HomeMy Public PortalAboutORD10944 BILL NO. 87--135
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. IL2`LZ
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD
STOCKMAN CONSTRUCTION CORPORATION FOR THE 1987 SANITARY SEWER
PROJECT, PHASE I.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Willard Stockman Construction
Corporation for the 1987 Sanitary Sewer Project, Phase I, for a
sum not to exceed $25, 731.65.
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 T�t�z��.., 4e--c�, (S �I Approved /
,4- a �
esid frficer ayor
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this 3 day of
, 1987 , by and between Willard Stockman
Construction Corporation hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City."
WI'1WESSETH: That Miereas, the Contractor has became the
lowest responsible bidder for furnishing the supervision, labor,
tools, equipment, materials and supplies and for constructing the
following City improvements: 1987 Sanitary Sewer Project,
Phase I
NCW, UIEREFORE, 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 aom exWnse in accordance with
the contract docu-nents and any applicable City ordinances and
state and federal laws, within sixty (60) _ (calendar, Tx' ub,-)agdx
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within ten 10
days after the date of this contract.
2. Prevailing Wages. A11 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.
7-026-097 xxxba3lxxk1xk4r' niko[
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 e.,rployed in connec -•
tion with i • the work to be perforayad under the terms of this
contract. The record shall shoo the actual wages paid to the
vror}mnen 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 a:eek. In accordance with
Section 290.7.50 RS.'•:o, Contractor shall forfeit to the City Ten
G311ars ($10.00) for each 4:or%ron aiVloyed, for each calendar day
or l),ortion 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.mai.ntairi at its
o.rn expense during the life. of this contract:
WJ
(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, RS114o. , and Contractor's
Property Damage Insurance in an a aunt 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 a.-rnunt 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) amer's Protective Liability Insurance - The Contractor
shall also obtain at its oim expense and deliver to the
City an OX•mer's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an
amount not less than $800,000 for all claims arising
out of a single accident or occurrence and $100,000 for
any one person in a single accident or occurrence,
except for those claims governed by the provisions of
the Missouri workmen's compensation-law, Chapter 287,
RSMo. No policy will be accepted which excludes
liability for damage to underground structures or by �(
reason of blasting, explosion or collapse.
(e) Subcontracts. In case any or all of this work is
sublet, the Contractor shall require the Subcontractor
to procure and maintain all insurance required in Sub-
paragraphs (a), (b) and (c) hereof and in like amounts.
(f) Scope of Insurance and Special hazard. The insurance
required Linder 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 indirect ly�e.Vloyed by it, arr3 also against
any special hazards which :nay be encoLuitered in the
performance of this contract.
Crjm: Paragraph (f) is construed to require the
procurament of Contractor's protective insurance
(or contingent public liability and contingent
property darnage policies) by a general contractor
whose subcontractor has e ir,)1ryces -%Grki.ng on the
project, unless the general public liability and
property damage policy (or rider attach ad thereto)
of the general contractor provides adequate
protection against claims arising from operations
Aft 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 Prployed 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.
S. Liquidated Damages. The Director of Public Works may, at
his discretion; deduct $ Pr �a� from any amount
otherwise due under this contract for eev-'iry day Contractor fails
or refuses to prosecute the work, or any separable part thereof,
with such diligence as will insure the co-g3letion 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 da.•nages because
of delays in the completion 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 (S) 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 assign-mnt 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 %.,orlcran or proper r'aterial, or if
Contractor should refuse or fail to make pro:rpt palrrent 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 the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to c npletion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any casts over the aTrjunt of this contract thereby
casioned by the City. In any such case the City may ta�:e
rx.)sscssion of, and utilize in co. pleting the %..ork, such
rr-aterials, applicancos acid structures as may be on the work site
7 -1: .... . f .
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. Inde,-nnity. The Contractor agrees to defend, indemnify,
and save the City hai-mless from and against all claims, suits and
actions of every description, brought against the City and frown
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 anission 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 •worV 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 [forks and in accordance with
the rates and/or amounts stated in the bid . of Contractor
dated October 12 , 19 87 11 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 furnisher
hereunder.
