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HomeMy Public PortalAboutORD10713 BILL NO. T6 -loo SPONSORED BY COUNCILMAN .v____.. 0_ �/-r,r-c•,��,. ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TWEHOUS EXCAVATING COMPANY., INC., FOR THE 1986 SANITARY SEWER PROJECT, PHASE I. BE IT ENACTED 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 Company, Inc., for the 1.986 Sanitary Sewer Project, Phase I, for the sum of $109,532.26. 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 �' � , 1. Approved ,' �-- esiding Offic Mayor V✓✓ ATTEST: City Clerk r--- t CONSTRUCTION CONTRACT , ® THIS CO TRACT, made and entered into this day of ].�►_ 1Z G by and between JVPhoysxen gat tog _ hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 19AA Rani tart', spwpr Eroiect. Phake_I NOW, THERUFORE, 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 docLu ents and any applicable City ordinances and state and federal laws, withinseventy-five (75Xcalendar, days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) 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 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 Special Wage Determination No. 7-026-001 y=x3 cKE iXNSZXXXXXXXXXXXXXX}'IXXXXXXX Y-M 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 rates 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 during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a r; single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen's compensation law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $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 Nmer'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 workm n'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- paragraplZ^; (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. , NOTEt 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) t 11 1 of the general contractor provides. adequate protection against claims arising frcxn operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for or 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 emissions 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 81,00/ ai endar 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 ccnplete the work by such time, as long as the City does not terminate the AOL right of Contractor to proceed. It is further provided that Sw 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 genexal 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. Cit" Is 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 and are necessary for carrpletion 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, IMP city ordinances, and state and federal laws. 8. Guards and Lights. 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, or arising out of the award of this contract to Contractor. 9. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless fran 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. Payment 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 bond to insure the payment of all materials and labor used in the performance of this contract. 11. Pay nt. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule set forth im 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 bid . of Contractor dated ust 11 , 19 86 , 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. 'Ibis Contract e. General Conditions % b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Aid 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. 13. Nondiscrimination. The 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, Cage, 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 RA11 U - ,jgSt .Tnffp snn r•{f-g MO A_9;101 • The date of delivery of any notice shall be the7 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, t parties have hereunto set their hands and seals this day of� , CITY OF JEFFERSON, MISSOURI By 7?�cx,,,a,-. MAYOR ATTEST: czz CI'd C •RK CONTRACTOR BX C-Titles ATTESTS Q. S RETARY Any correspondence in relation to ' wausau this bond should be directed to: insurance Wausau Bonding Companies Box 150 ►r• ! , Companies Wausau,Wisconsin 54401 Bond Number 0750-54-048202-C Duplicate of A.I.A. Document A312 December 1984 Edition 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 #3, Highway 50 East 2000 Westwood Drive Jefferson City, Missouri 65101 Wausau, Wisconsin 54401 OWNER (Name and Address): City of Jefferson 320 E. McCarty Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: September 4, 1986 Amount: $109,532.26 Description (Name and Location): 1986 Sanitary Sewer Project, Phase I BOND Date (Not earlier than Construction Contract Date): September 12, 1986 Amount: One Hundred Nine Thousand Five Hundred Thirty Two and Twenty Six Cents Modificalioiv5 to this Bond: IX None O