HomeMy Public PortalAboutORD10846 BILL NO. 87-30
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. S' C16
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON
ASPHALT COMPANY, INC. , FOR THE 1987 ASPHALT OVERLAY PROGRAM.
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 Jefferson Asphalt Company,
Inc. , for the 1987 Asphalt Overlay Program for a sum not to
exceed $310,330.34.
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 /S7 / �7 Approved �6�/F P
Preside fficer Mayor
ATTEST:
City Clerk
CONSTI=TJON COWRACr
THIS C0NTRACr, made and entered into this _(� -6-6 day of
19_x') by and between Jefferscm Asphalt
ConC --� hereinafter called
. ny1_4 Ilic _�
"Contractor", and the City of Jefferson, Missouri, a municipal.
corporation, hereinafter_ celled "City.'
WITWSSE;'lli: That t•Jhereas, the Contractor has become the
1rti•;.�:;t responsible bidder for furnishing the supervision, labor,
trx)ls, equip:ront, Trv,terials and supplies and for constructing the
folloa;ing City .ijiprove;r►�nts: 1987 Asplialt Overlay Program _
NICF.4, THE;REE�ORE, the parties to this contract agree to the
fol lo•.a.i.ng:
1. Manner aJld tilTle for etion. The Contractor agrees
with the City to furnish' all supervision, labor, tools,
equip.-mant, materials and supplies necessary to perform, and to
perform, said v.,ork at Contractor's oom eaT.ense in accordance with
the contract dr_,cirrrents and any applicable City ordinances and
suite and federal la:•:s; within- sixty-(§O) (calendar, x%\:Ac�:Oorl
clays fran the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public t•Torks within ten �10)
- days after the date of this contract.
2. Prevailing IvIages. All, labor utilized in the construction
of the . aforementioned irTVrovements 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 F7rploynent Standards
of the Deparlrrent 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 Detei.;nination No.
7-026-103 ;::�)�qx5l.c.Lyr'Y,r;K z.v.{xxxxxxxxxxxxxxxxxxxXXXXX)c,
in which the rate of wages as set forth. Ilse Contractor further
agrees that Contractor will. keep an accurate record showing the
na-rr_s ' and occupations of all wor:kri-nn employed in . connee --
PIon with , the work to be perfoi.-rrKA under the tea ins of this
contract. The record shall show the actual wages paid to the
work,-,.en in connection with the work to t:e per.fot r_-d under the
t:er.-rns of this contract. A copy of the record shall lxe delivered
to the Director of Public t•:orks each week. 7n accordance with
Sc:ct:i.on•••7.90.7.50 R f4o, ConLr..-actor shall forfeit to the City Ten
rool.la:rs (.$10.00) for each worlary=n rarployed, for each calendar day •
or portion thereof that the worrJnan is paid less than the
stipulatr::d rates for 4T,y %.-or.k done unJer this contract, by the
Cont.ract.or: or any T.indrsr the Contractor.
AML
Ip t
3. Crn•,i_r.,raor ::Ira)1 pr:fr•U,.•C and rr,3i.ntain at its
o-.-:n r,•rlx-n v— duJ:ing the I i fe of t. AS contract:
(a) Workmen's Cmpensation Insurance for al.: of its
c:ig)loyces to be engaged in work k under this contract.
(b) Contractor's Public_ Liability Insurance in an VTaunt
not_ less than $800,000 for all claims arising out of a
s i.ngle occurrence and $100,000 for any one Ix--rson in a
single accident or occurrence, except for those claims
governed by the provisions of the Missouri workjrY:m's
carrjx:�nsaLion law, Chapter 287, RS1•io., and Contractor's
Propc!rt.y n,aiviye Tnsurance in an a.Tount not less than
$300,000 for X311 cmims arising out of a single
aC.r_i0ent or occur:rency,_ and $100,000 for any one person
in a single accident or occurrence.
(c) Auto:Tobi_le Liabi_liLy Insurance irk 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) O�;ner's Protective Liability Insurance - The Contractor
shall also obtain at As oan expense and deliver to the
City an Oaner's Protective Liabili.ty Insurance Policy
naming the City of Jefferson as the insured, in an
a.mount 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 workrrr_n's corpensat•ion l.aw, • Chapter 287,
P.S146. 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 of 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 a.Trounts.
