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HomeMy Public PortalAboutORD10845 BILL NO. 87-29 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. /6 F V/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ILLINOIS ROAD CONTRACTORS, INC. , FOR THE 1987 ROTO-MILLING PROJECT. BE IT ENACTED BY THE 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 Illinois Road Contractors, Inc. , for the 1987 Roto-Milling Project for a sum not to exceed $39,870.45. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed�'7 Approved A. Presi ' Officer Ma •or Y ATTEST: City .Clerk CONST1A)MON CONTRACT 'IH`I$ CONT}2AGT, made and entered into this ��r day of 19 $-7 by and between Illinois Road Contractors, Tnc_. _ _ hereinafter called "Contractor", and the City of Jefferson, Missouri, a ►municipal cor.'pOration, hereinafter called "City." W1114F.SSE11i: That tniereas, the Contractor has become the lu•:rest re!jx)nsi.ble bidder for furnishing the supervision, labor, Lools, erirril�n.nt., materials and supplies and for constructing the fot.lr�:�inr3 City .irrprovc:rants: 1987. Roto-Tti 11i Project _ WJ.I '1'111 REFORS, the parties to this contract agree to the fop Icpe)1ng: 1. Manner and t.irne_ for Co.i-pletiOn. The Contractor agrees with the City to furnish - all supervision, labor, tools, ecluip.wnt, materials and supplies necessary to perform, and to perform, said work at Contractor's o::,n expense in accordance with the contract docLrnents and any applicable City ordinances and state and federal laws, within thirty (30) (calendar, iI fran the date Contractor is ordered to proceed, %•:hi.ch order l shall be issued by the Director of Public Works within ten (10) days after the date of this contract. Aft 2. Prevailing Wages. All labor utilized in the construction of the a forelrr_ntioned inv_�rovcrncnts 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 Departirr_nt of Labor and Industrial Relations of the State of Missouri., and as established by the Federal ETployment Standards of the DIIirj nt of Labor. Contractor acknowledges that ContracLor knoas the prevailing hourly rate of %•:ages for this project because Contractor has obtained the prevailing hourly rate of %•.ages from the contents of Special. Wage Determination Igo. _7A M=10—.. x-rcx3,>[X-,Za •,x:"7;x)ilrxxxxxxxxxxxxxxxxxxxxxxxxxx, in which the rate of wages is set forth. 'The Contractor further agrees that Contractor will keep an accurate record shcyaing the n nr __s ' and occupations of all %•:or%-ren c.rrployed in connec -- Lion with the work to be performed under the ter ins of this contract. r The record shall shcra the actual wages paid to the tirr3%,T�n in connection with the rrork to be performed under the Lenns of this contract. A copy of the record shall be delivered to the Director of Public Vbrks each week. In accordance with Section • 290.250 RSt:o, Contractor shall forfeit to the City Ten Collars ($10.00) for each ,.or)-.reran P-aployr_d, for each calendar day or portion thereof that the workTnan is paid less than the stipulated rat.rs for any 4.ork done under this contract, by the Contractor or any subcr,nt_ractor ureJer the Contractor. 3. In:,ur&nce. ConLr.•a,,Aor procure a:A nv3intain at its a..n expncnf�c dur 5 ng the lire of this contract: (a) Workmen's Corn.ration Insurance for alll off its enV:)loyees 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 s5_ngle accident or occurrence, except for those claims governed by the provisions of the Missouri workrrs_•n's cosrrpensation law, Chapter 287, RSMo. , and Contractor's ProperLy DaN39e Insurance in an amount not less than $300,000 for all. claims arising out of a single accident or occurrence and $100,000 for any one person . in a single acci.dirent or Occurrence. (c) Auto:robilc. Lizib3l.iLy Tnsu.rance in an a.TKount not less than $300,0 for all cl.a arts saris i ng out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) (?.