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HomeMy Public PortalAboutORD10436 BILL NO. �-' ,r.• SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE A CONTRACT WITH ZWEHOUS EXCAVATING COMPANY, INC. FOR THE 1985 CURB AND GUT'T'ER PROJECTS, PHASE II. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 2. The Mayor and Clerk are hereby authorized and directed to execute a contract with TWehous Excavating Company, Inc. for the 1985 Curb and Gutter. Projects, Phase II for the sum of $232,810.75. Section 2. Tim 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 fran and after the date of its passage and approval. Passed k '- O 5 Approved esxdi.ng Of cer Mayor ATTEST: CONSTRL)CTION CONTRACT THIS CONTRACT, made and entered into this -30 ,t/— day of �vnr� 19_42______, by and between Twehous Excavating Company Inc. hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNESSE711: That Whereas, the Contractor has become the lc*lest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 1985 Curb and Gutter Projects, Phase II NOW, 'THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. The 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) ( working) days from the date Contractor is ordered. to proceed, which order shall be issued by the Director of .Public Works within Sixty (60) days after the date of this contract. 2. Prevailing Wages. All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by the Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Enployment 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 Special Wage Determination No. 5-026-083 , in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all. workmen employed by Contractor 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 Director of Public Works each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rate, for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3. Insurance. Contractor shall procure and maintain at its own expense curing the life of this contract: (a) Workmen's Comr.,ensation Insurance for all of its emVloyees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800,000 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 ,cuTpensation law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 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 of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or 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 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, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub- paragraphs (a), (b) and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NtDTE: 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) 93. I of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. 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. 5. Liquidated Damages. The Director of Public Works may, at his discretion, deduct $100 per day 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 unforseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days' prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the 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. 7. City's Right_ to Proceed. In the event this contract is terminated pursuant to Paragraph 6, 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, applicances and structures as may be on the work site s ' 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 feral laws. 8. Guards and Lights. The Contractor agrees to defend, indemnify, and save the City larmless 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 any person or persons, or their property, by Contractor, its servants, agents or subcontractors, or arising out of the award of this contract .to Contractor. 9. Indemnity. The 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 any person or persons, or their property, by Contractor., its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, 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. Pa nt for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bored to insure the payment of all materials and labor used in the performance of this contract. 11, Payment. The City hereby agrees to pay the 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 Director of Public Works and in accordance with the rates and/or amounts stated in the proposal of Contractor dated May 16 F 19 85 , which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 12. Contract Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings 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. r 13. Nondiscrimination. The Contractor agrees in the performance cf9thi 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. 