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HomeMy Public PortalAboutORD12617 BILL NO. 97-21 SPONSORED BY COUNCILMAN Nilaes �r ORDINANCE NO.` AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH&VAUGHAN i CONSTRUCTION COMPANY FOR FIRE STATION CABINET CONSTRUCTION. " WHEREAS, Wisch&Vaughan Construction Company has become the apparent lowest t and best bidder on the Fire Station Cabinet project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,AS FOLLOWS: Section 1. The bid of Wisch &Vaughan Construction Company is declared to be the lowest and best bid and is hereby accepted. 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: '�u`'c- Approved: �U`' ,3, f -2 Lt;GG{.�v�—'`LLC.Lt u'.� Presiding Officer Mayor ATTEST: APPROVED AS TO F RM: r ACityI rk City Col or i. ,s ! 1 • i i � t t se�r Ft� t t s i 4 N , �,.iT • , t t S p. Nab- CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT,made and entered into this /7 day of June, 1997,by and between Wisch &Vaughan Construction Company,Inc.,hereinafter called"Contractor,"and the City of Jefferson,Missouri,a municipal corporation,hereinafter called"City." i WITNESSETH: THAT WHEREAS,Contractor has become the lowest responsible bidder for furnishing the supervision,labor, tools,equipment,materials and supplies and for constructing the following City improvements:Kitchen Cabinet Replacements at Fire Station#2 and Fire Station#3 and Bathroom Vanity Replacement at Fire Station#3. NOW THEREFORE,the parties to this contract agree to the following: j 1. Scone of Services,, Contractor agrees to perform the services related to replacement of the kitchen cabinets at Fire Station#2 at 2400 East McCarty Street,Jefferson City,and Fire Station#3 at 2104 Industrial Drive,Jefferson City,and replacement of the bathroom vanity at Fire Station#3,2104 Industrial Drive,Jefferson City,more particularly described in the j scope of services attached hereto as Exhibit A. 2. Manner and Time for Completion, Contractor agrees with the City to furnish all supervision,labor,tools,equipment,materials and supplies necessary to perform,and to perform,said work at Contractor's own expense in acpor ance with the contract documents and any applicable City ordinances and state and federal laws, within (ou4� an f,4)-Woking days from the date Contractor is ordered to proceed,which order shall be issued by the Fire Chief within ten(10)days after the date of i this contract. =1s 3. Prevailing Wages. To the extent that the work performed by Contractor is f;ubject to prevailing wage law,Contractor shall pay a wage `` r. + of no less than the"prevailing hourly rate of wages"for work of a similar character in this locality,as established by I 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. 3 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 workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Fire Chief each week. In accordance with Section 290.250,RSMo,Contractor shall forfeit to the City Ten Dollars($10.00)for each workman employed,for ench calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract,by the Contractor or any subcontractor under the Contractor. 4. Insurance, f f Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Comnensation Insurance for all of its employees to be engaged in work under this contract. Y2. 13. Contractors Public Linbilitv Insurance in an amount not less than$1,000,000 for all claims arising out of a single occurrence and$100,000 for any one person in a single accident or occurrence,except ,.,.. for those claims governed by the provisions of the Missouri Workmen's Compensation Law,Chapter } C4ren4.U.,+4rn.truri?rn�wixh hrm„hm"nan,npm�"n"n„IIM,17 al wpJ 1 1 287,RSMo,and Contractor's Property Damage Insurance in,in amount not less than$1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a j single accident or occurrence_ C. Automobile Liability Insurance in an amount not less than$1,000,000 for all claims arising out of I j a single accident or occurrence and$100,000 for any one person in a single accident or occurrence. D, Owner's Protective Liability