12. Contract Cocur_nts_ The c_ontract 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 Sid h. Drawings and/or sketches
This contract and the other dreuTrrnts enure-rated in this
paragraph, form the Contract the parties. These documents
are as fully a part of the cr�ntract as if attached hereto or
repeated herein.
f
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
2615 Schott Rd. ,Star Rt. #2, Jeff 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 la%ss and statutes
of the State of Missouri.
16. IN TESTIMONY WHEREOF, dt parties have hereunto set
their hands and seals this _ _ day oft
19�_.
CITY OF JEFFERSON, MISSOURI
By ..
ATTEST:
CITY CLERK
CONTRACTOR
By
it le:
ATTEST:
SECRETARY
I U DA t
PF"WER THIS CERTIFICATE It=UffO AS A MATTER Of INFOAMTtON ONLY AND COWMD
NO RIGHTS UPON THE CERTIFICATE HOLDIR.THIS CARTMATA Dc=NOT AIM,El EXTEND 09 ALTER THE COVERAGE AFFORDED My THE POCK=Wall 1.
lnsurancp Arjuncy
COMPANIES AFFORDING COVERAGE
P. O. Box 8418
Prairie Vi I 11.�iue K:3 6-6 J'0 8 COMPANY
LETTER A Mans. Qav (HaLLrs ---
COMPANY
INSURED LETTER KF Ha n o v Ls 1,_
COMPANY
Willard Stockman Const� Cl:lrp. LETTER C,-A 1 i f cc, 0 Te" t ion (Harlco
CONY
Star RoIAtV 2, SC110tt FRIIEkd LETTE D
Jefferson City, No 6511?11 COMPANY w
ILETTER wo.
IM 18 TO CERTIFY THAT POLICIIES OF INSURANCE LISTED BELOW HAVE BEEN 18SUEO TO THE INSURED NAMED ABOVE FDA THE POLICY POU00 INDICATED.
N07WITHSTANOM ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RKMCT TO WHICH T"M CERTMAT11 MAY
BE MUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSMO,AND Com•
TK"OF SUCH POLICIES. I tjjTS f, ?r T�--- C;p IN -Ep, Ff'T QT pnI TrV I
co
POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS N THOUNAWS
TYPE OF INSURANCE POLICY NUMBER DATE(MWMYT) BATE(MMMW
AGOMOATE
GVdZRAL UA8ILrTV BODILY
INJURY $ $
A >( COMPMENSIVE FORM G1208 G-86 1 Z3/31i87 03/31 /B8
PREMISEMRATIONS PROPERTY
x UNDERGROI)NO IA c0vel'.Age cly'lly DAMAGE $
— EXPLOSION&COLLAPSE HAZARD
x PADOWTSMOMPLETED OPERATIONS
Ell a Po
CONTRWTUAL COMBINEb $
DWEPENDOIT CONTRACTORS 7i i
ORDAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY
Llkl
AUTOWWLE LIABILITY
KILIRY
B x ANY AUTO DA42 75*174 037,/.:31/87 0 31/31 8 8 M KIM $
ALL OWNED AUTOS(PRIV,PASS.) MY
KM
ALL OWNED ALTOS(rRrV�Ap%SN) (PER ACOOM $
HIRED AUTOS PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
81&PD
COMBINED $ 1., nod
EXCESS LIABILITY
COMB PO
UMBRELLA FORM N/A INED $ $
OTHER THAN UMBRELLA FORM
WORKERB*COMPENSATION STATUTORY
c AND WHK24 53687 03/31/87 03/31 "88 - $-- I
EMPLOYERS'LIABILITY $ -7L)r (OSWF,-POLIC YLMn
$ A EMPLOY
EE)
OTHER $50, 000 limit per
A Rented & LeaEed 02086861, 03/31/67 03/31/88 item AR ACV 100y.
Croin r-•oo T)rnrl
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
1987 Sanitary Sewer Project I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES ME CANCELLED WORK THE 2X-
I
34590 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL INDOAVOR TO
City of Jefferson City, M0 MAIL I!MAY$WRITTEN NOTICE TO THE CERTIFICATE HOLM NAMED To THg
LEFT,EFT.BUT FAILURE TO MAIL SUCH NOT=Of"WOft NO ONUGATION ON LLAMM
OF ANY KIND UPON THE COMPANY,ITS AGENTS 0#1 REPARIENTATNU.