(f) Scce of lnsuranc�e_zu?4_fpe ci.al Iia_zard. `17le insurance
required under Sub-paragraphs (b) and (c) hereof shall
provide adorlu,3te protection for the Contractor and its
sulx_ontractors, r:esr.,rct ively, against da-nrge claims
r;h1ch rrti_iy arise from operations under this contract,
%,.het:her such operations be by the insured or by anyone
directly or indirectly euployed by it, and also against
any special hazards which may 1Y,_ encountered in the
parfornonce of this contract.
I'.OWS: Paragraph (f) is construr d to requir:e the
procurccrr~nt of Contractor's protective insurance
(or contingent publi-c liability and contingent
prof.^r.Ly do rrage rolicies) by a general contractor
whose sub :)nt:ractar has e.qployecs ti;orking on the
progr•'ct, unle:;s the general public liability a:rd
pr:aj;-r.1.y policy (or: rider ,at:tacl;�_'d the et:o)
of the general contractor provides adequate
protection against claims arising frcim operations
by anyone directly or indirectly eriployed by the
Contractor.
4. Contractor's Responsibili for Subcontractors. It is
further agreed ghat Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly eaployed by them, as
Contractor is for the acts and missions of rx:,rsons it directly
enp.loys. Cont.ractc:rr shall cause appropriate provisions to be
insert-(,-d in all subcontracts relating to this ..;ork, 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 seine paver regarding t-ei7mination of any
subcontract as the City riviy exercise overrContractor under any
provisions of this contract. t•:othing contained in this contract
shall cre,-rt.e any contractual relations between any subcontractor
and the City or b:ti::er n any subcontractor.s.
5. 1-.ic31iidated Dam-iges. 'rhe Director of Public Works may, at
his discretion,: deduct lOt).�O Vqr d 3y . from any amaunt
otlwn.wi.se 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 pros-ced. It is further provided that
Contractor shall not lx: charged with liquidated dam-ages because
of delays in the co►rplet-ion 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 rerrodies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should mane a general assigarent for
the benefit of its crcAi.tors, 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 prof i-rly !-,killed 4:orkrr-n or pr:ope-r material, or if
Contractor should refuse or fail to crake prompt pal-,Dent to any
person supplying labor or materials for t:}x, work under tl-A--
contract, or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City's Ri;:ht to Procer-A. In the event this contract is
Lenninated pursuant to Paragraph 6, then the City may take over
Lhe ;:or:k and prosecute the sa.-rrr to ca:cpleti.on, by contract or
ot:hr•r.-1)c and Contractor atyl its sureties shall be liable to the
Ask C.i.Ly for any costs over I.he a:rount of this contract thereby
o-cas.5onr.d by th;2 City. 7n r.::,y sur_ll r_;,ae the City ;.vey tave
possr.•r;si.on of, and utilize in cturpl.et:ing the work, such
m:ct:erials, i:ppl ici noes and :-Lrur.ture•s as rr%.y be on the work site
and are necessary for carpletion of the work. 'Me foregoing
provisions are in addition to, and not in limitation of, the ,
rights of the City wider any other provisions of the contract,
city ordinances, and state and federal laws.
8. Guards and T.iyht:s. The Contractor agrees to defend,
indr:;rulify, _and save the City haunless Fran and against all
cla3ms, suits and actions of every description, brought against
the City and frcan all damage and costs by reason or on account of
any injuries or 6.�.-ages received or sustained by any person or
persons, or their property, by Contractor, As servants, agents
or suix--ontr:;cLors, or arising out of the a:.,ard, of this contract
to ConLractor.
9. Tnd!c uai 'Ifie Contractor agrees to defend, indrimii.fy,
and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from
all dana9e 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 t-he perfor:w3ixe of the sa-m_, or on account of any
act or emission of Contractor, its servants, agents, or ,
subcontractors, . or arising out of the a%-.,ard of this contract to r
Contractor. 1
10. Pa 1 n for Labor and Materials. The Contractor agrees l
and binds;itself to pay for al' labor done, and for all the
materials used in the construction of the work to be co. gil.eted
t1 : 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. Pint. 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 Docmpants upon acceptance of
said work by the Dissector of Public forks and in accordance with
the rates and/or airounts staged in the ' bid . of Contractor
dated ' May 26 , 19 87 ^, which are by reference made a
part hereof. 110 partial. payarnt to tl-►e Contractor shall operate
as - approval or acceptance of work done or materials furnished
hereunder.