Insurince Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than$1,000,000 for all claims arising out of a single accident or i occurrence and$100,000 for any one person in a single accident or occurrence, except for those i claims governed by the provisions of the Missouri Workmen's Compensation Lnw, Clunpter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting,explosion or collapse. E. Subcontracts. In case any or all of this work is sublet,Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(a),(b),and(c)hereof and in like amounts. F. Scone of Insurance and Sneciil H,irard The insurance required under Sub-paragraphs(b)and(c) hereof shall provide adequate protection for Contractor and its subcontractors,respectively,against damage claims which unny 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 ger ral 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. 5. Contractor's Responsibility for Subcontractors. 'i 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. ,.I G. Liquidated Damages. i The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work,or any separable part thereof,with such diligence as will insure the completion by the time above specified,or any extension thereof,or fails to complete the work by such time,as long as the City does not terminate the right of Contractor to 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. j ' I r 7. Termination, The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor,without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors,or if a receiver should be appointed for Contractor or for any of its property,or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material,or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract,or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. o ...... ,,,llmnal.wvd .Z. I sl 1 i i ity's Right tg2roceel, In the event this contract is terminated pursuant to Paragraph 7,then the City may take over the work and prosecute the enure 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 i 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 g g provisions are in addition to,and not in limitation of,the rights j of the City under any other provisions of the contract,city ordinances,and state and federal laws. i 9. Indemnity I Contractor agrees to defend,indemnify,and save the City harmless from and against all claims,suits and actions of every description,brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by an person or persons,or their property,by subcontractors in the construction of said work,or by any negligence or carelessness in the performance of the snme, or on account of any act or omission of Contractor,its servants,agents,or subcontractors,or arising out of the award of this contract to Contractor. 10. Rflyment for Labor and Materials Contractor agrees and binds itself to pay for all labor done,and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. i 11. aisles Tax Ex motion Effective August 28, 1994,Section 144.062,RSMo allows contractors and subcontractors to purchase materials for tax exempt projects with project-specific exemption certificates approved by the Department of Revenue. The City will supply a certificate to the contractor for this project after approval is obtained from the Department of Revenue. 12. 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 the fire Chief and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 6, 1997,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 Twenty Thousand Nine Hundred Dollars($20,900.00). r' q. 13. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions C. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawings and/or sketches e. Signed Copy of Bid f This contract and the other documents enumerated in this paragraph,form the Contract between the parties.y a These f documents are as full part of the contract as if attached hereto or repeated herein. 14. Nondiscrimination Contractor agrees in the performance of this contract not to discriminate on the ground or because of race,creed, color,national origin or ancestry,sex,religion,handicap,age,or political opinion or affiliation,against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. rT.. 3- . . t' p. rte+ ...... 