HomeMy Public PortalAboutORD13890 • BILL NO. 2005.20
SPONSORED BY COUNCILMAN Brown
ORDINANCE NO. 139V
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH&VAUGHAN
CONSTRUCTION CO., INC. FOR MISCELLANEOUS RENOVATIONS AT THE
JEFFERSON CITY POLICE DEPARTMENT.
WHEREAS, Wisch & Vaughan Construction Co., Inc. has become the apparent lowest
and best bidder on the Miscellaneous Renovations at the Jefferson City
Police Department project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Wisch &Vaughan Construction Co., Inc. Is declared to be the
lowest and best bid and is hereby accepted.
• Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement
with Wisch & Vaughan Construction Co., Inc. for Miscellaneous Renovations at Jefferson
City Police Department.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of Its passage and approval.
Passed: .lc�i•LG 2? Ap ove �'��- ��S
residing Officer Mayor
AT4 Tr: APPROVED AS TO FORM:
A k City Counselor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2220 - Miscellaneous Renovations,Jefferson City Police Department
Opened on May 3, 2005
BIDS RECEIVED:
Wisch & Vaughan Construction Co., Inc., Jefferson City, MO $ 110,500.00
United HRB General Contractors,Jefferson City, MO $ 122,700.00
Prost builders, Inc., Jefferson City, MO $ 135,500.00
McAfee Construction, Columbia, MO $ 136,400.00
Specifications were sent to 16 additional bidders with no response
FISCAL NOTE:
3502-9900-7350-2005 - Public Safety 9-1-1 Improvements, Police Department
2004-2005 Budget $ 326,723.00
Expended $ 30,844.00
• Encumbered $ 3,261.00
Bid 2220 $ 110.500.00
Balance $ 182,118.00
PAST PERFORMANCE:
The City has awarded contracts to this vendor in the past and has rated the firm
satisfactory. Staff believes that Wisch and Vaughan Construction, Inc will complete the project
as specified and bid.
RECOMMENDATION:
Staff recommends the award of the bid to the lowest responsible bidder meeting the
specifications, Wisch and Vaughan Construction , Inc., of Jefferson City, Missouri in the amount
of$110,500.00.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Tabulation of Bids, Departmental Recommendation
• Signatur ' y,6/U d 1 111 t
Purchasing Ag t Chie of Police
John Landwehr
* City of Jefferson _ _ Mayor
To: Mayor Landwehr
Councilman Ferguson Councilman Harvey
Councilman Schnitzler Councilman Vogel
Councilman Crane Councilman Pope
Councilman Brown Councilman Layton
Councilman Berry Councilman Martin
From: Roger Schroeder
Chief of Police
• Date: May 27, 2005
Re: Bid No. 2220- Miscellaneous Renovations Jefferson City Police Department
Specifications for Miscellaneous Renovations for the Jefferson City Police Department were
prepared by Terry Hanselman of Ross&Baruzzini. Sealed bids were solicited and have been
tabulated and evaluated by the architectural firm. Staff, in conjunction with Ross&Barunzzini,
recommends award of the bid to the lowest responsible bidder, Wisch and Vaughan Construction of
Jefferson City, Missouri in the amount of $110,500.00.
Funds in the amount of $110,500.00 are available in account 3502-9900-7350-2005.
•
Sent By: ROSS 8 BARUZZINI; 314 918 1788 ; May-9-05 5:12PM; Page 4/4
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WISCH AND VAUGHAN CONSTRUCTION CO.
P.O.BOX 104388
JEFFERSON CITY.MISSOURI 68110-4300
TELEPHONM(573)893.4660 ,
May 27,2005
City of Jefferson; Finance Department
320 E. McCarty Street
Jefferson City,MO 65101
Attn.: Terry Stephenson, CPPB
Ref.: Retain Proposal Price
Bid No. #2220
Miscellaneous Renovations,Jefferson City Police Department
Dear Terry Stephenson:
We shall retain our proposal amount, for the 60 days requested in the original Bid
Proposal, from the day of actual bid.
