HomeMy Public PortalAboutORD10780 Am BILL NO. 86-175
SPONSORED BY COUNCILMAN BORGMEYER
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 SOUTH COUNTRY CLUB DRIVE
RELOCATION PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute a contract with Twehous Excavating
Company, Inc. , for the South Country Club Drive Relocation
Project, for the sum of $61,477.50.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved �L
Priding Off cer yor
ATTEST:
City Clerk
r
r
CONSTRUCTION CON'T'RACT
THIS CONTRACT, made and entered into this 0 day of
19_t_2_, by and between Twehoup ExcAVntinsz
hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City."
WITNT:SSETH: 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: saurh Cmintryr r1tih nriva Relocation
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 thirty (30) (xvAgnam 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 �fz'
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-()38 mdxEgkuX=Nb%XXXXXXXXXXXXXXXXXXXXXXXXX}�
in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record sharing the
names and occupations of all workmen employed in connec -
tion 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
AM 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
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 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.
NOTE: Paragraph (f) is construed to require the
procurement of Contractor's protective insurance
(or contingent public liability and contingent
property damage policies) by a general contractor
whose subcontractor has employees working on the
project, unless the general public liability and
property damage policy (or rider attached thereto)
w�
of the general contractor provides adequate
protection against claims arising from operations
by anyone directly or indirectly cmployed 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.
S. Liquidated Damages. The Director of Public Works may, at
his discretion, deduct $100.00 from any amount
otherwise due under this contract for every day Contractor fails
or refuses to prosecute the work, or any separable part thereof,
with such diligence as will insure the completion by the time
above specified, or any extension thereof, or fails to complete
the work by such time, as long as the City does not terminate the
right of Contractor to proceed. It is further provided that
Contractor shall not be charged with liquidated danages 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
aiid are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
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 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 mission 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. 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 bid . of Contractor
dated December 29. 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 followings
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
Am 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, 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-Highway 50 East-Jefferson City, MO 65101 . The date of
delivery of any notice shall be the second full day after the day
of its mailing.
15. Jurisdiction. This agrx-ement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
16. IN TESTIMONY WI-EERDOF, the®parties ha a hereunto set
their hands and seals this day of
19—��
CITY OF JEFFERSON, MISSOURI
By
MAYOR
ATTESTz
CITY CLERK
CONTRACTOR
Titles
ATPESTt
SECRETARY
. .r
TWEM®US EXCAVATING CO, INC. LL,IETTER ®F UNZIRO 1u�M 0"TUAL
Route #3 Hwy. 50 E.
JEFFERSON CITY, MO. 65101
DATE inn No.
(314)39354 ATTENTION
Bonnie Hubert
nE,
To Dept. of Public Works South CountrY Club Drivp Relocation
320 E. McCarty
Jefferson City, Mo. 65101
,r WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
• Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
• Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
1 Performance Bond
1 Payment Bond
1 Signed Contract
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
R] For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE �19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO �
SIGNED; r
M IMI2401 Wt'YY,7IM&, t Wo op 11 if enclosures are not as notod, kindly notify u at once.
I •
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LIC WORKS Dom',
FEB 03 1987
'1RtiC wS ® ,
R Wausau Any correspondence in relation to
this bond should be directed to:
Wausau lnsurance Companies
insurance
o Box 150
�� ������ Wausau,Wisconsin 54401
Bond Number 0750-60-048202-C.
Duplicate of A.I.A. Document A312 December 19134 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 #3, Highway 50 East 2000 Westwood Drive P.O. Box 8017
Jefferson City, Missouri 65101 Wausau, Wisconsin 54402-8017
OWNER (Name and Address):
C. ' ; )£ Jefferson
Jeii:erson City, Missouri
CONSTRUCTION CONTRACT
Date: January 20, 1987
Amount: $61,776.75
Description (Name and Location): South Country Club Relocation
BOND
Date (Not earlier than Construction Contract Date): January 29, 1987
Amount: Sixty One Thousand Seven Hundred Seventy Six and 75/100
Modifications to this Bond: None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Twehous Excav ting Co pan , Inc. EMPLOYERS INSURAA OF WAUSAU A Mutual Company
� r �
1 Signatur,• _ Signature:
! Name an itle: Name and Title: Bonnie S. Caruthers
! Attorney-in-fact
(Any additional signatures appear on page :3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
I AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
I other party):
I
I
I
t
I 815.4421 285
I �
1
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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 mined, tender 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.
