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BILL NO. 87-19
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO, l.�S.3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD
STOCKMAN CONSTRUCTION FOR 1987 CURB & GUTTER PROJECT ON RAYMOND
ROAD AND DENISE DRIVE.
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
for the 1987 Curb & Gutter project on Raymond Road and Denise
Drive, for a sum not to exceed $111,355.75.
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 l '? Approved . 1 F 7
AM
an
ProsidJjWOfficer Mayor
ATTEST:
City Clerk
CONS'TRUCTION CONTRACT
THIS CONTRACT, made and entered into this lid day of
by and between Willard Stockman
Construction Corporation ._ , hereinafter called
"Contractor', and the City of Jefferson, Missouri., a municipal
corporation, hereinafter called "City."
WITNE.SSETH: 711at 14hereas, the Contractor has become the
lowest responsible bidder for furnishing the supervision, labor,
tools, eguip;nent, materials and supplies and for constructing the
follading City i;Tprovermnts: 1987 Curb & Gutter Project, Raymond
Road and Denise Drive
W4, TI•IEREFORE, the parties to this contract agree to the
folla.-Ang:
1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools,
e,uiprnent, materials and surplies necessary to perform, and to
perform, said cork at Contractor's Gran erpcnse in accordance with
the contract docu-nents and any applicable City ordinances and
state and .federal la..)s, within Forty-Five (45) (7;.�4k�:f�s`r7� working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within sixty (60)
days ,after the date of this contract.
_7 - -
2. Prevailing Wages. All labor utilized in the construction
- of the aforementioned ini3roveTients shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of a
similar character in this locality, as established by the
Department: of Labor and Industrial Relations of the State of
Missouri, and as establisheed by the Federal Employment Standards
of the Department of Labor. Contractor acknowledges that.
Contractor kncros; 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.
7-026-098 M)Y&) ra =eL.c)VmxxxxxxxxxxxxxxxxxxxxxxxxxXxx
in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record showing the
naTes ' and occupations of all workTrr_n employed in connee
tdon with % . • the work to be perforw<A under the terms of this
contract. The record shall show the actual wages paid to the
,workmen in connection with the work to be perfornxd under the
terns of this contract. A copy of the record shall be delivered
to the Director of Public Works each week. In accordance with
Section 2.90.250 RsMo, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each 4.,orkwan erployed, for each calendar day
or portion thereof that the worhrv3n is paid less than the
stipulated rates for any v.ork done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contri.�ctor shall procure and maintain at its
an e ,p-,_-nse during the life of this contracts
! ! Iliiii � ! il 11 SIR
(a) Workmen's Car nsation Insurance+ for all of its
employees to be o gagcA In work under this contract.
(b) Contractor_ 's Public Liability insurance in an mount
not less than $8t}Q1,l3QO fiat' al.l claims arising out of a
single occurrence arxi $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
carpensat.ion law, Mapte.r 287, 'RSMo., and Contractor's
Property R,um-iga Fnsurance in an arount not less than
$800,000 for all claijrc arising out of a single
accident or occurrence and $100,000 for any one person
in a single acci.dc•:nt or occurrence.
(c) Auto.robile Liability Insurance in an a'Tount not less
• than $800,000 for all rlavris arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(d) Owner's_Prot_ect.ive y_Liabilit Insurance - The Contractor
shall also obtain at its Z.+r exrense and deliver to the
City an O mer's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an
arrount not less thaan $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 workrien's ccapensat ion law, Chapter 287,
R.St-fo. 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 anxounts.
(f) Scope of Insurance and SF vial Hazard. The insurance '
required under Sub-paragraphs (b) and (c) hereof shall___ _ __ __•_
provide adequate protect.iori far the•Conf Facr_atond 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 e.Tploye-d by it, and also, against
any special hazards which may be encountered in the
perfoxwnvance of this contract.