-mar's Protective Liability Insurance - Me Contractor shall also obtain at its o:rn expense and deliver to the City an Daner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an , mount 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 j)racure and rruintai.n all insurance required in Sub- paragraphs (a), (b) .and (c) hereof and in like amounts. (f) Scope of Insurance and S2S-c.ial Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate juotection 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 dixectly or indirectly Gmloyed by it, and also against any special hazards which rry y lr encountered in the pe,r.foymonce of this contract. OWE: Paragraph (f) is construed to require the ` procurc:rent of Contractor's protective insurance (or contingent public liability and contingent pro /ei L dam-age policies b a general contractor Ah 1 1'� = Y policies) Y ;hose subcontractor lias e.-r-ployees v:orking on the project, unless thr_ g_-neral public liability and properLy claxege jxalicy (or rider attach,-A thereto) • o e of the general contractor provides adequate protection against claims arising frcxn operations by anyone dixectly or indirectly eirployed 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 onissi.ons of its subcontracLo;s, and of persons either d i r.ect:ly or indirectly c::irpl oyed by them, as Contractor is for the acts and aniss.ions of persons it directly (-rploys. Contractor shall cause appropriate provisions to be inserted in all sulx�ontract:s relating to this N:,ork, to bind all su'oconi_racLors to Cont:r..:ictor by all the teens herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same per::er regarding termination of any suuc ontract_ as the City nay 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 beLsjoen any sui.)contractors. S. Li_gi.idated Da-rtia_aes. 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 sepr.a able part thereof, with such diligence as will insure the cc;ihletion by the tine above specified, or any extension thereof, or fails to canplete the work by such U-ne, 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 da-iages lx-cause - .. . . of delays in the coTpletion of the �:ork 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 talus contract by giving at .least five (S) days' prior ivrRten notice to the Contractor, without prejudice to any other rights or rernedi.es of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assigrn•rient 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 propc,rly skillc-A worl::r,-n or proper material, or if Contractor should refuse or fail t:o make pro.ipt payrent to any . person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to obseLve or perfoi.m any provisions of the contract. 7. • City's Right- to Procced. In the event this contract is t-e►7ninated pursuant to Paragraph 6, then the City n,.-::-y Luke over the work and prosecute the sa:rn_ to carnletion, by contract or 01.11rarwise, and Contractor a►xl its sureties shall be liable to the City for any c csLs over the r::rount of this contract thereby occasioned by I-lia Ci t.y. In any such case the C- ty may take 1r.�:sscs�ign of, :arid uLili.ze in cr.foleting the .:ork, such Jr:aLerial s, i:ppl i-cances and sLrur-Lures Z!-s ►iti;y be on the 4:ork site • P ti P ' and are necessary for c..apletiop 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. 'I'he Contractor agrees to defend, indevuiify, and save the City lvaunless fran and against all claims. suits and actions of every description, brought against the City and from all dLiimge and costs by reason or on account of any injuries or da!Tvi(ges 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 conlr_act to Contractor. 9. •rndc-rinity. The Contractor agrees to defend, indemnify, and save the City har;nl.css Iran and against. all claims, soi.'.s and actions of ev(::Ly description, brou%ht against the City and £rain all dLin_ge and costs by reason or on account of any injuries or damages received or sustains-d by any person or r arsons, or their property, by Contractor, it's servaints, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the per:foLlnr!nce of the same, or on account of any act- or omission of Contractor, its servants, agents, or subcontractors, or arising out of the a::ard of this contract to Contractor. 10. Payrrrent 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 canpleted pursuant to this contract. Contractor shall furnish to the City a bond to insure the paynent of all materials and labor used in the perfourance of this contract. 11. Pint. 