(lie 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 conferences as 4 with rewonable promptness, the Surety shall be deemed
provided in Subparagraph 3.I. 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
Surety at its address described in Paragraph�h !t) below remedy available to the Owner. If the Surety proceeds as
Y g I 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
tion 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
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 the Construction Contract.To the limit of the
the contract. Such Contractor Default shall not be de- amount of this Bond, but subject to commitment by the
Glared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of
Sure-
the Surety have received notice as provided in Sub costs and damages on the Construction Contract,the Sure-
paragraph 3.1; and ty is obligated without duplication for:
3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc-
Ction of defective work and completion of the Construe
ontract Price to the Surety in accordance with the.
tion 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-
4 When the Owner has satisfied the conditions of Para• suiting from the actions or failure to act of the Surety
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
4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam-
Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor-
Contract; or malice of the Contractor.
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-
tion 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 arid completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to he 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 the 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
qualified surety equivalent to the bonds issued on the, Dons'
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph b in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of(he 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 and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstan(es: 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.
2
able to sureties as a defense in the jurk-diction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of Inburance or other claims
,the Owner or the Contractor shall for damages to which the Contractor is entitled, re-
10 Notice In the Surely, duced by all valid and proper payments made to or on
be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con-
nature page, IracI.
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 herefrorn 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 Balance of the Contract Price: 'fhr total amount neither been remedied nor waived, to pay the Con-
b the Owner t the rice: The
under the tractor as required by the Construction Contract or to
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 (:on-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parlivs, other than those appearing on the cover page.)
CONTRACTOR AS VRINCII'AL SURUTY
Company: (Corporate Seal) Company: (Corporate Seal)
Sif;nature _. � �e(1 --- � Signature:
Name am ille: Name and Title:
Address: Addwss:
3
11 Hill1111 11 1
• No. 207-027- 0 0 3 2 0
ENWMRS INSURANCE OF 1 AUSAJJ 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 ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRIT'T'EN
OBLIGATIONS IN THE NATURE THEREOF . NOT TO EXCEED THE PENAL SUM OF TWO MILLION
Z
FIVE HUNDRED THOUSAND DOLLARS ($2,500
0 a 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
Z 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
a meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect:
W "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF
a 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
F 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)
"FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
Q 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
Z to any bond, undertaking or contract of suretyship to which it is attached:'
W IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
W signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1st day
of November 19 81
DQ EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
—•
u By
R.D.Farnswort Vice President
ZAttest:
Cr ,e Q Z") ,&
4 O D.J.Borrell Assistant Secretary
STATE OF WISCONS )
U- )ss.
O COUNTY OF MARATHON )
W On this 1st day of November '19 81 ,before me personally came
3: R.D.Farnsworth to me known,who being by me duly sworn,did depose
d 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 the seal of said corporation;that the seal affixed to said
J 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.
Q IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above
written.