14. Notices. All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Contractor at Rt. 3. Hwv. 50 East Jefferson City, MD 65101 The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this d-, day of 19 gs CITY OF JEFFERSON, MISSOURI AM By MAYOR ATTEST: ��- CITY CLERK CONTRACTOR By Title: ATTEST SECRETARY CERTIFICATE OF INSURANCF. Wausau Insurance Companies Is is to certify that the insurance policies (described beluw by a policy number)written on forms in use by the company have been issued. certificate is riot a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured Twehous Excavating Co., Inc. I Producer No.: 2139 Rt. #3, Hwy. 50 East Place: Columbia, MO Jefferson City, MO 65101 Date Issued: 6-20-85 Region: CUM-SL(020)-KC L Kind of Coverage * Expirotien 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 for Employers Compensation** 2 2-1-86 0716-00-048202 Liability. Limits of Liability Comprehensive 2-1-86 0726- 00-048202 Bodily Injury Property Damage General Liability $500,000. Each Occurrence $100,000. Each Occurrence Special Multi-Peril or Trademark(Section II only) - $500,000. Aggregate $100,000. Aggregate Products-Completed OP ora?ions: 'LX Included El Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: IM Included ❑ Not Covered _ $ Aggregate Owners', Landlords' S Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate troctual Liability--- $ Each Occurrence $ Each Occurrence gnated Contracts y $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability 2•-1-86 0726-02-048202 $ Per Person ,I1 All Owned Autos Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500 000. Per Accident s5,000,000. Each Occurrence Umbrella Liability s5,000,000. Aggregate Products-Completed Operations 2 2-1-86 0736-07-048202 $ 10,000. Retention Special Provisions/Locations/Specified Autos: PROJECT: 1985 Curb and Gutter Projects, Phase II. XCU coverage is not excluded under policy 40726-00-048202. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afford. ed by the policy(policies)described above is subject to all of thu terms,exclusions and conditions of such policy(policies)during the term(s)thereof. *The entry of a number to this column moans that the coverage is afforded by the company designated by the some number. Issued to: *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY City of Jefferson 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 320 East McCarty 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU Jefferson City, MO 65101 1. WAUSAU LLOYDS / / " Signed Aurhowed Corntwny Rnpn nratwu 7-84 (S)15.5736 Wausau Any correspondence in relation to this bond should be directed to: ., lnsvra�„��� Bon�auglnsurance Companies 1 Box 150 Wausau,Wisconsin 54401 C�n'��aanwe� • t Bond Number 0750-36-048202-C .t Duplicate of A.I.A. Document A312 December 1984 Edition . Payment Bond Any singular reference to Contractor, Surety, 0caner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Twehous Excavating Company, Inc. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Route #3, Highway 50 East 2000 Westwood Drive Jefferson City, Missouri 65101 Wausau, Wisconsin 54401 OWNER (Name and Address): City of Jefferson 320 East McCarty Jefferson City, Missouri 65101 CONSTRUSTION CONTRACT Date: ,-°'6'�2 /9�� Amount: $2.21,810.75 Description (Name and Location): 1985 Curb and Gutter Projects, Phase II Jefferson City, MO BOND Date (Not earlier than Construction Contract Data): X Cr i9�S Amount:Two-Hundred Twenty One Thousand Eight Hundred Ten and Seventy-Five Cents($221,810.75) Modifications to this Bond: Xl None D See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Twehous Excav ting Co pany, Inc. EMPLOYERS INS CE OF WAU U A Mutual Company Signature: _ Signature: _ -LO Name and itle: Name and Title: Bonnie S. Carus ers Attorney-in-Fact (Any additional signatures appear on page 6) IfOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REVRFSLNTATIVE (Architect, Engineer or other party): 815.4421 285 4 I The Contractor and the Surety, jointly and severally. 6 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety's ex- successors and assigns to the• Owner to pay for labor, pease take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to the mance of the Construction Contract,which is incorporated herein by reference. Owner,within 45 days after receipt of the claim,stating the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall be null lenging any amounts that are disputed. and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed tilt• 2.2 Defends, indemnifies and holds harmless file amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or g Amounts owed by the Owner to the Contractor under equipment for use in the performance of the Construe- the Construction Contract shall be used for the perfor- tion Contract, provided the Owner has promptly noti- rnance of the Construction Contract and to satisfy claims,if tied the Contractor and the Surety (at the address de- any, under any Construction Performance Bond. By the scribed in Paragraph 12) of any claims, demands, liens Contractor furnishing and the Owner accepting this Bond, or suits and tendered defense of such claims,demands, they agree that all funds earned by the Contractor in the liens or suits to the Contractor and the Surety, and performance of the Construction Contract are dedicated to provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner's priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat- this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant 4.1 Claimants who are employed by or have a direct under this Bond,and shall have under this Bond no obliga- contract with the Contractor have given notice to the tions to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond. sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy, the amount of the claim, ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- 4.2 Claimants who do not have a direct contract with tions. the Contractor: 11 No suit or action shall be commenced by a Claimant .1 Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic- tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date(1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub- equipment included in the claim stating,with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract,whichever of (1)or(2) first occurs. the labor was clone or performed; and If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica- in 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner .3 Not having been paid within the above.30(lays, or the Contractor, however accomplished, shall he suffi- have sent a written notice to the Surety tat the cient compliance as of the date received at the address address described in Paragraph "12)aril sent a shown on the signature page. copy,or notice thereof, to the Owner,stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond aril statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to he performed,any provision in this furnished to the Contractor. Bond contlicting with said statutory or legal requirement S I I a notice required by Parafraph 4 is given by the (hti ner shall be deemed deleted herefrorn and provisions (on- to the Contractor or to the Surety,that is sufficient compy- forming to such statutory or other legal requirement shall ante. he deemed incorporated herein. The intent is that this 5 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanics lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to he made. or equipment were furnished. 15 DEFINITIONS the Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Conti-actor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15,3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. 'telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the`coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate'Seal) EMPLOYERS INSURANCE OF WAUSAU A Mutual t;ul ilia,ly Signature: . - Signature: Name an itle: Name and Title: Attorney In-Fact Address: Address: Any c D0 dire C nnce relation to this bon�F� Surety Depart nt au"u Insurance CompanlAs 2000 W881WOad DrIvn 6 Wausau, VNJ (-O No. 207-027- 00134 EMPBUYERS IN}RANCE OF WAUSAU A Mutual Company POWER OF A'ITk,; tNEY 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 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 AI.L BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF . NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($22,500 z d?M'[lf0M'd1 a corpora ration thereby as fully and to the same extent as if such bonds were signed by the President,sealed with D the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said W attorney-in-fact may do in the premises. w This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a Z meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: tr "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying tL the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INiSURANCE OF WAUSAU A 4 Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, < and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach 0 thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' G "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU CA A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and W any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect O 0 to any bond, undertaking or contract of suretyship to which it is attached Z IN WITNESS WHEREOF,EMPLOYERS INSURANCE.OF WAUSAIT A Mutual Company has caused these presents to be W 2 signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this s t day W of November VJ r Iq- E.MPi.OYERS INSURANCE OF WAUSAU A Mutual Company '°° U 1\tUfA rf �' Z By I- R.D.Farnswort Vice President ,�p LL < >— Attest: Z �- 214-4 0 D.J.Burrell Assistant Secretary STATE OF WiSCONS I )ss. w COUNTY OF MARATHON ) 0 On this- I St —day of November 19 81 ,before me personally came WR.D.Farnsworth to me known,who being by me duly sworn,did depose and say that he is a vice president of the EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company,the corporation 0 described in and which executed the above instrument:that he knows the seal of said corporation;that the seal affixed to said instrument is auch corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above Q, written. Z 416 h Donna Lutzow Notary Public to NOTARY PUBLIC STATE.OF WISCONSIN U) MY COMMISSION IS PERMANENT STATE OF'WISCONSIN 1 CERTIFICATE CITY OF WAUSAU )8.4. COUNTY OF MARATHON ) I, the