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HomeMy Public PortalAboutORD10855 a BILL NO. 87-42 SPONSORED BY COUNCILMAN HALSEY, DAVIS ORDINANCE NO. 16 F5-5— AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD STOCKMAN CONSTRUCTION CORPORATION FOR 1987 CURB AND GUTTER PROJECTS, 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 1987 Curb and Gutter Projects, Phase 1, for a sum not to exceed $79, 818.00. 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. ® Passed _ Approved a_ee� ?1 15 If 12 Presidi Officer Mayor ATTEST: City Clerk CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this -74-VI day of 19A:7 , by and between Willard Stockman Don ruction Corporation 0 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 Curb & Gutter Projects, Phase I 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 Thirty (30) (MMKOU, 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 construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by the 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. 7-026-095 )RmuEr Ys}mic4 yG}CXXXXXXXXXXXXXXXXXXXRXXXXXX 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 connec - tion 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 workmen'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 Agh any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri worlanen'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 S2ecial 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 provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to _ the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. Liquidated Damages. The Director of Public Works may, at his discretion, deduct $100 Per day 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 con-pletion of the work due to unforseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days' prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should - be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work andeprosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, applicances and structures as may be on the work site 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 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, 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 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 June 2, _, 19 87 , 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 Alk This contract and the other documents enumerated in this paragraph, form the Contract botween the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Notices. All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Contractor at Star Route #2, Schott Rd. ; Jefferson City, MO 65101.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, parties hav_ he eunto set their hands and seals this . J' , day of 192. CITY OF JEFFERSON, MISSOURI Aft By _- OR ATTEST: � CITY CLERK CONTRACTOR By Title: President ATTEST: SECRET Y �� 109UIw DATE(MM/D(NYY) PRODUCER M THIS CERTIFI4ATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ( l NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CORTIIRCATIE DOES NOT AMEND, Lock.tuu Insurance Agency EXTEND OR ALTER THL COVERAGE AFFORDED BY THE POLICIES BELOW. _r•� -,••��a„� P.O. Box 8418 COMPANIES AF'F'ORDING COVERAGE Prairie Village, Ks 66208 y COMPANY A LETTER Mass. Day (Hanover) COMPANY INSURED LETTER Hanover Will E ard Stockman Coast. Corp. OTM'TERNY C Star Route 2, Schott Road r",y�iit.a c°mpPneation (Hanauer) Jefferson City, MO 65101 CLET(ERNY COMPAN\' 4 LETTER 0 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO 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 13E 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. CID TYPE EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTD TYPE OF INSURANCE POLICY NUMBER DATE(MWODNY) DATE(MMICDIW) a R AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS Q208 6861 03/31/87 03/31/88 PROPERTY $ $ UNDERGROUND DAMAGE EXPLOSION&COLLAPSE HAZARD PRODUCTStMAPLETED OPERATIONS t�u�� coverage only CMTRACTUAL COMBINED $ $ 1 INDEPENDENT CONTRACTORS 1,000 1,000 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ _ I 1 000 AUTOMOBILE LIABILITY I) LY ANY AUTO (PER PfAsao $ $ ALL OLVNED AUTOS(PRIV. PASS.) 13A42 7574 03/31/87 03/31/88 R ILY ALL OWNED AUTOS(VgNRp HSAAN) (PER AWDEn $ HIRED AUTOS PROPERTY NON-MED AUTOS DAMAGE $ GARAGE LIABILITY BI 6 PD COMBINED $1,000 EXCESS UABILITY UMBRELLA FORM N/A COMBINED $N/A $ AIWA OTHER THAN UMBRELLA FORM STATUTORY WORMERS'COMPENSATION C AND WHK24 53687 03/31/87..• .. 03/3}f 8 : $ Q0 (EACH ACCIDENT) EMPLOYERS'LIABILITY $ Sao (DISEASE-POLICY LIMIT) $ 100 (DISEASE-EACH EMPLOYEE) OTHER A Rented & Leased Q2086861 03/31/87 03/31/88 50,000 Limit per item AR ACV 100% Coin 500 E .4- . 1ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 1987 Curb & Gutter Project, Phase I, Peachtree Drive 0 0 0 City of Jefferson, MO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY-WILL ENDEAVOR TO 320 East McCarthy MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFIC&TE 1 OLDER NAMED TO THE 3effersou City, Mo 65101 LEFT,BUT FAILURE O MAIL SUCH NOTK SHALL iM N001PLIGATM ORLUasll.M OF ANY KIN UPON THE COMPANY, ITS AGENTS OWREPAESENTATIME01. _ AUTHORIZED E AT1 yw"ll �. o w iSSIJE PATE(MM/DD/YY) 6-17-87 1e THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, ODUCER COMPANY .