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HomeMy Public PortalAboutORD15803 SUBSTITUTE#1 BILL NO. 2018-016 SPONSORED BY Councilman Graham ORDINANCE NO. 15 Q03 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CURTISS-MANES-SCHULTE, INC., FOR THE CONSTRUCTION OF FIRE STATION NO. 2. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: WHEREAS, Curtiss-Manes-Schulte, Inc. has become the apparent lowest and best bidder on the New Fire Station No. 2 Project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Curtiss-Manes-Schulte, Inc. is declared the lowest and best bid and hereby accepted on the New Fire Station No. 2 Project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Curtiss-Manes-Schulte, Inc., for the New Fire Station No. 2 Project. 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: v 4, 2.0 lb Approved: 9(A4V.... 5/ al0/8 A Presiding 0 is rTVLid,w1: Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: I C• lerk City elor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2987-Proj . 63030 Fire Station 2 Fire Department, Opened May 10, 2018 RECOMMENDATION : Staff recommends award of the bid to the lowest and best bid meeting specifications , Curtiss-Manes-Schulte, Inc., of Eldon , Mis souri in the amount of $2 ,972,274 .00. BIDS RECEIVED: Curtiss-Manes-Schulte, Eldon, MO Septagon Construction Company, Jefferson City , MO Prost Builders , Inc., Jefferson City, MO Verslues Construction Co ., Inc., Jefferson City, MO Sircal Contracting , Inc., Jefferson City , MO GBH Builders, Inc., Jefferson City , MO Cahill Construction, Inc., Rolla , MO Crawford Construction , Inc., Columbia , MO Base Bid on ly $2,714,456.00 $2 ,77 9 ,000.00 $2,799 ,000.00 $2,857,000.00 $2 ,888 ,000.00 $2,922 ,000.00 $2,930 ,000.00 $3 ,043,800.00 The project was advertised in News Tribune , posted on the city web site , sent to seven plan rooms and the City's construction list. Fourteen additional general an d sub-contractors picked up plans but did not return a bid . FISCAL NOTE: 2017-18 Budgeted Funds 44-990-57 5006 Sales Tax F 4 5-990-575006 Sales Tax G 19-990-575006 General Fund Total Available $ 800,000.00 $1,639,653.00 $1 ,221 ,035.00 $3,660,688.00 PAST PERFORMANCE: Total Funds Available Bid 2978 Balance Curtiss-Manes-Schulte has completed projects as specified and bid in the past. ATTACHMENTS-SUPPORTING DOCUMENTATION $3 ,660 ,688.00 $2,972 ,274 .00 $ 688,414.00 Signature c4uu-'Jf, ~-U ~~ Purchas g Agen t F1re Ch1ef To: Cc : Fro m: Date: Re : Steve Crowell , City Administrator Terry Stephenson, Purchasing Age nt / Matthew Schofie ld, Fire Chi e f ~'l 5 /17/2 018 Bid Recommendation New Fire Station #2 Aft e r a comprehensi ve review the Fire Department is recomme nding award of the Fir e Sta tion #2 Con s truction Contrac t to ge neral con tractor Curtiss-Manes-Schulte, Inc. This ge neral contr actor was the lowest of eight bid s re ce ived. Additionally this contractor has comple t ed work for the city previou s ly, notably Fire Station #1 w hich continues to se rve the city we ll a ft e r 40 yea r s of h a rd u se. The department r eco mme nds award of the b ase bid of$2,714,476.00 a nd a lternates as indi cated in t h e a ttach ed information in the a mount of $257,798.0 0 for a tota l award amou n t of $2,972 .274.00. Wh il e many individua ls from multiple departments h ave ass isted in the s p e ci ficati on, r esearch , a nd deve lopme nt in this process I wou ld like to s p eci fi call y recognize the memb e r s of the Fire Station Sp ecification committee consisted of: • A-S h ift: Dri ver Nick LaBoube • B-Sh ift: FF P e te Stoops • C-S hift: Capt. Casey H ug hes • Assistant Ch ie f Ma tt Bowde n The n ew Fire Station w ill fea ture the followin g co mpone n ts and services : • Public m eeti n g/training room and pub lic b athrooms • Full fire a la rm /sp rinkler system doubling as a fu n ctional ed u catio n al feature • Hardened Shelter Area, dual purpose as a gear storage area • Privacy in bunkroom for male and female firefighters • Contamination control zones and