IrJI'E: Paragraph (f) is construed to require the
procurorr-nt of Contractor's protective insurance
(or contingent public liability and contingent '
prop-arty da-rhage policies) by a General contractor
whose subcontractor has uz.-ployees working on the
project, unless the yc•nc•ral public: liability and
property da:ry ge policy (or rider attached thereto)
of the general contractor provides adequate
protection against claims arising fran operations
by anyone directly or indirectly employed by the
Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contrator shall be as fu11.y responsible to
the City for the acts and an.issions of AS subcontractors, and of
persons either directly or indirectly ;employed by them, as
Contractor is for the acts and omissions of persons it directly
c'Tploys- Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the t'emns herein set forth,
insofar as applicable to the work of subcontractors and to give
Contractor the sa- - pcFaer regarding termination of any
subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this contract
shall create any contractual relations b_tkeen any subcontractor
and the City or bet1•:een any subcontractors.
5. Liquidated Damages_ The Director of Public Works may, at
his discretion, deduct:- __$1Q0,0� fra-n any airount
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 carpletion by the titre
above specified, or any extension thereof, or fails to connplete
the work by such tune, 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 liquidaLed 'damages because
of delays in the coapletion of the work clue 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 alive (5) days' prior wr_•itten •
notice to the Contractor, without prejtr.3ice to any other rights
or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general assignmLnt 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 wor3-srrn 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 Right to Proceed. In tiv-- event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the sane to completion, by contract or
otherwise, and Contractor :.nd As sureties shall be liable to the
City for any costs over Lhe a.--munt of this contract thereby
occasioned by the City. In any such case the City may take
possession of, ur)9 utilize in caipleting the work, such
rraLerlals, applicar,ces are] st.rucLur•es as may be on the work site
•b
and are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
Aft rights of the City under any other provisions of the contract,
qP city ordinances, and state and federal laws.
8. Guards and 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 fram 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 avard of this contract
to Contractor.
9. Indr3mnity. The Contractor agrees to defend, indemnify,
and save the City harmless frc;n and against all claims, suits and
actions of every description, brought against the City and from
all deav3ge 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 sarr or on account of any
act or omission of Contractor, its servants, agents, or
subcontractors, or arising out of the a•..:ard of this contract to '
Contractor.
Ask 10. Payment for Labor and Materials. The Contractor agrees
and binds itself to pay for all labor done,. -and for all the
materials used in the construction of the work to be . o.T c leted
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 DocuTn_rts 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 Mav5�__• 19_g�_, which are by reference made a* *
part hereof. yNo partial paymr.nt to the Contractor shall dperate
as approval or acceptance of work done or materials furnished
hereunder.
12. Contract Docu"m_nts. The contract docirnents shall consist ~
of the foll.orii.ng:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drc•.jings and/or sketches
This contract and the other d,-,r_LTr_-nts enumerated in this
paragraph, form the Contract the parties. These docLannts
are as fully a part of the contract as if attached hereto or
repeated herein.
ti
13. Nondiscrimination. The Contractor agrees in the
perfAormnre of this contract not to dLscrimi.nate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any eaployee of Contractor or applicant for e,7ployment
and shall include a siJr►ilar provision in all subcontracts let or
ati;arded hereunder,
14. Notices. All notices required to be in writing may be
given by first class inail address to the City of Jefferson, 320
E. I•icCarty, Jefferson City, Missouri 65101, end Contractor at
Star Route #2 Schott Road, Jefferson City, MO 6 i01: date of
delivery of any notice shall be the second full day after the day
of its imiling.
15. Jurisdiction. This agree:Tont and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
16. IN TESTIPT)NY 104EP.r'XJF, th� parties have hereunto set
their hands seals this ��-� day of .�.�
19 s an sea �-
CITY OF JEFFERSON, MISSOi.1RI
R .yi.. .
ATPFST:
CITY CLERK
COMP ACTOR
By
Title: I ,),•� /2e.•�'.