12. Contract D curr_nts. The contract docusn_nts shall consist
of the foolio-Wing: !r
a. '11iis Contract e. C--neral Conditions
1). -Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. S.ignr_-d Copy of Bid h. Drawings and/or sketches
Ibis contract and the other docu:r,:•nts emm---ratr.-4 4 in this
L)ar,<agr.aph, form the ConLr�.ct IYA%-:cen the pa-rt:ies. '11)cse docuTf--nts
,a,.'a as roily a pant of Lhe cr Lract as if attached hereto or
relx:��lar� hf.rei.n.
13. Nondiscrimination. `rho Contractor agrees in the
performance of this contract not to discriminate on the ground or
because of rare, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any employee of Contractor or applicant for e;Tloyw�nt
and shall include a similar provision in all subcontracts let or
a::arded hereunder.
14. Notices. All notices required to be in writing may be
given by fixst cfass mail address to the City of Jefferson, 320
E. 14 Carty, Jefferson City, Missouri 65101, and Contractor at
2207 Idlewodd Road, Jefferson_City, LO 65101 The date of
delivery of any notice shall 1-e the second full day after the day
of its trailing.
15. -Jurisdiction. This agree.ir--nt and�eveLy quostion arising
hereunder shall be interpreted according to the la:.,s and statutes
of the State of Missouri.
16. IN TEST IOD14Y 1,11W.RBOF, the parties M hereunto set
their hands and seals this �� day of
19 �5'7 —
CITY OF JEFFERSON, MISSOUR11
By c
ATTEST:
_ � 1
CITY CLERIC
CO,N?FRACTOR
A PEZT:
Ae
SIf'I'tH''TAI
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
OF
SAFECO HOME OFF CIE:SAFECO PLAZA
SEATTLE,WASHINGTON 98185
r
Bond No. 5400954
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No.A-311 February, 1970 Edition
KNOW ALL BY THESE PRESENTS,That we, JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207
(Here insert the name and address or legal title of Contractor)
Idlewood Road, Jefferson City MO 65101
as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora-
lion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
CITY OF JEFFERSON, MISSOURI
(Here insert the name and address or legal title of Owner)
as Obligee,hereinafter called Owner,in the amount of THREE HUNDRED TEN THOUSAND THREE HUNDRED,', . .
THIRTY AND 34/100-----------------------------------------Dollars($ 310,330.34------
_ ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns jointly and severally,firmly by these presents.
WHEREAS, Contractor has by written agreement dated , 19_^entered into a Contract
with Owner for 1987 Asphalt Overlay Program
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
(continued on reverse side)
Whenever Contractor shall be, and declared by Ownei to be in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy the default,or shall promptly
1. Complete the Contract in accordance with its terms and conditions,or
2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by
Owner and the Surety jointly of ilia lowest responsible bidder,arrange for a contract between such bidder and Owner,
and make available as Work progresses(even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less
tl►e balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used
in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amend-
ments thereto,less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment
under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs,executors,administrators or successors of Owner.
Signed and sealed this J Z day of
JEFFERSON ASPHALT COMPANY., INC.(Seal)
rincipal
(Witness)
By
Title
SAFECO INSUR NCE COMPANY OF A,V/1ERICA
(Witness)
CL _ 2c�sx'(✓��
By
Sy mer, ' Attorney-in- art
SAFECO INSURANCE COMPANIES
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA.SEATTLE,WASHINGTON 98185
Bond No, 5400954
�
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. document No. A-311 February, 1970 Edition
Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditiongd•for the full and',.'-
faithful performance of the Contract. %
KNOW ALL NfEN BY THESE PRESENTS, That we,
JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207 Idlewood Road, Jefferson City MO
65101 (Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
CITY OF JEFFERSON, MISSOURI
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of
THREE HUNDRED TEN THOUSAND THREE HUNDRED THIRTY AND 34/100-- 310,330.34----
,
(Here insert a sum equal to at least one-half of the contract price) Dollars($
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally,firmly by these presents.