detoxification • Dedicated fitness/exercise room with access to outside • Company Officer workspace • Additional bay space for vehicles and equipment • Onsight interior and exterior training areas • Internal use radio tower, the site is already on high ground • Backup generator to fully power the station and the tower • SCBA fill in house reduces downtime and travel to other stations • Bunker gear extractor in house to keep firefighting gear clean, prevent cross contamination, and last longer • Storage and workroom (including hose repair) • Police Substation option, multi-use with secure access and connectivity; supporting administrative functions and quicker response time, etc. FISCAL YEAR 2018-2019 BUDGET FUNDING SOURCES: Sales Tax F Fund: 44-990-575006 New Fire Station Number 2 (Ordinance 15743) Sales Tax G Fund: 45-990-575006 New Fire Station Number 2 (Ordinance 15775) General Fund: 10-990-575006 New Fire Station Number 2 (Ordinance 15743) PROJECTED PROJECT COST $ 800,000 $1,639,653 $1.221.035 $3,660,688 $3,188,724 ~VL A~~ M~~~inc. 631 WEST MAIN STREET JEFFERSON CITY, MISSOURI 65101-1598 (573) 636-5000 FAX (573) 636-6133 May 15, 2018 (Revised) Matt Schofield, Fire Chief Jefferson City Fire Department City of Jefferson 320 E. McCarty St Jefferson City, Missouri 65101 RE: Bid Recommendation New Fire Station No.2 Jefferson City Fire Department Dear Chief Schofield: Please accept this bid process summary letter for New Fire Station No.2 along with options for the construction contract award. On April17, 2018, a Pre-Bid Conference for interested bidders was held at the existing Fire Station No.2, following a tour of the proposed site, 2935 East McCarty Street. On May 1 0, 2018 bids were received from eight (8) General Contractors and read aloud in Council Chambers. Bids received are considered viable. Bid Security was included and The Architects Alliance has successfully collaborated with the vast majority of participants. We would therefore be comfortable recommending several for your project. The quantity of bids received indicates strong interest in performing the work. A variance of 3.4% between the five lowest bids demonstrates a comprehensive set of bid documents, a competitive market, and a common understanding of scope. Curtis Manes Schulte submitted the lowest qualified Base Bid -$2,714,476. Alternate Bids were identified to allow flexibility during award depending upon funds available. We understand the following Alternates Bids to be among the priorities at this time. 1. Police Substation Addition 2. Training Mezzanine 3b. Spray Applied Concrete Densifier 3c. Apparatus Bay Wet Cure Concrete 3d. Office!Training/Living Wet Cure Concrete 4. Durable Kitchen Countertop Surfaces 5. Dual-Fuel Generator and Tank 7. Exterior Equipment Screen Wall 9. Video Surveillance & Access Control 10. Underslab Rigid Insulation Total A summary of the project costs is as follows: Base Bid Alternate Bids Furniture Fixtures and Equipment $ 64,047 $ 32,298 $ 2,159 $ 1,576 $ 2,118 $ 2,674 $ 89,538 $ 10,133 $ 44,121 $ 9.134 $257,798 $2,714,476 $ 257,798 $ 98,450 Breathing Air Compressor & Bottle Fill System Remaining Professional Services Under Contract $ 75,000 $ 43.000 Project Cost $3,188,724 SETH T. EVANS • LARRY D. BRANDHORST • CARY J. GAMPHER MEMBERS AMERICAN INSTITUTE OF ARCHITECTS Alternate Bids not listed above include Concrete Fiber Additive, Resilient Athletic Flooring, and Fire Protection Nitrogen lnerting System. These items can be identified, if desired, within the Owner/Contractor Agreement as optional and awarded later as mutually agreed I prior to associated construction. The project cost identified above is inclusive of the following: Contingency Allowance - Inspections & Testing Allowance - Signage Allowance - Building Permit - Sewer Tap Fee $50,000 $ 15,000 $10,000 $ 13,570 $ 500 Also attached is a Bid Tabulation sheet for your review. Please contact our office if you have any questions or need additional information. Upon authorization we will issue a Notice of Award to the contractor selected by City of Jefferson and schedule a Pre-Construction Conference. Prompt award will avail favorable weather conditions for subgrade work. On behalf of everyone at The Architects Alliance, it is an honor to serve as your Architects for this essential facility in our community. Thank you. Attachment: Bid Tabulation Sheet NEW FIRE STATION N0.2 JEFFERSON CITY FIRE DEPARTMENT 2935 EAST McCARTY STREET Jefferson City, Missouri BID DATE: Thursday, May 10,2018@ 1:30PM fi ~ ~ ~ .. 