ATTEST: v
SEC ' A
THE AMERICAN INSTITUTE OF ARCHITECT$
Bond No.'30SB100384970BCA
AIA Document A312
Performance 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. Sox 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: June 2, 1987 ($111,355.75)
Amount: One hundred eleven thousand three hundred fifty five and 75/100 dollars
Description? (Name and Location): 1987 Curb & Gutter Project, Raymond Road and Denise Drive,
Jefferson City, MO
BOND
'Date (Not earlier than Construction Contract Date): June 2, 1987
F�rr+ourit: One hundred eleven thousand three hundred fifty five and 75/100 dollars
'Modifications to this Bond: [n None ($111,355.75) p See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Willard Stockman Construction Corp. The Aetna. Casualty and Surety Company
Signature: Signature:
Name and Title: �� �j2v.S Name and Title: Michael D. Whipps
Attorney-in-Facto
(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- DECLMUER 19M ED. 4 AIA 4
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,,N.W.,WAMi1NGT0N,D,C.20mb A312-19H I
1 ,
I The Contractor and the Surely, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executers, administrators, 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 obligation 5 If Ilse Surety dons not proceed a;provided in Paragraph
under this Bond, except to participate in conferences as 4 with rel sonable promptness,the Surety shall be deemed
provided in Subparagraph 3.1. It)be in de(auil on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice (ram the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
this liond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Conirac for and the remedy available to the Owner. if the Surely 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 lendered or the Surety has denied liability, in
Default and has requested and attempted it)arrange a whole or in part,without further notice the Owner shall be
conference with the Contractor and the Surely In he entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construe 6 After the Owner has terminated the Contractor's right
lion Contract. if the Owner, the Contractor and the to complete 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 Surety shall not be greater than those of the
Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right 10 complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not he de- Owner of the iialance of the Contract Price to mitigation at
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-
3,3 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' sulting 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 it no liquidated damages
4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam.
g ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction manse 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-
tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off an 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 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 Owners concurrence,to be secured related subcontracts, purchase orders and other obliga.
with performance and payment bonds executed by a lions.
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 b in ex- may be instituted in any court of competent jurisdiction in
Bess 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 C_ontractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete,arrange, Default or within two years after the C'onlractor teased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fair
reasonable promptness under the circurnslancer: it)perform its obligations under this Bond,whichever oc.
curs first. If the provisions of this Paragraph are void or
.1 After investigation,determine the amoum for prohibited by law,the minimum period of limitation avail.
ALA DOCUMENT A312•PERFORMANCE 11i AND I'AVM(NE HONU•UECEMHIR 11184 1I). •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW NORK AVE..N.W.,WA%HINGTON,D.C.Mm A312-19M 2
able to sureties as a defense in the Jurisdiction()l the suit tractor of arty amounts received or to be received by
shall be applicable. the Owner In settlement of insurance or other claims
® (or darnalles to which the Contractor Is entitled. re-
10 Notice to the Surety,the Owner or the Contractor shall 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 to ttmlply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement in the lot at ion where the Owner and the Contractor identified on the sig-
the construction was to be performed,any provision in This nature pane, Including all Contract Documents and
Bond conflicting with said statutory or legal wguiremeni o hangvs thereto.
shall be deemed deleted herefrom and pruvkiuns con•
forming to such statutory or other legal rcquimmenl shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that IN% whit it has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond 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 tnt.rl amount neither been remedied nor waived, to pay the Con-
l the Owner to the Contras I under the tractor as required by the Construction Contract or to
payable Y perform and complete or comply with the other terms
Construction Contract after all proper adjurtmenls thereof.
