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HomeMy Public PortalAboutORD10836 } 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)