HomeMy Public PortalAboutORD16350BILL NO. 2023-010
SPONSORED BY Councilmember Spencer
ORDINANCE NO. l(/350
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 $101,290.00 FOR THE 2023 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 $101,290.00 for the 2023 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: Ja,u 5; .2023
)tr-
Presiding Offi
ATTEST:
Approved: D64k (23
APPROVED AS TO FORM:
Acti it Attor
ney y
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, 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:
2023 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 2022
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 Parks and Recreation Department, and in accordance with the rates and/or amounts stated in the
bid of Contractor dated April 18, 2023, which are by reference made a part hereo£ No partial payment to
Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The
total amount of this contract shall not exceed One Hundred One Thousand and Two Hundred Ninety Dollars
and Zero Cents ($1 01 ,290.00).
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) days from the
date last executed by a party as indicated below.
4. Prevailing Wages.
Contractor represents that the work performed under this contract is "maintenance" and therefore not
subject to the payment of prevailing wage under Missouri law. Pursuant to this representation, Contractor
agrees to defend, hold harmless, and indemnify the City from any claim, cause of action, loss, damage,
penalty, fine, or judgment reasonably related to City's reliance on Contractor representation stated herein.
This duty to defend, hold harmless, and indemnify shall be in addition to any other similar obligation or
liability set forth or created under this contract.
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 Insurance 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 Band 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 8
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. Liquidated Damages.
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.
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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. Citv'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. Indemnity.
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. Supplies.
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 (1 0) 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.
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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 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
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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 ($1 00.00) 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
[Signatures to Follow on Next Page]
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CITY OF JEFFERSON, MISSOURI
Ron Fitzwate. M or
Date: D6fg4j
ATTEST:
APPROVED AS TO FORM:
Acting ( Attorney
CORRECTIVE ASPHALT MATERIALS,
LLC
Title' ember��
Date: J4 `vr-�
ATTEST:
itic: Administrative Assistant
6
orrective
s halt
aterials
April 18, 2023
Britt E. Smith, PE, F.NSPE
Operations Division Director
Je ffe rso n City Publi c Works
573-634-6450
bs mith@jefferso n ci t y mo.gov
Hello Britt,
Mailing Address:
300 Daniel Boone Trail
South Roxa na, IL 62087
Phone : 618-254-3855
Fax: 618-254-2200
Lo cation s :
300 Daniel Boone Trai l, South Ro xa na, IL 62087
43W630 Wh eeler Road , Sug ar Grove, IL 60554
EXHlBIT A
Corrective Asphalt M ate ri als, LLC, (CAM) than ks you for the opportunity to bid th e Jefferson City ro ad preservation program . Pl ease
accept the following as our formal proposal to ap p ly Reclamite Maltene Based Rejuvenating Agent to selected asp h alt p avemen t.
• Apply Reclamite to 101,290 SY of selected as phalt pavement in accordance with the Moberly Coopera tive Agreement
• CAM 's re sponsibilities:
o Furnish and apply Reclamite
o Furnish and apply lime scr ee nin gs
o All traffic control a nd signs related to project
o Handl e a ny complaints or issu es that may arise from application
• Unit Price Rcclamite: $1.00 SV
Jefferson City Res ponsibilities:
o Re sident Notification and Stree t Sweeping post app lication
Mike Sum rall, Op era tions Manager will be contacting y ou to sc h edule th e project.
Info: mike@cammidwest.co m, Cell: 630-465-4142
Billing Information (please f ill out upon acceptance)
Name : ______________________ _ Address :------------------------
Phone Number:---------
Again, thank you for the opportunity. We look forwa rd to providing our prof essional services .
Sincer ely,
Michae l Sumra ll
Operations Manager
APPROVED BY :
Sign
Co lleen West
Bu siness Development
Date
T otal Price $101,2 90.00
https://correctiveasph alt.com Reliabl e, Efficient Asphalt Prese rvation
Streets And Alleys Year Year
GrantSt 2023 2022
Norris Dr. 2023 2022
Truman Blvd 2023 2022
Truman Blvd 2023 2022
Truman Blvd 2023 2022
Truman Blvd 2023 2022
Truman Blvd 2023 2022
Antietam Ct 2023 2022
Burehrle Dr. 2023 2022
Dogwood Dr. 2023 2022
Dogwood Dr. 2023 2022
Foxboro 2023 2022
Gettyburb PI 2023 2022
Greystone Dr 2023 2022
Lynnwood Dr. 2023 2022
Melody Dr. 2023 2022
Nob Hill 2023 2022
Pondarosa Rd. 2023 2022
Shanon Dale Ct 2023 2022
Sherwood Dr 2023 2022
Taylors Rldno Ct 2023 2022
TyleiS Run Ct 2023 2022
Greenberrv Rd. 2023 2022
SCHEDULE OF QUANTITIES
2023 RECLAIMITE PROJECT
·FROM TO. .. ··•• ~il II;~/ I~;] ~~~1;;
:.: :.·! ·r:::t; ··~ , .. ., ...