See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Twehous Excaidcing Company, Inc. EMPLOYERS IN E OF WAUSAUr Mutual Company Signature: Signature: zm4z. gA Name and itlo: Name and Title: orney=ina ac ers (Any additional signatures appear on page 3) . (FOR INFORA-lAl7O)N ONLY—Name, Address and Telephone) AGt NT car BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other parly): 815.4421 285 I the Contractor and the Surely, jointly and severally, which it may I)v liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon its practicable after Ili(,amount Is doer- successors and assigns to the Owner for the per(ormance alined, tender payment therefor to the of the Construction Contract,which is in(orporaled herein (honer; 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. the Surety and the Contractor shall have no obligation under this Bond, except to panic ipate in c Hotta^a(eas as 5 If the Surely Burrs not proceed as t�rovided in Paragraph provided in Subparagraph 3.i. 4 with reasonable promptness,the Surety shall be deemed to he in default on this Bonet fifteen days after receipt of all 3 if there is no Owner Default, the Surety's obligalion 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 (honer has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety al its address described in Paragraph 10 below remedy available to the Owner. If the Surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4,and the Owner refuses the Default and has is considering and attempted to arranger a payment tendered or the Surety has denied liability, in Doffs^cease with Ihc^requested and and the So arr to be whole or in part,without further notice the Owner shall be held not later than fifteen clays after receipt of such entitled to c^nlrnt(^ any remedy available to the Owner. notice to discuss methods of performing the Construct- 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 Contras lot 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 nut waive the Owner's right,if riot be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under file Construction Contract.To the limit of the the ally terminated Such Contractor Default shall not be complete amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of Glared 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 3.3 The Owner has agreed to pay the Balance of fee 6.1 The responsibilities of the Contractor for correc- Contract Price to the Surety in accordance with the tion of defective work and completion of the Construe 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 (honor. 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 sali�,:c .l tl•:. conditions of Para- stilling Paragraph 4; and graph .3, the Surety shall prompi)y and at the Surety's c^x- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam. 4.1 Arrange for the C:d (onlor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and sample^te the Conslrucficln manse of the Contractor. Contract; or 4.2 Undc.^rl ake to perform and i omplete the C011.411 ill'- 7 The Surely shall riot be liable to the Owner or others for lion Contras t itsc^if, throe};h its agents or through incle- obligations of the Contractor that are unrelated to the Con- strut lion Conlrae i, and the Balance of the Contract Price pendent c ontrau lors; or shall riot be reduced or slit off on cot of any such 4.3 Obtain hills or negotialvd proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner (or a this Bond to any person or entity other than the Owner or contract for performancv and completion of the Con- its heirs, execulors, administrators or successors. struction Conlrae f, arrange (or a con[racl to be pre- p 1 he Surely hereby waives notice of any change,includ• pared (or execulion by the Owner and the contractor ing (hangeas of lingo, to the Construction Contract or to selected with the(boner's concurrence, it) be secure^el related suhcontracls, purchase orders and other obligor With performance and payment hands executed by it related qualified direly equivalent In the bonds issued on the r Construction Contract, and pay to the (honer the g Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph b in ex- may he insfi(ufed in any court of competent jurisdiction in c ess of file Balance of the Contract Price incurred by the the localion in which the work or part of file work is located (honer resulting from the Conlrae tar's (le(aull; or Mill shall he instituted within two years after Contractor 4,4 Waive its right to perlornl and c•ompleto, arrangta Default or within two years after file Contractor ceased for (omplelion, or obtain a new contractor and \vile working or within two years afivr the Surely refuses or fails ® reasonable promptness under the cir(unlstan(vs, to perform