have been made, including allowanct- to 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 Title:
Address: Address-
AIA DOCUMENT A312- PERFORMAN(E BOND AND PAYMINT IIOND-IM IMIItB 1'M tO. -AIA •
THE AMERICAN INSTITUTE OF ARCHITECTS,173S NIW YORK AVE..N.W.,WAS141 .ION,U.C.MK* A312.1954 3
THE AMERICAN INSTITUTE OF ARCHITECTS
9 .lilt,
Bond No. 30SB10038497OBCA
AIA Document A312
Payment Bond
Any singular re(erence to Contractor, Suri-ly, Owner or othi-r early 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):
Aft City of Jefferson City, MO
320 E. McCarty
Jefferson City, MO 65101
CONSTRUCTION CONTRACT ($111,355,75)
Date: June 2, 1987
Amount:One hundred eleven thousand thre hundred fifty five and 75/100 dollars
Description.(Name and Location): 1987 Curb & Gutter Project, Raymond Road and Denise Drive,
Jefferson City, MO
BOND
Date (Not earlier than Construction Contract Dale): June 2, 1987
/-,Mou6t One hundred eleven thousand three hundred fifty five and 75/100 dollars
Modifications to this Bond: IA None ($111,355.75) ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Signature: ~'� "-°' ' Signature: � ,fly S
Name and Title: �,� PaF_S. Name and Title: Michael D. Whi.pps
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 84113
Prairie Village, KS 66208
AIA DOCUMENT A317• PERFORMANCE BOND ANO PAYMI N1 BONI)•IMCI MISER 1984 ED. •AIA �+
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AYE.,N,W„WAS1IINOTON,D.C.2I" A312-1984 4
I The Contractor and the Surety, jointly and stmt-rally, 6 Whan the Claimant has satisfied the conditions of Para-
bind themselves, their heirs, executors, administralasrs, graph 4, the Surely shall promptly and at the Surety's ex-
asuccessom and assigns to the Ovener to pay (or labor. pence take the (ollowing actions:
materials and equipment furnished fnr use in the perfor. 6.1 Send an answer to the Claimant,with a copy to.the
mance of the Construction Contract,which is incorporated Owner,within 45 days after receipt of the claim,staling
herein by reference. the amounts that are undisputed and the basis for chat-
2 With respect to the Owner,this obligation%hall he null lenging any amounts that are disputed.
and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly. amounts.
for all sums due Claimants, and 7 The Surr:ty`s total obligation shall not exceed the
2.2 Defends, indemnifies and holds h,•;rmlv%s the amount of this Bond,and the amount of this Bond shall be
Owner from all claims,demands, liens or molts by any t rediti:cf forany payments made in good faith by the Surely.
person or entity who furnished labor, materials or 8 Amounts owed by the Owner to the Contractor under
equipment for use in the performance of the C onsiruc- the Construction Contract shall be used for the perfor-
lion Contract, provided the Owner has promptly nnti- man(o of the Construction Contract and to satisfy claims,it
Pied the Contractor and the Surety (at thv address tie- any. under any Construction Performance Bond. By the
scriber) in Paragraph 12)of any claims. cli-man ls, liens (•ontracttir furnishing and the Owner accepting this Bond,
or suits and tendered defenseot such r.l,unis.demands, y ti rev at funds e thr a, that all fdarned b y the Contractor in the
liens or suits to the Contractor and iht- Surely, and
provided there is no Owner Default. I,erft,rmanr a of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under
3 With respect to Claimants, this obligation hall be null this Bond,subject to the Owner's priority to use the funds
and void if the Contractor promptly makes 1mvint-nt, di- for the completion of the work.
rectly or indirectly, for all sums due. 9 The Surely shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants under or others(or obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shall not be
4.1 Claimants who are employed by or govt ;, direct liable for payment of any costs or expenses of any Claimant
contract with the Contractor have wen notice to direct under this Bond,and shall have under this Bond no obliga-
6 lions to make payments to, give notices on behalf of, or
Surety (at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond,
sent a copy,or notice thereof,to(fie Owner.slating;that
a claim is being made under this Bond antl, with sub. 10 The Surely 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: trans.
.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, n- under this Bond other than in a court of competent jurisctic-
tra Owner, within <N) days after having last lion in the location in which the work or part of the work is
erf Owner,
labor or last furnished materials or located or after the expiration of one year from the date(1)
P on which the Claimant gave the notice required by Sub-
equipment included in the claim stating,with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate.
and the name of the party to whom the male- 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 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 having been paid within theabove 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)anti sent a shown on the signature page.
copy,or notice thereof, to the Owner, slating 13 When this Bond has been furnished to comply with a
that a claim is being made under this Rond and statutory or other legal requirement in the location where
enclosing a copy of the previous written nolict, 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 the Owner shall be deemed deleted here(rom and provisions con-
to the Contractor or to the Surety,that is sufficient cumpli- forming to such statutory or other legal requirement shall
® ante, be deemed incorporated herein. The intent is that this
AM DOCUMENT A312-PERTORMANC( BONA ANO I'AYMtNr noNn+t)Ic,imIIlR 1'xA (l). -AiA
THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS NEW YORK AVE.,N.W.WASHINGTON.U.C. wn, A312.1984 5
Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering
AOL common law bond. services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be
potential beneficiary o this Bond, the Contractor 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.