Sincerely
dvz
Mike Crocker
Construction Administrator
154V
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this 2J day of June 2005, by and between Winch and Vaughan
Construction Company, hereinafter referred to as"Contractor,"and the City of Jefferson,Missouri,a municipal
corporation of the state of Missouri, hereinafter referred to as"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: Miscellaneous
Renovations at the Jefferson City Police Department, 401 Monroe Street, Jefferson City, Missouri,
65101.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services,
Contractor agrees to provide all labor,equipment, hardware and supplies to perform the work included
in the project entitled Miscellaneous Renovations•Jefferson City Police Department in accordance with
the plans and specifications on rile with the Purchasing Department.
2, Manner and Time for Completion.
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 ninety(90) calendar days
from the date Contractor is ordered to proceed, which order shall be issued by the Chief of Police of the
Jefferson City Police Department within ten(10)days after the date of this contract.
3. Prevelline Waues.
To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay
a wage of no less than the"prevailing hourly rate of wages" for work of a similar character in this locality,as
established by 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 orAnnual Wage Order No.11, Section 026,Cole County rates as set
forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and
occupations of all workmen employed in connection with the work to be performed under the lemns 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 Purchasing Agent
of the Jefferson City Finance Department 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 f'or any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
4. Insurance.
• Contractor shall procure and maintain at its own expense during the life of this contract:
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A. Workmen's Compensation Insurance for alI of its employees to be engaged in work under this
• contract.
B. Contractor's Public Liability Insurance in all amount not less than$2,000,000 for all claims
arising out of a single occurrence and $300,000 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$2,000,000 for all claims arising out of a single accident or occurrence
and$300,000 for any one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising
out of a single accident or occurrence and $300,000 I'or 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 and
the City as the insured, in an amount not less than$2,000,000 for all claims arising out of a
single accident or occurrence and $300,000 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 Subparagraphs(A),(B),and
• (C) hereof and in like amounts.
F. scope oflnsuranceand Special I lazard. 'file insurance required under Sub-paragraphs(B)and
(C) hereof shall provide adequate protection for 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 therein)of the general contractor provides adequate protection against claims arising
from operations by anyone directly or indirectly employed by Contractor.
5. Contractor's Responsibility for Subcontractors.
It is further agreed (lint 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 ill 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 file City may exercise over Contractor under any provisions of this contract.
• Nothing contained in this contract shall create anycontractual relations between any subcontractor and lheCity
or between any subcontractors.
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6. Liquidated Damages,
• The City may deduct Five Hundred Dollars($500.00) 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 ensure the completion by the time above specified,or any extension thereof, or fails to complete the
work by such titre, 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 completion of
the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on
Contractor's part or the part of its agents.
7. Termination.
The City reserves the right to terminate this contract by giving at least five(5)days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should 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 tail 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 perfonn any provisions of the contract.
8. City's RhAt to Proceed.
In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and
prosecute the some 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,appliances and structures as
maybe on the work site and are necessary forcomplctionofthework. The foregoing provisions arc 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.
9. Indemnity.
To the fullest extent permitted by law,the Contractor will indemnify and hold harmless the City, its elected
and appointed officials, employees, and agents from and against any and all claims, damages, losses, and
expenses including attorneys'fees arising out of or resulting from the performance of the work,provided that
any such claim,damage, loss or expense(1)is attributable to bodily injury, sickness, disease, or death, or to
injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting
therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any
subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this Paragraph.
10. Payment for Labor and Materials.
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 ensure the
payment of all materials and labor used in the performance of this contract.
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. 3 -
11; 5ppplics.
The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of
• goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall
keep and maintain records and invoices of all such purchases which shall be submitted to the City.
12 a ment.
The City hereby agrees to pay 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 Chief of Police of the
Jefferson City Police Department, and in accordance with the rates and/or amounts stated in the bid of
Contractor dated May 3,2005,which are by reference made a pan hereof. No partial payment to Contractor
shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of
this contract shall not exceed One Hundred Ten Thousand five hundred Dollars(SI 10,500.00).
