants who are actor have i or have a direct under this Bond,and shall have under this Bond no obliga• contract with the Contractor have given notice to the lions to make payments to, give notices on behalf of, or Adak Surety (at the address described in Paragraph 12) and sent a copy,or notice thereof,to the Owner,slating that otherwise have obligations to Claimants under this Bond. 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 not have a direct contract with related subcontracts, purchase orders and other obliga• the Contractor: lions. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent jurisdic- the Owner, within 90 days after having last tion in the location in which the work or part of the work is performed labor or last furnished materials or located or after the expiration of one year from the date(1) equipment included in the claim stating,with on which the Claimant gave the notice required by Sub- substantial accuracy, the amount of the claim paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last and the name of the party to whom the mate- labor or service was performed by anyone or the last mate- rials were furnished or supplied or for whom vials or equipment were furnished by anyone under the the labor was done or erformed; and Construction Contract,whichever of(1)or(2)first occurs. p 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 applica- 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 havingbeen paidwithin the above*10 days. or the Contractor, however accomplished, shall be suffi. have sent a written notice to the Surety(at the cient compliance as of the date received at the address address described in Paragraph 12)and sent a shown on the signature page. copy,or notice thereof, to the Owner.stating 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 written notice the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement S If a notice required by Paragraph 4 is given by tlao Owner shall be deemed deleted herefrom and provisions con. ® to the Contractor or to the Surety,that is suffi6enl compy- forming to such statutory or other legal requirement shall ante, be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERfORMANCE MONO AND I'AYhItNr IIOND-DI('IMIItR 141PA (f). -AIA r THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON,U.C.2"1 A312.1984 S 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 14 Upon request by any person or entity appearing to be Contractor and the Contractor's subcontractors, and a all other items for which a mechanic's lien may be potential beneficiary of this Band, the Comractor 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 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual er entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subs ontractor of changes thereto. the Contractor to furnish labor, materials or equip- 1S.3 Owner Default:Failure of the Owner,which has ment for use in the performance of the Contract.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: AM DOCUMENT A312•F#RFORMANCE KWD ANI)PAYMtNT VOND•LUCEMNtR 1464 10.•AIA A THE AMERICAN INSTITUTE OF ARCHITECTS,Ins NIW YOU AVE.,N.W.,WASHINGTON,LK.2tpl0r A312-19N 6 THE R7N11 CASUALTY• ` AND SURETY COMPANY Hartford,Connecticut 06115 uP[•tcA�wt.ry POWER OF ATTORNEY AND COMMICATE OF AUTHORM OF ATTORNEYISHN-FACT KNOW ALL MEN BY THM PRESENT[,THAT TH[AT NACASUALTY AND SURETY COMPANY,a corporation duly organized under the larva of the Slate of Connecticut.and ho*V M Pdnc*M OMM In the City of Na,fond,County of Hartford.State of Connecticut,hath made,constituted and appointed,and dose by WMO PI a l e metro,to V ttub end sppolnt J hn T. Lo kto r. JJo n T Lo k ton s I xx II r T'�hh as E J cots a visa Hille Ka as or g a C. �pto s tic aa1jC. p son MicRael