O
Z
to r Donna Lutzow Notary Public
C0 NOTARY PUBLIC
STATE OF WISCONSIN
t 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 and sealed in the City of Wausau,Marathon County State of Wisconsin,this 29th day
of January 19 87
(,O�IC41�
SEA D.J.Borrell Assistant Secretary
NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
Iw A'E"PC)
wausau Any correspondence in relation to
this bond should be directed to:
insurance 8 ndiau8lnsurance Companies
Box 150
�w
��B�9panees Wausau,Wisconsin 54401
Bond Number 4750-60-048202-C
Duplicate of A.I.A. Document A312 December 1984 Edition
Im
ayment Bond
Any singular reference to Contractor, Surely, 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 P.O. Box 8017
Jefferson City, Missouri 65101 Wausau, Wisconsin 54402-8017
OWNER (Name and Address):
City of Jefferson
Jefferson City, Missouri
CONSTRUCTION CONTRACT
Date: January 20, 1987
Amount: $61,776,75
Description (Name and Location): South Country Club Relocation
BON17
Date (Not earlier than Construction Contract Date): January 29, 1987
Amount: Sixty One Thousand Seven Hundred Seventy Six and 75/100
Modifications to this Bond: I X None L See Page 6
CONTRACTOR AS PRINCIPAI. SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
/ Twehous Exc at C 7ny, I c. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
V ,
Signatu . _ Signature: tiO
Name and Title: Name and Title: Bonnie S. Caruthers
Attorney-in-Fact
(Any additional signatures appear on page b)
(1:OR INFORA4A17ON ONI.Y---Name, Address and Telephone)
A(;ENI or BROKER: OWNER'S RLPRESENTATIVI (Architect, I ngirtm,r or
other party):
815.4421 285 4
I Ihe• Contra(for and the• Surety, jointly and severally, 6 When Ili(,Claimant has satisfied the conditions of Para-
bind Ihenselvvs, their heirs, exec utors, administrators, graph 4, the Surely shall promptly and at the Surety's ex-
suecessors and assigns to Ilse (honer to pay for labor, pease take the following aetions:
materials and equipment furnished for use in the perfor
manse of the Construe lion Contras t,which is inc orporated 6.1 Send an answer to the Claimant,with a copy to file
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 respec I 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 indirec Ily, amounts.
for all sums clue 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 forany payments made in good faith by the Surety.
person or entity who furnished labor, materials or
equipment for use in the performance of the Construe 8 Amounts owed by the Owner to the Contractor under
lion Contract, provided the Owner has promptly noti- the Construction Contract shall be used for the perfor-
fied the Contractor and the Surety (at the address de- mince of the Construction Contract and to satisfy claims,if
scribed in Paragraph 12) of any claims, demands, liens any, under any Construction Performance Bond. By the
or suits and tendered defense of such claims,demands, Contractor furnishing and the Owner accepting this Bond,
liens or suits to the Contractor and the Surety, and they agree that all funds earned by the Contractor in the
provided there is no Owner Default. performance of the Construction Contract are dedicated to
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
contract
Surety (at the address described in Paragraph Claimants who are employed by or have a direct with the Contractor have given notice to the under this Bond,and shall have under this Bond no obliga-
lions to make payments to, give notices on behalf of, or
Surety 12) and
sent a copy,or notice thereof,to the Owner,stating that otherwise have obligations to Claimants under this Bond.
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
4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga-
the Contractor: Duns.
11 No suit or action shall be commenced by a Claimant
.1 Have furnished written notice to Ihe Con- under this Bond other than in a court of competent jurisdic-
tractor and sent i copy, or notice Thereof,last tion In the location in which the work or part of the work is
the Owner, within as days after having last located or after the expiration of one year from Ihe date(1)
performed labor or last furnished e claim materials h 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
Sub-
substantial accuracy, the amount of Ihe claim labor or service was performed by anyone or the last mate-
and the name of the party to whom t and mate- vials o equipment were furnished by anyone under Ili(,,Ili(,,vials were furnished or supplied or whom r 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 rrom the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica-
in .30 clays of furnishing the above notice any ble.
communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall
Ihe Contractor has indicated the claim will he 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 theahove.10(lays, or the Contractor, however accomplished, shall be suffi-
have sent a written notice to the Surely(at the cient compliance as of the elate received at the address
address described in Paragraph 11)and sent a shown on the signatures 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 copyof the previous written notice the construction was to be performed,any provision in this
lurnished to the Contractor. Bond conflicting, with said Statutory or legal requirement
5 If a notice sec{aired by Paragraph 4 is given by the Owner shall be deemed deleted hvrvfrom and provisions con-
lo the Contractor or to Ihe•Surety, that is sufficient compy. farming to such statutory or other legal requirement shall
Mice, be 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
all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or steall permit a copy or equipment were furnished.
to be made.