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten(10) days after
the execution of this contract,guaranteeing the Contractor's performance of the work bid for,the payment of
amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers
compensation insurance and all other insurance called forunder this contract,and the payment ofthe prevailing
wage rate to all workmen as required by this contract, said bond to be in a form approved by the City,and to
be given by such company or companies as cony be acceptable to the City in its sole and absolute discretion.
The amount of the bond shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
• Contractor hereby warrants that it has examined the location of the proposed work and file attached
specifications and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforecabilily shall not affect the legality, validity, or
enforceability of the contract as a whole,or of any section,subsection,sentence,clause,ornttachment not so
adjudged.
16. Governine Law.
The contract shall be governed by the laws of the State of Missouri.The courts of the State of Missouri shall
have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and
hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this
contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f.. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
• d. Notice to Bidders 1. Drawing and/or Sketches
c, Signed Copy of Bid
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This contract and the other documents enumerated in this paragraph, form the Contract between the parties.
These documents arc as fully a part of the contract as if attached hereto or repeated herein.
• 18. Complete Understanding,Merger.
Parties agree that this document including those documents described in the section entitled "Contract
Documents"represent the full and complete understanding of the panics. This contact includes only those
goods and services specifically set out. This contract supersedes all prior contracts and understandings
between the Contractor and the City.
19. Authorship and Enforcement
Parties agree that tite production of this document was the joint effort of both parties and that the contract
should not be construed as having been dratted by either party. In the event that either party shall seek to
enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to
receive, in addition to any other relief, its reasonable attorneys fees,expenses and costs.
20. Amendments.
This contract may not be modified,changed or altered by any oral promise or statement by whomsoever made;
nor shall any modification of it be binding upon the City until such written modification shall have been
approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be
responsible for paying for changes or modifications that were not properly authorized.
21. Waiver of Breech .
• Failure to Exercise Rights and Waiver:Failure to insist upon strict compliance with any of the terms covenants
or conditions herein shall not be deemed a waiver of any such lemrs, covenants or conditions, nor shall any
failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under
the terms,covenants or conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terns of this agreement without the
express consent of the remaining party.
23. Nondiscrimination.
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.
24. Notices,
All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Police
Department, 320 East McCarty,Jefferson City,Missouri,65101,and Contractorat 11.0,box 104388,Jefferson
City, MO 65110. The date of delivery of any notice shall be the second full day alter the day of its mailing.
•
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• I 1 ,
IN WITNESS WHEREOF,the parties hereto have set their hands and seals this day of June,2005.
• CITY OF JEFFERSON WISCII AND VAUGHAN CONSTRUCTION COMPANY
Mayor itl . PR[{'S�i d d-w f
A ST: ATTEST:
Ciry ClcrV Title: QFFj,:.-
APPROVED AS TO FORM:
City Counselor
•
11.45n11M1 71nNMMWnlnnrhirwshmnmeMnV'11.wk nnrnNhnn1A 'V'
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond#674006870
AIA Document A312
Payment Bond
Any singular reference to Contractor,Surety.Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Wisch &Vaughan Construction Co Liberty Mutual Insurance Company
P O Box 104388 Boston, Massachusetts
Jefferson CIty,MO 65110
OWNER (Name and Address):
City of Jefferson, Missouri
320 East McCarty Street
• Jefferson City, MO 651011
CONSTRUCTION COJ a Z3, 2005
Date:
Amount: $110,500.00
Description (Name and Location): Renovations to the Jefferson City Police Department
401 Monroe Street, Jefferson City, Missouri 65101
BOND June 23 2005
Date (Not earlier than Construction Contract Date):
Amount: $110,500.00
Modifications to this Bond: None 0 See Page 6
CONTRACTOR AS PRINCIPAL SURETY
W15pcN han Constructiohoff8orate, Seal) CtLrWARV Mutual Insurance COCOR?rate Seal)
Signatu Signature:
Name and : :7j),vt�s �, Wis'tN, PRr'fa/evT Name and Title: Wilma KdWer, Attorney-In-Fact
(Any a it al signatures appear on page 6)
