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HomeMy Public PortalAboutORD10231 BILL NO. ��'! SPONSORED BY COUNCILMAN ,� �l�ars-tom ORDINANCE NO. IP2 31 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TWEHOUS EXCAVATING CO. , INC. FOR THE 1984 PHASE II SEWER PROJECTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Twehous Excavating Co. , Inc. for the 1984 Phase II Sewer Projects for the sum of $153 , 375.39. Section 2 . The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved Presi ng Officer Mayor ATTEST: i'tV 1 • .. CONTRACT FOR PUBLIC WORK UT;lIss -Contract i made 'and entered into this 49) day of 198 , by and between the City of Jefferson, Misso ri ( ity) , and Twehous Excavating Co. , Inc. (Contractor) . WHEREAS t e City Council of the City of�efferson, Missouri , did on the day of ti 198_, award to the Contractor the bid of the imp vement of 1qg4 phaca TT gpwpr Proiects NOW, THEREFORE, for and in consideration of the awarding of this Contract and the work thereunder b.y City to the Contractor, the Contractor does hereby contract and agree to do and perform said work, above specified and referred to, for the following prices and to accept in payment therefor: . 1. Monies from the treasury of the City, upon acceptance of said work by the City Council of the City. The approximate quantities , unit prices and total amounts are as shown in the itemized proposal attached hereto as Exhibit "A" . Upon completion of the work, readjustments in the Contract price shall be made according to actual measurements and at the price per unit specified in the Contract . It is agreed and understood by the parties hereto , that this Contract is entered into subject to all existing ordinances of the City pertaining to the work awarded and subject to the plans and specifications and estimates of the costs for work on file in the office of the City Clerk, and which shall be considered a part of this Contract ; that all questions arising as to the proper perfor- mance of this contract of such work in accordance with the plans and specifications therefor , and estimates thereof , shall be decided by the Director of Public Works of the City of Jefferson, Missouri , or by such competent person appointed by the Mayor and the City Council of the City of Jefferson to supervise and superintend said • work in the-place of and instead of such Director of Public Works; that in the case of improper construction , the City reserves the right at any time to suspend , relet or order an entire reconstruc- tion of the work; that Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within _ sixty ( 60 ) working days thereafter. The City reserves the right at any time to suspend, relet or order an entire reconstruction of the work awarded and to declare the contract forfeited , but such suspension, reletting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor 's noncompliance with this Contract . Liquidated damages of One Hundred Dollars ( $100) per day will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof . The Contractor agrees to pay all classes and crafts of labor sed in the performance of this Contract - the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations and Contractor acknowledges that he knows the prevailing hourly rate of wages for all the classes and crafts of labor to be used in the performance of this Contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No . 4-026-102 in which the rate of wages are set forth. The Contractor further agrees that he will keep an accurate record showing. the names and occupation of all workmen employed by them in connection with the work to be performed under the terms of this Contract . Record shall show ' the actual wages paid to said rt workmen inn connection with the work to be performed under the terms of this Contract . Contractor further agrees that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other authorized employee of the City. In compliance with the Prevailing Wage Law, as amended in Sections 290.210 to 290. 340 inclusive, SMo 1969 ;',effective October 13, 1969 , not less than the prevailing hourly rate of wages in the Jefferson. City area shall be paid to all workmen performing work under this Contract , Section 290. 