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HomeMy Public PortalAboutORD10819 BILL NO. 87-4 Aft 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!