(FOR 1 FORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Naught-Naught Agency other party):
3928 S Providence Road
Columbia, MO 65203
• "DOCUMENT A311•PERTORAIANCE BOND AND PAYMENT BOND•DECEMBER 1961 ED,1 AIA a
THE AMERICAN INSTITUTE Or ARCHITECTS,1155 NEW YORK AVE.,N.W.,WASHINGTON.D.C.70006 A312.1984 4
THIRD PRINTING•MARCH 1987
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
• materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incarpo• the Owner, within 45 days after receipt of the claim,
rated herein by reference, stating the amounts that are undisputed and the basis
2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed,
null 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, Indemnifles and holds harmless the amount of this Bond,and the amount of this Bond shall be
Owner from claims, demands, (lens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use In the performance of the Construction the Construction Contract shall be used for the perfor•
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond,subject to the Owner's prior-
3 With respect to Claimants, this obligation shall be iry to use the funds for the completion of the work.
null and void if the Contractor Promptly makes pay-
ment, directly 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 or others for obligations of the Contractor that are unrelat-
under this Bond until: ed to the Construction Contract.The Owner shall not be
liable for payment of any costs or expenses of any Claim-
4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli-
contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or
Surety(at the address described In Paragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy, or notice thereof, to the Owner, stating
• that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim, including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy,or notice thereof, to under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location In which the work or part of the
performed labor or last furnished materials or work is located or after the expiration of one year from the
equipment included In the claim stating,with date(1)on which the Claimant save the notice required by
substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last
and the name of the parry to whom the labor or service was performed by anyone or the last mate-
materials were furnished or supplied or for rialsor equipment were furnished by anyone under the Con-
whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs.If the
.2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law,
I the minimum period of limitation available to sureties as a
In part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor
claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days,have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph12)and address shown on the signature page.
sent a copy,or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor, the construction was to be performed,any provision In this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 Is given by the shall be deemed deleted herefrom and provisions con.
Owner to the Contractor or to the Surety, that Is suffl• forming to such statutory or other legal requirement shall
clent compliance. be deemed incorporated herein. The intent is that this
• AIA DOCUMENT AS12•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED.•AIAO
THE AMERICAN INSTITUTE OF ARCHITFCTS,1725 NEW YORK AVE,N W.,WASHINGTON,D.C.20006 A3124984 5
THIRD PRINTINC•MARCH 1967
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
• p Uponrequeciary o this B nd, thtyapperactorobea all other Items for which a mechanic's lien may be
potential beneficiary off this Bond, the CContractor 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 DEFINITIONS 15.2 Construction Contract:The agreement between
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 subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.2 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 limita• tractor as required by the Construction Contract or to
lion In the terms"labor,materials orequlpment'that perform and complete or complywith the otherterms
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 A212•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1961 ED.•AIA 6
'THE AMERICAN INSTITUTE OF ARCHITECTS,1775 NEW YORK AVE.,N.W.,WASHINGTON,D.C.2M A312•1901 6
THIRD PRIN71NC•MARCH 1957
THE AMERICAN INSTITUTE OF ARCHITECTS
I
t,
Bond!#674006870
AIA Document A372
Performance Bond
Any singular reference to Corntraclor, Surely,Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Wisch &Vaughan Construction Co Liberty Mutual Insurance Company
P O Box 104388 Boston
Jefferson City, MO 65110 Massachusetts
OWNER (Name and Address):
City of Jefferson, Missouri
320 East McCarty Street
Jefferson City, MO 65101
• CONSTRUCTION CONTRACT
Date: June 23, 2005
Amount: $110,500.00
Description (Name and Location): Renovations to the Jefferson City Police Department
401 Monroe Street, Jefferson City, Missouri 65101