D. Wh�1ps, ,iffifr.101. visa Drian p Cooper orefe6orah K. Paden, erland fark;Kansaa or or agary F. Haa►brilh! David M. Lociton or William M. Frick, Kansas City Missouri.or Merlin D. Redfield, �enexa,Kansas or Don G. Osborne, Leawood,Kansas or William L. Frick, Shawnee MissioaaKaneaS - - of xX harnMandbwhilAtornerleNn•Fact.with full pow erand euthorityhetebyconferred to lei aese-I and adshawiadtyl at any pan eft United nrRruBfatt�or,"the following line be filled in,within the aru there dedg• by tdsAnae sob 9grhature std act.witty aetd ant bonds,re00gAi60ihafD.contrasts of Indemnity,and other wrong-obligatory In Iho rmture of a bond. fe00gnflerl0a,or aondlil"urldartald g,and any and al consents Inddants thereto and to bind THE,ETNA CAWALTY AND SURETY COWAPlY,thereby es fully end to the same extent as If the earns were signed by thu duly 0#11rodaadoRlosmdTH[A4TNACMIALTYAND11 WETYCOMPANY,anda ll theo hsofWdAttomay(o)d n•Fact.pursuanttotheauthorityheroin oeset,are hereby raMSod and aenfInned. This appointment Is fnstb under and bV SudKpNy of the followkp Standing Resolutions of said Company which Resolutions are now in full force sod aRrat: VOTED:That each of de/ol00wMq offlosea:Cholrrnan,Vla Chairman,President Arty Executive Vice President.Any Senior Vice President,Any Vice President,AnyAaolettem Via►redderrL Any Secretory.Any AeahtW SwrMq,may from time to time appoint Resident Via Presidents.Resident Assistant Secreterla9.Attomsysan4toM anti ft"toaclbr tendon behalfoftheCompany,and mayglve any such appointee such authority,as his aetMute of milhorky may pf wil to zelp wgfl the Co mpenys ne is and an0 with the Compeny's seal bonds,recognizencss,contracts of indemnhy,and other wridnge obVedory in tlta nature of a bond,r000gntzena,or condkbnN undertaking,and any of sold officers or the Board of Directom may at any One rernove any such appol be and rooks the power and authority given him. VOTED:That arty bond,recoWkWX a,COMM orwditobligatoryln the nature of a bond.recognizance,or conditional undertaking shat be valid and binding upon the Corpora wherh(a)Wgrad by Moe CAN+man,the Via Chairman,the President,an Executive Vice President,a Santor Vice President.a Via President,an Assbeam Via F oskdent of by a Resident Vice►nwlderM,pursuant to the prover prescribed in the conifieato of eutbo ft of such Reeksnt Vke Preek eM,anddudysMasaad and seekid with the Company's sot by a Steasury,or Assistant Secretary or by a Resident Awletard Swretsry,pursuant to On powerpresatbed in the eartfRestsof authority ofaech Resident Assistant Secretary:or(b)duty executed(under reel,H reefulred)by one or mere Attorneys-1wFnx purwsrM to the power prescribed in his or that canifScete or eaMfiutes of authority. This Powar of Attorney and Cerdflcros of Authority he signed and"Mod by fexsitrtb under and by authority of the following Standing Resolution voted by the Board of Directors of THE,ETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and shoo: VOTED: That the signaturs of each of the following ofRoas:Chairman.Vlos Chairman.PreeldortL Any Executive Vice President,Any Senior Via President.AnyVloa IersoWsznI4 AnvAmiseentVks Prsoldaft ArtySocram.Any Assistant Secretary,and the reel of the Company may be affixed by faalmlN to any,power of attorney or to any c artlficalle slating tlroteto appo4mtlnp Resident Vice Presidents.Resident Assistant Secretaries or Attorneys knfwtforpurpomonfli of exacting and asaeMnp bonds and undertskMga and other writings oblowarY in the nature thereof,and any such power of attorney or oaMRaate boating such feosdmRs eliptaaae a fmakmlle seal shelf be valid and binding upon the Company and any such power so executed and oardfled by with faotlmlle algr aWUno and fmahNls atal shall be valid and binding