3;--'0 E. McCarthy ALIT LZED REPRESENTATI
Jefferson City ME) 65101
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #30SB100425789BCA
AIA Document A312
Performance Road
Any singular reference to Contractor, Sunvrv, Owner or othcr party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, Missouri 65101 Overland Park, Kansas 66201
OWNER (Name and Address):
City of Jefferson
Jefferson, Missouri
CONSTRUCTION CONTRACT
Date: November 3, 1987
Amount: TWENTY FIVE THOUSAND SEVEN HUNDRED THIRTY ONE AND 65/100-------($25,731.65)
Description (Name and Location): 1987 Sanitary Sewer Project, Phase I
Jefferson, Missouri
BOND
Date (Not earlier than Construction Contract Date): November 3, 1987
Amount: TWENTY FIVE THOUSAND SEVEN HUNDRED THIRTY ONE AND 65/100-------($25,731.65)
Modifications to this Bond: 0 None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
C�omppang: (Coorate Seal) Companyy- (Corporate Seal)
illar. Stack n Construction Corp. The Ae ria Casual nd S r ty Company
Signature: Si gnat
Nanie and Title: Na e and ille: mes C. atdi.d17'- .
�Gd Attorney-in-Fact
lAny additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
The Lockton Insurance Agency other party):
P.O. Box 8481
Prairie Village, Kansas 66208
AIA DOCUMENT A313•PERFORMANCE BOND AND PAYMENT BOND-UECLMIIER I Al ED.•AIA w
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WAMIINGTON,D.C.2Ut1l1b AA312.1954 9
e
I The Contractor and the Surely, 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 delef-
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 notily the
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation g If the Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surely shall be deemed
provided in Subparagraph 3.1. to 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 Surely
under this Bond shall arise after: demanding that the Surety perform its obligations under
3.1 The Owner has notified the Contras for and the this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph Ili 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 hart,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 days after receipt of such
notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right
tion Contract. If the Owner, the Contrac.lor 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 Io 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 to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Comractor 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-
tion o(cle(ective work and completion of the Conslruc-
Contract Price to the Surety in accordance wilh the tion 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 delay
dance with the terms of the contract with the Owner, costs resulting; from the Contractor's Default, and re-
4 When the Owner has satisfied the conditions of Para- suiting; from the actions or failure to act of the Surety
under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction manse of the Contractor.
Contract; or
4.2 Undertake to perform and complete the Construe- 7 The Surety shall not be liable to the Owner or others for
Con-
tion Contract itself, through its agents or through C -h truc- obligations of the Contractor that are unrelated to the Con-
g g 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 Con- its heirs, executors, administrators or successors.
struction Contract, arrange (or 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 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 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, arning;t, I)efault or within two years after the Contractor teased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc-
curs first. If the provisions of this Paragraph are void or
.1 After investigation, determine the amounl for prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312-PERfORMANCE 00NU AND PAYMINI BOND- 1)(CLMIII.14 1984 ED. -AIA ,p�r.�.._� �
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NfW VORK AVE.. N,W.,WASHINGTON, O.C. 2wm A312.1984 2
able to sureties as a defense in the jurisdiction tit 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 the Contractor shat) (or damages to which the Contractor is entitled. re•
y duced by all valid and proper payments made to or on
be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con-
nature page. tract.
11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement behveen
statutory or other legal requirement in the Ito ation 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 (hanges thereto.
shall be deemed deleted herefrom and provi%ions con-
forming to such statutory or other legal requirt-mvrit shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that thi% whielr has neither been remedied nor waived,to per-
Bond shalt be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Comlruction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: Th��tnl,d amount neither been remedied nor waived, to pay the Con-
b the Owner to the rice: T t,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 ,uiju.tmenI% thereof.
have been made, including allowance, 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!