'Inie City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule set- forth in the Contract DocLrrr'nts upon acceptance of said work by the Director of Public t•:orks and in accordance with the rates and/or amounts stated in the bid . of Contractor dated __May 229 __, 19_ 87 _, which are by reference made a part hereof. No partial payment to the Contractor shall or-x,-rate as approval or acceptance of work done or rrvatorials furnished hereunder. 12. Contract Docu rr_•nts. The contract documents shall consist of the foll.craing: a. 'Phis Contract e. General Conditions b. -Addr_•nda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. SiGned Copy of Bid h. Drzr/J]rlgs and/or sketches 77)is cortt:rcact and the other (3-Cirr,�r,ts in this para-,jraph, farm the Contract lrAwcon t)-r-- parties. 'mr-se doeur,:nts are as rul,ly a cart of L)v: contract as if attached hereto or rel/cated l;er:cin. 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 cwployee of Contractor or applicant for eaployment and shall include a similar provision in all subcontracts let or awarded hereunder.' 14. Notices. All notices required to be in writing imay be given by first class inail address to the City of Jefferson, 320 F. McCarty, Jefferson City, Ni.ssouri 65101, and Contractor at _P._0. Box_ 666 Jacksonville. IL 62651 The date of ae.f i of—any notice shall be the second full day after the day of its mai] ing. 1 15. Jurisdiction. 'Phis agreerent and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TFSTIt•X:)NY V,11F.RF)0F, the parties h3v hereunto set their hands and seals th.i.s _ �' day of 1g�'7 ._ r CITY OF JEFFERSON, MISSWRI ' Aft By ATTEST: CI'T'Y CLERK COMI'RAC 1 OR By Title: A'I'I'L'ST: SF,CRr 1'I. Y PERFORMANCE AND PAYMENT BOND JQGV AM MEN BE 'I71ESE PRI S M, that we, the undersigned I1�i�II3S1x.�S Ate TAAGT,QRS, INQ.— JACKSONVILLE, ILLINOIS _, hereinafter referred to as "Contractor" and AMERICAN STATES INSURANCE COMPANY a Corporation organised under the laws of the State of INDIANA and authorized to transact business in the State of MISSOURI as Surety, are held and firmly bound unto the CITY OF JEFFERSON hereinafter referred to as 'OC ner" in the penal sum of THIRTY NINE THOUSAND EIGHT HUNDRED TWENTY FIVE AND NO/100- - -- DOLLARS ($ 39,875.00** ), lawful money of the United States of America for the paSuent of which sum, well and truly to be n•o.de, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CO` )ITION CF THE FOREGOING OBLIGATION IS SUCH THAT: 1p UUM—M, the above bounden Contractor has on the 16th day of JUNE , 19 87 _, entered into a written contract with the aforesaid Neer for furnish- ing all materials, equipment, tools, superintendence, labor, and other facili- ties and accessories, for the construction of certain i.mproveiments as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW 719-REFORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent grid meaning in each case, and if said contractor shall replace all defective parts, material and morkmarship for a period of one year after acceptance by the akner, then this Obligation shall be and become null and void; otherwise it shall remain in full., force and effect. PROVIMM FM IM-11, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equilx»ent and tools con arned or used in said work, groceries and foodstuffs, and all insurance proniums, compensation liability, and otherwise, or any other supplies or materials used or consuned by such Contractor or his, their, or its subcontractors in performance of the %%ark contracted to be done, the Surety will pay the sarrje in any annunt not exceeding the amount of this Oi)ligation, together with interest as provided by law: 4 PROVIDED FUFM.UM, that the said Surety, for value received, hereby : stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be perfoiTned thereunder, or the specifications acca%)anying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of.time, alteration, or addition to the terms of the contract, or to the work, or to the specifications; PMVIDM FURTBM, that if the said Contractor fails to pay the prevail- Ing hourly rate of rouges, as shown in the attached schedule, to any %ork�vtn engaged in the construction of the improvements as designated, defined and described ha the said contract, specifications and condi- tions tthereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of (his/its) act or anission, in any amount not exceeding the amount of this obliga- tion together with interest as provided by law: IN1TSTI`1ONY W ERDOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Jacksonville, M. on this the 17th day of JUNE , 19 87 . AMERICAN STATES INSURANCE CLUPANY ILLINOIS ROAD CONTRACTORS, INC. �SLTIETY OJ1SPIVY 00 9C'I'0R By (SEAL) By (ML) By, �'� sue') BY (SEM) Attorney-in-fast (State Representative) teven C. Turner (Accompany this bond with Attorney-in-fact's authority from the Surety Caq)any certified to include the date of the bond.) i GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the laws of the State of Indiana,and having its principal office in the City of Indianapolis,Indiana,halh made,constituted and appointed,and does by tttese presents make,constitute and appoint -----------------------------------STEVEN C. TURNER------------.---------------------- IV IV C.� of_ Jacksonville and State of Illinois Q0 its true and lawful Atiorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and �y deliver any and all bonds, recognizances,contracts of indemnity and other conditional or obligatory undertakings, Arovided. however, that the penal stun of any one such instrument executed hereunder shall not exceed TWO HUNDRED FIFTY THOUSAND AND N0 1100 ($250,000.00) DOLLARS------------------ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed byy the President,sealed with the common seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises.This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company,which reads as follows: "The Chairman of the Board, the President or any Vice-President shall have power, by and with the concurrence with the Secretary or any Assistant Secretary of the Corporation,to appoint Resident Vice-Presidents,Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Corporation may require or to authorize any one of such persons to execute•on behalf of the Corporation,any bonds,recognizances,stipulations and undertakings.whether by way of surety or otherwise- IN WITNESS WHEREOF,American States Insurance Company has caused these presents to be signed by its Vice-President,attested by its Assistant Secretary and its corporate seal to be hereto affixed this 8th day of- June ANk �f A. D. 19 87 AMERI N ST -111EIS INSURANCE CDMPA (SEAL) l�I B ATTEST: ,C '� � y Assistant Vice-Presicem r Assts a}• STATE OF INDIANA SS: COUNTY OF MARION On this 8th day of_. Juuie A. D., 19_ 87 before me personally came Alanson T. Abel , to me known, who being by me duly sworn,acknowledged the execution of the above instrument and did depose and say;that he is a Vice-President of American States Insurance Company;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Al anson T. Abel further said that he is acquainted with._Gilbert Taylor and knows him to be the AssistanS relar scox tt ;EXPIRES that he executed the above instrument. N ( y ofai I raio 1NUAR1 10. 1989 My Commission Expires Notary Public STATE OF INDIANA SS; COUNTY OF MARION} Gilbert Taylor the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which is still in full force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the president or a vice-president and She secretary or an assistant secretary, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation,may be facsimiles.Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." In witness whereof,I have nereunto set my hand and affixed the seal of said Corporation,this / day of. ^e A. D., 19 ��. t (SEAL) Form 9.1459(e•eo) eee Stter�tary-.. c P' A OfISSUE DATE(MMIDD/YY) PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS COWAN �OpgWA & Road OF "Is&MRI• IK. EXTEND ORUA�ER THE COVERAGE AFFORDED YC THE IPOLIC ES BED NOT AMEND, �St. Louis, Va 613124 COMPANIES AFFORDING COVERAGE OWAa: Tom KrIp LETTER PANY A 1 (314) 721-f Western World Insurance LET-TER COMPANY E� INSURED Continental Casualty Co. ILLINOIS ROAD CONTMUNS, INC. ETTERNY C P.O. Box 666 -'--- Jacvglle• Illinois 62651 COMPANY LETTER COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY ExPIFwnON LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER LTR DATE(MhUDp/YY) DATE(MKOONY) EACH AGGREGATE OCCURRENCE GCNERAL LIABILITY BODILY CCMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY UN(PLOGROU3 COLLAPSE HAZARD DAMAGE $ $ PRODUCTS/COMPLETEO OPERATIONS ' 75 D-26. 