1 . f 16. Notices, All notices required to be in writing may be given by first class mail addressed to the City to Fire Chief, Fire Administration,City of Jefferson,320 East McCarty,Jefferson City,Missouri,66101,and Contractor at Wisch& Vaughan Construction Company,Inc.,P.O.Box 104388,Jefferson City,Missouri,66110. The date of delivery of any notice shall be the second full day after the day of its mailing. 16. Jurisdiction, This agreement and every ry question arising hereunder shall be interpreted according to the larva and statutes of the State of Missouri. IN WITNESS WHEREOF,the parties hereto have set their hands and seals this day of June, 1997. CITY OF JEFFERSON CONTRACTOR f WISCH&VAUGHAN CONSTRUCTION COMPANY,INC. t Mayor J es B.Wisch,President i j . ATTEST: ATTEST: City Clerk Title: ere �. APPROVED AS RM: q. �. City Cou or f l 4 t 3 1` F 5 f sal .t A V. i.; 1::4rnrlrnntrru4an.7runM,nr,rurh b%�uMh.n.�n.,rwlYnVvn,rrl 11rtl7 Ul.pl d' 3 ! �. .,j +r -+�utew:C,�,,;•���f+13�,+1..(ir�',•f� fw��v!:��<::iic"L.�'f;(�3'.�'i>:�'e :ykt:�;'t::ai�+�d'.:n .e.'�.f.r.,+',r>.s ' '•' 1 0 ' 4 �µ. S r 7 s EXHIBIT A page 1 of 1 SCOPE OF SERVICES A. Contractor shall replace the existing cabinets,both base and wall. As part of the project,splash boards shall be provided and soffits replaced as needed. r B. All electrical and plumbing fixtures and connectors needed to meet the specifications shall be the ='t k 1 responsibility of Contractor. C. Contractor shall be responsible for the removal and disposal of old cabinets and cleanup unless specifically directed otherwise. • I D. All materials and products used shall be new and unused. E. All material and workmanship shall be covered by a minimum of a three(3)year warranty. S J i �$ f .5. i ;i i i, 52 5 I r ,� J5 �t � 1 t C 1 r SXf {''Y+j C.UwJWoon f=o 11ooi%1uhR Vadun of nn I"101.wpd 14, t 1 J i�"�.1` t $,.l. ' tl `.�..`�y }'A2`�5.Yr*ti�'�+>wtlx`3�''i4' .`�."�f. `" �t'V i. tsAtY:+Ki:+'.;7iSx.�.1"fJ?L"v�`a±wi���+wa"',t:✓i'.k�'+:etx'r'�;`$�.k.',2R�7-p++c$�aiSSY�'i+J'�li�ols'��y.�` " a'.�p��':�:ER4�°i�. .t '^,'::,—•";-[< e. 'S ,,5\ 'z. t�,4 4 ..y { � y 9> t� r i tit i y, -'s ��S.•h t 3t 7 :7 G, '. �. 'A, t t i}..`S t'7f .rr W1 1i; rf r �.i.t •'� ,�.. , ! t r }� t.'S 57 ,,�. r1 t 5 1 v � - t �, d S t t g$,.r'f1.'ntYbd.' •� , t I i 4 Any correspondence in rclauon to this bond should be directed to: BOND DEPT �• WAUSAU INSURANCE COMPANIES 1 PO BOX 8017 WAUSAU WI 54402.8017 1-800-435-4401 US GROUP Bond No. 0751-18-050053 ; Performance Bond IC`IOW ALL MEN BY THESE PRESENTS: ' That Wisch & Vaughan Construction Company, Inc. Dim: r (Hero macrt lull name and dd—or Ic6a1 Utle of cu-n or) i P.U. Box 104388, Jefferson City, MO 55110-4388 j as Principal,hereinafter tailed Contmctor,and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,as Surety, hereinafter called Surety, are held and fumly bound unto City of Jefferson, 320 13. McCarty St., Jefferson City, MO 65101 IHcra mrcrt(ill name and Wdroaa or legal ude e(Ovaerl � ienty Thrnrsand Nine II ndr�d and no/100 as Obligee,hereinafter called Owner,in the amount of Dollars($ 20,900.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs,executors,administrators,succe Jointly and severally, firmly by these presents, ssors and assigns, WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Kitchen Cabinet Re lacementS at Fire Station 2 and9Firre I Station #3 and Bathroom Vanity Replacement at Fire Station ff3. (Hero meerc full name,addreu and dearnpaoa of projoat j in accordance with Drawings and Specifications prepared by ;� (Hero insert full mina.Wdraa and dncription of MchitxYJ i which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwisa it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may prompdy remedy the default,or shall promptly 1) Complete the Contract in accordance with its terms and conditions,or 2) Obtain a bid or bids for completing the Contract in accordance wids its terms and conditions,and upon determination by Surety of the i lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner,and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Sureety may be liable hereunder,the amount sec forth in the first paragraph hereof. The term'balance of the contract price,'as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be institutud before the expiration of two(2)years from the date on which final payment under the Contract falls due or before the expiration of one(1)year from the Date of Substantial Completion of the Projec4 whichever is later. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,administrators or successors of the Owner. Signed and sealed this 17th day Of., June 1992-- Emolovers Insurance of Wausau A Mutual Company tswt wtmna I run E LOVERS INSURANCE OF WAUSAU A Mutual Company Smry By t ru L SC 33 4, m-Fact 08.9-9 --3 r- Bonnie S. Caruthers l No. 207-027- 0119 1. r Ei'V RM.RS INSURANCE OF WAJS(U A Mutual Company POWER OF AT'T'ORNEY e KNOW AI.I.MIEN BY THESE PRESENTS: That till,1•:MPLOYEIIS INAt1I(ANC11 OF WAUSAU A Mutual Company.it corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the City of Witusau,County of Marathon.Slate of Wisconsin,has made,constituted and appointed,and does by this,presents make.constitute and appoint _ BONNIE S. CARUTHERS its true and lawful attornl-v•irrfact,with full power and authority h,rebv conferred in its name,plan,and stead,to expe•ute, seal, ucknow•ledve and deliver ANY Of( At.[,BONDS, UNDERTAKINGS,RECOCNI7.ANC'FS Oil OTHER WRITTEN OBLIGATIONS IN'I'll E NATURE'THFJ(EOF NOT TO EXCEED THE PENAL SUN OF TWO MILLION FIVE z HUNDRED THOUSAND DOLLAR (;2,500,000). O LU and to hind the corporatiun thereby its fully and to till-stun,extent as ifsuch bonds were signed by tit(-President,settled with th,corporate send of the corporation and dilly attested by its seerebnry hereby rati fving and confirming all that the said — uu(aney'imfnrt[tiny du in till-premises. QThis powerof(utorneyisgrontedpurswrnt it,thofulluwingresalution adopted hythoHunrdu fUirer(orsafsaidCnnlpanyatit W meeting duly called and held on the INIh day of May,1973,which resolution is still in effe•el: IL "HESOLVED.that the 1'msidenl and any Vice President—elective or appointive—of EMPLOYERS INSURANCE,OF Q W'AUSAII A Mutual Company be,and that each of thl,nn hereby is,authorized to exe(•ut,puwprs of attorney qualifving F— the attorney named in the given power ofattnrneytoexecuteonbehalfufE NIPLOYERS INSURANCE OFWACISAII A p Mutual('.)Initially bonds,undertakings and all contracts ol'sumtyship;and that nnysl,c•retary or assistant secretary he, Z and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach U) thereto lbe seal of EMPLOYERS INSIIRANCF. OF WAtISAII A Mutant Company:' W •'FUI(H IEHRKSOI'VEU•that th,s ignaturesafsu(•hnffi(•ersandlhosts alofFNI PLOYERSINSURANC'EOFWAUSAU ❑ A Mutual Company may he affixed la any such plover of attorney or to a llyc•ertilicate relating thereto by facsimile,and F ;Ili such powerofatt urneyor certificate bearingsuch facsimile signatures aml Gnesimily.4val shall In-valid and binding z upon the 1•31I11,01'ERS INSURANCE OF WAUSAU A Mutual Company whl•n soaffix(-d nod in the future with respect W to any hand, underlak•ing or contract of suretyship to which it is •alnched." W INWITNK SSWHEREOF.EMPLOYERS INSURANCE OFWAUSAUA Mutual Co mpany has caused these presents tobe Qsigned by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day of ' NOVEMBER 19 94 to EMPLOYERS INSURANCE OF WAUSAU A Mutual Company SEAL By t� J J.Stephen Ryan / G Vice President z Attest: O +' R.J.B steman Assistant Secretary Q STATE OF WISCONSIN 1 LL O COUNTY OF MARATHON 1 W On this 1ST day of NOVEMBER ,1994_,before me personally came . J.Stephen Ryan ,to me known,who being by me duly swom,did depose (L and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany,the corporation described in and which p executed the above instrument;that he knows the seal of said corporation:that the seal affixed to said instrument is such corporate seal and that it was so J affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. > P,wI1 NPSS W'HFItFOP.1 have hereunto set my hand and allixed my official seal the day and year herein first above written. Q O U) Patricia A.Weman Notary Public = NOTARY PUBLIC =; ~ OF l'A'I'F: W'ISC'ONSIN l STATE OF WISCONSIN STATE 1 CITY OF WAIrSAU I ss. MY COMMISSION EXPIRES MAY 24,1998 (;'�••"t.