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HomeMy Public PortalAboutORD16140BILL NO. 2021-014 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. Ap4D AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CORRECTIVE ASPHALT MATERIALS, IN THE AMOUNT OF $97,002.90 FOR THE 2021 STREET SEAL COATING PROJECT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Authorize the Mayor and City Clerk to execute a construction contract with Corrective Asphalt Materials in the amount of $97,002.90 for the 2021 Street Seal Coating project. Section 2. The agreement shall be substantially the same in form and content as that agreement 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: Presiding Officer ATTEST: Approved: Mayor Carrie Tergin APPROVED AS TO FORM: CiYy Clerk City Atto ney CITY OF JEFFERSON CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Corrective Asphalt Materials, L.L.C., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: Project No. 32170, 2021 Street Seal Coat Project. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the 2021 Street Seal Coat Project, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Public Works Department and in accordance with the rates and/or amounts stated in the bid of Contractor, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Ninety -Seven Thousand Two Dollars and Ninety Cents ($97,002.90). 3. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws within sixty (60) calendar days of the date last executed by a party as indicated below. 4. Prevailing Wages. Prevailing wage does not apply to public works projects with a bid price under $75,000. 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 Annual Wage Order No. 26 Section 026 in which the rate of wages is set forth. Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workers 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 workers in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each worker employed, for each calendar day or portion thereof that the worker is paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor under the Contractor. 5. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability lnsurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. D. Owner's Protective Liability Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. Such policy shall not be required if the City of Jefferson is endorsed as an additional insured under the policies described in Sub -paragraphs B and C above and such are not subject to cancellation or modification without thirty (30) days' notice to the City. E. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub -paragraphs A, B, and C hereof and in like amounts. F. 'Scope of Insurance and Special Hazard. The insurance required under Sub -paragraphs B and C hereof shall provide adequate protection for Contractor and its subcontracts, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph F is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 6. 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. 7. Liguidated Darnages. The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 8. 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. 9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, 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. 10. IndemniY. To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 11. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done and for all the materials used in the construction of the work to be completed pursuant to this contract. 12. SupplLm. 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 1986 as amended. 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. Governinp_ 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 attorneys' fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract d. Notice to Bidders b. Addenda e. Signed Copy of Bid c. Information for Bidders f. Drawing and/or Sketches 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. 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 contract 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. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys' fees, expenses and costs. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever 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 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 grounds 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. 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. Construction Safety Program Requirements. a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project. b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. C. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($100.00) for each employee employed by 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 periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 26. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 65101 If to the Contractor: Corrective Asphalt Materials, LLC Attn: Colleen West 300 Daniel Boone Trail South Roxana, IL 62087 CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date: LA. --pt ATTEST: APPROVED AS TO FORM: City Ap5diev CORRECTIVE ASPHALT MATERIALS, L.L.C. - � �7 7/// Title: fflareTaatipn , Vf\ecAher Date: 5 Ogg Wz '7'� /i���J(li'� Pagc, 1 ort Tonv Witte From: "Hentges, Brenda" <Brenda. Flentges@labo r rno.gov> To: <tonywilte@camllcil.net> Cc: "Buhr, Lisa" <Lisa.Buhr@labor.ino.gov> Sent, Thursday, September 24, 2009 7:30 AM Subject: FW: excessive unemployment Mr. Witte, The work that you described consists of applying sealer to asphalt pavement. The mere application of liquid sealer does not constitute construction as defined in Section 290.210 (1) RSMo. Therefore, based on tate Information provided, this work would appear to be excluded from the requirements of Missouri Prevailing Wage Law. Accordingly, the requirements of excessive unemployment would not apply. See Section 290.660(4) RSMo. However, please note that a different set of acts could alter the Division's position. Brenda Hentges Wage and Hour Investigator Division of Labor Standards 3315 West Truman Blvd. Jefferson City, MO 65102 673-751-3403 From: Tony Witte [mal)to:tonywitte@camllcil.net] : Sent: Wednesday, September 23, 2009 2:10 PM To: Prevailing Wage Subject: Re: excessive unemployment We will be applying a maintenance rejuvenator sealer to asphalt paventent in the City of Ilazetivood, Into I have spoke to a represenilatives in your otficc in the past And have resolved verbal conf innutiou that mahitcminCe work as described nbove does not reiluire prevailing %vage. Earlier this ymr, and again on 9-18.09, l spoke to a representalivc of your office, explained the aforementioned iwintcnaace wark, asked it thoexcessive unemployment rulc was In affect. Boili representativos stalest since it does not require prevailing %vage, the exec-ssiYe uneanpfoytnent rule was not in affect. This quostion has conte tip whit the tatty of fdazelwoad for utir 2009 contract work. I spoke to a mpmsentative in your office, Brenda, explained the above; and she stated the excessive unemploytnent rule was not in affect, I asked where I could find this iu %vriling. nrcuda suggcstcd that t write to Mr. Jim noeckman. My question its Nir Boecknan was If a contracto-r is performing,work for a City in Missouri that sloes not require prevailing wage, is the excessiN,e unenfploymetll rule in affect? ----- Original Message ----- From: P.r-Qv;qiUa9 �^la To: =yv&Le@Pstiillcil,net Sent: Wednesday, September 23, 2009 1:16 PM 2/3/2010 FY 2011 Beal Coal SCMULB OF OLIAW MES LOCATLON FROM TO WM LL41OTN jMEAj&Y.)jfW Loan M Fawamdo Of. Rhremldo Dr. McCarty 31. lam) go7YPe H%ft o"rpasa BioodomyBhaeF W Lr► Fredddm Ln How HFgh SL E: MOM E. HMLon Ln Down SL weal Mak, SL west Maki SL %VM Maki BL Chedeston Place Subd (Bld vvIN COW*) tr:drsaSst or trdta m Or Trrrnmrr MW Tnattan BNd Cawft MAD T~fk Htwgh Park Rd M"h Park M Samdo Lh. Lmxmft Ka Rd Seanla Or. LarIft r Ha Rd. Ash 8L Lefayoft SL Loan M Fawamdo Of. Rhremldo Dr. McCarty 31. Eepr WVow Dr. Saardo Or. H%ft o"rpasa BioodomyBhaeF Brooks ft PW SL Brooke Stinal ksAmoeem Fdkmaon SL Brooks SL Jaycee Dr. Meoo Dr. Mebo 178 RL 170 Schemata Chapel Sdu mate Chapel N Tan We Dr. Frog HoI, Ln. Madan Dr. gwuff eatBbd Wy+ioadDr. Orem Berry Rd Kalb Dr. Kolb Dr. Ems Slid 32 32 46 31 31 31 33 37 48 31 44 50 45 33 26 28 36 28 1476 2300 1100 1425 1076 3736 1075 1810 600 1030 1307 670 1450 1700 2M 2250 6/B 1400 6244 7111 5667 4806 6803 12888 3912 7441 1887 2711 3618 6380 4668 7260 6233 7404 7000 2174 4368 107.781 FOD Fog Fop Fag Fog Fag Fog Fog Fog Fog Fog Fog Fog Fag FOG Fog Fag Fog Fag Exhibit A BIDSHEET Bids due March 31, 2021 at 10:00 AAL Reclamite Seal Cat. Quantity: Unit Price $ D.90 (NinnW Ccn15) /Sq. yd. Company Name: Corrective Asphalt Materials, LLC r Signature: 4 - Marc Taillon. Member ** Please Note - Contact Tim Orimsley, Pub. Works Supt. to scheduletcoordinate work. Bond No.B3250100 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Corrective Asphalt Materials, LLC 300 Daniel Boone Trail S. Roxana, IL 62087 OWNER: (Name, legal status and address) City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: SURETY: (Name, legal status and principal place of business) The Cincinnati Insurance Company P.O. Box 145496 Cincinnati, OH 45250-5496 Amount: Ninety-seven Thousand Two And 90/10013ollars ($97,002.90) Description; Project No. 32170- 2021 Street Seal Coat Project (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: Ninety-seven Thousand Two And 90/100Dollars ($97,002.90) Modifications to this Bond: ® None [] See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) in 1A Corrective Asphalt Materials, LLC The Cincinnati Insurance Company Signature: ��� Signature: Name Wco-cl&i(lco Name Brandi L. Bullock, Attorney -in -Fact and Title: m 6-n b, a, and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: The Charles L. Crane Agency Co. 100 North Broadway, Suite 900 St. Louis, MO 63102 (314)444.4949 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Page 1 of 4 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 1 § 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 fust provides notice to the Contractor and the Surety that the Owned 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 ofthe Surety's receipt of the 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 Ownces 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: 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 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 61f 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. Page 2 of 4 § 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 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 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 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 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 famished, 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. Page 3 of 4 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address Address Page 4 of 4 (Corporate Seal) Bond No.B3250100 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Corrective Asphalt Materials, LLC The Cincinnati Insurance Company 300 Daniel Boone Trail P.O. Box 145496 S. Roxana, IL 62087 Cincinnati, OH 45250-5496 This document has Important legal CONSTRUCTION CONTRACT Date: Amount: Ninety-seven Thousand Two And 90/100Dollars ($97,002.90) Description: Project No. 32170- 2021 Street Seal Coat Project (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: Ninety-seven Thousand Two And 90/100Dollars ($97,002.90) Modifications to this Bond: ® None F-1 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Corrective Asphalt Materials, LLC n1s The Cincinnati Insurance Company Signature: %%�L Signature: ra J�, DLI�WO Name Mat-Grct.ilicn Name Brandi L. Bullock, Attorney -in -Fact and Title: membe-Y and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMA770N ONLY —Name, address and telephone) AGENT or BROKER: The Charles L. Crane Agency Co. 100 North Broadway, Suite 900 St. Louis, MO 63102 (314)444-4949 OWNER'S REPRESENTATIVE: (Architect, Engineer or otherparty:) Page 1 of4 5 consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modificatti on. City of Jefferson Any singular reference to 320 East McCarty Street Contractor, Surety, Owner