1S.2 Construction Contract:The agreement between
1S DEFINITIONS the Owner and the Contractor identified on the sig-
1SA Claimant:An individual or 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('o,%tract.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, oil, gasoline. thereof.
'telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature: --_
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312+PERFORMANCE BONO AND PAYMENT IJONU•UICEMHER INIA ED, •AIA Ob
THE AMERICAN INSTITUTE OF ARCHITECTS,ins NEW VONK AVE.,N.W.,WASHINGTON,D.C.&IM A312-19U 6
1 THU AITNA CASUALTY AND SURETY COMPANY
Hartford,Connecticut 08115
LIP1 b CASUALTY
Am POWER OF ATTORNEY AND CERTIFICATE OF AUTHOR17Y OF ATrORNEY1SHN•FACT
KNOW ALL MIN eY THIS%PRIIINT&THAT TH/ATNA CASUALTY AND FURS TY COMPANY,a corpetstion dulyorgenizod under the lowsof the
Slot#of Connecticut,and having Its principal office In the City of Hanford,County,of Hertford,Btote of Connecticut,hath made,constituted and
appointed,and does by lhaeo presents make,oonatlivis sod eppolnt John T. Lock tone III or Thomas E. Johnston,
Mission Hill, Kansas or James C. Pateidl M1l=1 C. Fro}te Michael D. Whippe, Brian F.
Cooper or Ue Drab K Braden threrland Par�C, Itansae or Dav d M. Lockton, William M.
Erick J hn F. Su1Llvap ob. alth Mul,of r�,s, Kannn$s City, Missouri or Merlin D. Redfield,
enexh, Kansas or n s orn ,
of x xx xxxxxxxxxxxxxitxxxxxxxxxxx)rxx O to7nie and lawful Ailomayis)•In•Fect,with full power and authority hereby conferred
Is sign,execute and ocknowltdge,at env alsce within the United Slates,or,N the following line be filled In,within the area there desig-
nated ,the following Instrumontle):
by his/her sofa signature and eel,any and all bonds,rocagnlzances,contracts of indamnity,and other writing&obligatory in the nature of•bond,
recognizance,or conditional undertaking,and any and all contents inc!dente thereto
and to bind THE ETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extant as It the manta were signed by the duty
authorized officers of THE ETNA CASUALTY ANDSURETY COMPANY,and all the acto of said Attornev(s)-in-Fact,pursuentto the authority heroin
given,are hereby refined and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of sold Company which Reaotution&are now In full force
and effect:
VOTED:That each of the follov I officers:Chairman,Vice Chairman,Prealdent,Any Executive Vice President,Any Senior Vice President,Any Vice
Prosident,Any Assistant Vice President,Any Secretary.Any Assistant Secretary,may from time to time appolnt noaidant Vice Prasidantt,Resident
Atsistent Se,creterles,Anornoys-(n•Foc7,and Aosnto to act tar and on behalf of the Company and may give any ouch appointee ouch authorFtyaa his
certificate of authoehy may proscribe to sign with the Company's name and mail$with the Company's asst bonds,recognizant",contracts of
Indemnity,and other writings obligatory In the noturs of a bond,recognizance,or conditional undertaking,and any of said o`ticars or the Board of
Directors may at any time remove any such appolntoo and revoke the poI and authority given him.
VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recogn!sanco,err cond!tlonal undertaking
shall be valid and binding upon the Company when lo)signed by the Chairmen,the Vico Chairman,the President,an Executive Vice President,a
Senior Vice President,a Vice President,an Assistant VIa7 n:esident or by a Resident Vice President,pursuant to the lover prescribed in the
cenificato of authority of such Resident Vice President,and duly attested and sealod with the Company's trial 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 Saeratery:or(b)duty
executed(under tool,if required)by one or more Attorneys-In-Fact pursuant to the power prescribed in his or their certincato or certificates of
authority.