�.—_ r BINDER NO. - Lockton Insurance Agency Hanover Insurance _ 7-400E P.O. BOX 8415 -� DATE EFFECTIVE TIME DATE EXPIRATION TIME Prairie Village, Ks 66208-0418 1 12 1 AM J I I PM gg� t 7 198 NOON T1115 BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO., CODE SUB-CODE DESCRIPTION OF OPERA riONSNEHICLESIPROPERTY(INCLUDING LOCATION) INSURED µ City of Jefferson City, 1D 320 East McCarthy Jefferson City, MO 65101 e TYPE.OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC BROAD SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ wus WOE F r,UttRe+,•e PERSONAL d ADVERTISING INJURY $ PROTECTIVE CONTRACTORS $100,000/$800,000 Per Person FIRE OCCURRENCE $ FIRE DAMAGE(ANY ONE FIRE) $ PIETRO DATE FOR CLAIMS MACE: MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL'VEHICLES SCHEDULED VEHICLES CSL LIABILITY 81 PERSIACCIO $ NON/OWNED PD $ HIRED MED.PAY $ ' c, GARAGE PIP $ ;,r?..,,. UM ..5 � . Is AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: STATED AMOUNT $ OTC DIED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF•INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS•MADE: STATUTORY WORKER'S COMPENSATION lY,f. $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (OISEASE•POLICY LIMII) $ (OISEASE•EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES Project: 1987 curb and gutter project Phase I Peachtree Drive Designated Contractor: MORTGAGEE ADDITIONAL INSURED Willard Stockman Construction Corporation LOSS PAYEE Star Route 2, Schott Road LOAN# Jefferson City, by 65101 TH 2F.D EPRESEN TIE THE AMERICAN INSTITUTE OF ARCHITECTS 30 SB 100389896 BCA AIA Document A312 Performance Bond Any singular reference to Contractor, Surely, Owner or roller 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, Missouri 320 East McCarthy Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: July 7, 1987 Amount: Seventy nine thousand eight hundred eighteen and no/100 dollars ($79,818.00) Description (Name and Location): 1987 Curb & Gutter Projects, Phase I BOND Date (Not earlier than Construction Contract Date): July 7, 1987 Amount: Seventy nine thousand eight hundred eighteen and no/100 dollars ($79,818.00) Modifications to this Bond: CJ None p See Page 3 CONTRACTOR AS PRINCIPAL SURETY Cornpanyi (Corporate Seal) Company: (Corporate Seal) Willa. rdi S kman C tructi n Corp. The Aetna Casualty c�sualty and Surety pang Signature: Signature: Name -and.Tide: . Name and Title: Michael D. Whi ps Attorney-in-Fact (Ahy,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 UOND•UECL&IIIER 19PA ED. •AIA 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASIOINCTON,D.C.2M A312-ISO 1 I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is 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(he 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 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 shall be deemed provided in Subparagraph 3.1. tot be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Conlrac lour and the remedy 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 Surely to be entitled to enforce any remedy available to the Owner. held not later than fifteen clays after receipt of such notice to discuss methods of performing the-Construe- 6 After Igo-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 riot he 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 lie de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 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 Surely in accordance- with the lion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delav 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. culling from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 liquidated damages, or if no liquidated damages 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 manse of the Contractor. Contract; or 4.2 Undertake to perform and complete the Construe• 7 The Surely shall not be liable to the Owner or others for lion Contract itself, through its agents or through true- obligations of the Contractor that are unrelated to the Con- 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 for 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- 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 he secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a lions. qualified surety equivalent to the bonds issued (in the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this 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 default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arr.inge Default or within two years after the Contractor eeasvd for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fair reasonable promptness under the circumslaoces: to perform its obligations under this Bond,whichever oc. curs first. If the provisions of (Iris Paragraph arc void or .1 After investigation, determine the,oinounl for prohibited by law, the minimum period of limita(ion avail. ;IA DOCUMENT A312-PERFORMANCE IJONU AND I'AVMINI HONU-U(CtMI11R 11184 it). -AIA a THE AMERICAN INSTITUTE OF ARCHITICTS. 