Overlay 1 McCarty_St EdwardsSt 26 1835 5301 0.82 Fog
Overlay 3 Boonville Road Concrete 28 1350 4200 0.65 Fog
Overlay 3 Amazonas Dr. Ventura Dr. 45 300 1500 0.23 Fog
Overlay 3 NTen Mile Dr. Scott Station Rd. 34 4670 17642 2.73 Fog
Overlay 3 Scott Station Rd. Amazonas Dr 34 900 3400 0,53 Fog
Overlay 3 Ventura Dr. W Truman PI (P) 53 610 3592 0.56 Fog
Overlay 3 W Truman PI (P) Country Club Dr. 69 660 5060 0.78 Fog
Micro 4 Gettyburg PI End 30 328 1093 0.17 Fog
Overlay 4 Satinwood Dr. Edgewood Dr. 32 2310 8213 1.27 Fog
Overlay 4 Buehrle Dr. Edgewood Dr. 32 700 2489 0.39 Fog
Overlay 4 Stdlum Blvd. Buehrle Dr. 29 360 1160 0.18 Fog
Micro 4 Nob Hill Concrete 30 285 950 0.15 Fog
Micro 4 Shermans Hollow End 30 2160 7200 1.12 Fog
Micro 4 Concrete Gettysburg PL 31 1190 4099 0.64 Fog
Overlay 4 Stadium Blvd. Buehrle Dr. 30 525 1750 0.27 Fog
Overlay 4 Satinwood Dr. Pondarosa Rd. 31 1365 4702 0.73 Fog
Micro 4 Fairway_ Dr. Concrete 30 1800 6000 0.93 Fog
Overlay 4 Buehrle Dr. Edgewood Dr. 33 675 2475 0.38 Fog
Micro 4 Grevstone Dr End 32 620 2204 0.34 Fog
Micro 4 Concrete End 31 1570 5408 0.84 Fog
Micro 4 Sherwood Dr End 30 610 2033 0.32 Fog
Micro 4 Sherwood Dr End 30 520 1733 0.27 Fog
Overlay 5 Ellis Blvd. City Limits 28 2920 9084 1.41 Fog
Bond No.B3289095
Document A312TM - 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:One Hundred One Thousand Two Hundred Ninety And No/100Dollars ($101,290.00)
Description: Contract for Construction Services - Reclamite
(Name and location)
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: One Hundred One Thousand Two Hundred Ninety And No/100Dollars ($101,290.00)
Modifications to this Bond:
® None See Section 16
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Corrective Asphalt Materials, LLC
Signature:
Name
and Title:
I�aM
e,Yv1 b x -
SURETY
Company:
(Corporate Seal)
The Cincinnati Insurance Company
Signature:
0<i)Dupp(_
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.
Name
and Title: Brandi L. Bullock, Attorney -in -Fact
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
The Charles L. Crane Agency Co.
100 North Broadway, Suite 900
St. Louis, MO 63102
(314)444-4949
Page 1 of 4
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§ 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 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.
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
.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 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
confomvng to such statutory or other legal requirement shall be deemed incorporated herein. When so fumished, 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 added parties, 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
(Corporate Seal)
4
Page 4 of 4
Bond No.B3289095
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment 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: One Hundred One Thousand Two Hundred Ninety And No/100Dollars ($101,290.00)
Description: Contract for Construction Services - Reclamite
(Name and location)
BOND
Date: 5/3/2023
(Not earlier than Construction Contract Date)
Amount One Hundred One Thousand Two Hundred Ninety And No/100Dollars ($101,290.00)
Modifications to this Bond:
® None ❑ See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Corrective Asphalt Materials, LLC
Signature:
Name
and Title:
kckrG Tut Ilo7)
(vVember
(Corporate Seal)
The Cincinnati Insurance Company
Signature:
This document has important legal
consequences. Consultation with
an attomey 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.
tkLoMkau
Name Brandi L. Bullock, Attorney -in -Fact
and Title:
(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:
(Architect, Engineer or other party:)
The Charles L. Crane Agency Co.
100 North Broadway, Suite 900
St. Louis, MO 63102
(314)444-4949
Page 1 of 4
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 fumished 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 famished 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
attomey'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 attomey'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 eamed 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.
6
Page 2 of 4
§ 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 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 fumished 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 eamed 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 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.
7
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.
§ 16.5 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.
§ 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: Signature:
Name and Title: Name and Title:
Address Address
(Corporate Seal)
8
Page 4 of 4
State of Missouri
County of City of St. Louis
On this , before me personally appeared
Brandi L. Bullock to me known to be an Attorney -in -Fact of
the corporation described in the
The Cincinnati Insurance Company
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.
KELL V rl fkil• 7.1\1
Notary ?ubiit . Aga!
STATE O► miss, n sRi
Jeffersor County
My Commission Expires Sept 7, 2025
Commission #_11217650
•
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 Attorney(s)-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 6'" 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 Attomeys-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 revoke 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 7th 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 19'" day of December, 2018.
STATE OF OHIO
) ss:
COUNTY OF BUTLER )
On this 19'" 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.
moo.st,
rZs4 t.
THE CINCINNATI INSURANCE COMPANY
KEITH OLLETT Attorney at Law
Z �S • --::' NOTARY PUBLIC - STATE OF OHIO
•
"i
.qTE OC O sd date. Section 147.03 O.R.C.
My commission has no expiration
�1
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.
day of
this
BN-1005 (4/19)