HomeMy Public PortalAboutORD10819 BILL NO. 87-4
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SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. 1��, L/ 2
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD
STOCKMAN CONSTRUCTION CORPORATION FOR THE 1987 STORMWATER
DRAINAGE PROJECT, PHASE 1.
BE IT ENACTED BY THE 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 1987 Stormwater Drainage Project, Phase 1,
for a sum not to exceed $31,495.00
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.
Ah Passed �, `�Z Approved ���<y,`�T1i'r;7 _
Presid Officer Mayor
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this :I-- day of
_2;1?'1,.;4 , 19 tJ ) by and between Willard Stockman
CnnetrMetion .nr o a ,inn , 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: 1987 Storm Water Drainage Proms,
Phase T
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 X working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within Thirty (30)
days after the date of this contract.
2. Prevailing Wages. All labor utilized -in the istruction
of the aforementioned improvements shall be paid a ...Age 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.
7-026-087 mxlXVVCXXXXXXXXXXXXXXXXXXXXXXXXX}GX
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 in connee -
ti.on 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 amount
not less than $800,000 for all claims arising out of a
single occurrence and $100,000 for any one person in a
single accident or occurrence, except for those claims
governed by the provisions of the Missouri wor}anen's
compensation law, Chapter 287, RSMo., and Contractor's
Property Damage Insurance in an amount not less than
$800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount not less
than $800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its own expense and deliver to the
City an Owner's Protective Liability Insurance Policy
naming the. City of Jefferson as 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,
Aft except for those claims governed by the provisions of
the Missouri workmen's compensation law, Chapter 287,
RSMo. No policy will be accepted which excludes
liability for damage to underground structures or by
reason of blasting, explosion or collapse.
(e) Subcontracts. In case any or all of this work is
.sublet, the Contractor shall require the Subcontractor
to procure and maintain all insurance required in Sub-
paragraphs (a), (b) and (c) hereof and in like amounts.
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall
provide adequate protection for the Contractor and its
subcontractors, respectively, against damage claims
which may arise from 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 providas ndtiquato
protection against claims arising rrrxn opcwrat tons
by anyone directly or .indirectly otployed by Ow
Contractor.
4. Contractor's Responsibility for SUt}cr)ntrcactors. 1t In
further agreed that Contr iC:F-o '-shill Fxa r f ally rc�xi fio'rin it3.le1 to
the City for the acts and omissions of As aubcontr►act-ors, and of
persons either directly or indirectly vapl.oyed by t:hrnn, 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 Corms heroin sot 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 wader 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. LiquidGatec s. The Director of Public Works may, at
his discretion, deduct $"O-Por_.da y 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
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 dues to unforsecable
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 contact 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 workman 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. Cm's Ri ht to Procced. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute tho game to coa pletion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the c-mount of this contract thereby
occasioned by the City. In any such erase the City may take
possession of, and utilizes in completing the work, such
mater.ialu, appli.cances and structures as may be on the work site
and are 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 Lights. The Contractor acyrees 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, 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
Ah 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 7, , 19-U . which are by reference made a
part hereof. No partial payment to the Contractor shall operate
as approval or acceptance of work done or materials furnished
hereunder.