} ('011 NTY0 FMAItATI10N a CERTIFICATE 1,the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,it Wisconsin corporation. do her,hy certify that the foregoing and tntnrhed power of attorney, WHICH MAST CONTAIN A VA1.1 DATING STATEMENT PRINTED IN THE MARGIN THEREOFIN REU INK,remains in fall force and has nut been rt•vuke(I:and furthermore t hat the resolution tuf the Board of Directors set fort It in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 17th day trxY`h of •,SEAL 1 R J.Restcman Assistant Secretary NOTE IF 1'(11' HAVE ANY OUhSTIONS REGARDING THE VAIJI)ITY OR WORDING OF THIS POWER OF A17ORNVY.CAl.l.TOLL,FREE(800)t(°B 1661 1 I WISCONSIN,CAI.LtNonl•172-nndD. A fY f ` r , • IIr 1 ( A coticapondcnco in relation to this — I bond should bo directed to: BOND DEFT � WAUSAU INSURANCE COMPANIES PO BOX 8017 WAUSAU Wi 54102-8017 NATWNWMVIMURANCE GROUP '. 1-800-435-4101 Bond No. 0751-18-050053 INSURANCE R EVVED Labor & Material Payment Bond By: KNOW ALL MEN BY THESE PRESENTS: Date: 1 That Wisch & Vaughan Construction Company, Inc. �I (Hero insert fun same sod sddrua or legal tide of Contractor) P.O. Box 104388, Jefferson City, MO 65110-4388 as Principal, hereinafter called Principal,and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,as Surety, hereinafter called Surety,are held and firmly bound unto City of Jefferson, 320 E. McCarty St., Jefferson City, MO 65101 (Hero insert full earns and eddreu or legal We of oaraer) as Obligee,hereinafter called Owner, for the use and benefit of claimants as bereinbelow defined,in the amount of Twenty Thousand Nine Hundred and no/100 Dollars( $20,900.00 ), ! (Hero invert a sum equal Lost least one-half of the conuaet price) for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents. 1 ) WHEREAS,Principal has by written agreement dated June 17 , 19 97 entered into a contract with Owner for kitchen Cabinet Replacements at Fire Station 112 and Fire Station 113 and Bathroom Vanity Replacement at Fire Station 113. .. ( (Here insert lull tame,address and descnption of project) . in accordance with Drawings and Specifications prepared by (Here iasen full name nod sddreas or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material,or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power, light,heat,oil,gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. SC0019 Page l 08-93 See next page F. i 1 i I o suit or action shall be commenced hereunder by any claimant: � J i a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial ! .: accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall he served by mailing the same by registered mail or certified mail,postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contract or after the expiration of one(1)year following the date of Substantial Completion of the Project,whichever is later,it being understood, however,that if any limitation embodied in this bond is prohibited by any,law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. and sealed this 17 day of June 19 97 . _S,iisch & Vaughan Construction Company, Inc. w,ustar �- rru EMPLOYERS INSURANCE OF WAUSAU A Mutual Company y , Surety tswp By --y"°-F.et Donnie S. Caruthers EF 1j I SC0019 Page 2 08-93 Lent page .! ;i,_ .,• .,.. w.s.,wr:aucraa�S"ti.4 5>.T�+"=xA""� `i � f • •tai •, .. ` ` " - No. 207-027- 0 119 2 EMPLOYERS INSUMCE Of WAUSAU A Mutual Company „I POWER OF ATTORNEY KNOW ALL MEN It)''THESE 1'Kh.SENTS: rya I'h:eI the ENII'LOl'ENS INSIIHAN'CE OF WAI1SAl1 A Mutual Company,n corporation duly urgantred and existing under ( 9f the laws of the State of,Wisconsin,and having its principal office in the City of Wausau,('aunty nl'Marnthon,SUtte of Wisconsin,hos mode,constituted and nppointed,and clops by these prevents make,constitute rind appoint BONNIE S. CARUTHERS its true and lawful attorney-in-fact,with full power and authority hereby conferred in its mane,place and stend,to execute, seal.acknowledge and deliver ANN' OR ALL I3ONI)S, UNDERTAKINGS. RFCOGNI7.ANCE'S OH OTHER WRIT'I'EN y OBLIGATIONS IN'I HE NATURE.THERE01- NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE ' z HUNDRED THOUSAND DOLLAR ($2,500,000). 