11.1 ! ~~ BASEBID BIDDER'S NAME cahlD ConstJUction X X $2,930,000 Cnlwford Construction X X $3,043,800 Curtlss-Manes-Schulte X X $2,714,476 GBHBuilders X X $2,922,000 Prost X X S2.799.~.P2,_ ~ues construclion ~ I ~ i c c ... Cl > E 'a 'a .,< Nft ~ill.) 1!!:;: ~.5 ~c:3 r:cC:: r:cc::e I!!S l!!qa: .aw l~i ~;!~ $109.000 $37,000 $1,000 $108,000 $42,000 $595 $64,047 $32,298 $933 $80,700 $49,300 $920 ~~ $34,000 $400 $44,359 $500 $500 i l! l! c: c: I CIO i~~.~ !> ~ ~~ ~:a i .. ~~.~ .. 2!: ~~ ~~ ~affi Iii~ =~ e~ ... < DQ. ~2!: ;:Z ~~ ij~ ~~ og, -aw -aw ~"!51 u<r:c -a<r:c rtO:::I rtO:::I I!!~~ l!!~u l!!~u <Cia. ~CJ~ <CIIl! zc< Zc::~ r:cqo r:cc~ I!!~~ ~~~ 1!!-"5 I~;! 3 I~ ;i!j ~ l_ci_~~ $1,000 $8,000 $8,000 $4,400 $8,330 $9,225 $2,159 $1,576 $2,118 $26.no $3,435 $4,580 $3,000 $600 $600 - _,$5,948 $4,320 $4,320 $1,000 $750 $1.000 * ~~inc. 'a e c: ! = e E >o ... !' Cl 11.1 "' 'a i I u ~ c 11.1 :I CD :r j ~ c: u 11.1 i! i Q, Cl c 0 i CD c .5 t: 0 ~ c ! c ~ ;: c:: 'C Cl 0 & .!! = !~ 0 11.1 I oil i 0 u:: u u 1: 8 .5 c:: ~oil ;: Cl z c:: ol! .., .. ooc ... •s ,...e .. c: ... .!! ..CD I!!~ j!!zc: I!!= 1!!% I!!~ I!!= j!!Ci! <¥ ~=~ << <O <~ ~ ~ <.a ~~ 0 0 Zl: z .. Zlj z.!l a:=c a:o a:o r:c .. r:cll.l r:ce !!!"'"' l!!e I!!~ l!!t I!!~ l!!i 1!!-8 1a~ ,_a_~ l a& 1a Ji au: -;1:; I~:§ $13.000 $95,000 $7.800 $9,000 $14.000 $55,651 $18,500 $2,660 $89.200 $4,165 $14,400 $16.500 $13,900 $12,000 - $2,674 $89,538 $4,183 $10,133 $14,260 $44,121 $9,1U $3,450 $94,530 $4,480 $10,550 $15.220 $47,100 $7,200 $2.750 $80,000 $3,000 $10,800 $14,500 $53.000 $11,000 ·- $5,1~!.. ~-----~~079 $4,255 $11.890 _ __!!!~ 1--·$44:.1!.~ $7,147 -------1------- $10,21!0 $88,000 $4.200_ ___ !!!:~ -$14,1!!. f----~:!1!1! ____ .,!!!.:,~ f--- ------------r---· --------------+----·1--·--~-----+----+----+------r------f--------·----1~----------··1-------r------+---·- -·---------------+-+-i-------~------~~--·---+------~----+-------I-------~-------~-----~--------~------1------T------·---·-----J------+------i~----~ ~---------·-·---~~~-------+---------------~-------~-------+------~--------+-·------+-------r-------t------·--·-------~-------4--·-----+--------i-------+-----~ SHEET 1 OF 2 NEW FIRE STATION N0.2 JEFFERSON CITY FIRE DEPARTMENT ~deds 2935 EAST McCARTY STREET Jefferson City, Missouri BID DATE: Thursday, May 10, 2018 @11:30 PM BnCeinc. c j I!! i .! a. a. 'a 'a c B 0 ~ .8 0 ~ "C "C = Cl) Q Q ~ ~ C> u .!! .2 .2 ~ 0 :g i a. ~ II: Cl) s c c z: G .S! .,..! .-.oc Nu ... ~ ·= ... I!! :!:j ... wu ~~ wg w-a wu w~ ~~ ~~ u u uc u c ~B ii!~ _ .. a:8 ~ u lEe lEe g:~ II: .. g:~ g:o a.;:: D.-a a.,W !::! !::I!! !:: : !::e !::~ !::'@ !::~ ._:t BIDDER'S NAME I§~ ~& zc I§~ §;§ I§~ z 0 ~! ::I ::I ::Ill: Cahll Con5tf1!ctlon $200 $200 $25 $130 $180 $30 $700 $150 Crawford Conslsudion $66 $195 $30 $150 $135 $165 $680 $100 --· Curtlss-Mancs.Schulte $1117 szso $43.75 $169 $131 us $235.00 $450 GBHBuilders $100 $105 $47 $136 $166 $210 -$525 -~ Prost Builders $60 $180 $25 $145 $200 $200 $500 $200 5eplagon Construction Company $24 $200 $44 $150 $150 $200 $500 $200 Sltcal Contradlna $130 $210 $50 $135 $285 $270 $570 $200 Verslucs Construdion $175 $275 $38 $135 $265 $400 $500 $200 ---· -----------·----- --1----------------------------------------------------------· - SHEET20F2 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT made and entered into the date last executed by a party as indicated below, by and between Curtiss-Manes-Schulte, Inc. 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: NEW FIRE STATION NO. 2, JEFFERSON CITY FIRE DEPARTMENT, 2935 East McCarty Street, Jefferson City, Missouri, City Project No. 63030 and Architect’s Project No. 1630. 