12. Contract Documents. The contract documents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated heroin.
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 fixst class mail address to the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri 65101, and Contractor at
- 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 arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
16. IN TESTIMONY WHEREOF, tie parties have hereunto set
their hands and seals this day of `'
`
19 � 7 61
CITY OF JEFFERSON, MISSOURI
fZ Y
ATTEST:
CITY CLERK
CONTRACTOR
Bye-�.-..1
Title:
ATTEST:
SEC Y
THE AMERICAN INSTITUTE OF ARCHITECTS
0
Bond No. 30SB100384967BCA
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surely, 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 66210-9146
OWNER (Name and Address):
City of Jefferson City, MO
320 E. McCarty
Jefferson City, MO 65101
CONSTRUCTION CONTRACT
Date: May 5, 1987
Amount: Thirty one thousand four hundred ninety five and no/100 dollars ($31,495.00)
Description (Name and Location): 1987 Storm Water Drainage Project, Phase I,
Jefferson City, MO
BOND
Date-(Not earlier than Construction Contract Date): May 19, 1987
Ainount: Thirty one thousand four hundred ninety five and no/100 dollars ($31,495.00)
�Mbclifications to this Bond: None 0 See Page 3
CONTRACTOR AS PRINCIPAL. SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
F f �
Signature: ^/c ,�P�x..� Signature: %_,LL 1.1 V
Name and Title: IC-F- PR F-,S. Name and Title: Michael . Whipps
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
Lockton Insurance Agency other party):
P.O. Box 8418
Prairie Village, KS 66208
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND-UECLh1BER 1901 ED. •AIA 4
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASIUNGTON,O.C. M006 A312.1964 I
all
I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, admittisirdlurs, soon as practicable after the amount 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
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no oobligalion S If Ilse Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shalt be deemed
provided in Subparagraph 3.1. tee be in default on this Bond fifteen days after receipt of an
3 Of there is no Owner Default, the Surety*% orbligalion additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding; that the Surety perform its obligations under
this Iinnd, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Conlrae for and the remecly available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 below 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 digs after receipt of such
notice to discuss methods of performing the Cunstruc- 6 After the Owner has terminated the Contractor's right
(ion Contract. if the Owner, the Contractor and the to compleiv 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
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be de- Owner of the Valance of the Contract Price to mitigation of
Glared 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-
3.3 The Owner has agreed to pay the Balance of the lion of defective work and completion of the Consiruc-
Contract Price to the Surety in accordant a 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
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 damages, or if no liquidated damages
are specified in the Construction Contract,actual dam-
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction 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 Construe- obligations of the Contractor that are unrelated to the Con-
lion 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 far a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Can- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to he pre- B 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 subcontracts, purchase orders and other obliga.
with performance and payment bonds executed by a tions.
qualified surety equivalent to the bonds issued ern the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under (his 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 delaull; Or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete,arrange Default or within Iwo years after the Contractor teased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: lu perform its obligations under this Bond,whichever oc-
curs first. If the provisions of this Paragraph are void or
.1 After investigation,determine the amount (or prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312• PERFORMANCE MONO AND 11AYAIINI HONU•OFCE►NIIIR Ilkw tl). •AIA
THE AMERICAN INSTITUTE OF ARCHITECT%, 1735 NEW YORK AVE,.N.W.,WASHINt;TON, O.C. M16 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 NoNcetotlle5uret ,theOwnerorlheComractorshall for damages to which the Contractor is entitled. re•
Y duced by all valid and proper payments made to or on
be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con-
nature page. tract.
11 When this Bond has been furnished t o t s,mply with a 12,2 Construction Contract:The agreement between
statutory or other legal requirement in the Int ation where the Owner and the Contractor identified on the sit;-
the construction was to be performed,any provision in this nature patio, including all Contract Documents and
Bond conflicting with said statutory or legal requirement t hanges thereto.
shall be deemed deleted herefrom and pruvi%ions 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 whit h has neither been remedied nor waived,to per-
Bond shall he construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Comtruclion Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The 1x11.11 amount neither been remedied nor waived, to pay the Con-
l the Owner t the Contras t under the Iractor as required by the Construction Contract or to
payable Y perform and complete or comply with the other terms
Construction Contract after all proper adju%imenis thereof.
have been made, including allowance 1t) the 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 Tille:
Address: Address-
AIA DOCUMENT A312• PERFORMANCT M)ND AND PAYMENT 11OND•011 tMHllt 1914 ID. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS. 113S Nt%V YORK AVE..N.W.,WASHINGTON,D.C. 21xm A312.1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
�• F
Bond No. 30SB100384967BCA
AIA Document A312
Payment 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.