1?3S NEW IORR AVE.,N.W.,WASHINGTON, U.C. 1e10% A312.1984 2 1 able to sureties as a defense In the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of Insurance or other claims 10 Notice to the Surety,the Owner or the Contraclor shall for damages to which the Contractor is entitled, ro- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement thangt-% thereto. shall be deemed deleted herefrom and provhions con- forming to such statutory or other legal reriuirt'ment 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 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: Tht'trlt,I)amount neither been remedied nor waived, to pay the Can- l the Owner to the rice: T c t under the tractor as required by the Construction Contract or Io payable Y perform and complete or comply with the other terms Construction Contract after all proper adju%1men1s thereof. have been made, including allowanty to the Con. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, ether 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 HOND AND PAYMINT 110140•DI(IMIIIR 11*1 I.D. •AIA • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 Nl1Y YORK AVE.,N.W.,WASHINWON,V.C. 2(xm A312.1964 3 A THE AMERICAN INSTITUTE OF ARCHITECTS , Bond No. 30 SB 100389896 BCA AIA Document A312 Payment Bond Any singular reference to Contractor, Sumly, 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): AWL City of Jefferson, Missouri 320 East McCarthy Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: July 7, 1987 Amount: Seventy nine thousand eight hundred eighteen and no/100 dollars ($79,818.00) Description,(Name and Location): 1987 Curb & Gutter Projects, Phase I BOND Date (Not earlier than Construction Contract Date): July 7, 1987 Amount: Seventy nine thousand eight hundred eighteen and no/100 dollars ($79,818.00) Modifications to this Bond: 14 None 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal Company: (Corporate Seal) Willard St c man Cdns fit: Corp. The Aetna Casualty and Surety Company Sibnature::. Signature: &A--� Name acid Title: �,�,� Name and Title: Michael D. t1hip s 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 IIOND AND PAYMINI BOND-OLCIMIIER 1984 ED. •AIA � THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N,W.,WASHINGTON.U.C. 2000W A312.1984 4 1 1 The Contractor and the Surety, jointly anti severally, 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 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 Cite 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,stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall he null lunging 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 Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harrttless the amounl of this Bond.and the amount of this Bond shall be Owner from all claims,demands, liens or soils by any c rediled for any payments made in good faith by the Surety. person or entity who furnished labor, rimierialx or 8 nrnounl%owed by the Owner iq the Contractor under equipment for use in the performance of thy•C:onstruc• the Construction Contract shall be used for the perfor- lion Contract, provided the Owner has promptly noli- rt►anc a of the Construction Contract and to satisfy claims,it tied the Contractor and the Surety (at the-address de- any, under any Construction Performance Bond. By the scriber( in Paragraph 12) of any claims, di-mant1%. liens (•ontractor lurnishing and the Owner accepting this Bond, or suits and tendered defense of such clan•..demands' they agree that all funds earned by the Contractor in the liens or Suits to the Contractor and the Surely, and perforrnanr(: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 Bond,suhicct to the Owner's priority to use the funds and void if the Contractor promptly make% pavotent, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unreiat- this Bond until: ed to the Construction Contract. The Owner shall not be 4.1 Claimants who are employed by or have ;r direct +rable for payment of any costs or expenses of any Claimant contract with the Contractor have notice to the under this Ilond,and shall have under this Bond no obliga- S given 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,io the Owner.slating that a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to 4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga- tions. the Contractor: .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant under this lfond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date(1) performed labor or last furnished materials or 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 male- and the name of the party to wham the mate- rials or equipment were furnished by anyone under the rials 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 hie• communication from the Contractur 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 withintlteabove Itchy-, or the Contractor, however accomplished, shall be suffi. have sent a written notice to the Surely(at the cieni compliance as of the date received at the address address described in Paragraph 121 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 Ilrmcl and statulory or other legal requirement in the location where enclosing a copy of the previous writleo notrc a the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5 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 suffic ium eornpli- forming to such statutory or other legal requirement shall ante. be deemed incorporated herein. The intent is that this AIA DOCUMENT A212. PERFORMANCE BOND ANO 11AVR1lNr IIONO 1 010KIIIIR 111rN ED. 1 AIA THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YOKK AVE.,N.W.,WASHINGTON.U.C.Iowa 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 Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing lobe a all other items for which a mechanic's lien may be potential beneficiary of 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. 