250. The Contractor shall forfeit to the City Ten Dollars ( $10) for each workman employed, for each calendar day, or portion thereof, such workman is paid less the stipulated rates for any work done under said Contract , by him or any subcontractor under him, Section 290. 250. Contractor agrees to completely indemnify and hold harmless the City for any and all damages , injuries , actions , costs , attorney 's fees and all other expenses whatsoever, arising out of the performance . of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties , in no manner connected with said work. All interlineations , corrections , Ideletions and changes herein have been prior to the execution of this Contract . Contractor shall procure and maintain during the life of this Contract: a. Workman ' 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 Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ( $100, 000) for any one person in a single accident or occurrence , except for those claims governed by the provisions of- the Missouri Workman 's Compensation Law, Chapter 287 , RSMo , and Contractor ' s Property Damage Insurance in an amount not less than Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand " rtDollars ( $100, 000) for any one person in a single accident or occurrence . C. Automobile Liability Insurance in an amount not less than Eight Hundred Thousand Dollars ( $800, 000) for all claims arising out of a single occurrence and One Hundred Thousand Dollars ($100, 000) for any one person in a single accident - rQr occurrence . ' d. City Listed as Additional Insured : The City shall be listed as an "Additional Insured" on the Contractor 's public liability insurance and automobile liability insurance policies . e. The Certifications of Insurance furnished to the City showing proof of compliance with these insurance require- ments . shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least ten (10) days prior written notice has been given to the City. IN WITNESS WHE OF, the parties have hereunto set their hands and seals this j�Eday of 198 CITY OF JEFFERSON, MISSOURI • By Mayor Attest : City Clerk `"�Lvf�v d 5 �f[C.4 VA 7'/�✓'�G Cam•/ .ANC Contractor Attest: . a rt a iTLMIZEU PRUPUSAL PS 114 (Reconstruction) r Cottage Lane ITEM ~- APPROX. UNIT NUMBER CLASSIFICATION UNIT QUANTITY PRICE AMOUNT 1 . 0 8" Sanitary Sewer Pipe °,c (in place) L.F. 779 2.0 Ditching and Backfilling f� ;7`5-G0 °t (0 '-61 ) L.F . 540 2. 1 Ditching and Backfilling ( 6 ' -8 ' ) L.F . 239 2. 2 Ditching and Backfilling (8 ' -101 ) L.F . -- -- -- 3.0 Standard M.H. ��GQ' s'p067 oc (0 ' -61 ) EACH 5 3. 1 Extra Depth M.H. � = 7o r (Over 6 ' ) V.F . 0. 35 °�`�� 4.0 Standard L.H. EACH 2 AM 0 Connection to Existing M.H. EACH 2 6.0 Rock Excavation C.Y. 25 ca ©off cr 7. 0 4" Lateral Connection L.F . 250 1 8.0 Seeding and Mulching L.F. 630 ,s- 3/s-O 9 .0 Standard Outside Drop f pp oc -50 v0 c� _2 EACH 1 10. 0 Street Restoration L.S. 00D ti ` Subtotal ` PS #110 Vista Sewer op ITEM APPROX. UNIT MBER -__ CLASSIFICATION UNIT QUANTITY PRICL AMOUNT 1 .0 8" Sanitary Sewer Pipe e-0 o� (in place ) L . F. 1506 .�i r �� 04e 2.0 Ditching and Backfilling zr z - (0 ' -61 ) L.F. 613 2. 1 Ditching and Backfilling op (6 '-81 ) L.F. 830 3 f9, dga 2. 2 Ditching and Backfilling el0 -a ( 8 ' -101 ) L. F. 63 %GG - 3. 0 Standard M.H. =` (01 -6l ) EACH 6 3. 1 Extra Depth M.H. o�• �C' (Over 6 ' ) V. F. 1 , 28 /CEO 4.0 Standard L.H. EACH " eo 3 5.0 Connection to Existing M.H. EACH 1 SOD .3o0 eo . 0 Rock Excavation C.Y. (Estimated) 50 00 /o�ODD 7.0 4" Lateral Connection L.F. 690 8.0 Seeding and Mulching L.F. 420 6 So 9.0 Concrete Encasement L.F . 10 10.0 Street- Restoration L. S . ( 000 a Subtotal 1 ¢ zinc- SD #38 -Extension (Leslie and Moreau ) GITEM -- APPROX. UNIT ' NUMBER CLASSIFICATION UNIT QUANTITY PRICE AMOUNT 1 . 0 8" Sanitary Sewer Pipe cZ G � (in place) L. F . 547. 71 to .saZS'� 2.0 Ditching and Backfilling c� 6 (0 ' -61 ) L.F . 482. 71 g �~ -� S' & 2. 1 Ditching and Backfilling ( 6 ' -81 ) L.F . 65 2. 2 Ditching and Backfilling (8 '-101 ) L. F . -- 3.0 Standard M.H. e1c oc -6 ' ) OO(0 ' 3. 1 Extra Depth M.H. 'co c (Over 6 ' ) V.F . 1 . 25 4. 0 Standard L.H. EACH 2 ee 5. 0 Connection to Existing M.H. EACH 1 2,S-0 6.0 Rock Excavation C.Y. 25 BOO 7.0 4" Lateral Connection L.F. 400 8. 