Star Route 2, Schott Road The Aetna Casualty and Surety Company
Jefferson City, MO 65101 P.O. Box 29146
Overland park, KS 66210-9146
OWNER (Name and Address):
City of Jefferson City, MO
320 F. McCarty
Jefferson City, MO 65101
CONSTRUCTION CONTRACT
Date: May 5, 1987
Amount: Thirty one thousand four hundred ninety five and no/100 dollars ($31,495.00)
Description.(Name and location): 1987 Storm Water Drainage Project, Phase I,
Jefferson City, MO
BOND
dale (Not earlier than Construction Contract Date): may 19, 1987
Amount,., Thirty one thousand four hundred ninety five and no/100 dollars ($31,495.00)
Modifications. to this Bond: I None ❑ See Page 6
CONTRACTOR A, PRINCIPAL SURETY
.Company: (Corporate Seal) Company: (Corporate Se:'!;
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Signature: &GZ-"6'`'`-"-- Signature: ����Xz) - �
Name and Title: v„E, F)CE-5 Name and Title: Michael D. Whipps
• Attorney-in-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Lockton Insurance Agency other party):
P.O. Box 8418
Prairie Village, KS 66208
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMI.N1 BOND•IACIMIIER 1784 ED'. %AIA ,w. •
THE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVE.,N.W.,WANHINGTON,D.C. 200W A312-i984 4
I The Contractor and the Surety, jointly anti severally, S When the Claimant has satisfied the conditions of Para-
bind themselves, their heirs, executors, administrators, 11raph 4, the Surety shall promptly and at the Surety's ex-
successors and assigns to the Owner to pay for labor. pense take the following actions:
materials and equipment furnished for use in the perfor- 9.1 Send an answer to the Claimant,with a copy to.the
mance of the Construction Contract,which is intorpa►ated Owner,within 45 days after receipt of the claim,slalln
herein by reference. the amounts that are undisputed and the basis for cha
2 With respect to the Owner,this obligation shall Ice null longing 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 The SunHy's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmlv%s the amount of this Bond,and the amount of this Bond shall be
Owner from all claims,demands, liens or.toot.by any t rediled far any payments made in good faith by the Surety.
person or entity who fu►ni,.hed labor, materials or 0 Amount%awed by the Owner to the Contractor under
equipment for use in the performance of th4•C onstruc- the Construction Contract shall be used for the perfor.
lion Contract, provided the Owner has promptly noti- mane c of the-Construction Contract and to satisfy claims,if
tied the Contractor and the Surety (at the- ael(lre:ss de-
scribed ,my, under any Construction Performance Bond. ey the
s in Paragraph 12)of any claims. de•m.demands.liens 0intractnr furnishing and the Owner accepting this Bond,
or suits and tendered defense t such t tht. , rely, and they agree that all funds earned by the Contractor in the
liens or suits to the Contractor and the• surely, and performanr e:of the Construction Contract are dedicated to
provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under
3 With respect to Claimants, this obligation-hall be null this Ilond,.ubiect to the Owner's priority to use the funds
and void if the Contractor promptly make% pavnu'nt, di- for the completion of the work.
rectly or indirectly, for all sums due. g The Surety shall not be liable to the Owner,Claimants
4 The Surely shall have no obligation to Claimant%under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shall not be
4.1 Claimants WIlO are employed by of I1.1Ve• ,7 direct fable for payment of any costs or expenses of any Claimant
contract with the Contractor have y o Halite to the under this Bond,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,In the Owner.stating that
a claim is being made under this Bond and, with sub- 10 The Surely hereby waives notice of any change,includ-
stantiai 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: clans.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
under this Bond other than in a Court of competent jurisdic-
tractor and sent i copy, or notice having(,last lion in the location in which the work or part of the work is
the Owner, within a t days after saving last located or after the expiration of one year from the date(1)
performed labor or last furnished satin materials h on which the Claimant gave the notice required by Sub-
equipment included in Ian claim stating,with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
Sub-
substantial accuracy, the amount m he claim labor or service was performed by anyone or the last mate-
and the name is the party to whom the mate- rials or equipment were furnished by anyone under the
vials were furnished or supplied or for whom Construction 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 c'iher 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(he suit shall be applica•
in 30 days of furnishing the above notice any ale.