its obligations under this Bond,whichever oc- curs firs(, If the provisions of [his Paragraph are void or ,1 After investigation, determine the amount for prohibited by law, the millilllum period of Iitllitatioll lvlil• 2 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall he applicable, the Owner in settlement of insurance or other claims 10 Ncaliceto the Suret iheC)wnerorlheContractorshall for damages to which the Contractor is entitled, re- Y• duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the silt- 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 conflicling 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 12.1 tialanrc�of Uu•Contract Price: The total amount neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the 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: MW (Spa(v is provided below for addilional signature's-of added parlies, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) AMOL Signature: Signature: Nance and 'title: Name and Title: Address: Address: 3 No. 207-027- 00205 VAPIJOYERS INSURANCE CFWAlJ ..1 A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Aft That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Compnny,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 Oil ALL BONDS, UNDERTAKINGS, RECOGNiZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE' THEREOF . NOT TO EXCEED THE PENAL SUM OF TWO MILLION V FIVE HUNDRED THOUSAND DOLLARS ($2,500 _z U e corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with CWC the corporate seal of the corporation and duty attested by its secretary hereby ratifying and confirming all that the said attorney-in.fact may do in the premises. 2 This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a cr 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 pW WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying d the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A 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 z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' "FURTHER RESOLVED,that thesignatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU W A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and O 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 to any bond, undertaking or contract of suretyship to which it is attached." WIN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be Nsigned by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1st day (� H of November EMPLOYERS INSURANCE OF WAUSAU A Mutual Company mum @ �z 1 `•,SEALrr By LL R.D.Farnswort Vice President W Attest: Cc _ D.J.Borrell Assistant Secretary QSTATE OF WISCONSI ) 1L )ss. C) COUNTY OF MARATHON ) ir W On this__1&�_ day ot'.__—_,_._ _ November — 19 81 ,before me personally came z R.I)4 Farnsworth to me known,who being by me duly sworn,did depose O and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation described in and which executed the above instrument;that he knows theseal of said corporation;thatthe seal affixed to said 0 instrument is such corporate seal and thnt it was so affixed by order of the Board of Directors of said corporation and that he Qsigned his name thereto by like order. 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above Q written. 1- 0 Z - Donna Lutzow Notary Public U) STATE PUBLIC 5TATE OF WISCONSIN Z MY COMMISSION IS PERMANENT STATE OF WISCONSIN i CEHTIFICATE CiTY OF WAUSAU COUN'T'Y OF MARATHON 1 I, the undersigned, assistant secretary of EMPLOYI-AiS INSURANCE: OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attitched power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT I)RINTED 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 Director::set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon Count. State of Wisconsin,this ___._12th day of..-September. 19..86, P4—.4A L SEAL 5r, D.J. HorreU Assistant Secretary NO'T'E: IF YOU HAVE ANY QUESTIONS REGARDINO THE VALIDITY OR WORDING OF THIS POWER OF AT'T'ORNEY,CALL TOLL FRET:(800)8 26.1661.(IN WISCONSIN,CALL(800)472.0041). d Vausau Any correspondence in relation to this bond should be directed to: insurance Bonding tinsurance Companies Box 150 ' Companies Wausau,Wisconsin 54401 Bond Number 0750-54-048202-C Duplicate of A.I.A. Document A312 December 1984 Edition vmh fray ent Bond Any singular r0eren2e 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 #3, Highway 50 East 2000 Westwood Drive Jefferson City, Missouri 65101 Wausau, Wisconsin 54401 OWNER (Name and Address): City of Jefferson 320 E. McCarty Jefferson City, MO 65101 CONSTRUCTION CONTRACT t)ate: September 4, 1986 Amount: $1.09,532.26 Description (Name and Location): 1986 Sanitary Sewer Project, Phase I BOND Date (Not earlier than Construction Contract Date): September 12, 1986 Amount: One Hundred. Nine Thousand Five Hundred Thirty Two and Twenty Six Cents Modifications to this Bond: kI None [_7 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Ctarnpany: (Corporate Seal) Company: (Corporate Seal) Twehous Exc vaticng Com an Inc. EMPLOYERS INSURANCE-OF WAUSAU A Mu ual Company Si nature• l�ti Signature: i� _. 