6 26-8T CONTRACTUAL BI a PD q®9� �'� INO[PENDENT CONTRACTORS $1 COMBINED BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY a :r ANY AU' PEN f0 IPEH P ( PEa5EN) $ ALL OWNED AUTOS(PRIV PASS) by y OTHER THAN IWRY ALL OWNED AUTOS(OTHER PASS.I Roa'ewdi of IPEFI AMDENTI $ HIRED AUTOS ARB .5",,.59-44 -24-87 4-24-$8 PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI a PD COMRINED EXCESS LIABILITY UMBRELLA FORM BI a PO OTHER THAN UMBRELLA FORM COMBINED $ $ WORKERS'COMPENSATION STAYUTORY AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATION SILOCATIONSNEHICLES/SPECIAL ITEMS s • • Cmc. ty of Jefferson - Dept. of Public A77F7OR F THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- TE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 E. McCarty St. AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City, MO 65101 RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY _ __ PON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU IORIZED REP ESEN ATIVF Danis .. CERTIFICATE OF INSURANCE Wausau insurance Companies •tt• p r is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. s certificate is not a policy or a binder of insurance and does not in any way alter,amend or extend the coverage afforded by any policy referred to herein. Name and Mailing Address of Insured I ' Illinois•Road Contractors, Inc. Producer No.: 2869 520 N. Webster Office: SP Jacksonville, IL 62651 I Date: 6 17 87 L _I Region: River Forest, IL Type of insurance CO. Policy Number Pbiicy Effective Policy Expiration •Unless otherwise indicated, this policy affords full coverage under the NO Date(MO/DY/YR) Date IMO/DY/YRl Workers Car4ensation laws of an states(except states where coverage can be Workers provided only by State Funds,and Canada)and as designated in the policy and Corrpoinsallon•• 7 0218 00 067940 6 19 87 6 19 88 endorsements for Part Two(Employers Liability). Liability Limits In Thousands Corriprrhensrve General Bodily Injury-Each Occurrence $ Liability Aggregate $ Special AWlti-Peril or Property Damage-Each Occtrrcnbe $ Trademark(Section It only) Aggregate $ Contractual-All Written Contracts ( )Included( )Excluded Single Limit•Each Occurrence $ Products-Completed Operations: ( )Included( )Exckx -Aggregate $ Owners;Landlords and Bodity Injury-Each Occurrence $ Tenants Liability Property Damage-Each Occurrence $ Aggregate $ W.a Contractors Aggregate $ ProteLtive Each Occurrence $ Single Limit Auto Liability Each Accident $ Bodily Injury ( )All Owned Autos Each Person $ ( )Specified Autos Only Each Accident $ ( )FNred Autos Property Damage ( )Nonownod Autos Each Accident $ Umbrella Each Occurrence $ Liability Aggregate Products-Completed Operations $ Retention $ Special Provisions/Locations/Specifiod Autos: Additional Named Insured: State Materials Service, Inc. Notwithstanding any requirement,term or condition of any cantract or other document with respect to which this certificate may be issued or may pertain,the Insurance afforded by the policy(pdiciea)described above is subject to all of the terms,exctuskxm and conditions of such policy(policies)during the term(s)thereof. •The entry of a number in this column means that the coverage Is afforded by the company designated by Iln same number. •Issuing Company No. 2.EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Issued to: 3.WAUSAU UNDERWRITERS INSURANCE COMPANY •City of Jefferson 5.WORLDWIDE UNDERWRITERS INSURANCE COMPANY Dept. of Public Work 7.ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 320 E. McCarty Street 1.WAUSAU LLOYDS Jefferson City, MO 65101 • signed 161 leoriz Represeretathre 187 (S)16.6738 WASHNGTONDuplicate of A I Form A3II Feb. 1970 Edition Mtn 4IS-100-6201 U-4 ERNA*nONAL MSURANCE CY1MPAINY LMOR & MATLWM P1 YMM BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That ILLINOIS ROAD CONTRACTORS, INC. -- (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and _ WASHINGTON INTERNATIONAL.