communication from the Contractor by which 12 Notice to the Surely,the Owneror the Contractor shalt
the Contractor has indicated the claim will be he (nailed or delivered to the address shown on the sig•
paid directly or indirectly; and nature page.Actual receipt of notice by Surely,the Owner
.3 Not having been paid within theabove 10 day., or the Contractor, however accomplished, shall be suffi-
have sent a written notice to the Surety(al the cienl Compliance as of the date received at the address
address described in Paragraph '1'21 and st•111 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 wrillen notic it the construction was to be performed,any provision in this
furnished to the Contractor. liond conflicting with Said statutory or legal requirtanenl
S If a notice required by Paragraph 4 is given by the•Owner shall be deemed deleted herefrom and provisions con•
to the Contractor or to the Surety,that is sufficient compl. forming to such statutory or other legal requirement shall
ante, be deemed incorporated herein. The intent is that this
AtA DOCUMENT A312-PiRrORMANCE BOND ANO PAYMINr IIOND•DIVIMIItN 1414 ED. -AIA •
THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW MONK AVE..N.W.,WASHINGTON,U.C.NO, A312.1984 5
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 10 be a Contractor and the Contractor's subcontractors, and
t Upon rquestof this Band, the Contractor shall all other items for which a mechanics lien may be
potential
furnish beneficiary o of is Bond, t shall permit r shall asserted in the jurisdiction where the labor,materials
promptly pY p PY or equipment were furnished.
.
to be made
to DEFINITIONS de 15.2 Construction Contract:The agreement between
13 the Owner and the Contractor identified on the sig-
1S.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a subs untractor of changes thereto.
the Contractor to furnish labor, materiali. 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-
that tractor as required by the Construction Contractor to
lion in the terms"labor,materials or equipment" perform and complete or comply with the other terms
part of water, gas, power, light, heat, ail, gasoliflet 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 A311•PERFORMANCE !BOND AND PAYMINI BOND- UICEMHLR 1144 tU. *AIA 1b
THE AMERICAN INSTITUTE OF ARCHITECTS,in$NEW YORK AVE.,N.W.,WASHINGTON,U.C. Nut1L A312.1964
r
s •
MAN THE�Hert�SUA ConA�i D SURETY R�COMPANY
LIFE&CASUALTY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS,THAT THE AETNA CASUALTY AND SURETY COMPANY,a corporation duly orgsnlzed under the laws of the
Slate of Connecticut and having Its principal office In the City of Hartford.County of Hartford,State of Connecticut,hsth made,constituted and
appointed,and does by these presents make,constitute and appoint John T. Loekton, III or Thomas E. Johnston,
Mission Hills, Kansas or James C. Pateidl Michael C. Frost, Michael D. Whippa, Brian F.
Cooper or Deborah K. Braden Overland Park, Kansas or David M. Lockton, William M.
[rick J hn F. SuI vaE�o� ath M Loftus, Kansas City, Missouri or Merlin D. Redfield,
eneXail, ansas or n s ern , Leawoo , Kansas
Of XXXXXXXXXXXXXX X ,Its true and lawful Atturney(s)-In-Faet.with full power and authority horsbyconfar red
to sign,execute and acknowledge,of any place within the United Slow,or,If the following line be filled In,within the area there dosig-
nated ,the following Instrument(al:
by his lbersolesignature and act,any end all bonds,recognlzances,contracts of indemnity,and othor writings obligatory in the nature of s bond,
recognizance,or conditional undertaking,and any and all consents Incidents thereto
and to bind THE AETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the some extent as If the same were signed by the duly
authorized officers of THE(ETNA CASUALTY AND SURETY COMPANY,and all the acts of sold Attorney(s)-in-Fact,pursuant to the authority herein
given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force
and effect:
VOTED:That each of the following officers:Chairman.Vice Chairman,President.Any Executive Vice President,Any Senior Vice President,Any Vice
President,Any Assistant Vice President.Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident
Assistant Secretaries,Attorneys-In-Fact,and Agents to act for and on behalf of the Company and may give any auch appointea such authority as his
canificats of authority may prescribe to sign with the Company's name and seat with the Company's seal bonds•recognizantbs,contracts of
indemnity,and other writings obligatory in the natureof a bond,recognizance,or conditional undertaking,and any of said officers or the board of
Directors may at any time remove any such appointee and revoke the power and authority given him.
VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shell be valid and binding upon the Company when(a)signed by the Chairman,tha Vice Chairmen,the President,an Executive Vice President.a
Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the
certificate of authority of such Resident Vice President,and duty attested end sasled with the Company's sent by a Secretary or Assistant Secretary
or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(b►duty
executed(under seat,if required)by one or more Attorneys-in-Fact pursuant to the power proscribed In his or their certificate or certificates of
authority.
This Power of Attorney and Certificate of Authority Is signed and seated by facsimile under and by authority of the following Standing Resolution
voted by the Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and affect:
VOTED: That the signature of each of the following officers:Chairman,Vice Chah man,President,Any Executive Vice President.Any Senior V ice
President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the seal of the Company may be affixed by
facsimile to any power of attorney or to env certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or
Attomeys•in-Foct for purposes only of acecuting and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any
such power of attorney or certificate bearing such facsimile signature or facohnilo seal shall be valid and binding upon the Company and any such
power do executed and certified by such facalmile signature and facalntils seal shall be valid and binding upon the Company in the future with
respect to any bond or undertaking to which It is attached.
IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant
Vice President and its corporate seal to be hereto affixed this 12th
day of June .19 85 /J
`! THE AM CASUALTY ANy SURETY COMPANY
By
.i
Stets of Connecticut aoseph P. Kiernan
County of Henlord as.Hartford Assistant Vice President
"
a On this 12th day of June 19 85 ,before me personally come JOSEPH P. KIERNAN
to me known,who,being by me duty swom,did depose and say:that he/she is Assistant Vice President of
THE AETNA CASUALTYAND SURETY COMPANY,the corporation described In and which executed the above Instrument;that he/she knows the
east of said corporation;that the seal affixed to the said instrument is such corporate seal;and that he/she executed the said Instrument an behalf
of the corporation by authority of hls/her office under the Standing Resolutions thwool.
..,,•• My ,mleelon sxpiraa March 31.19$g Notary Public
CERTIFICATE Johanna M. Degnan
1,the undersigned, Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the
State of Connecticut,DO HEREBY CERTIFY thatthe foregoing end attached Power of Attorney and Certificate of Authority remains in full force and
has not been revoked;and furthermore,that the Standing Resolutions of the Boardof Directors,as set forth in the Conificeteof Authority,are now
In force.
Signed and Sealed at the Home Office of the Company,In the City of Hartford,State o anne tic t 1 day of
i
{t co+•, By l
Vincent A. Walsh, Secretary
1.,............ PRINTED IN U.S.A.
Binder No.
all
• • •409E
NAME ArlD ADDRESS OV AGUNGY COMPANY
1,ockton Insurance Agency
P.O. Box 8418 Effective 12:01 a In 5-19 19 87
Prairie Village, Ks. 66208 Expires J] 12:01 am [.J Noon 7-19 Lq 87_
Ll This binder is issued to extend coverage in the above named
company per expiring policy #
NAME AND MAILING A FX70—ti-5 OF INSUtlf.D Description of Operation/Vehicles/Property
City of Jefferson City, Missouri
320 East McCarthy
Jefferson City, Missouri 65101
'WRAW
Type and Location of Property Coverage/Porils I Forms Amt of Insurance Ded. corns.