0 w and to hind the corpornt ion thereby its fully iuid to the stun(extent ns i1'such bonds were signed by the President,settled with the corporate seal of the rorpurirtion and duly auratrri by it6 srcietnry hereby ratifying and confirming all that the said - - attorney in-fact may do in the premises. CQC This power ofaltorne yis granted pursuani tit the following re•solut ion adopted by the Board n(l)irectorsofsnidCo.opanynlri W nuvaing duly t ailed and held on the 18th day of May.1117;1•which resolution is still in effect: a '•RESOI XI-A),that tire l'msidentnnrl any\'lee President—elsetice or appointive—ofEMl'LUN'IsRSINSURANCF:OF Q 11•AIISAII A blatant('umpany be.and I hnt(-ac•h of them hereh)•is,nothorized to execute powers of attorney quniifying H the attorney named in the given power ofatlurncy to exec•uleon bohnlfof EMPLOYERS INSURANCE OF WAUSAI)A Mutual Comp:my bonds,undertnkint;s and till contr:u•lsof surer}s:hqr and tint any secretary or assistant secretory be. z and that cac•h or imy of them herchy is,authorized to attest the execution of any such power of attorney,and to nitach U) thereto the seal of EMPLOVERS INSURANCE OF WAUSAU A Mutual Company.— � . "FUH'1'IIF:k UESOI.1•ED.thatthosi)tnat uresnfsuchufficersandlhesealofEMPL OYERSINSLIRANCEOFWALiSAU 0 A Mutual Conipony may he affixed loamy such power of ntturncy or loony certificate relnitrig theretoby facsimile.and nny such power ufulturney or certificate bearing such fit sign:uure•s and f n-simileseal shall be valid rind binding z upon the EMPLOYERS INSURANCE OF WALISAU A Mutual Company whensouffixod and in lhefuturewith respect W to on}• bond, undertaking or contract of suretyship to which it is nttached." W IN 11ITNF:SS WIIEREOF,EM111.0N'ERS INSURANCE OF WALI,4AU A Mutual('ompnny has caused these presents to be ~ signed b the vice resident and attested b its assistant g Y P Y•• secretary,and its corporate seal to be hereto affixed this 1ST day of Z to NOVEMBER Iq 94 , EMPLOYERS INSURANCEOF WAUSAU A Mutual Company / SEAL.r' By �•.f�e /4' L�— Ryan J.Stephen an >� Vice President Attest: , R.J.R sleman Assistant Secretary l Q STATE OF WISCONSIN 1 i 1.1- l s. cc C'OUNTN'OF MARATHON ) cc w On this 1ST day f NOVEMBER Ig y Q4 before rise personally came J.Stephen Ryan to me known,who being by me duly swom,did depose IL and say that Ire is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutuaiCompany,the corporation described in and which 0 executed The above instrument;that he knows the seal of said corporation;that lire seal affixed tosaid instrument is such corporate seal and that it was so .. J affixed by order of The Board of Directors of said corporation and That he signed his name thereto by like order. IN wi I.%uss Wit Fit OF.I hint hereunto set m) hand and idlixed my(i171cial seal the day and year herein first above written. Q Patricia A.Kiernan Notary Public = NOTARY PUBLIC STATE OF WISCONSIN ( t F' STATE OF WISCONSIN i MY COMMISSION EXPIRES MAY 24, 1998 ( ITN'OF W A I I S A U ass. COUNT)'OF MAI{ATHON i C'ERTIF'ICATE -- I.The undersigned,assistant secretary of EMPLON'FliS INSIMANCE OF WAUSAU A Mutual Company,it Wisconsin corporation, do hereby certifY that the foregoing and attached power of ntturncy, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARLIN THEREOF IN RED INK,remains in full force and has not boon re•vokcd,and furthermorethat the resolution oftheRnurdof Uireewrsset forth in thepowerohulorney instill in force. Yj Signed and sealed in the City of Wausau,Marathon('aunty,State of Wisconsin,this _1 7th day �_. . of.—_June _ 1!)47_. P. SEAL; R..I.Rcstcman Assistant Secretary NOTE IF )1'0 1' HATE ANN' (IUESTR)NS I{E(;ARL)IN(I TIII•' VA1,I11ITN' Olt WONDING OF THIS POWER OF A'I"I'O'{NF;1'.