0 Seeding and Mulching L.F. 550 °O /�aSD e • Subtotal U Grand Total rt n CERTIFICA'TF OF INSIIRANCI: Wausau Insurance companies This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued. Q Is certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy ferred to heroin. THIS CERTIFICATE REPLACES ONE ISSUED ON 7-18-84 . Name and oddress of Insured Twehous Excavating Co . , Inc . I Producer No.: 2 13 9 Rt . #3 , Hwy . 50 East Place: Columbia , MO Jefferson City, MO 65101 Date Issued: 7-31-84 Region: CUM-SL(02O) -KC J Kind of Coverage t Expiration Date Policy Number Unless otherwise indicated, this policy affords full coverage under the Workers' Compensation laws of all states(except states where coverage can be provided only by Workers' State Funds,and Canada)and as designated in the policy and endorsements forZcXdV4cK Compensation* 3 2-1-85 0715 0 0 048202 }e Employers'liability. Limits of liability Comprehensive Bodily Injury Property Damage General liability 2-1-85 0 7 2 5 00 048202 ' 500,000 . Each Occurrence $100,000 . Fach Occurrence Special Multi-Peril or Aggregate Trackmark(Section II only) $5 0 0,O n O_ Aggregate S 1 0 Q,o 0 0 _ Products-Completed Operations: N Included ❑ Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: [V Included ❑ Not Covered $ Aggregate Owners', Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Contractual Liability $ Each Occurrence $ Each Occurrence 'goofed Contracn y $ Aggregate Single Limit E Each Occurrence $ Aggregate Automobile Liability LiJ 2-1-85 0 7 2 5 02 048202 f Per Person f(All owned Autos ( Hired and Nonowned Autos f Per Accident f Per Accident ❑ Specified Autos Only Single Limit $ 5 0 0 ,0 0 0 . Per Accident $5, 000 000 . Each Occurrence Umbrella s5,000 000 Aggregate Products-Completed Operations Liability 1 2-1-85 0735 07 048202 $ 10 , 000 . Retention Special Ptrovisions/Lo¢atbms/Specifled Autos: If any policy described above is canceled during its term by the company or the coverage afforded by it is reduced , the company will mail notice ten (10) days before the effective date of such cancelation or change to the company named below. ADDITIONAL INSURED : City of Jefferson , 320 E . McCarty , Jefferson City, MO with respect to policy no ' s . 0725 00 048202 , 0725 02 048202 and 0735 07 048202 . RE : 1984 Phase II Sewer Projects . Not withstanding on(requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afford- ed by the policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the ierm(s)thereof. j7he entry of a number in this column means that the eovemgo is afforded by the company designated by the same number. Issued to: Issued by (1.) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company e City of Jefferson (2.) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 320 E . McCarty (3.) WAUSAU UNDERWRITERS INSURANCE COMPANY Jefferson City , MO 65101 (4.) WORLDWIDE UNDERWRITERS INSURANCE COMPANY • Signed Aulhorlrad Company Repr ntonve 082 (S)155796 C/ Wausau�e , Duplicate of A I A form A311/CM June 1980 Edition ��,, • V 11 sau insurance Any correspondence In relation to this bond should be directed to: Wausau Companies Surety Underwr tingCompanies IFI.r R 2000 Westwood Drive THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Box 150 BOND IN FAVOR-OF THE OWNER CONDITIONED ON THE Wausau,Wisconsin 54401 FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond Number 0750-26-049202—r LABOR& MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Twehous Excavating Company , Inc . 1 Here m,co full name and addres,or lend talc of Cont tact") Rnn a #'A. l-lighwgy 50 Fast- Jefferson City , Missouri 65101 as Principal,hereinafter called Principal,and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company , I Ilcre m,crt full name and addrm or legal tide nt Surety) 2000 Westwood Drive , Wausau , WI . ,as Surety, hereinafter called Surety,are held and firmly bound unto City of e erson 320 E . McCarty, Jefferson City , MO 65101 I Ilcre inwti lull name.md addre„w legal tine of 0%ner) as Obligec, hereinafter called Owner for the us and benefit of claimants as hereinbelow defined, in the amount of One Hundred Fifty Three 'Thousand Three Hundred Dollars($ 153 , -375 . 49 ) Seventy Five D '11 TetiT?