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 “NEW FIRE STATION NO. 2, JEFFERSON CITY FIRE DEPARTMENT, 2935 East McCarty Street, Jefferson City, Missouri, City Project No. 63030 and Architect’s Project No. 1630," which shall include Bid Alternates 1, 2, 3b, 3c, 3d, 4, 5, 7, 9, and 10, in accordance with the plans and specifications dated March 20, 2018 on file with the City of Jefferson. 2. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary 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 Three Hundred (300) calendar days from the date Contractor is ordered to proceed, which order shall be issued by the City of Jefferson within ten (10) days after the date of this contract. 3. Prevailing Wages. 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 of the current Annual Wage Order No. 24, 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 terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be attached to each monthly payment application. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 4. Insurance. (a) The Contractor shall obtain and maintain during the term of the Project and this Contract the insurance coverages at least equal to the coverages set forth in this paragraph 7, and as further provided in the General Conditions, but no event less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo. Insurance policies providing required coverages shall be with companies licensed to do business in the State of Missouri and rated no less than AA by Best or equivalent. All costs of obtaining and maintaining insurance coverages are included in the Bid Amount and no additional payment will be made therefor by the City. Comprehensive General Liability Insurance (including coverage for Bodily Injury and Property Damage) $500,000 per occurrence $3,000,000 aggregate Comprehensive Automobile Liability Insurance (including coverage for Bodily Injury and Property Damage) $500,000 per occurrence $3,000,000 aggregate Employer’s Liability $3,000,000 bodily injury by accident (each accident) $3,000,000 bodily injury by disease (each employee) $3,000,000 bodily injury policy limit (b) Worker’s Compensation - In addition, the Contractor and all subcontractors shall provide Worker’s Compensation Insurance in at least statutory amounts for all workers employed at the Project site. (c) Builder’s Risk - The Contractor shall also provide a policy of Builder’s Risk Insurance in the amount of 100% of the complete insurable value of the Project, which policy shall protect the Contractor and the City, as their respective interests shall appear. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo., 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. This coverage shall be waived if the City is added as an additional insured party to the insurance policies required by Subsection 4(a) above, provide that the City shall be provided no less than thirty (30) days advance notice of any cancellation of any such policy. (e) Before commencing any work, the Contractor shall provide to the City certificates of insurance evidencing the issuance and maintenance in force of the coverages required by this paragraph 4. Each such certificate shall show the City, and such other governmental agencies as may be required by the City to be insured by underlying grant or contract relating to the Project, as an additional insured, and shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City may waive any insurance coverages or amounts required by this paragraph 4 when the City deems such waiver to be in the interest of the public health, safety, and general welfare. (f) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required i n Subparagraphs (a) and (b) hereof and in like amounts. (g) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability a nd property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 5. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 6. Liquidated Damages. The Contractor agrees and acknowledges that time is of the essence of this Agreement and that delay in the prosecution of the Work and the Project will inconvenience the public and increase administrative costs of the City, the costs of which the Contractor and the City are incapable of ascertaining at this time. Should the Contractor, or in the case of Contractor’s default, the surety, fail to complete the Work within the time stipulated in this Agreement, or within such extension of time as may be allowed by the City in the manner set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) for each calendar day that the Work remains uncompleted after the time allowed for the completion, including approved extensions. In the sole discretion of the City, the amount of the liquidated damages may be deducted from any money due the Contractor under this Agreement. Permitting the Contractor to finish the Work or any part thereof after the expiration of the time for completion or any approved extension, shall in no way operate as a waiver of the City of any of rights under this Contract. 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 fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, City ordinances, and state and federal laws. 9. Indemnity. To the fullest extent permitted by law, the Contractor agrees to defend with counsel selected by the City, and indemnify and hold harmless the City, its officers, engineers, representatives, agents and employees from and against any and all liabilities, damages, losses, claims or suit, including costs and attorneys’ fees, for or on account of any kind of injury to person, bodily or otherwise, or death, or damage to or destruction of property, or money damages, or trespass, or any other circumstances, sustained by the City or others, arising from the Contractor’s breach of the Contract or out of services or products provided by the Contractor or its subcontractors under the terms of this agreement. The Contractor shall not be liable for any loss or damage attributable solely to the negligence of the City. To the extent required to enforce this provision, the Contractor agrees that this indemnification requires the Contractor to obtain insurance in amounts specified in the Contract Documents and that the Contractor has had the opportunity to recover the costs of such insurance in the compensation set forth in this Agreement. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen’s compensation acts, disability benefit acts or other employee benefit acts. The Contractor shall reimburse to the City any costs and attorneys’ fees that the City may reasonably incur in pursuit of any remedies at law or equity or enforcement of any rights established in this Contract, which may result from the Contractor’s breach of the Contract, the Contractor’s failure to perform any obligation or requirement contained herein, or the City’s enforcement of this Contract. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of all materials and labor used in the performance of this contract. 11. Supplies. 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. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 10, 2018 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Two Million Nine Hundred Seventy-Two Thousand Two Hundred Seventy-Four Dollars ($2,972,274.00) based on the Contractor’s Base Bid and Bid Alternates 1, 2, 3b, 3c, 3d, 4, 5, 7, 9, and 10. 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 for under this contract, and the payment of the 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 may 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 the 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 unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing 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 i. Drawing and/or Sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein , provided that in the event of any conflict between the provisions of this Contract and any other Contract Document, this Contract shall govern and prevail. 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 parties. 