15.3 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 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- 1b.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 limila- 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, uil, gasoline, thereof. 'telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ® Signature: Signature: Name and Title: Name and Title: Address: Address: AM DOCUMINT A913•FIRFORMANCE BOND ANU PAYMINI NONU 0 UICEMM 1'I!N tU. •AIA A THE AMERICAN INSTITUTE OF ARCHITECTS,ins NfW YORK AVI„N.W.,WASHINGTON,D.C. =a A312.1964 6 i THE A TNA CASUALTY AND SURETY COMPANY e Hartford,Connecticut 08115 LIFE 6 CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE&TNA CASUALTY AND SURETY COMPANY,a corporation duty organized under the laws of the State of Connecticut,and having Its principal office In the City of Hartford,County of Hartford,State of Connecticut,hath me&,constituted and appointed,and does by these presents make,constituto and appoint John T. Lockton, III or Thomas E. Johnston, Mission Hills, Kansas or James C. Pateidl Michael C. Frost, Michael D. Whipps, Brian F. Cooper or Deborah K. Braden Overland Pam's, Kansas or David M. Lockton, William M. rick Jphn F. Su1vaE�o� athy M Loftus, Kansas City, Missouri or Merlin D. Redfield, enex�i, Kansas or Mn s orne, Leawoo , Kansaa of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Ats true and lawful Attorney(s)-in-Fat,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,or,if the following line be filled In,within the eras there desig- nated .the following instrument(,): by his/her sole signature and act,any and all bonds,recognbences,contracts of Indemnity,and othorwritings obligatory in the nature of a bond, recognizance,or conditional undertaking,end any and all consents incidents thereto and to bind THE.ETNA 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 k-TNA CASUALTY ANDSURETY COMPANY,ends"!the acts of said Attomey(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,AnyV ice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time cppoint Resident Vice Presidents,Resident Assistant Secretaries,Artornoys•in-Fact,end Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds,recogniaences,contracts of Indemnity,and other writings obligatory in the natureof a bond,recognizance,or conditional undertaking,and any of sold officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That tiny bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the Chairman,the Vice Chairman,the President.an Executive Vice President,e Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Via President,pursuant to the power prescribed in the certificate of authority of such Resident Vice President,and duly attested and sealed with the Company's seal 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)duly executed(under seal,if required)by one or more Attorneys-In-Fact pursuant to the power prescribed In his or their certifrate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed 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 effect: VOTED: That the signature of 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,and the seat of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney orcertifiato bearing such factlmila signature or facsimile seal shell be valid and binding upon the Company and any such power to axocuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any band or undertaking to which it is attached. IN WITNESS WHEREOF,THE(ETNA 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 a `l THE AM CASUALTY AN SURETY COMPANY raxno.o.� ti cow. F BY State of Connecticut 60seph P. Kiernan County of Hanford I as.Hartford Assistant Vice President Cathie 12th day of June 19 85 ,before me personally came JOSEPH P. KIERNAN to me known,who,being by me duly sworn,did depose and say:that he/she Is Assistant Vice President of T1iE EETNA CASUALTY AND SURETY COMPANY,the corporation described in and which executed the above Instrument;that he/she known the seal of said corporation;thatthe seal affixed lathe said Instrument Is such corporate seal;and that he/she executed the said Instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof, • ` My mission explrss March 11,to 89 Notary Public CERTIFICATE Johanna M. Degnan I,the undersigned. Secretary of THE,ETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Anornev and Certificate of Authority remains in full force and has not bean revoked;and furthermore,that the Standing Resolutions of the Board of Directors,$a sot forth In the Certificate of Authority,are now in force. Signed and Sealed at the Home Offics of the Company,in the City....of Hartford,State o onnectic t day of 19 •• BY Vincent A. Walsh, Secretary .(S-1922-E)(M)3•79 PRINTED IN U.S.A.