WHEREAS,Principal has by written agreement dated 19 entered into a contract with Owner for
1987 Asphalt Overlay Program
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF T111S OBLIGATION IS SUCH, That if the Principal shall promptly make
payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,
Ash however, to the following conditions:
I. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract,labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract,
____a_,_,__-„_,_(continued on reverse side)
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the
last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant,may sue on
this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due
Claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such
suit.
3. No suit or action shall be commenced hereunder by any Claimant,
a.) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any
two of the following; The Principal, the Owner, or the Surety above named,within ninety(90)days after such Claimant
did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating
with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is
regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the
state in which the aforesaid project is located,save that such service need not be made by a public officer.
b)After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the
Project,or any part thereof,is situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve-
ment, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and'sealed this z -'A— 71 ---- day of 19
�) JEFFERSON ASPHALT W,PANY, INC(6eal)
Principal
Witness B.y.
Title
SAFECO INSURANCE COMPANY'OF AMERICA
Witness
By rLL C. Gz2ca� �
r r , Attorney-in-Fact-
POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE:SAFECO PLAZA
A� C'.® SEATTLE,WASHINGTON 99185
No. 5467
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation,does each hereby appoint
--KEVIN J. McGREEVY, Kansas City, Missouri; JEROME J. REARDON, Kansas City, Missouri;
MICHAEL T. KELLY, Kansas City, Missouri; ERIC VAN BUSKIRK, Kansas City, Missouri;
PATSY J. LORIMER, Kansas City, Missouri; LaVONNE RINKE, Kansas City, Missouri--------
its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 20th day of February 19_87
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business. ..On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY Or AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V.Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the
BV-Laws, the Resolution and the Power of Attorney are still in full force and effect.
r
IN WITNE+SaIb9111EREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
'�• „7; this— _day of
i
i
8:+7duti+.l nu PRINTED INUS.A.
MORIN
n_ r
SAFECO INSURANCE COMPANY pF AMEF)ICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
SAFECO HOME OFFICE:SAFECO PLAZA
SEATTLE,WASHINGTON 08186
Bond No. 5400954
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No.A-311 February, 1970 Edition
KNOW ALL BY THESE PRESENTS,That we, JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207
(Here insert the name and address or legal title of Contractor)
Idlewood Road, Jefferson City MO 65101
as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
CITY OF JEFFERSON, MISSOURI
(Here insert the name and address or legal title of Owner)
as Obligee,hereinafter called Owner,in the amount of THREE HUNDRED TEN THOUSAND THREE HUNDRED
330.34------
THIRTY AND 34/100-----------------
------------------------Dollars($_310' ),
for the payment whereof Contractor and Surety bind themselves, their heirs,executors, administrators, successors and
assigns jointly and severally,firmly by these presents.
WHERF,AS, Contractor has by written agreement dated , 19_enured into a Contract
with Owner for—_., 1987 Asphalt Overlay Program
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
(continued on reverse side)
S-1218 R1 8/77 PRINTED IN U.S.A.
I
,Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed
Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly
1. Complete the Contract in accordance with its terms and conditions,or
2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by
Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,
and make available as Work progresses(even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less
the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.Tile term "balance of the contract price,"as used
in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend-
ments thereto,less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment
under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs,executors,administrators or successors of Owner.
Signed and sealed this / Z- AX day of ..--c/ ,19�7
JEFFERSON ASPHALT COMPANY, I NC
Principal
Principal
(Witness)
Title
SAFECOO INSURANCE COMPANY OF AMERICA
C
0-.*-
(Witness) 1
By �✓2!�?�+✓
a me r; Attorney-in-Fact
SAFECO INSURANCE COMPANIES
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE:SAFECO PLAZA,SEATTLE,WASHINGTON 08188
Bond No. 5400954
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 February, 1970 Edition
Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and
faithful performance of the Contract.
I KNOW ALL .MEN BY THESE PRESENTS, That we,
JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207 Idlewood Road, Jefferson City MO
65101 (Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
CITY OF JEFFERSON, MISSOURI
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of
THREE HUNDRED TEN THOUSAND THREE HUNDRED THIRTY AND 34/100-- - 310,330.34----
_ Dollars($ ),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally,firmly by these presents.
WHEREAS,Principal has by written agreement dated _ 19 entered into a contract with Owner for
1987 Asphalt Overlay Program
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make
payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect,subject,
however, to the following conditions;
1, A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract,labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
continued on reverse side
7S•1220 R1 10/72 PRINTED IN U.S.A.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the
last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant,may sue on
this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due
Claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such
suit.