BOND
Date (Not earlier than Construction Contract Date): June 23, 2005
Amount: $110,500.00
Modl(icatlons•to this Bond: ®None 0 See Page 3.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sea)) Company: (Corporate Seal)
Wisch & gh Construction Co. Liberty Mutual Insurance Company
Signatt re: Signature: °
Name an e: Mrs 3, 1s Nr Pqa e(a Wr Name and Title: Wilma J Krefser
Attorney-In-Fact
lAny a ditional ignatures appear on page 3)
(FOR / RMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Naught-Naught Agency other party):
3928 S Providence Road
Columbia, MO 65203
AtA DOCUMENT A311•PCRFORMANCC OOND AND PAYMFNi BOND•OCCCMDFR 1981 to.•AIA a )
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NFW YORK AVE.,N.W.,WASHINGTON,D.C.2M A312.1954 I
• THIRD PRINTING•MARCH 1987 i
• 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
ofthe Construction Contract,whichlsincorporatedherein Owner; or
by reference, 2 Deny liability in whole or In part and nutify the
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation IltheSuretydoesnotproceedasprovidedinParagraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety 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 Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
this Bond,and the Owner shall he entitled to enforce any
3.1 The Owner has notified the Conlraclor 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 Surety 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 Contractor and the to complete the Construction Contract, and if the Surely
Surety agreq,the Contractor shall be alloweda reason• elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able-time to perform the.Construction.Contract,.but. then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the
any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right 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 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
0.1 The responsibilities of the Contractor for correc•
3.3 The Owner has agreed to pay the Balance of the don of defective work and completion of the Construe
Contract Price to the Surety in accordance with the lion Contract;
terms. of,the Construction Contract or to a contractor
selected to perform the Construction Contractinaccor• 6-:2 Ailaff8iiaf Ieg4l', d'esi`gn pfofe§storial'irid delay
dance with the terms of the contract with the Owner. costs resulting from.the Contractor's Default, and re-
4 When the Owner has satisfied the conditions of Para• sulting from the actions or failure to act of the Surety
under Paragraph 4; and
graph 3, the Surely shall promptly and at the Surety's ex-
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
4.1 Arrange for the Contractor, with consent of the are specified In the Construction Contract,actual dam-
g ages caused by delayed performance or non•perfor•
Contract; or
Owner, to perform and complete the Construction mance of the Contractor.
4.2 Undertake to perform and complete the Construe 7 The Surety shall not be liable to the Owner or others for
F P obligations of the Contractor that are unrelated to the Con-
lion Contract itself,through its agents or through Inde• struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off 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 for a contract to be pre. B 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 Owner's concurrence,to be secured
with performance and payment bonds executed by a related subcontracts, purchase orders and other obliga•
'
qualified surety equivalent to the bonds issued on the lions.
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 Contractbr's default; or and shall be instituted within two years after Contractor
4.4 Walve its right to perform and complete,arrange Default 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 amount for prohibited by law, the minimum period of limitation avail,
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 7994 ED. •AIA S
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORI:AVE..N.w..v1ASHINCTON.D.C.2o3B9 A312.1984 2
THIRD PRINTING• MARCH 1957
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 Contractor shall for damages to which the Contractor is entitled, re-
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.
it When this Bond has been furnished to comply with a 112 Construction Contract:The a greementbetween
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig.
the construction was to be performed,anyprovision in this nature page, Including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12,3 Contractor Default: Failure of the Contractor,
be deemed Incorporated herein. The intent is that this which 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 hnnd. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor valved;to pay the Con.
able la the Owner to the Contractor under the tractor as required by the Construction Contract or to
Ca onstructi on Contract after all ro er ad ustments Perform and complete or comply with the other terms
have been made, including allowance tojthe Con- thereof.