AM DOCUMENT A312•PERFORMANc( BOND ANI3 PAYMINT IlON0•01 (MIItR V*1 11). •AIA •
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 Nt1V YORK AVE..N.W.,WASHINGTON.D.C.1((x16 A312.1984 3
THE AMERICAN INSTITUTE 'OF ARCHITECTS
Bond ##30SB100425789BCA
AIA Docwncnl A312
Payment Bond
Any singular reference to Contractor, Sumty, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Plate of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, Missouri 65101 Overland Park, Kansas 66201
OWNER (Name and Address):
City of Jefferson
Jefferson, • Missouri
CONSTRUCTION CONTRACT
Date: November 3, 1987
Amount TWENTY FIVE THOUSAND SEVEN HUNDRED THIRTY ONE AND 65/100-----------($25,731.65)
Description,(Name and Location): 1987 Sanitary Sewer Project, Phase I
Jefferson, Missouri
BOND November 3, 1987
Date (Not earlier than Construction Contract Date):
Amount: TWENTY FIVE THOUSAND SEVEN HUNDRED THIRTY ONE AND 65/100---------($25,731.65)
Modifications to this Bond: >W None O See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cor orate Seal) Company: �( orporate Seal)
Willard St man Cost uction orp. The Aetna sualty e y company
Signature: Signal _
Name and Title: Na and Isle: Jam C. Pa-t---'eidl
Attorney-in-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY--Name, Address and Telepllone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
The Lockton Insurance Agency other party):
P.O. Box 8481
Prairie Village, Kansas 66208
AIA DOCUMENT A712•PERFORMANCE IIUND AND PAYMINI SIONe•DLCI MISER 1961 ED.•AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.2i" A312.1984 4
I The Contractor and the Surety. Jointly and severally, 6 When the Claimant has satisfied the conditions of Para-
bind themselves, their heirs, executors, administrators, graph 4, the Surely shall promptly and at the Surety's ex-
successors and assigns to the Owner to pay for labor, pence lake the following actions:
materials and equipment furnished for use In the perfor- 6,1 Send an answer to the Claimant,with a copy to lire
manse of the Construction Contract,which is ins orporated Owner,within 45 days after receipt of the claim,s(ahtrg
herein by reference. the amounts that are undisputed and the basis for chat-
2 With respect to the Owner,this obligation shall ile null longing any amounts that are disputed.
and void it 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 harmless the amount of this Bond,and the amount of this Bond shall be
Owner from all claims, demands, liens or %mis by any a redoe:d for any payments made in good faith by the Surety.
person or entity who furnished labor, materials nr 8 AtnounI%owed by the Owner to the Contractor under
equipment(or use in the performance of iliv thnstruc- the Construction Contract shall be used for the perfor-
lion Contract, provided the Owner has promptly nnii- mane a of tht'Construction Contract and to satisfy claims,if
Pied the Contractor and the Surely (at the' address de- any, under any Construction Performance Bond. By the
scriber( in Paragraph 12)of any claims. cleee;aeld%, liens ( intrattor lurnishing and the Owner accepting this(fond,
or suits and tendered defense of such clamor .demands, they agree Ihat all funds earned by the Contractor in the
liens or suits to the Contractor and the Surely, and perfortnant a 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 obligatiote•hall be null this Ifond, sttbiect to the Owner's priority to use the funds
and void if the Contractor promptly make% pavinent, di- for the completion of the work.
rectly or indirectly, for all sums due. g The Surely shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to ciiimanh under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claimant
4.1 Claimants who are employed by or have a direct under this Bond,and shall have under this Bond no obliga-
contract with the Contractor have given notice to the 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 [fond.
sent a copy,or notice thereof,to 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 Nu suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this 19ond other than in a court of competent jurisdic-
tra Owner, within 9U days after having fast lion in the location in which the work or part of the work is
y 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 mate•
and the name of the party to whom 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 whale 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 he mailed or delivered to the address shown on the sig;-
paid directly or indirectly; and nature page.Actual receipt of notice by Surely,the Owner
.3 Not having been paid withinllu-above 10day4-, 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 I'll and sent a shown on the signature page.