upon the Company In the future with reopea to"bond or undartakirg to vAllih k Is attac►ad. IN VIITNESS WHEREOF,THE,ETNA CASUALTY AND SURETY COMPANY has caused this Instrument to be signed by No Assistant Vice President and Ib corporate east to be hereto affixed this 27th day of September .19 84 .,. THIS V SURM COWANY l w., State of Connection J eph F. Kiernan se.Hanford Assistant Vice President County of Hanford On this 27th day of September ,19 84 .before me personalty cons JOSEPH P. KIERNAN. to me known,who,being by ore achy swum,dad dspooe and ay:trot ha/sho b A I,tent Vice P e i ant of THE AeTNA CASUALTYAND SURETY COMPANY,the corporation described In and which exewt�tfie show inahumare;AIsW91knows the seal of sold corporafty O *a,seal afRsad to Ow sold bmknznnert kwch caporals seal:and that he%he executed the said Instrument on behalf of the corporation by su*4ft of hNAha oM m under tie Standing itasokutlone dwoof. �] �w.,.✓ My an esai.ee Mach]1,1989 q Notary Public CERTIFICATE Joh M. DaIgnan 1,the undersigned. Secretary of Tltti AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the [tats of Corwnedatt,DO HVKV CERTIFY that the bregoing and amcheld Power of Athtrrsay terld Certificate of Authority romelna in full force and has not been ravobad:and Axthueswee,shat into Standing Reafudom of dw Board of Dir"Vrs,as eat forth In hen Catiflats of Authority,are now in fora. Signed seed Ssslad at ties Flonte Offloa a,Mho Cornpmry,N tlM qty d Flortford.StsN th M� day of JUN (A1tM N)pg ilre �� ,/ VinAant A. Walsh, Secretary EDtrUSA e�.--.•ay ��u 1 Cow ; p, DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 320 E. MCCARTY STREET JEFFERSON CITY, MO 65101 Change Order No. ONE Job No. Date July 8, 1986 Job $ Location 1986 Curb & Gutter Ph e III, -- Mgr au Dxive Contractor Willard Stockman Construction Corp.- It is hereby mutually agreed that when this change order has been signed by the contracting parties , the following described changes in the work required by the contract shall be executed by the contractor with- out changing the terms of the contract except as herein stipulated and agreed. Description of Changes : See Attached Sheet CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES: I/We hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform all work in connection therewith in accordance with the requirements for similar work in existing contract except as otherwise stipulated herein, , for the following considerations : Contract Amount - Add to -- or Deduct from - . the -Contract -Amount the sum of: One thousand seven hundred twenty and na/t 00---------------- DOLLARS ($ 1,720.00 ) CONTRACTOR Willard Stockman Construction C.Qrp. SIGNATURE DATE July 8, 1986 Recommended by: Project Supervisor Signature: Accepted by: �J Owner DATE Signature , STATEMENT OF CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT. . . . . . . . . . . . 63,421.15 PREVIOUS ADDITIONS. . . . . . . . . . . . . . . TOTAL. . . . . . . . . . . . . . . . _ PREVIOUS DEDUCTIONS . . . . . . . . . . . . . . 3i'l] .hs� 68 NET PRIOR TO THIS CHANGE. . . . . . . . . . . 3.,_i 63;40.91 AMOUNT OF THIS CHANGE xx Add Deduct . . . . i ' CONTRACT AMOUNT TO DATE 6551821 RE CF. 1VEV JUL 081986 PUBLIC WORKS DEPT. t t_.A FRANCIS STOCKMAN - VERNON HEMMRL 63&2628 — 63&9361 MARVIN TALKEN STANLEY KOLB 993-4454 CONSTRUCTION CORP. 635-2466 CONCRETE PAVW SPECMUSTS Star Route 2,Schott Road JEFFERSON CITY, MO. 65101 314.636.1316 July 8, 1986 City Of Jefferson 320 East McCarty St. Jefferson City, MO 65101 REQUEST FOR CHANGE ORDER NO. 1 1986 CURB & GUTTER PHASE III MOREAU DRIVE Type C Inlet - 1 each @ $1,500.00 1,500.00 Zoysia sod - 27.5 S.Y. @ $8.00 per S.Y. 220.00 TOTAL AMOUNT FOR CHANGE ORDER NO. 1 1,720.00 JUL 081986 PUBLIC WORKS DEPT.