I '
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties;other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
•
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1961 ED. •AIA •6
THE MIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE..N.w..WASHINGTON. D.C. 20D05 A312.1984 3
THIRD PRINTING•MARCH 1987
' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1 597626
This Power of Attorney limits the acts of those named heroin,and they have no authority to bind the Company except In the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
NOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock Insurance
company,pursuant to and by authority of the By-low and Authorization hereinafter sot forth,does hereby name,constitute and appoint
THOMAS S.NAUGHT, RICHARD L• NAUGHT,HARRY D.NAUGHT,TERESA M.STEPHENSON,TIMOTHY P•EASTIN,
WILMA J. KEISER,ALL OF THE CITY OF COLUMBIA,STATE OF MISSOURI.....................................................................
...............................................................................................................................................................................................
,each individually if there be more than one named,Its true and lawful attorney-In-fact to make,execute,seal,acknowledge and deliver,for and on its
behalf as surety and as Its act and dead,enY end all undedekings,bonds,rocognizances and other surety obitBattens In the penal sum not exceeding
TWENTY-FIVE MILLION AND 001100•• •'•••••"'••••••• DOLLARS($ 25,000,000.00•'•" )each,and the
execution of such undertakings, bonds, rocognizances and other surety obligations, In pursuance of these presents, shall be as binding upon the
Company as if they had boon duly signed by the president and attested by the secretary of the Company In their own proper parsons.
That this power is made and executed pursuant to and by authority of the following Bylaw and Authorization;
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the r
chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act In behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, rocognizances and other surety obligations. Such
•m ettomoys•In•fact,subject to the limitations sot forth In their respective powers of attorney,shall have full power to bind the Company by their
p signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be
y¢ as binding as If signed by the president and attested by the secretary. •y
w By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: All
c Pursuant to Arifcfe XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby
it authorized to appoint such attorneys-in-fact as may be necessary to act In behalf of the Company to make,execute,seal,acknowledge and C
p deliver as surety any and all undertakings,bonds,tecognlzances and other surety obligations. 0
u That the Bylaw and the Authorization sat forth above ors true copies thereof and are now In full force and effect. W
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or olliclal of the Company and the corporate seal of I o.
flibeggMutualInsu nce Company has been affixed thereto In Plymouth Meeting,Pennsylvania this 121h day of August a
`o'I*
j LIBERTY MUTUAL INSURANCE COMPANY W
re
Garnet W.Elliott, cis l Secretary y
COMMONWEALTH OF PENNSYLVANIA as o
COUNTY OF MONTGOMERY
V1� On this 121h day of August 2&a,before me,a Notary Public,personally come Garnet W. Elliott,to me known,and acknowledged
O•— that Ire Is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
E ei Power of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of Bald corporation.
"- IN TESTIMONY WH HSfF P Avo,l
first above writlen. V,oNwE
ui unto subscribed my name and affixed my notarial coal at Plymouth Meeting,Pennsylvania,on the day and year
c Q• !f
O p OF r, .,,,���t.�,.tr,•yrie•;co,ut C
'ZO ,AVCu^•n,r.�•.ry.v,l;nr :d.rrPLr By Q
�P 1.'rtf'i4^cs�rani,io:$� ci'Laroa Ter sa Pastalla,Notary Public 0 r
CERTIFICATE �Iry PUgb�G f'
I,the undersigned,Assistan ocretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing
Is a full,true and correct copy,Is In full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the
said power of attorney Is sn Assistant Secretary specially authorized by the chairman or the president to appoint attornoys•in•fact as provided In Article
XIII,Section 5 of the Bylaws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and hold on the 12th day of March, 1880.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, whatever appearing upon a
certified copy of any power of attorney Issued by the company in connection with surety bonds,shall be valid and binding upon the company
with the same force and effect as though manually affixed.
WHEREOF-,I bavrt.korounto subscribed my name and of/fixed the corporate seal of the said company,this a 3 _day of
Dnvi M.Carey,AssWnt Secretary
• Liberty Mutual Surety Bond Number 674006870
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties,
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LIfflC-6539 11/15/04