copy,or notice thereof, to the Owner,stating; 13 When this Bond has been furnished to comply with a
that a claim is being made under this Bond and statutory or other legal requirement in the location where
enclosing a copyof the previous written nabs a the construction was to be performed,any provision in this
furnished to the Contractor. (fond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted here(rom and provisions can-
to the Contractor or to the Surety,that is sufficient cotnpli. forming to such statutory or other le.-gal requirement shall
ante. be deemed incorporated herein. The intent is that this
W
AIA DOCUMENT A312-PERrORMANCE BOND ANt1 1'AYM(Nr 110140-DIVIhtlltR 19xA 10. -AIA a
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON,U.G. 2013011 A312.1984 5
•
.. w
Bond shall be construed as a statutory bond and not as A Construction Contract,architectural and engineering;
common law bond. services required for performance of the work of the
14 Upon request an person appearing to Contractor and the Contractor's subcontractors, and
P q Y y R Y PR K all other items for which a mechanics lien may be
potential beneficiary o this Band, 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. 15,2 Construction Contract:The agreement between
15 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 subt 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 Contract.The neither been remedied nor waived, to pay the Can•
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, heat, 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 A712 •PERFORMANCE BONU ANU 11AYMLN7 BOND•ULCEMBIR View I.D. •AIA •
THE AMERICAN INSTITUTE OF ARCHITECTS.1725 NEW YORK AVE.,N.W.,WASHINGTON,U.C.20UQt► A312-19U 6
e / THS ATNA CASUAVY AND SURETY COMPANY
Hartford,Connecticut 08115
UPStkCAStJA17'+Y
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNMAU.MENRY"MSItPRESENTS,If(ATYHIArUCA UALrYAN UMETYCOMPANY,socnwr.tl m*dyo gw4edundarthotwnofbl,e
Slaw of Conneatleut.and hndrrg Its prial"ofRatt In the City of Hartford,Cwurty of Hartford,Sate of Connecticut.hath made,eonwtulad and
appoMNed,and does by thaw pmeana make,consifute and appok t John T Lockton, III, or Thomas E. Johnston
Mission Hills, Kansas or James C. Pateidl, Michael T. Frost, Michael D. Whipps, Brian F.
Cooper or Dqborah K. Braden, Overland Park, Kansas or David M. Lockton, William 14. Frick
John F. Sullivan or Kathy M. Loftus, Kansas City, Missouri or Merlin D. Redfield, Lenexa
Kansas or Don 0. Osborne, Leawood, Kansas - -
eitXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxx;gte true tired lawful Anarneylel-in-Fact,with full power and authority hereby confuted
to sign,sueouto and esknowWdes.at any place within the United Sate,or,if the following One be Oiled In,within the area there designated
,the following in uumerMelt
by hb/hor sda signature end act,any end all bonds,moognicencee,contracts of Indamnity,and other writings obligatory in the nature of it bond,
tscogMamnoe,or conditional wtdattaking,and any and all comena Ineldom thwato
and to bind THE ATM CASUALTY AND SURETY COMPANY,thereby n fully and to the carte anent n If the came were signed by the duty
audwizedof lemof THS A TNACASUALTY ANOSURETYCOMPANY,andall the acts of aldAnamayleMn•FacL pursuantw thesuthority,hwein
glvs#4 are hereby ntSEed and conf,rmed.
Thh sppofrntment k made under and by sulha ty of the following Standing Resolutions of sold Company which Resolutions we now In full fora
and elfaes:
VOTED:ThatwodtofthefollowingoOlows:ChWmmm%VkoChaiman.President Any Execu fw VkePreddent,MySsnWVkeProaiden%Anybke
Pta1dw4ArNAesBaarttVicePreel dent,AnySantwy.AnyAsalsantSeeratary.meyfromd etodmappolntResidentViceP►atdants.Resident
AwkstaaSsaatwias,Auwnep4to-F&MxW Agattsto actfor andonbehaNaf theComponyand maYghreanysudt appoinmesuch sugiothya las
eerttEeate of wuphartfy may prooatbe to sign with site company s name and sad with the CompwnYs aei bonds,reapnitoncea,contracts of
Index nrnhy,wad aderwdtings obligatory M the netwtoof a bond.recogNtance.or co"*"undortoktn%and whr of sold offiuus or the Baud of
Directors may at any time remove any such appok aw and revoke the power end authority,given him.