'Name ant: itie: Name and Title: Bonnie S. Caruthers Attorney-in-Fact (Any additional signatures appear on page 6) (FOR /NFORA4ATION ONLY—Name, Address and Telephone) AGEN I or BROKER: OWNLR'S REPRESENTATIVI: (Architect Engineer or other party): 615.4421 265 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, pense take the following actions: man NW 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 Owner,within 45 days after receipt of the claim,stating herein by reference, 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 the 2.2 Defends, indemnifies and holds harmless the 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- mance of the Construction Contract and to satisfy claims,if fied 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, (ions Contractor furnishing and the Owner accepting this Bond, liens suits and tendered defense of such claims,demands,i the Contractor and the Surety, and they agree that all funds earned by the Contractor in the lens or suits performance of the Construction Contract are dedicated to provided there s 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. recily or indirectly, for all sums due. g 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 4.1 Claimants who are employed by or have a direct liable for payment of any costs or expenses of any Claimant contract with the Contractor have given notice to the under this Bond,and shall have under this Bond no obliga- g tions to make payments to, give notices on behalf of, or Surety tat 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 cinder 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 4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga- the Contractor: lions. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a co or notice thereof, to under this Bond other than in a court of competent jurisdic- py• lion 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 done 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 tine 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 above30days, or the Contractor, however accomplished, shall be suffi. have sent a written notice to the Surety fat the cient compliance as of the date received at the address address described in Paragraph '12)and 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 and statutory or other legal requirement in the location where enclosing a copy of the previous,written notice the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con. to the Contractor or to the Surety, that is sufficient compy• forming to such statutory or other legal requirement shall ance. be deemed incorporated herein. The intent is that this S Monti shall be c►mstrued as a statutory hand and not as a Construction Contract, architectural and engineering common law hand, services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 lllaart request by awry person ur enUtyappearing to be a all other items for which a mechanic's lien may be potential bene(k iary of this Mond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this(fond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or en lily having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, matenals 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, gaff, power, light, heal, 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 cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Soul) Company: (Corporate Seal) Signature: ____ Signature: Names and 'title: Name and Title: Address: Address: No. 207-027- 00264 EMPLOYERS INSURANCE OF WAUSAU A MUtUal Company POWER OF ATTORNEY KNOW AI.L 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 ALL 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 Z 0 ( e corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with W the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said tx attorney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a pr meeting duly called and held on the 18th day of May,197:3,which resolution is still in effect: ' RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF 0- WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A < Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, O and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach Z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' U) "FU RTH ER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU W A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and O