3.No suit or action shall be commenced hereunder by any Claimant,
a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any
two of the following: The Principal, the Owner, or the Surety above named, within ninety(90)days after such Claimant
did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating
with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or
certified mail,postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is
regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located,save that such service need not be made by a public officer.
b)After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
c)Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the
Project,or any part thereof,is situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve-
ment, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and'sealed this . day of v , 19 .
JEFFERSON ASPHALT COMPANY, INC(Seal)
G r Principal
Witness By:z y
Title
SAFECO INSURANCE COMPANY OF AMERICA
s
Witness �.J, —
13 (C/L �21�s�21j�
Y
mer, Attorney-in-Fact
• SAFECO INSURANCE COMPANY OV AMERICA
POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SAFECO SEATTLE,WASHINGTON 98185
No 5467
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation,does each hereby appoint
--KEVIN J. McGREEVY, Kansas City, Missouri; J•EROME J. REARDON, Kansas City, Missouri;
MICHAEL T. KELLY, Kansas City, Missouri; ERIC VAN BUSKIRK, Kansas City, Missouri;
PATSY J. LORIMER, Kansas City, Missouri; LaVONNE RINKS, Kansas City, Missouri--------
its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 20th day of February ' 19 87
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND-SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or tinder other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the
By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this day of , 19 .
3 9748103 86 PRINTED IN U S A
_ ISSUE DATE(MMIDDIYY)
06/10/8_7
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
NAUGHT-NAUGHT INS. AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.0. Box 1768 ~� COMPANIES AFFORDING COVERAGE
efferson City, MO 65102
COMPANY 5ELECT INSURANCE CO.
LETTER
COMPANY ULF INSURANCE CO.
INSURED LETTER
JEFFERSON ASPHALT COMPANY, INC. COMPANYT. PAUL FIRE & MARINE INSURANCE CO.
2207 Idlewood Road LETTER
.Jefferson City, MO 65101 COMPANY
LETTER
COMPANY
LETTER
9
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REnU1REMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
SK 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.
Go POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MRVDONY) EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
A COMPREHENSIVE FORM GA 519 82 13 10/01/86 10/01/87 INJURY $ 500 $ 500
PREMISES/OPERATIONS PROPERTY
EXPLOSIONUd COLLAPSE HAZARD DAMAGE $ 250 $ 250
PRODUCTSICOMPLETED OPERATIONS
CONTRACTUAL BI a PD
$
COMBINED D $
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $ 500
AUTOMOBILE LIABILITY WDLY
B ANY AUTO BA 55665 10/01/86 10/01/87 I'Pr RIPE RW, $
ALL OWNED AUTOS(PRIV.PASS.) "LY
ALL OWNED AUTOS OTHER THAN INJURY
PRIV. PASS. (PER AMDEq $
HIRED AUTOS
PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY 500
81 8 PD
COMBINED $
EXCESS LIABILi iY
B X UMBRELLA FORM CU 5252743 10/01/86 10/01/87 COMBINED $ 2,000 $ 2,000
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION STATUTORY
C AND WI06612100 10/01/86 10101/87 $ 100 (EACH ACCIDENT)
EMPLOYERS'LIABILITY $ 500 (DISEASE-POLICY LIMIT)
(DISEASE-EACH EMPLOYEE)
OTHER t. of Job $310,330.3<<
A OWNER'S & CONTRACTOR' GA 528 01 21 06/03/87 06/03/88 1,000,000.00 CSL
PROTECTIVE LIABILITY
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
JOB: 1987 Asphalt Overlay Program
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
DEPARTMENT OF PUBLIC WORKS, PIRATIDN DATE THEREOF, THE ISSUING C N ILL ENDEAVOR TO
CITY OF JEFFERSON MAIL 11101 DAYS WRITTEN NOTICE TO THE TIFICATE t LDER NAMED TO THE
LEFT,BUT FAI CH NOTICE SH IMPOS ION OR LIABILITY
320 East McCarty OF ANY KIN UPON THE COMP Y, ITS N EPRESENTA
Jefferson City, Missouri 65101 AUTHORIZED RIKEESENTATIVE ��_Z/_,17
Thomas S. Naug
• • �