('AI.I.'I'OI,I.FRF:E lxnrn xlfi•It 1;1 I IN WISCONSIN.('AI.I.tnnu)•fTLnUa U. t t I C S t 'P RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION { ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Winter-Dent E Co:Bpany HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _ Jefferson City MO 65102-1046 COMPANIES AFFORDING COVERAGE COMPANY o. 573-634-2122 FeXN°.573-636-7500 A Travelers Insurance Company �D COMPANY B Builders Assc. Sol£-Insurer3 COMPANY C Wisch and Vaughan Construction y P.O. BOX 1043BB COMPANY Jefferson City MO 65110 D COVERAGES.'.'. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABO F ;OD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER S CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED ERM S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUTABER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY BODILY INJURY OCC $ A Y. COMPREHENSIVE FORM PH660105X4374TIA96 12/31/96 12/31/97 BODILY INJURY AGO $ PREMISES/OPERATIONS PROPERTY DAMAGE OCC $ UNDERGROUND PROPERLY DAMAGE AGG $ EXPLOSION d COLLAPSE HAZARD PRODUCTSICOMPLETED OPER St 6 PD COMBINED OCC $2000000 . CONTRACTUAL B16 PD COMBINED AGG s2000000 INDEPENDENT CONTRACTORS PERSONAL INJURY AGO $1000000 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ A X ANYAUTO PJBIO105X4374TIL96 12/31/96 12/31/97 (POfPO50n) ALL OWNED AUTOS(Private Pass) BODILY INJURY ALL OWNED AUTOS (P.—id-1) $ (Other Vhan Private Passenger) HIRED AUTOS PROPERTY DAMAGE $ „ NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY& PROPERTYDAMAGE $1000000 COMBINED EXCESS LIABILITY EACH OCCURRENCE $1000000 . A PqUMBRELLAFORM PSMJCUP105X437TIL96 12/31/96 12/31/97 AGGREGATE s2000000 OTHER DIAN UMBRELLA FORM S 1 WORKERS COMPENSATION AND . EMPLOYERS'LIABILITY EL EACH ACCIDENT _ $100000 B THE PROPRIMORJ INCL 0429 01/01/97 12/31/97 EL DISEASE-POLICY LIMB $500000 PARTNERSIEXECLRIVE OFFICERSARE: EXCL ELDISEASE-EA EMPLOYEE 5100000 OTHER A Installation Float PH660105X4374TIA96 12/31/96 12/31/97 ONE SITE $600000 DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESISPECIAL ITEMS Replacement of kitchen and bathroom cabinets at Fire Station #2 and #3. I CERTtFICATEHOL'DER.'.'. .'.'.'.'.'.'.'.'.'.'.','.'.'.'.'.'.'.'.'.'.'.'CAINCELLA.TION'.'.'.'.'.'.'.'.'.'.'.'. JEFFE-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ,. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, . "�- BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY City Of Jefferson 320 East McCarty OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Jefferson City MO 65101 AUTHOIftIZIED REPRESENTATIVE AC�Rp a�N H 6i .0 PFVtt0 OORPMA`FIO(J oil, III i r , F , • is �. �y + �y/��1p^► BIN p P,If�'A�p.'.'.' DATE(MMR)D/YY) l CAM ,'IK.SU��R'�1'41•►.E.�.�7�'1�1�/.�1', .' .O 06/10/97 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. HUNEz PRODUCER PI NO No Ext: 573-634-2122 COMPANY 01NDER# 59•, o,E,d); — — Travelers Insurance Cof an DATE TIME DATE TIME Winter—Dent A Company Box 1046 X A I X 112.01 AM person City MO 65102-1046 06/06/97 1 12:01 PM 07/06/97 NOON I X THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SLID CODE: PER EXPIRING POLICY#: BNDWISCH-10CP I , CUSTOMER ID' WI3CH-1 DESCRIPTION OF OPERATIONS!VENICLESIPROPERTY pnaludlnp Location) AUEN ,. Re lacement and construction of kitchen and INSURED bathroom cabinets at Fire Station #2 S $3 City of Jefferson 320 E. McCarty Street Jefferson City MO 65101 .'.'. . .'.'. . ...'. . . . . . . . . . . . . . . . . . . . . . . . COI!