any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding 0 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 W j signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1St day 0 < of November EMPLOYERS INSURANCE OF WAUSAU A Mutual Company T SEAL rr r By U- R.D.Farnswort Vice President W j Attest: Z W O D.J.Borrell Assistant Secretary STATE OF W ISCONSI ) LL )ss. O COUNTY OF MARATHON ) Ir On this day of November 19 8I ,before me personally came It.D. Farnsworth __ _ _ ort _ ,to me known,who being by me duly sworn,did depose Oand say that he is a vice president of the EMPLOYERS INSURANCE,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 affixed to said 0 instrument is such corporate seal and that it was so affixed by;order of the Board of Directors of said corporation and that he Q 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. )- O Z U) Donna I.utzow Notary Public NOTARY PUBLIC U) STATE OF WISCONSIN FZ- MY COMMISSION iS PERMANENT STATE OF WiSC:ONSiN 1 CERTIFICATE CITY OF WAUSALI )ss. COUNTY OF MARATHON ) 1, 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 powerof attorney is still in force. Shined and sealed in the City of Wausau,Marathon County State of Wisconsin,this day of �ovour,e SEAL . D.J.Borrell Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOM,FREE:(800)826.1661.(IN WISCONSIN,CALL.(800)47`—0041). NO. 108093 CASUALTY INSURANCE BINDER LIBERTY MUTUAL R tile,WA M•tl[I ft"'.iNF,Y.W41q M•iMll fPY/M..KM WITH RESPECT TO GL COVERAGE, THIS POLICY PROVIDES ❑ Claims Made ❑ Occurrence *^ �� ��• uRED CIT F JEFFER50N 320 EAST MCCARTY STREET ADDRESS JEFFERSON CITY, MO 65101 Pending the Issuance of the policy or policies of the type or types described below,LIBERTY MUTUAL INSURANCE COMPANY or LIBERTY MUTUAL FIRE INSURANCE COMPANY or LIBERTY INSURANCE CORPORATION agrees to Insure the Insured, but only for the coverages Indicated,in accordance with the provisions of the policy or policies In current use by It.The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein,subject to all the terms of the policy having reference thereto,and no Insurance is provided for coverages for which no such limit or amount Is stated.Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be cancelled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective,or(2)by the Insured by mailing written notice to the company staling when thereafter such cancellation shall be effective. This binder shall be effective on SEPTEMBER 11. 1986 at 12:01 _A, M., and unless previously cancelled, shall expire on NOVEMBER 10, 1986at 12:01 A.M., Standard Time,at the address of the Insured. Ma L POLICY NUMBER TYPE OF POLICY LOCATION LOCATIONS TO WHICH BINDER APPLIES lT0 FJC ASSIGNED) NUMBER- LX OWNERS' AND CONTRACTORS' 1 86 SANITARY SEWER PROJECT PHASE I PROTECTIVE LIABILITY JEFFERSON CITY, MO WI—MITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY WORKERS' COMPENSATION'LIABILITY AND SYMBOL SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES EMPLOYERS'LIABILITY STATES COVERED LX T14EHOUS EXCAVATING CO. , INC. (CONTRACTOR) LIMIT OF LIABILITY—COVERAGE 8 HWY 50 EAST, RTE 3 BODILY INJURY BY ACCIDENT JEFFERSON CITY, MO 65101 S EACH ACCIDENT BODILY INJURY BY DISEASE LOCATION OF COVERED OPERATIONS - LOCATION 1 AS STATED $ _EACH PERSON ABOVE BODILY INJURY BY DISEASE $ POLICY LIMIT BI &PD LIMITS OTHER LIMITS POL. LOC. GEN'L AGGREGATE PRODUCTS/COMP. FIRE LEGAL * MEDICAL * PERS/ADV.INJURY SYM NO. Other than Prod/Comp Op OPS AGGREGATE EACH OCCURRENCE LIAR.Per Fire PAYMENTS Per Person or Org. LX 1 $1,000,000 COMBINED SINGL LIMIT DEDUCTIBLE Retroactive Date is as defined in the policy and is the same as the effective date unless otherwise stated herein. g RETROACTIVE DATE: Subject to occurrence limit. This binder when dilly countersigned is issued On behalf of Lmt:RT%'MUTUAL. INSURANCE CONIPAN1'or LIHF:RTY MUIUAL FIRE INSURANCE COMPANY or LIBURTY INSURANCE'.CORPORATION,herein referred to as the Company as respects the indicated coverages under forms customarily written in such Company. IffhERTY MUTUAL.INSURANCE COMPANY SALES REP AND SALES OFFICE 1.IBI: ii v MuTUAI.FIRE INSURANCE:COMPANY EMMERICH 442 I.LHERTY INSURANCE CORPORATION POLICY ISSUING OFFICE NEW OR REN. ,��//,, I MI SHAWAKA NEW , ` , �.�: .�I oiwl ,. . ... . , .. . ... . TYPED tlY DATE ' 1 Countervigned Illy Aul Irad Representative 88 704 Printed In U.S.A. SLS 9/16186 Certificate of Insurance nit CD1 IF IN 0 auto At A lump(0 H1frOR6m"M ONLY ONo 001fil"I t NO RIGHTS U►ON YOU THE CEIITFFECATE HOLOEA.THIS CBRTIPICATE 4 NOT AM INSURANCE POLICY AND 9WA NOT AK;1140,!>E(MV,041 ALTIEN T"IE COY4£RAOE A"ORK0 BY THE POLICIES USM 1111 Low. This is t® Certify that Name and LIBERTY Twehous Excavating Company, Inc. address of MUTU AL Insured. treese,n�..nK- ww". u,>[.n v�nea ra-6Mr4.