undersigned, asMslant secretary 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 VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked;and furthermore that the resolution ofthe Board of Directors set forth in the power of attorney is still in force, tJ wZ 7.rL Signed and sealed in the City of Wausau,Marathon Count, ;;fate of N'iscunsin,this day of D.J.Sorrell Assistant Secretary E SEA NOTE:: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE(SOM 826.1661,(IN WISCONSIN,CALL(800)472-0041). E ,'! Any correspondence in relation to • I V ausau this bond should be directed to: Wausau Insurance Companies =s insurance Bonding Box 150 ornpanies Wausau,Wisconsin 54401 Bond Number 0750-36-048202-C Duplicate of A.I.A. Document A312 December 1984 Edition Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Twehous Excavating Company, Inc. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Route 413, Highway 50 East 2000 Westwood Drive Jefferson City, Missouri 65101 Wausau, Wisconsin 54401 OWNER (Name and Address): City of Jefferson 320 East McCarty Jefferson City, Missouri 65101 CONSTRUCTION CONTRACT Date:�'�"� e t.*i /115- Amount: $221,810.75 Description (Name and Location): 1985 Curb and Gutter Projects, Phase II Jefferson City, MO BOND Date (Not earlier than Construction Contract Date): iYgs Amount:Two-Hundred Twenty One Thousand Eight Hundred Ten and Seventy-Five Cents V21,810.75) Modifications to this Bond: IX) None O See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: . . (Corporate Seal) Company: (Corporate Seal) Twehous Excavat ng Company, Inc. EMPLOYERS INSU CE OFWAUSAU A Mutual Company Signature: Signature: Name and itle: Name and Title: Bonnie S. Caruthers Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 815-4421 205 s I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance rained, lender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. file Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in c onferen(vs as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any 3.1 a its address described in Paragraph h 10 below remedy available to the Owner. If the Surety proceeds as Surety p provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the lion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- Arranger, for the Contractor, with t of tile O Cons truction ages caused by delayed performance or non-perfor- wner, to perform and complete the Cons malice of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construe- obligations of the Contractor that are unrelated to the Con- lion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Cron- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to tale Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor aril with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc. curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- . able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable, the Owner in settlement of insurance or other claims 90 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivere to the address shown on the si behalf by all valid and proper payments made to or on � behalf of the Contractor under the Construction Con- nature page, tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has 12.9 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- l the Owner t the Contractor under the tractor as required by the Construction Contract or to t payable Y perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: i i 1 1 1 1 1 1 . 1 1 (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) 1 CONTRACTOR AS PRINCIPAL SURETY 1 Company: (Corporate Seal) Company: r t EMPLOYERS INSURANCE OF �G �>rSignature: Signature: Name and file: Name and Title: Attorney_Irl.Fact Address: Address: Any cottetlpondence to relation to this bona tallould be directed to: 20W V#r lneurenoe Carnpritnlee 3 X000"twood Drive Wauaab,W14CO(INq 544911, No. 207-027- 00133 IENIPMkS INSURANCE OF WAUSAU A Mutual Company 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 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 AI.I. BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE.THEREOF . NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE. HUNDRED THOUSAND DOLLARS ($2,500 e corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with D the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said W attorney-in-fact may do in the premises. Z This power of attorney is granted pursuant to the following resolution adopted by the Board 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: "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying a the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Q Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, F- 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:' OZ "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU to A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and W any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding O upon the EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company when so affixed and in the future with respect © to any bond, undertaking or contract of suretyship to which it is attached:' Z IN WITNESS WHEREOF,EMPLOYERS INSURANCE:OF WAUSAU A Mutual Company has caused these presents to be LLI :E signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1st day W of November ^ro EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company qj B • i-- R.D.Farnswort Vice President LL y. Attest: z O D.J.Borrell Assistant Secretary STATE OF WISCONSI. 