-INSURANCE COMPANY_ (Here iert full name and address or legal title of Surely) _ _, as Surety, hereinafter called Surety, are held and firmly bound unto _ CITY OF JEFFERSON. DEPARTMENT OF PUBLIC WORKS (Here insert lull name and address or legal title of Owner) as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined ount of FIFTY SIX THOUSAND SEVEN HUNDRED TWENTY FIVE AND NO/100 Dollars ($ 58 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 6/3/87 entered into a contract with Owner for_ 1987 MILLING PROJECT in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as ereinatter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obli- ation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the dale on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follow- ing: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (l) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the stale in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any pa:t thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in- clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 6TH day of JULY _ _A.D. 19 87_ ILLINOIS ROAD CONTRACTORS, INC, (Principal) (Seal) ' (Witness) �7 (Title) WASHINGTON INTERNATIONAL INSURANCE COMPANY — - �j (Surety) (Seal) (Witness) SC 600203 Rev.1/84 BY .,�. Duplicate of A 1 A Form A31! reb 1970 Edition WASHINGTON BOND #S-100-6201 L'YiTt NA,nO,,NAL INSLIRAINC'E(A)WAM' _._. PERFORMANCE BOND KNOW ALL 14EN BY THESE PRESENTS: .Chat_ _i_ ILLINOIS ROAD CONTRACTORS, INC. _ (Here Insert full name and address or legal title of Contractor) as Principal,hereinafter called Contractor,and WASHINGTON INTERNATIONAL .INSURANCE COMPANY _. t i:o:e .. . •.14. name and uddte_% �, ieg•j: t.:,: a1..ure,y� as Surety, hereinafter called Surety, are held and firmly, bound unto CITY OF JEFFERSON, DEPARTMENT OF PUBLIC WORKS (Here insert full name and address or legal late of Owner) as Obligee,hereinafter called Owner, in the amount of FIFTY SIX THOUSAND SEVEN HUNDRED TWENTY FIVE AND NO 100 _ Dollars ($— 56,725.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 6/3/87 entered into a contract with Owner for 1987 MILLING PROJECT in accordance with drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. he Surety hereby waives notice of any alteration or extension of time made by the Owner. henever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the defat.tlt, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest respon- sible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract fal!s due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 6TH day of JULY ILLINOIS ROAD CONTRACTORS, INC. (Principal) (Seal) _ (Witness) (Title) WASHINGTON INTERNATIONAL INSURANCE,COMPANY.__ G (Surety) (Seal) (Witness IBYCOALD J. LU Attomey-in-Fact SC 600204 Rev.l/f34 v STATE OF MISSOURI COUNTY OF ST. LOUIS On this 6TH day of JULY , 19 87 before me S. DREIWN a Notary Public in and for the said County of ST. WUIS state of MISSOURI , residing therein, duly commissioned and sworn, personally appeared GERALD J. LUX known to me to be the Attorney in Fact of the WASHINGTON INTERNATIONAL INSURANCE COMPANI the Corporation that executed the within instrument. Notary tic in and for the County of St. Louis, State of Missouri KAREN S. DRENNAN NOTARYcFUBLICt'STr(T�UtVT MISSOURI NOV, 2, 1990 MY G�ldtd LSit is i ;WGLS . ... ,.... ,. n.M..:n• :.t.r:.+ ..-.>•;• •;7l:^. »t*,•t.r m!!7!.'!,!'!±;t,'!7!1^T;7!,tT�!�!7!w7��r��r•..n.•,wwntr7•t!:!•!/,.'S1,77,'7!T!,��! ,;. ��"}7 '' f . o WAS"I m.70" I"TCANATIONAL, L NSup'%mce co"PANY 9000CA Ol ATTOANCY XMW AU, WCN DY Ti1CSC PA"ENTSt That the Nashington international insurance C.oapany. et Corporation organised and existing under the lave of the State of Arizona* and having its principal officer in the Village of Schau"ucq, X111noic, does hereby constitute and appoint • • P604a A. eeelMan, Timothy J. Danis, Gregory Louvlerr, Gerald J, Lux, and Robert A. duller • its true and lawful attorney(s)-in•-fact to execute, seal and deliver for and on Its behalf as surety, any end all bonds and undertakings, recognisances, contraets'of indennity and other writials obligatory in the nature thereat, which ace or nay be allowed; requited, or permitted by law. statute, rule, regulation. contract or otherwise, and the execution of such lnstcooent(s) ' in pursuance of these presents, shall be as binding upon the said Washington -international Insurance Company as fully and amply, to all intents and purposes, as If the case has been duly executed and acknowledged by its President at its princi(,Al office. 