--feStaf e, Jefferson City, MO 65101 J L a,,at the issue dote of this cmttficate, insured by the Company under the policy(tes)listed below "The insurance afforded by the listed policy(ies)is sublect M all their terms,exclusions and conditions and is not altered by any requirement,tam or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY CERT. EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COY. B LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT WORKERS' 10/1/87 WC2-141-046504-086 MO $ 100,000 EA. ACCIDENT COMPENSATION BODILY INJURY BY DISEASE $ 100,000 EA. PERSON BODILY INJURY BY DISEASE S 500,000 POLICY LIMIT ® COPREHENSIVE 10/1/87 LG1-141-046504-096 BODILY INJURY PROPERTY DAMAGE ❑ SCHEDULE FORM . $ EACH $ OCCURRENCE 1,000,000 500,000 PRODUCTS COM LETED OPERATIONS $ 1,000,000 AGGREGATE $ 500,000 AGGREGATE U'm w< INDEPENDENT CON- COMBINED SINGLE LIMIT O TRACTORS/CONfRAC- BODILY INJURY AND PROPERTY DAMAGE TORS PROTECTIVE $ EACH OCCURRENCE LIABILLITY ITY CONTRACTUAL $ AGGREGATE LIABILITY 0 E OWNED 10/1/87 AS1-141-046504-016 $ 1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D. COMBINED J d �J NON-OWNED $ EACH PERSON EACH ACCIDENT EACH ACCIDENT iK 041RED $ OR OCCURRENCE $ OR OCCURRENCE °; Umbrella 10/1/87 LEI-141-046504-016 Excess Limit: $1,000,000 Excess Liability LOCATION(S)Of OPERATIONS k YOB If (If Applicable) DESCRIPTION OF OPERATIONS *NOTE to.,will NO$be ,arbod onnuo4y of the continuation of this coverage You will be notibed if this coverage is terminated is reduceo NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS r30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: City of Jefferson 320 East McCarty AUTHORIZED REPRESENTATIVE O Jefferson City, MO 65101 9/19/86 pr St. Louis DATE ISSUED OFFICE L_ .J This cendrtab is eteculid bt UBIRTY MUTUAL INSURANCE COMPANY m rest»cts loch mw,ance at is afforded bt Thai Company, it is e■ecuted by LIBERTY MUTUAL FIRE INSURANCE COMPANY at respects such.Auxo,tre m,s offcuda,d tit Thu'Comport,11,1 executed by IIBERTY INSURANCI CORPORATION as resnecis swcb mwrance as is ofla,ded by Thor Company BS 745 Aft co tu mommmum t?x go Certificate of Insurance YHIS CERTIFICATE IS ISSUED AS A MATTER OF INFOAMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND.EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to certify that Name F -� LIBERTY fwehous Excavating Company, Inc. .. address of M V T DUAL 0'. Route 3, Highway 50 East Insured. t«.r...tux . ..K .. t ...••�w.•�.r .r*,.a ,tw.�•-av"KI six Jefferson City, MO 65101 _j i of the issue date of this certificate, insured by the Company under the poticy(ies)listed below. "The insurance afforded by the listed policy(tes)is subject to alt Their terms,exclusions and conditions and is not ahered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY CERT. EXP. DATE POLICY NUMBER LIMITS OF LIABILITY .. COVERAGE AFFORDED UNDER W.C. COV. B LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT WORKERS' 10/1/86 WC7-141-046504-085 MO $ 100,000 EA. ACCIDENT COMPENSATION $BODILY Y BY DISEASE S EA. PERSON BODILY INJURY BY DISEASE $ 500,000 POLICY LIMIT ERC MAREHENSIVE 10/1/86 Lr7t-141-046504-095 BODILY INJURY PROPERTY DAMAGE t_h SCHEDULE FORM 500,000 EACH 250,000 EACH $ OCCURRENCE $ OCCURRENCE IF1`EDDUOPPERATIONS 500 000 250,000� $ � AGGREGATE $ � AGGREGATE U� Q INDEPENDENT CON- COMBINED SINGLE LIMIT O tllACroRS�coNTRAC- BODILY INJURY AND PROPERTY DAMAGE TARS PROTECTIVE $ EACH OCCURRENCE CONTRACTfUAL $ AGGREGATE L_7 LIABILITY O OWNED 10/1/86 AS1-141-046504-015 $ 1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D. COMBINED Q Q ® NON-OWNED $ EACH PERSON ® HIRED EACH ACCIDENT EACH ACCIDENT $ OR OCCURRENCE 1$ OR OCCURRENCE i Umbrella 10/1/86 LEI-141-046504-075 Excess Limit: $1,000,000 6 Excess Liability LOCATION(S)OF OPERATIONS d JOB Y(If Applicable) DESCRIPTION OF OPERATIONS: 86 Sanitary Sewer Pr ject Phase I, Jeffe son City, MO •NOTIE:You will NOT be notified annually of the connnuotion of this coverage.You will be notified if this coverage is terminated or reduced. NOTICE OF CANCEU.ATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS - DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: City of Jefferson 320 E. McCarty St. AUTHORI2EDREPRESENTATIVE ` CERTIFICATE Jefferson City, MO 65101 St. Louis HOLDER-► Attn: Bonnie 9/16/86 pr DATE ISSUED OFFICE L This certificate is executed by LIBERTY MUIUAI INSURANCE COMPANY as respects such insurance as is afforded by That Company,It is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY at tespech such insurance as is aff orded by That Company,if is executed by UBER"INSURANCE CORPORATION as respects such insurance us is afforded by Thai Company BS 745 ? C Id 4 �CLO c r