AM This Power of Attorney and CeniRcata of Authorlty is signed and seated by facsimile 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 affect:
VOTED: That the signature of each of the following officero:Chairman,Vice Chairman,Provident,Any Executive Vice Pratident,Any Senior Vice
President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the teal of the Company maybe affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Ratidonl Assistant Secretaries or
Attemoye•(n-Fact for purposes only of executing and attesting bonds slid undertaking%and other writings obligatory In the nature thereof,and any
such power of attorney or vrilficata bearing such facalmiln signature or facsimile seat shall be valid and binding upon the Company and any such
power to oxacuted and certified by such fscolmlls slgrieturs and facsimilo seal shall be vai!d and binding upon the Company in the future with
respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,THE ATNA CASUALTY AND SURETY COMPANY has caused this Instrument to be signed by its Assistant
e Vice Prealdent and Its corporate meal to be hareto affixed this 12th
day of June '19 85
,mow
/(_,/''r x �''► THE X1174A CASUALTY AN9 SURETY COMPANY
�;.
............ By J G t
State of Connecticut ,Oseph P. Kiernan
County of He }
rtford act.Hanford Assistant Vice President
1111
On this 12th day of June 19 85 ,before me personally carne JOSEPH P. KIERNAN
to me known,who,being by me duly swam,did dttoss and soy:that he/she Is Assistant Vice President of
THE ATNA CASUALTY AND SURETY COMPANY,the corporation described In and which executed the above Instrument;that he/she knows the
seal of sold corporation;that the saal affixed to the sold Instrument)a such corporate coal;and that he/she executed the said instrument on behalf
of the corporation by authority of his/her office under the Standing Resolutions thereof.
•YG JI
My mission expires March 31,19 89 Notary Public
CERTIFICATE Johanna M, Degnan
1,the undersigned, Secretary of 1HE.ETNA CASUALTY AND SURETY COMPANY,a stock corporation of the
State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and
hem not been revoked;and furthermore,that the Standing Restitutions of the Boarder Directors,to set forth in the Certificate at Authority,are now
In tarts.
Rolm
Signed and Salad at the Home 0111ca of the Company,in the City of Hartford,State o onntal t 7 day of
,to
\ ! Vincent A. Walsh, Secretary
.(&#M.91(M)Y7a PRINTED IN U.S.A.
0 o yet
CrI o&e ti ISSUE DATE (MMIDD/YY)
p 0
05/12/87
PIAODUCERi 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 Agency COMPANIES AFFORDING COVERAGE
P. O. Box 8418
Prairie Village Ks 66208 COMPANY
LETTER A Mass. Day (Hanover)
COMPANY
INSURED 158 LETTER Hanover
COMPANY
Willard Stockman Co nst. Corp. LETTER C California Compensation (Hanover)
COMPANY Q
Star Route G, Schott Road LETTER
Jefferson City, MO 65101 COMPANY
LETTER
a
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSUFIED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERN,OR CONDITION OF ANY C014TR.ACT 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE(MM/DDrOl DATE(MAVDDM) OCCURR EACH ENCE AGGREGATE
— _
GENERAL LIABILITY
BODILY
A X COMPREHENSIVE FORM 0208 6861 03/31/87 03/31/88 INJURY $ $
X PREMISES/OPERATIONS PROPERTY