or other party shall be considered Jefferson Ci MO 65101 City, plural where applicable. CONSTRUCTION CONTRACT Date: Amount: Ninety-seven Thousand Two And 90/100Dollars ($97,002.90) Description: Project No. 32170- 2021 Street Seal Coat Project (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: Ninety-seven Thousand Two And 90/100Dollars ($97,002.90) Modifications to this Bond: ® None F-1 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Corrective Asphalt Materials, LLC n1s The Cincinnati Insurance Company Signature: %%�L Signature: ra J�, DLI�WO Name Mat-Grct.ilicn Name Brandi L. Bullock, Attorney -in -Fact and Title: membe-Y and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMA770N ONLY —Name, address and telephone) AGENT or BROKER: The Charles L. Crane Agency Co. 100 North Broadway, Suite 900 St. Louis, MO 63102 (314)444-4949 OWNER'S REPRESENTATIVE: (Architect, Engineer or otherparty:) Page 1 of4 5 § 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 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 Owners priority to use the funds for the completion of the work. Page 2 of 4 S 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. § 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 fiunished 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 diis 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 ftimished, 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 fumished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was famished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment famished; .5 the date on which the Claimant last performed labor or last fumished 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 .S the total amount due and unpaid to the Claimant for labor, materials or equipment fiunished as of the date of the Claim. 116.2 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 mechanics'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, Page 3 of 4 § 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. § 16.6 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 tern Owner shall be deemed to be Contractor. § 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: Signature: Name and Title: Address Signature: _ Name and Title: Address Page 4 of 4 (Corporate Seal) State of Missouri County of City of St. Louis On this Brandi L. Bullock before me personally appeared to me known to be an Attorney -in -Fact of The Cincinnati Insurance Company the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the said Company in accordance with authority duly conferred upon him by said Company. KELLY7MARTINTINNotary Rory SealSTAT tJRI.��wfi,�rlyMy Commissicn ept. 7, 2021Commts�,`7'660r ".bMaa5144- Notary Public THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Michael T. Reedy; Stephen C. Ruff; Patricia A. Inchiostro; Gregory L. Stanley; Theresa A. Hunziker; Barbara M. Johnson; Christopher J. O'Hagan; Brandi L. Bullock; Don K. Ardolino; Kimberly Ann Connell; Timothy E. Griffin; Michael A. Flavin; Debra Baggett; Trudy Whitrock and/or Michelle Wilson of Chesterfield and St. Louis, Missouri its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Forty Million and No/100 Dollars ($40,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6t1, day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revolve any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 711' day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 191, day of December, 2018. r�`" �n" °', THE CINCINNATI INSURANCE COMPANY u OORPORATE 3 SEAL aNlO — STATE OF OHIO } ss: COUNTY OF BUTLER ) On this 19t, day of December, 2018, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. -ell ++ 1+A k++r+�� s.#��i 44 KEITH e LLETT, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. ���r�lwN+ti�N I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of uOORPORATE :, k"10" 1. 11. C�:/ 1,_� SEAL OHIO BN -1005 (4/19) Client#: 1062594 CAMLLC1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 5/25/2021 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services LLC PHONE 314 436-2399 FAX 314 342-7170 A/C, No, Ext): A/C, No 308 N. 21st Street E-MAIL ADDRESS: usicertreq.gateway@usi.com y@ Saint Louis, MO 63103 03/30/2022 EACH OCCURRENCE $11,000,000 INSURER(S) AFFORDING COVERAGE NAIC # 314 436-2399 INSURER A: Charter Oak Fire Insurance Company 25615 INSURED INSURER B: Travelers Property Cas. Co. of America 25674 Corrective Asphalt Materials, LLC INSURER C : Consolidated Construction Safety Fund 99999 300 Daniel Boone Trail Travelers Indemnity Co of America 25666 INSURER D : tY South Roxana, IL 62087 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 CONTRACTOR 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP LIMITS MM/DD A X COMMERCIAL GENERAL LIABILITY C05P808811 3/30/2021 03/30/2022 EACH OCCURRENCE $11,000,000 � PREMISES ERENTED occcur ence 300,000 CLAIMS -MADE OCCUR $ 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 I JECOT LOC PRODUCTS - COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY BA5P758502 3/30/2021 03/30/202 Ea MINED aocid.n SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED NON -OWNED X PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR CUP5P809893 03/30/2021 03/30/202 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE s5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION WC00203360020 12/31/2020 12/31/2021 X STATUTE EORH AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT s2,000,000 OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $2,000,000 B Contractors QT6604343B838 03/30/2021 03/30/202 Leased/Rented Equipment Equipment $60,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *SAFETY NATIONAL PROVIDES EXCESS W/C INSURANCE IN EXCESS OF PROGRAM RETENTIONS. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Jefferson, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. WN] a G. I l a Pfd. IIRS G L.,,., q WRIF1\0 Uf q AG\ILei 0 City of Jefferson 320 East McCarty Street Jefferson City, MO 65101 ACORD 25 (2016/03) 1 of 1 #S32163015/M31500546 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KMVZP This page has been left blank intentionally.