1 W COUNTY OF MARATHON O On this—1 St —day of November —_ 19 81 ,before me personally came LuR.D.Farnsworth to me known,who being by me duly sworn,did depose and say that he is a vice president of the F.MPLOYF.RS INSURANCE OF WAUSAU A Mutual Company,the corporation 0 described in and which 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 affixed by order of the Board of Directors of said corporation and that he v signed his name thereto by like order. J IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above Q written. F— O Z Donna Lutzow 1 10 Notary Public �q NOTARY PUBLIC STATE OF WISCONSIN C0 MY COMMISSION IS PERMANENT STATE OF WISCONSIN ► CERTIFICATE, CITY OF WAUSAU )ss. COUNTY OF MARATHON ) I, the undersigned, assistant secretary 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 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 a d sealed in the City of Wausau,Marathon County State of Wisconsin,this day of ' SEA S D.J.Borrell Assistant Secretary NOTE: iF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE.(800)826.1661.(IN WISCONSIN,CALL(800)472.0041). f IS;UE DATE(MMIDD/YY) 7-16-85 ThIiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS titer--Dent & Co. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DY THE POLICIES BELOW. lP.O. Box 1046 Jefferson City,City, MO 65102 COMPANIES AFFORDING COVERAGE ETTEANY A United States Fidelity & Guaranty _ COMPANY IN SUF+EO ------ LETTER J.C. Industries , Inc. ETTERNY P.O. Box 1264 Jefferson City, MO 65101 COMPANY LETTER COMPANY LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTNE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE R•+M/DDn'Y) DATE(MMJDD/YY) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION S COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL SMP 055770737 7-1-85 7-1-86 COMBINED $ 500, $ 500, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ X AUTOMOBILE LIABILITY COOLY INJJRY X ANY AUTO (PER PERSO'i) $ ALL OWNED AUTOS(PRIV. PASS) BODILY ALL OWNED AUTOS�PRIVRPASSN) BAP 047520210 7-1-85 7-1-86 IPERRR(f�DEhTI $ HIRED AUTOS _ PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI a PD --- COMBINED $ ,0-01— EXCESS LIABILITY A UMBRELLA FORM CEP 059499814 7-1-85 7-1-86 COMBINED $ 5, 000 $ 5, 000 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY A AND 7000369841 7-1-85 7-1-86 $ lr(EACH ACCIDENT) EMPLOYERS'LIABILITY $ (DISEASE-POLICY LIMIT) _ $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ,TOB: 1985 Sanitary Sewer Projects , Phase I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. City of Jefferson PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 E. McCarty MAIL 1 nn DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Jefferson City, MO 65101 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR, R PRESENTATIVE, aJill 1,11 1!, liplI1111 1!11 c • s Binder tJo. or • s • • NA •AND ADDRESS OF AGENCY COMPANY Winter-bent & Co. United States Fidelity & Guaranty P.O. Box 1046 Effective 12:01a m 19 Jefferson City, MO 65102 Expires ca 12:01 am ❑ Noon 7-1 1986 GJ This binder is Issued to extend coverage in the above named company per expiring policy N _ (except as noted below) NAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehicles/Property City of Jefferson Contractor: J.C. Industries, Inc. 320 E. AcCarty P.O. Box 1264 Jefferson City, MO 65102 Jefferson City, MO 6510 Project : 1985 Sanitary Sewer Projects enase Type and Location of Property Coverage/Perils/Forms Amt.of Insurance Ded. co�a. P R 0 P E R T Y Type of Insurance Coverage/Farms Limits of Liability L El Each Occurrence Aggiregate ❑ Scheduled Form Comprehensive Form _ Bodily Injury $ $ ❑ Premises/Operations ❑ Produc!s/Completed Operations Property Damage $ $ I ❑ Contractual Bodily Injury & Y Other (specify below) Owner's Contractor' �i'i� @J & Protective l`tq $ 800, 000 $ 800, 000 Med. Pay. $ Per $ Per Combined ❑ Personal Injury Person Accident– ❑ A ❑ g_ ❑C Personal Injury $ Limits of Liability A ❑ Liability El Non•owned ❑ Hired Bodily Injury(Each Person) $ U 0 El Comprehensive-Deductible $ Bodily Injury(Each Accident) $ PA 11 Collision-Deductible $ 0 ❑ Medical Payments $ Property Damage $ of ❑ Uninsured Motorist $ L ❑ No Fault (specify): Bodily Injury & Properly Damage E ❑ Other (specify): Combined $ ❑ WORKERS' COMPENSATION – Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONSIOTHER COVERAGES M JOB: 1985 Sanitary Sewer Project, Phase I NANICi AND ADDRESS OF 0 MORIGAGEE ❑ LOSS PAtEE ❑ ADD'LINSURED LOAN NUMBER Signature of Authorized Representative Date ACOND 75(itf77•cI �� - •