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 the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. 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 Breach . 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 terms, 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 terms 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. Illegal Immigration. Prior to commencement of the work: A. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. B. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services Contractor agrees in the performance. C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 25. OSHA Training Prior to commencement of the work: A. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on -site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. B. All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. C. Any employee, agent or subcontractor of the Contractor subject to this provision found on the worksite without documentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. D. If Contractor fails the provisions of subsection A, B, or C, the Contractor shall forfeit as a penalty two thousand five hundred dollars plus an additional one hundred dollars for each employee emplo yed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections B or C, whichever is applicable, of this section have elapsed. E. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor’s failure to comply with the terms of this section. 26. Transient Employers. Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of coverage for workers’ compensation insurance or self -insurance signed by the transient employer and verified by the department of revenue through the records of the division of workers’ compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security. Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in the laws sectio n, be liable for a penalty of $500 per day until the notices required by this section are posted as required by that statue. 27. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at Curtiss-Manes-Schulte, Inc., 1211 Business 54 South, Eldon, Missouri, 65026. The date of delivery of any notice shall be the second full day after the day of its mailing. CITY OF JEFFERSON CONTRACTOR ( 4/tIA.A..e ' ( Remington Koch --eAtfri Mayor: Carrie Tergin Title: C)144^-e / / (('i June 7, 2018 Date: ) Date: ATTEST: ATTEST: _ Remington Digitally Koch signed by Remington DN:m=Remingbn Koch o=Curtiae-Manea-Schulte Inc.. j Koch ou=cme small=remmgtonCtcme- JDgcate:�m 2018.06.07 07.53'.42-05'00' C. Clerk fif Title: APPROVED AS TO FORM: City •u elor Missouri, 65101, and Contractor at Curtiss-Manes-Schulte, Inc., 1211 Business 54 South, Eldon, Missouri, 65026. The date of delivery of any notice shall be the second full day after the day of its mailing. CITY OF JEFFERSON CONTRACTOR aktniCe 7—Atm - Mayor: Carrie Tergin Title: Pres.'le*1- 0/ Imolo 6 - 1- / 8 Date: Date: ATTEST: ATTEST: 1 I I- Car Clerk s Title: APPROVED AS TO FORM: City •u :elor PERFORMANCE BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 106722757 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place of business) Curtiss-Manes-Schulte,Inc. Travelers Casualty and Surety Company of America PO Box 233 One Tower Square Eldon,MO 65026 Hartford,CT 06183 OWNER: (Name, legal status and address) City of Jefferson,Missouri 320 East McCarty Street Jefferson City,MO 65101 CONSTRUCTION CONTRACT Date: June 7,2018 Amount: $2,972,274.00 Description: (Name and location) New Fire Station No.2,Jefferson City Fire Department,2935 East McCarty Street,Jefferson City,Missouri, City Project No.63030 and Architect's Project No.1630 BOND Date: June 12,2018 (Not earlier than Construction Contract Date) Amount: $2,972,274.00 Modifications to this Bond: X Noe llt NM See Section 16 CONTRACTOR AS PRINCIPAL ���55G RPp'ScyETY Company: it:§4!-por to Seal � `�' • .