1S DEFINITIONS 15.2 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 Contractor 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 b the Construction Contract or to
lion 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 cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
6
No. 207-027- ' 00321
EMPLOYERS INSURANCE OF WAUSMJ A Mutual Company
POWER
OF ATTORNEY KNOW At,[,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
Y FIVE HUNDRED THOUSAND DOLLARS {$2,500
Z_
Q e corporation thereby as fully and to the same exi.:itt as if such bonds were signed by the President,sealed with
OWC the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
z 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
cc q meeting duly called and held on the 18th day of May,1973,which resolution is still in effect:
a s "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF
tl 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
H 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."
W
"FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
p 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
Z to any bond, undertaking or contract of suretyship to which it is attached:'
W
W IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
W signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1st day
of November
'19 81
to EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
= s sen
By —
LL R.-D- Vice President
W
Z Attest:
cc 1 (2 Z,,) /
D.J.Borrell Assistant Secretary
<C STATE OF WISCONS )
u- )ss.
O COUNTY OF MARATHON )
It On this 1st day of November 19-9-1—before me personally came
R.D.Farnsworth to me known,who being by me duly sworn,did depose
a 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 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
signed his name thereto by like order.
q IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above
written.
O
Z
C/) 46nDe
Lutzow Notary Public
NOTARY PUBLIC
STATE OF WISCONSIN
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 and sealed in the City of Wausau,Marathon County State of Wisconsin,this 9t-h -- day
of January ' 19 87,
E 5EA D.J.Worrell Assistant Secretary
o
NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
A`r•TQiiN{�uY
Emm
NO. 100597 CASUALTY INSURANCE
BINDER LIBERTY
MUTUAL
L
irttr.ltfw+6Aq mires..1■n 1y+,a!mul•a D7Mr•+•�01T
WITH RESPECT TO GL COVERAGE,THIS POLICY PROVIDES ❑ Claims Made ❑ Occurrence ■^ a
DUAED CITY OF JEFFERSON
.w
320 E. 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 pollcy 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 stating when thereafter such cancellation shall be
effective.
This binder shall be effective on JANUARY 26, 1987 at 12:01 A. M.,and unless previously cancelled,
shall expire on MARCH 25, 1987 at 12:01 A.M., Standard Time, at the address of the insured.
svMOOt. P(°o ue ass NEDR TYPE OF POLICY NUMOEreN LOCATIONS TO WHICH BINDER APPLIES
LX OWNERS AND CONTRACTORS 1 SOUTH COUNTRY CLUB DRIVE RELOCATION
PROTECTIVE LIABILITY
WIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY
WORKERS'COMPENSATION AND POLICY
EMPLOYERS' LIABILITY SYDOL SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES
STATES COVERED
LX TWEHOUS EXCAVATING CO. , INC.
LIMIT OF LIABILITY—COVERAGE B M4Y 50 EAST, RT. 3
E'ODILY INJURY BY ACCIDENT JEFFERSON CITY, MO 65101
$ EACH ACCIDENT
BODILY INJURY BY DISEASE
$ EACH PERSON LOCATION OF COVERED OPERATIONS — LOCATION 1 AS STATED 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 LIAB,Per Fire PAYMENTS Per Person or Org•
LX 1 $1,000,000 COMBINED SINGLE LIMIT
DEDUCTIBLE Retroactive Date Is as defined In the policy and is the same as the effective date unless otherwise stated herein,
$ RETROACTIVE DATE: F Subject to occurrence limit.
This binder when duly countersigned is issued on behalf of LIBERTY MUTUAL INSURANCE COMPANY Or LIBERTY MUTUAL FIRE INSURANCE COMPANY
Or LIBERTY INSURANC'I:CORPORATION.herein referred to as the Company as respects the indicated coverages under forms customarily written in such
SCompany.
ERTY MUTUAL.INSURANCE COMPANY SALES REP AND SALES OFFICE
LIBI RTY MUTUAL.FIRE INSURANCE COMPANY EMMERICH 442
(LIBERTY INSURANCE CORPORATION POLICY ISSUING OFFICE NEW OROR NEN.