X UNDERGROUND LO coverage Only DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD _
X PRODUCTS/COMPLETED OPERATONS
X CONTRACTUAL BI&PD
COMBINED $ $
X INDEPENDENT CONTRACTORS 11000 1, 000
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $
_ 1, 0QIo
AUTOMOBILE.LIABILITY � - BODILY
INNAY
D X ANY AUTO DA42 7574 03/31/87 03/31/88 (PERPERSON+1 $
X ALL OWNED AUTOS(PRIV. PASS.) BODILY
07HER THAN PWA
ALL OWNED AUTOS(PRIV. PASS. (PER AMID." $
X HIRED AUTOS
PROPERTY
>t NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
BI 8 PD
COMBINED $1, 000
EXCESS LIABILITY
UMBRELLA FORM N/A 81&PD
OTHER THAN UMBRELLA FORM COMBINED $ N/A $ N/A
STATUTORY
c WORKERS'COMPENSATION WHK24 53687 -- 03/31/87 03131188 $$ ► �1(EACH ACCIDENT)
AND 01 (DIS�IJ (ASE.POLICY LIMIT)
EMPLOYERS'LIABILITY $ (DISEASE-EACH EMPLOYEE)
EMPLOYEE)
OTHER - — `�.� , limit per
A Rented & Leased 02086861 03/31/87 03/31/88 item AR ACV 100%
„-
Equip. -- � -- ---�-_T Coin 500 Ded
DESCRIPTION OF OPERATIONSILOCATIONSNEHICI.ES/SPECIAL ITEMS
1987 Curb & Gutter Project Raymond Road & Denise Drive
a • r
3007 : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX•
PIRATION ATE THEREOF-, THE ISSUING COMPANY ILL ENDEAVOR TO
City of Je f fer•�son, IYID MAIL 1 DAYS WRITT NOTICE TO THE CERTIFICAT OLDER NAMED TO THE
LEFT,BUT AI IiE TO L S CH NO•FICE SjiALL!MP E OBLIGATION OR LIABILITY
OF ANY KI UPON TIP.Ct PANY=IT'S .GCNTS RESENTATIVES.
320 E. McCarty AUTHORIZE REPRES AT YE ^- - --
Jefferson City MO 65101
e •o
Etnufnr No
�� • • 5-407E
• • • • s • •
NANIF ANDADUNI!,sor A(,(NtA COMPANY
Lockton Insurance Agency Hanover
P.O. Bcv. 8418 -- Effective 12001 a i1, - May 12 .?9 87 -
Prairie Village, KS 66208 Expires
_-�?� 12 at am �.. '1 Noon July_._1219 87______.
j. .l This hinder is Issued to extend coverage in the above named
company per expiring t;ollcy It
NANIE AND MAILING AUD;4LSi Of u,UPI 0 Description of Operation lVehicles/Property - - -
City of Jefferson City, Missouri Pre-assigned policy no. L2402743
320 E. McCarthy
Jefferson City, MO 65101
Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded. coins.
P
R
0
P
E
R
T
Y
Type of Insurance Coverage/Forms ---- ----- Limits of Liability
Each Occurrence Aggregate
L —.—.- —~--- -- ----------- Injury --- $
i ❑ Scheduled Form -❑ Bodii Comprehensive Form y $ 800,000 800,000
❑ Premises/Operations
�IE�l1 Products/Completed Operations Property Damage $ --100 r 000 00 $ 100 000
�_
I l_J Contractual Bodily Injury &
Y [ Other (specify below) Owner/Contractor Protective Property Dania ge $ $
❑ Med. Pay. $ Pot $ re, Combined
Pcr;nn A:•a UCnt ----- --
❑ Personal Injury [ i A B C Personal Injury $
-~--- -�-- -- '- — - -- - Limits of Liability
A ❑ Liability ❑ Non owned Hired Bodily Injury(Each Person) $
U
T El Comprehensive•Deductible $ Bodily Injury(Each Accident) $
0 ❑ Collision•Deductible $
M
0 ❑ Medical Payments $ Property Damage $
a[ ❑ 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 CONDITIONS/OTHER COVERAGES
Project - 1987 Curb & Gutter Project
Raymond Road and Denise Dr.
NAME.AND ADnRE55OF L.1 MORIGAGLL L..I I OS1,PA',I V 1.".7 ADD'( INSWIL0
Willard Stockman Construction CoitiwA NU Er-
Star Route 2, Schott Road
Jefferson City, MO 65101 `
gnatura of Authoritod Reprosentative Dale
ACORQ 75 111777 c)