-ty''r'Nil"1 -Cents for the payment whereof Principal and Surety bind themselves, their heirs. executors, administrators, successors and assigns,jointly and severally. firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for 1984 Phase I I Sewer P r o j e c t (here m,crt lull n.unr.addre•„and description of project) in accordance with Drawings and Specifications prepared by I Here m,crt toll name and addre-or legal title of Architect) ARk which contract is by reference made a part hereof.and is hereinafter referred to as the Contract. NOW.]'HERF.FORE.THE CONDITION OF THIS OBLIGATION i+tiuch that,it 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 he void:othcrwisc it shall remain in full force and effect,subject,however.to the following conditions: I. A claimant isilc(incdasonc ha%inga direct contract with the Principal or uilha 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 aho%c named Principaland Surety hercbyjointly and sc%crallyagree%%ith the Owner that every claimant as herein defined.who has not been paid in full before the expiration ofa period of ninety(90)days after the date on which the last of such claimant's work or L•Ihor was done or performed,or materials were furnished by such claimant,may sue on this bond for the INC of such cfaimmua.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 he liable for the payment of arty costs or expenses of any such suit. 3• No suit or action shall he commenced hereunder by anv claimant: a) Unless claimant.other than one having a direct contract with the Principal,%hall ha%c gi%en written notice to an%,two of the following:The Principal.the Owner.or the Surety above maned.within ninety(90)day's after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid•in an ens elope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for Inc transaction of business,or served in many manner in which legal process maybe served in the state in which the aforesaid project is located,save that such service need not be made 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(I)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 .imitation shall he deemed to he amended so as to he equal u)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 theextent 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. Signed and sealed this 25th day of July , 1984 �-� Twehous Exc eating Company. Tnc . r7/a (Principal) (Seal) (Witness) J J Ily.___•- �-�y (Title) CD1 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company (Surety (Seal) fitness) �/ By Bonnie S . Ca(kAU 4fL'iPNact) (P)8154244 1-82 PRTD.USA No. 207-027- 0 0 0 91 EMMMERS INSURANCE OF WAUSAU A M Ut ual Company •e4•'�' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the C ity of Wausau,County of Marathon,State of Wisconsin, has made,constituted and appointed,and does by these presents make,constitute and appoint Bonnie S. Caruthers its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal,acknowledge and deliver ANY OR ALL ,BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER IdRIT- TEN OBLIGATIONS IN THE NATURE THEREOF. NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000 . Y L� O t►.► cc and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. cc¢ This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company W at meeting duly called and held on the 18th day of May. I973. which resolution is still in effect: CL "RESOLVED,that the President and any Vice President—ele(-tiveoratt)po intive—ofEMl'I.OI'E1iSINSURANCE'OF CL WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOIERS iNSURANCI:OF WA I ISAI i O A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary Z be,and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company.- U) "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF O WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by D facsimile,and any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall he )- valid and binding upon the EMPLOYERS INSURANCE,OF WAUSAIi A Mutual Company when sn affixed and in Z the future with respect to any bond, undertaking or contract of suretyship to which it is attached:' W Z> IN WITNESS WHEREOF,EMPLOYERS INSURANCE.OE WAIiSAIi A Mutual Company has caused these presents to he W signed by the senior vice president and attested by its secretary, and its corporate seal to be hereto affixed this lit day of November , 19 81 , Z EMPLOYERS INSURANCE, OF 1VAUSAU A Mutual Company C/) _ :,SEA linumer By LL Senior Vice President W Attest: W Z CC 0 R.J.Wendorff Secretary Q STATE OF WISCONSIN ) LL ) ss. o COUNTY OF MARATHON ) CC On this 1st day of November , 19 81 before me personally came L.J. Baumer to me known who being by me duly sworn,did depose Oand say that he is a senior vice president of the EMPLOYERS INSURANCt OF WAUSAU A Mutual Company, the corporation described in and which executed the above instrument,that he knows the seal of said corporation;that the seal 0 affixed to said instrument is such corporate seal and that it was so affixed by order ot't lie Board of Directors of said corporation .