�11 pany: (Corporate Seal) Curtiss-Mane hulte,Inc. =c : e� :d;elers Casualty and Surety C pang o Ame 'ca Signature: ature: Name and Title: Shawn Schulte,President% •'.'SOUR`.. me and Title: Cheryl ler,Attorney-In-Fact (Any additional signatures appear on the last AAiiS �ormance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Naught-Naught Agency (Architect,Engineer or other party:) PO Box 32 Eldon,MO 65026 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's'receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 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: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 • _ r WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 411111\ POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229942 Certificate No. 007031149 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Harry D.Naught,Thomas S.Naught,and Cheryl Schaller of the City of Jefferson City ,State of Missouri ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 2nd day of November 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company G/.SU� 1Y `,' •�' •II. FIFE 4 ,,N �Nf 'j INS (Y A".4:. ND TY C�°Nf(J• #172.% .y \;-.......G,L s .CI SU7 OI N 4:q GS �9 r pRPONAj�i Q4.;: 'Zt t,Y `'D e#' n alconpotAtED w €.-' 4 �f< ... �a lr: NORAE.P'�F m ; s` N aaam 1982 O yg7'J - a� 0 m• m . r 5- S .� �t '°I ° cm" ; in 1898 � 195 � - �� _ �`.sEAL of �.. � / State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 2nd day of November 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. NcrG•T�' In Witness Whereof,I hereunto set my hand and official seal. A.OW w" • V My Commission expires the 30th day of June,2021. * TARAt A�k�G * Marie C.Tetreault,Notary Public Cs 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 12th day of June ,20 18. Kevin E.Hughes,Assistant Sec tary G/�SU^ "*X"'," . wN IM / 1NS SV Aq ( 9 ) �,,ppqyy�ppQqyy��, moo• y,,, OE 'SUy /'JPS 4q9 OJT O's 4Et1a� tovos.tJ GP£ ,jj+�� �yyIj4 4 4 g 1 o m I ` a µARTAND1 WlAE 1951 1. I ,o �`SE AL o"3 �; e � ssa>Lr: ,� te � N PY♦ �r •� T•� .. ANGE C .14t1 Attie ' To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • PAYMENT BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 Bond No.: 106722757 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Curtiss-Manes-Schulte,Inc. Travelers Casualty and Surety Company of America PO Box 233 One Tower Square Eldon,MO 65026 Hartford,CT 06183 OWNER: (Name, legal status and address) City of Jefferson,Missouri 320 East McCarty Street Jefferson City,MO 65101 CONSTRUCTION CONTRACT Date: June 7,2018 Amount: $2,972,274.00 Description: (Name and location) New Fire Station No.2,Jefferson City Fire Department,2935 East McCarty Street,Jefferson City,Missouri, City Project No.63030 and Architect's Project No.1630 BOND Date: June 12,2018 (Not earlier than Construction Contract Date) Amount: $2,972,274.00 Igitlltt/t/ Modifications to this Bond: MEN ONES S f See Section 18 CONTRACTOR AS PRINCIPAL (2-4 –' ‘9,,,,:.:1"-'%URETY Company: :(..):(Cox Seat). mpany: (Corporate Seal) Curtiss-Man • - h�ulte,Inc. �1 I. : 'travelers Casualty'nd Surety pany of me ca Signature: � � �- •: • .),.signature: OU-Name and Title: Shawn Schulte,Pres tf.pt '•..••• ,p Name and Title: Cheryl ler,Attorney-In-Fact '',vii,i111111111111�```` (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Naught-Naught Agency (Architect,Engineer or other party) PO Box 32 Eldon,MO 65026 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends,indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was,furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner, within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 f c . §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1) or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water,gas,power, light,heat, oil,gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 §18 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: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .A► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229942 Certificate No. 007031150 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Harry D.Naught,Thomas S.Naught,and Cheryl Schaller of the City of Jefferson City ,State of Missouri ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 2nd day of November 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company G�SU,i 1Y `,•. `..I. , Ay"`p�RE 6 0 IN1X3 •ttA 2 ,11 C w°n+ar v1. y ��.......SG9 JP+.......