@RAGHS' LIMITS' TYPE OFINSURANCE•• COVERAGE/FORMS AMOUNT DEDUCTIBLE COINS% ? PROPERTY CAUSES OF LOSS BASIC D BROAD O SPEC I GENERAL LIABILITY GENERAL AGGREGATE s2000000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO S CLAIMS MADE F-1 OCCUR PERSONAL&ADV INJURY $ X OWNER'S a CONTRACTOR'S PROT EACH OCCURRENCE $1000000 FIRE DAMAGE(Any one fire) S RETRO DATE FOR CLAIMS MADE: MED EXP(Anyone person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY(Per Person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE $ ED AUTOS MEDICAL PAYMENTS $ N-OWNEDAUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST S ' S AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES Lj SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT S j OTHER THAN COL: OTHER OARAOELIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ . UMBRELLAFORM AGGREGATE S OTHERTHAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION S STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ ' EMPLOYER'S LIABILITY DISEASE•POLICY LIMIT $ DISEASE-EACH EMPLOYEE S Wisch and Vaughan is responsible for premium and audit. CONDITIONS, I OTHER OWERAOES l I NAME'A'ADDRESS.','.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'•'•'•'•'•'•'•'•'•'•'•'•'•'•'•'•'• I MORTGAGEE ADDITIONAL INSURED LOSS PAYEE I ' LOAN# ' - AU,TTHORIZED REPRESENTATIVE 1 I �- ACdRhyd.6112199�. SOT .IA�PO��ANt'$TAtE.FI}FOFiIIIgFIOfFM-AT;FAC,Heo $ , , , .'.'0MORONI `FI,Ofhj90a-: tA { r ' i 11 � m p CONDITIONS This Company binds the kind(s)of Insurance stipulated on the reverse side.The Insurance Is subject to the terms,conditions and limitations of the policy(les)in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective.This binder may be cancelled by the Company by notice to the Insured In accordance with the policy conditions.This binder is cancelled when replaced by a policy,if this binder is not replaced by a policy,the Company is entitled to charge a premium for the binder according to the Ruleq and Rates in use by the Company. Applicable in California When this form is used to provide Insurance in the amount of one million dollars($1,000,000)or more,the title of the form is changed from"Insurance Binder'to"Cover Note". 1; Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real �1 property shall accept as evidence of Insurance a written binder issued by an authorized insurer or its agent if JJ the binder includes or Is accompanied by:the name and address of the borrower;the name and address of the lender as loss payee;a description of the insured real property;a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten(10)days prior to the cancellation;except in the case of a renewal of a policy subsequent to the closing of the loan,a paid receipt of the full amount of the applicable premium,and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 I i Applicable in Nevada „ Any person who refuses to accept a binder which provides coverage of less than$1,000,000.00 when proof is required:(A)Shall be fined not more than$500,00,and(B)is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. i t ACQRh f s 11�le�1: ' ' rri r�..�:M1Ytr'k..,,., .1�F:'(4"r.i. •.:1..::t....b'., ,.,.r„ .... ::f.,. ..... ...,.......w...«•.....,«a.�......,-.__._..__...... _...,�. TY:.•,l'W','.'.a.v r.r rn.�.m..«.w.�.....— ..—`^vp' f i - FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT:Bid 1695-Cabinets- Stations 2 and 3 Fire Department,Opened May 6, 1997 BIDS RECEIVED: Wisch& Vaughan Construction, Jefferson City, MO Lump Sum Bid: Options: Station 2 $ 8,000.00 1. Base&Wall Unit(2) $1,900,00 Station 3 $10,000.00 2. Base Unit(3)3 $1,750.00 3. Vanity(3) $2,900.00 FISCAL NOTE: Several remodeling projects bid by the City recently were rebid when only one bid was received. The rebidding y price has increased as well. The department wishes o laccept in then nl additional received bidders and the bid sum cabinets at Fire Station 2 and 3 and Option 3. Options 1 and 2 will be rejected. The total cost$20,900. 1000-32000-7000-0030 Purchase/Improvement-Land and Building Budgeted 1996-97 $35,000.00 Expended _0_ Encumbered 592.00 Bid 1695 i 20.900 00 Balance $ 13,508.00 PAST PERFORMANCE: Wisch and Vaughan Construction of Jefferson City Missouri has successfully completed other work for the City in the past. It is felt this vendor, can meet the requirements of this bid, RECOMMENDATION: The Fire Department recommends the award of this bid to Wisch and i Vaughan of Jefferson City,Missouri. ATTACHMENTS-SUPPORTING DOCUMENTATION Tabulation of Bids I , j Signature: + �- ' Purchasing Agent Department Director r , y. 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