%
P
R
0
P
E
R
T
Y
Type of Insurance Coverage/Forms Limits of Liability
L Each Occurrence Aggregate
I
❑ Scheduled Form Comprehensive Form Bodily Injury $ 800,000 $800,000
1:1 Premises/Operations
L El ProdUCts/Completed Operations Property Damage $ 100,000 a00,000
1 0 Contractual Bodily Injury &
T Other (specify below)Owner/Ccntractor Protective Property Damage $ $
Y ❑ Med. Pay. $ Per $ Per Combined
Person A,,c,dk-n1
� I A $
❑ Personal Injury r B Personal Injury
Limits of 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 $
81 ❑ Uninsured Motorist $
L ❑ No Fault (specify): Bodily injury & Property Damage
❑ Other (specify): Combined $
❑ WORKERS' COMPENSATION -- Statutory Limits (specify states below) EMPLOYERS' LIABILITY Lit-nit $
SPECIAL CONDITIONSIOTHER COVERAGES
Project - 1987 Storm Water Drainage
Project Phase I
NAME AND ADDRESS OF [] MORTGAULF.
LOSSPAyt.r IX-1 ADD L INSUHID
illard Stocknw Ccnstructicn Corp. LOAN NUMBER
ignifluto of Authoneod Repro5oniaovo Uatc
ACORD 75 0 V77-c)
e
2 •
MEN
ISSUE DATE (MMIDDIYY)
® 5 19/87 sv
PRODUCER THIS CERTIFICATE:IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOTS NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Lockton Insurance Agency _.__._...___.....--__..---_--.-----.-___
P.O. Box 8418 - COMPANIES AFFORDING COVERAGE
Prairie Village, KS 66208
cE 11Afe �� A Mass. Bay (Hanover)
COMPANY
INSURED �~— ^- -- ----~ LETTER 0 Hanover
Willard Stockman Const, Corp. - - —' - ----- ----- ---�_ _
COMPANY
Star Route 2, Schott Road L.EriER California Compensation (Hanover)
Jefferson City, MO 65101 coMP.aNV D
LEri ER
COMPANY
LETTER
0
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 �PCOCY EFFECTIVE POEICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTA TYPE OF INSURANCE POLICY NUMBER O,1F.(MMIDONY) OATE IM66vonY) EACH OrCURRENC AGGREGATE
F.
GENERAL LIABILITY _ BODILY
A X COMPREHENSIVE FORM Q2086861 3/31/87 3/31/88 INJURY $ $
X PREMISES/OPERATIONS PROPERTY
X UNDERGROUND "Un coverage only DAMAGE
EY,PLOSION d COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS COMBINED $ 1,000 g1,000
i� CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FCRM PROPERTY DAMAGE 000
X PERSONAL INJURY PERSONAL INJURY yi
AUTOMOBILE LIABILITY BCOLY
B X ANY AUTO BA427574 3/31/87 3/31/88 ;�R�kmti, 8
X ALL OWNED AUTOS(PRIV. PASS.) nOOItY-
MUi1RY
ALL OWNED AUTOS(OTHER THAN) IFER AMILIEN) $
X HIRED AUTOS PROPERTY
X NON-OWNED AUTOS DAMAGE. $
GARAGE LIABILITY
COMB NED $1,000
EXCESS LIABILITY
a)a BI
UMBRELLA FORM QQ
COMBINED `A
OTHER THAN UMBRELLA FORM _
STATUTORY
C WORKERS'COMPENSATION WM2453687 3/31/87 3/31/88 — PTO
AND (EACH ACCIDENT)
EMPLOYERS' LIABILITY $5f_G (DISEASE•POLICY LIMIT)
$M (DISEASE-EACH EMPLOYEE)
[OTHER ^` SO,Ob 0 1imit-per
A Rented & Leased 42086861 3/31/87 3/31/88 item AR ACV 100%
rj�.. __ _ _ __ _ _ oin 500 Ded
0ESCF P (SN OF OPERATIONSILOCAI-IONSNEHICLES/SPECIAL ITEMS- -Storm Water Drainage Project Phase I City of Jefferson, MO is add'l insured as respects
ility only
® f III, It
city of Jefferson, MO ELEEFT, NY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
3ZO F. McCarty DATE- THEREOF, THE ISSUING COMPANY WILT. ENDEAVOR TO
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, MO 65101 FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LFABILIT Y
IND UPON THE COMPAN , ITS AGENTS OR REPRESENTATIVES.EPR Jl T'IVE!