�!A gJ9 Sq C,Vb�LL9�ry].0• ft nc `A'CCflPORATED z �! ".."44rn W�:�pPORAl� " S� it 1982 0 977 4.«+ �i _._ twarFo $�_: :,,- � nnAIPOAo, .. rm,�L 1!'` -g ti 'o' Cot" 8yS r y 19$1 r ..t [A _SEALio .SSAL;aN o � +�/da 1`� o iY 5~ m a1S.A +i"7").‘'aD �'Pr 7'40' 40 MN State of Connecticut By: 14 (.14417-- City of Hartford ss. Robert L.Raney,Senior Vice President On this the 2nd day of November 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T�' A A. l' /1 In Witness Whereof,I hereunto set my hand and official seal. *OW w" C My Commission expires the 30th day of June,2021. *' Ate*`G * `Marie C.Tetreault,Notary Public • 411 E OTC' 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 12th day of June ,2018 . Kevin E.Hughes,Assistant Sec Lary GASU,� `.• ,11 y1• f\RE 4µ t"4:&4. N INS t IN$U TY 4N0Y ( ` M yap yb., Q\,r.....G9 JP,........A9 yJt� y f*""Z":9\ �YY'(, �`NCOfippRATED� Z� ; ORP0114F. W.`fPOR �'^�51820 1977 411N4. �`� - jrn --_ W t� Z i a HARTFORD, IihRTrORD, '" 1951 - £ , SSE n �' 'o; tz CONN. Yo'�FC'hT D S a, a 7: AI.t. CONN. n 8 fN ,{ 1• ti 'kmwm r�ewr tl!S.ANva �js .....ra+ yf nava �lyt..vie y�' 140 or To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • CURTISI OP ID: Cl � U?o' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/06113/22018018Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cheryl Schaller Naught-Naught/Eldon,MO PHONE FAX P.O.Box 32 (A/C,No,Ext):5I3-392-7141 (A/C,No): 866-779-8102 Eldon,MO 65026 AIL ADDRESS:cschaller@naught-naught.com Naught-Naught/Eldon INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Travelers Companies INSURED Curtiss-Manes-Schulte,Inc. INSURER B: PO Box 233 Eldon, MO 65026 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSD WVD POLICY NUMBER /YLIMITS (MMIDDYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X DT-CO-3K978428-COF-1801/01/2018 01/01/2019 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ A OCP DT-CO-3K984733-COF-18 06/12/2018 06/12/2019 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY X jE 0 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO 8103K7940861826G 01/01/2018 01/01/2019 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE CUP-9J899245-18-26 01/01/2018 01/01/2019 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER Y A ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A UB-9J897135-18-26-G 01/01/2018 01/01/2019 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Builders Risk DT-CO3K997544-COF-18 06/12/2018 06/12/2019 Building 2,972,274 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: New Fire Station No. 2. Certificate Holder is included as additional insured with respects to the General Liability as required y written contract per attached form CGD246. 30 day written notice of cancellation applies per attached IA4087. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Jefferson, Missouri ACCORDANCE WITH THE POLICY PROVISIONS. 320 E McCarty Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART-CLAIMS-MADE SCHEDULE Name and mailing address of person(s) or organization(s): City of Jefferson, Missouri 320 E McCarty Jefferson City, MO 65101 Number of days notice(other than nonpayment of premium): 30 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium,we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration,termination or cancellation of the policy. IA 4087 0811 • /• COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- , this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply t "bodily d "prop- the additional insured by this endorsement still is Pp y injury", excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tonal insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 r r COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit" as person or organization as an additional in- sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05