VOTED:That any band,recogniunce.contrsaof indemnity,orvo dit obOgat"In the nature of a band,recogniance,oreondhiond undertaking
shelf be valid std binding upon the Company when(a)signed by tite Chairman,the Vice Chdrmat,the Pre ldent.an Execudve Vice President,a
Sardor Vice PraidmW a Via Praklsnt,an Assistant Vice President or by s Resident Vies Frealdw%pursuant to the power presarlbsd In the
comes aofauthorhyofsuchRmsldantVlaPresldart,andduiyettsasdandeosledwldrtheCompwrY's"AbyaSeustaryorAosistantSeaetuY
orhyaIlesldsul4ofantttgesrrtary.twnwsnteotRofwwwpreamlbedlndosonrtlEaaaeotauthwityorareh ReaidemAsofetamSecretary:or(b)duly
executed(under oea4 N requlrod)by are or more Anomayw4nrpwet pure am to the power praeoribod in his or their c"ficate or artif eta of
This Power of Anomoy and Certificate of Ainho ft Is signed and asafad by hicsNt"under and by authority of the following Standing Resolution'
voted by the Board of Diracton of THE ATM CASUALTY AND SURETY COMPANY which Rswktdon is now In hW fora aind affect:
VOTED,Thtat itesignatursofeacholgaMllowhcgof Seen:Chofrman.ViceChai rman,Prosident.AnyExecutivaVleePresident.IveySeniorVia
PresidentArtyVice Preeldiont.ArryAwlefamVicePrealdent.Any u%die astal of theCompasy may beafted by
fastknge to any power Of attorney or to any cordficato relating thereto sppoktdng Resident Via Prostdants.Resident Assistant Saaaeries or
Attomeys•in-Factforpurposaonly of aueeunthtg and attadng bonds and undertskingsand otherwriftsobligatay in the nature theract,and any
such power of attorney,orardAests bearing such facalmilosignawn arfaalmile sal shag bdvalldand binding upon the Company,and say such
power so executed end c"fled by such facsimile signature and facsimile teat shall be valid and binding upon the Company in the future with
nspeet to any bond or wWwtakIM to which it is attsehod. ,
IN WITNESS WHEREOF.THE AIWA CASUALTY AND SURETY COMPANY had caused this Instrument to be signed by Its Assistant
Viet President .and its corponte seal to ba hereto affixed tints 19th
ds� August 11387
w,t.,q�� TffE TY SURM. COMPANY
Sate of Conrnsctrtbrd lccrt J eph . Kiernan
County of He
as.Hartford Assistant Vice President
on this 19thday of August ,1e 87 ,before ma personally came JOSEPH P. KIERNAN
to me brown,who.being by me duly swom,did depose and way:that he/she Is Assistant Vice President of
THE AlM CASUALTY AND SURETY COMPANY,the corporation described to and which executed the above instrument:that Webs knows the
aeiof said corporation;thatthe sat affixed tothe said Instrument Issuch corporate seat;and that he/she executed the said instrument on behalf
of the eorporsdon by authority of h"ar office under the Standing Resolutions thereof,
My commIA&expires March 31,to 91
CERTIFICATE �tsrY c
George A. Perry, Jr.
1,the undersigned, Secretory of.05 ATNA CASUALTY AND SURETY COMPANY,a stock corporation of the
State of Connecdc:4 00 HEREBY CERTIFY thatthe foregoing and anached Power of Atterney and Certificate of Authority remains In full fora and
has not been revoked.and funhermore,that the StacnQM Resolution of the Board of Directors,so set forth In the Certificate of Authority,are now
M fora.
Signed and Sailed at the Home Office of the Company,in the tCt•I of Hanford,State f Icut.Dated this day of
00, 3 1987•to ! B
.�... oho W. Welch( secretary
.IS•/a71.11 IM)3•TS ^✓ fMINT1O IN U.SA