=► and that he signed his name thereto by like order, Q IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the clay and year herein first above written. Q Z `--- ------ - Notary 1'uhlic In R.J. Wendorff U) NOTARY PUBLr T STATE OF WISCONSIN MY COMMISSION IS PERMANENT CEHTIFICXI'F. STATE; OF WISCONSIN ) CITY OF WAUSAU COUNTY OF MARATHON 1 I, the undersigned, senior vice president of EMPLOYERS INSURANCE OF WAUSAU A Mutual Compan a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney' WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not ® been revoked;and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausiiu, Marathon County,Slato of Wisconsin, this day of . .J u 1 y .. co C95 nunmr ,� Senior Vice President 00 NOTE: IF YOU FIAVE ANY QUESTIONS ItEGARDINO' HE. VALIDITY O1( 15'OIil)IN(;OF THIS 1't►\1 ER OI A'I"Il M. NEY, CALL TOLL FREE(8130)826.166I. T Ihi(+h..ur.d 1I \ I,am ytll 111 lau,; lusnlJiu,m ausau Any correspondence in relation to this Vd bond should he directed to: insurance Wausau Insurance Companies qw Soren• llnder\\riting • 2000 Westwood Drj\e companies Box 150 PERFORMANCE BOND Wausau. Wisconsin 54401 KNOW AI.I. MIEN BY THESE PRESENTS: Bond Number 0750-26-048202—C That Twehous Excavating Company , Inc. Mete in,Crt full nano and addle„or legal title of Contractor) Route #3, Highway 50 East, Jefferson City, Missouri 65101 as Principal. hereinafter called Contractor, and F.MPT,OYERS TNSiiRANCF. OF WAiISAIT A Mutual Company 1 Hcre insert toll narnc and addre„or legal title of Stint%1 2000 Westwood Dr. , Wausau, WI. its Surety. hereinafter called Surety. are held and firmly bound unto City of Jefferson 320 E. McCarty, Jefferson City , MO 65101 (Herr inert lull natne and addre„,*r legal title of Mutt n e H u d r e d F i f E y pee ousan pee Fun areb8g`c' hereinafter called O\\ner, in the amount of Dollars (S 153 , 375 .39 1, f r Tl�e lt�en ale @ f I ter ft� u e�> 1mythMULK\•es,their heirs.executors.administrators, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated — 19 entered into a contract with Owner for 1984 Phase II Sewer Project I Here insert lull name.addre„and descairtion(+I rrojectl in accordance with Drawings and Specifications prepared by 1 Here insert ,till nano and addre„or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW. I'll Fit FFORF.1 Ill CONDITION Oi-THIS ORLIGA]ION is,uch that.it Colmactorshall rromrtl\ and Iaithfull\ perlornl said Contract.then this obligation shall he null and u,id:othemise it,hall remain in Iull lorce and ellect. The tiurct\ hereb} nai\es notice of an\ Aeration or vmension of time made by the O\\ner. N'heneter Contractor shall he.and declared b\Onner to he in def,mlt under the Contract.the Onner hating rerlormed Uttner's ohligations thereunder,the goat\ ma.\ promptly rented\ the delault.or shall prompll% I 1 Complete the Contract in accordance\wlt its term,and conditions.nr 2) Obtain a bid or bids for completing the Contract in accordance\\ith its terms and conditions.and upon determination h\ tiurct\ of the lonest responsible bidder.or.it the Ott ner elects,upon determination M the Ott ner and t hC SLIM\jointh•01 the Ian est responsible bidder,arrange lora contract het\)een such hidder ;Intl Mner.andmaheacail:lhleuswork pn,grcue,lC\enlhottOhtheres houldheadetaultor:uuece„iortotdetaulounder tile contract orcontractsolcompletion arranged under this paragraph)sufficient rinds u,pad the cost of completion less the halance of the contract price:hill not e\ceeding.including other costs and damages for MIMI the Soren mud he liable hereunder.thcanlx+tint set Iorth in the lint paragraph hereof.The tenn•'halance of thecontracl price."u,used in thi, Paragraph.shall mean the total amount payable h.