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.