71vi; Power of Attorney shall be limited In amount to $500,000.00 for any single obligation. This Power of Attorney is Issued pursuant to authority granted by the resolutions of the 8oac4 of Wrtctoc. adopted February 1, 1576, and January 17, 1984, which read, in part, is follows: 1. The President way appoint Attocneys-in-Fact, and authorise them to execute on behalf o, the Company. and attach the Seal of the Company tteceto, bonds, and undertakings, re rtizancea, contracts of Indemnity and other wcitings,obli atocy in the nature thereof, and t6 appoint Special Attocneys-in-Faiet, who are hereby authorized to certify to copies of any rimer-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, A114 to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.- 2,. The signatures of the Chairman of the Board, the President, Vice Fresf6ent, Assistant 5ecretary, Treasurer and Secretary, and the corporate seal of the Company, Ray be affixed to anY Power of Attorney, certificate, bond or undertaking relating thereto, t•w facsimile. Any such .Power of .Fttorney, certificate bond of undertaking bearing such facsimile sionatuee o; facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate meal to.be affixed by its authorized officer, this 26th daw of October, 1965. G�Yti WA.SHIN=H INTERNATIONAL INSURANCE COMPANY :fORPOFfATE.= sue: SEAL =�; • fg� AMONA. o�, William O. Sterrett, President �� STATE OF .ILLINOIS ) (1 V4110 COUNTY OF COOK j On thin 29th day of October, 1S6S, before me came the indiviOual who erecutec the pre- ceding instrument, to aye personally known, and, being by me duly sworn, said that he is the therein descrJbec: and authorized officer of the Washington International Insurance Company: that the seal affixed to said instrument is the Corporate Seal of said Company: IN TESTIMONY WHEREOF, 'I have hereunto set my hand and affixed my Official ;ea), the day ;��: wctr first above written. it'll M.-<sershop, iy Illinois , > , Y• My Commission Expires Match 13. 1967 R'OT�.RY CERTIFICATE '• STAI-j: OF ILLINOIS •C+ ;�p��LIC i COUd.7Y OF CO+Jti ) CL'UNt"i• the uncictsianecd. Assiotant Secretary of WASUMTON INTERNATIONAL INSURANCC AtdlP, an i A Corporation, Do mcRCl1Y CCRTUY that the foregoing and attached POWER or AT iOIMCY e�alns In full (*cc* Mad has not been revoked, and rurtherwore• that Article 111, Section S of the by-taws, of the Corgw4atlon, and the Resolution of the Hoard of Directors, suet forth in the Pet of Attorvoy, are 8ww in force. :signed and 50A}4.4 in tt•e Count [sated the 6TH day of _ JULY or a Y, ISSl1E DATE(MWDDNY) 7/10/87 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. OBI & SEC OF mi ssom, INC„ Bituffdmom 2010 046746 8850 T adue Road EFFECTIVE � EXPIRATION DATE TIME DATE TIME St. Louis, Missouri 63124 12: 1 X AM 112.01 AM 7/20/87 PM 7/20/88 NOON THIS KINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED Tom Krlppene/BOb Miller COMPAtJY PER EXPIRING POLICY NO.: CODE SUB-CODE DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(INCLUDING LOCATION) INSURED _ Roto Mill Work 1987 Milling Project. City of Jefferson City Dept. of Public Vbrks 320 E. McCarty Jefferson City, MCI 65101 n TYPE OF INSURANCE COVERAGEWFORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC=BROAD =SPECIAL GENERAL LIABILITY GENERAL AGGREGATE , COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE $ MADE RS I I�dd OCCUIifi w PERSONAL&ADVERTISING INJURY $ OWNER'S&CONTRACTORS EACH OCCURRENCE $ 1 ��� PROTECTIVE —. FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE(ANY ONE PERSON) $ A UTOMOBILE ALI.VEHICLES SCHEDULED VEHICLES CSL $ LIABILITY 81 PERSIACCID $ tONIOWNED PD : u HIRED MED.PAY $ 'i GARAGE PIP $ UM $ w AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DEO:^ STATED AMOUNT $ OTC DED:_ OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: STATUTORY t. WORKER'S COMPENSATION ;' $ (EACH ACCIDENT) AND EMPLOYERS'LIABILITY ?F $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONSIRESTRICTIONSIOTHER COVERAGES CCNTRAOMR: Illinois Road Contractors, Inc. 520 N. Webster Jacksonville, Illinois 62651 0666 ♦ e MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE • CI����,�►s�,�/ Timothy J. Danis • ♦ Y