\O\\ner to Contractor tinder the Contract and am amendments thereto.less the:unount properly paid b\O\cner It,Compactor. Anr,tlit under this hand must he inslit tlted belore t he e\piration of t t\o(2))Cars 1 tom the date on\\hick final payment under t he C'ont Tact lalls due or heGar the e\pinion of one(I))ear from the Date of Suh.uuttial Completion al the project.\\llielle\el'is titer. No light ill action shall accrue on)his hand to or for the ue of ml)pecan or corporaIit'll otherthan the On ner named herein ,I- he heirs.r\erutars,administrators of HICCL!"Or,al the Miler. Signed and scaled this 25th day of July __. 19_$x_ Twehous Excavating Company , Inc . (Principal) ISral1 IL 1\1'iuessl � J ` lit 1 itle EMPLOYERS INSURANCE OF WAUSAU A Muttial _ omuany IN'iuu•ssl Bonnie S . Ca�'Affl��' aclt 1111 815••12 8 1-r2 I'R 11). PSA No. 207-027- 0 0 0 9 0 ENtROYERS INSURANCE OF WAUSAU A Mutual Company 0 POWER OF )MORNEY KNOW ALI, MEN BY THESE PRESENTS: ANIL That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,n corporation duly organized and existing tinder the laws of the State of Wisconsin,and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin, has made,constituted and appointed,and does by these presents make,constitute and appoint Bonnie S. Caruthers its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal,acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRIT- TEN OBLIGATIONS IN THE NATURE THEREOF. NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE HUNDRED THQUSAN�DOLL�ARS $2,500,000 . Y Z_ r) w cc and to bind the corporation thereby as fully and to the same extent as if such ponds were signed by the President,sealed with Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. cr This power of attorney is granted pursuant to the following resolution adopted by the hoard of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: t1 "RESOLVED,that the Presidentand any Vice President—elective or appointive—(if EMPLON'ERS INSt 1RANCF OF QWAUSAU A Mutual Company be,and that each of them herehyis,authuri•redto execute powers ufattornevqualif*ving the attorney named in the given power of attorney to execute on hehalfof EMPLOYERS I NSURANC E OF (I WASA11 O A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary Z be,and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS iNSURANCE OF 0 WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall he t- valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in Z the future with respect to any bond, undertaking or contract of suretyship to which it is attached:' w g IN WITNESS WHEREOF,EMPLOYERS INSURANCE.OF WAUSAIi A Mutual Company has caused these presents to he Hsigned by the senior vice president and attested by its secretary,and its corporate seal to be hereto affixed this 1 s t 0 day of November 19 81 Z to EMPLOYERS INSURANCE.OE 1YAUSA11 A Mutual Company .a U) By -___ L J. Baumer Senior Vice President LL } Attest: Z z Cc O R.J.Wendorff Secretary QSTATE OF WISCONSIN ) LL. ) ss. O COUNTY OF MARATHON ) wOn this_ 10t day of Novembe , 19 81 ,before me personally came OL.J. Baumer to me known who being by me duly sworn,did depose O., and say that he is a senior vice president of the EMPLOYERS INSURANCt OF WAUSAU A Mutual Company, the corporation described in and which executed the above instrument'that he knows the seal of said corporation;that the seal D affixed to'aid instrument is such corporate seal and that it was so a?fiixed by order of t.11e.Board of Directors of said corporation and that he signed his name thereto by like order. j IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the(I it y and year herein first above written. Q ' Z — ~------- _ Notary Public U) R.J.Wendorff U) NOTARY PUBLI(-- STATE OF WISCONSIN MY COMMISSION IS PERMANENT C FRTIFiC NI'E STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I, the undersigned, senior vice president of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a Wisconsin corporation do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VA1IDATiNG STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked;and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force, „r Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this ....2.5-Lb--. day of ..Jul.y- 0�0 18AA. � � y0 S�� � L. .1. liiuimer Senior Vice President NOTE: IF YOU HAVE AN 1'(111ESTIONS It EGA It1)IN11'I'HE VA1.11►ITN'Ok WOIt01NG OF PO11 EIf 1)F ATP)It- OD CALL TOld.FREE,(800)826-16i;I.