MISHAWKA NEW
"_ �' TYPED BY DATE
t1c•1+••• 1•1f.DIM1 Countersigned Hy Authorised Repr tetive SLS 1 26 87
SS 704 Printed in U.S,A.
CwtilM.at® of Insuramw
V"=RWMA7r 731tDMP All A NATTIER W WROAMATON ONLY AND CoattRS NO 0011311 LIPI 1"U TM CnTNICATQ OMM THIS CFIII1T1A11',ATII 4 81107 AW M014111101
SVJCY AND DM HM Ad119ND,9MND.00 ALT811 THE I7 i AA9t 1111"M090 OY"M POI.10173,LUM RUOfll.
This is to Cer1iN that
Nome and
r1
LIBERTY
Excavating of MUTUAL We�iDUC iixcalvoting Company, Inc. Insured. tsw+rmrrw.aa,rtrotte+a. wamrn113aw
Route 3, Bighway 50 East "'".°'"°° "'
Jefferson City. MO 65101
'{... ,,j
Is,as 1M i'Ava dole of this coriffiat e. hAVrstid by the Company undet she polrcY(ves)listed below. •The Iraartonce afforded by Ow Itittod Po1Ky(isis)N subrect 90 oil
4hert wrens.exclusions and conditions and Is not obored by any mqunemont,term or condition of any controcf or other document with respect to wflich this ce"ifKOae
may be"ailed
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 a 100 000 EA. ACCIDENT
COMPENSATION BODILY INJURY BY DISEASE
S 100,000 EA PERSON
BODILY INJURY BY DISEASE
-
- -.- -
-1-S-5 0-,1010 -POLICYilh��T
COMPREHENSIVE 10/1/87 LG1-141-046504-096 BODILY INJURY PROPERTY DAA AGE
EACH EACH
SCNFDUiF FORK $ OCC RRusia $ OCCURRENCE
1,000,000 500,000
PR,DJC`: CON
> LETED OPERATIONS $ AGGREGATE $ AGGREGATE
of = 1,000,000 500,000
ED
UA INDEPENDENI CON COMBINED SINGLE LIMIT
TRACTORSfCONTRAC• BODILY INJURY AND PROPERTY DAMAGE
TORS PROTECTIVE
EACH OCCURRENCE
CONTRALTUA $ AGGREGATE
11ABltIT�
r
i�
O OWNEC 10/1/87 ASI-141-046504-016 $ 12000,000 EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D. COMBINE
P.- _
co �' NON-owN C EACH PERSON
EACH ACCIDENT EACH ACCIDENT
HIRED $ OR OCCURRENCE $ OR OCCURRENCE
a Umbrella 10/l/87 LEI-141-046504-076 .Excess Limit: $1,000,000
Excess Liabili y
4OCAYION(S:OF OPERATIONS it X*I(i!ApphcableJ nESCRIPTION OF OPERATIONS
South Country Club Drive Relocation
""On to.—1.1%0*or nobhn anti q!q or IM COebn,,obo,a,Inn covwapr to,w' be not-t.00^th,{Cowe•oge U le mina,eo d roouceo
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAILED TO:
F City of Jefferson
320 E. McCarty Street AUTHORIZED REPRESENTATIVE
CERTIFICATE Jefferson City, MO 65101
HDLD(R-► Attn: Bonnie Hubert 1/26/87 sas St. Louis
DATE ISSUED OFFICE
L J
T,,,+cMA,to,s n orewroo sit IWRTY MUTUAi INSURANa COMPANY as retprns sucl'mawan r as a otto•d.d bI That Compon,.it n axwused ar 1WVTv MJTUk F1RI INSURANCT COMPANY as
Iwper,l.0,Mw'ance at it otfo•ded br The'Cc-,pal,, n is a■ra,u,ed b)IINRIV INSURANU CORPORATION oc re►Pern wcil,muranrr as w atto,drd bI Tito,Compor,,
716