HomeMy Public PortalAboutORD10918 BILL NO. 87. 108
SPONSORED BY COUNCILMAN HORGMEYER
ORDINANCE NO. /6?/8
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH & VAUGHN
CONSTRUCTION COMPANY, INC. , FOR THE 1987 STORM WATER DRAINAGE
PROJECT, PHASE II
HE 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 Wisch & Vaughn Construction
Company, Inc. , for the 1987 Storm Water Drainage Project, Phase
II, for a sum not to exceed $97,063.47.
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 _ G^ � Approved
resideploOf ficer Mayor
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
4 IS CONTRACT, made and entered into this day of
19 �i�, by and between Wisch and Vaughan
Go G an ,,Inr.. 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: 1987 Storm Water Drainage--krQj ec .
Phase II
NOW, THEREFORE, the parties to this contract agree to the
following:
1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools,
equipment, materials, and supplies necessary to perform, and to
perform, said work at Contractor's own expense in accordance with
the contract docunments and any applicable City ordinances and
state and federal laws, within thirty-five (35)(d i{YM� working)
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.ifi::i�','c:onstruction
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 ass 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.
7-026-099 XXXXXXXXXXXXXXXXXXXXXXXX
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 in connec -•
Lion with i •. 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
a+m expense during the life of this contract:
(a) Workmen's 22!g ensation 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
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
it] 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;,°«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)
of the general contractor provides adequate
protection against claims arising from operations
by anyone directly or indirectly employed by the
Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein set forth,
insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this contract
shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
5. Liquidated Damages. The Director of Public Works may, at
his discretion, deduct $100.00 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 liquidatdff,�Var=Mges 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 Riqht to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take• over
the work and prosecute the sane to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for rimy 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, appli.ca.nces and structures as may be on the work site
and are necessary for con pletion 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 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 dcne, and for all the
materials used in the construction of the w6&;_ta*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 September 8, , 1987 , 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 doctrnents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
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
agog 1 The date of
delivery of any notice shall be the second full day after the day
of its mailing.
15. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri..
16. IN TESTIMONY WHEREOF, the parties have ere�to set
their hands and seals this day of� � ;
19
CITY OF JEFFERSON, MISSOURI
gy
ATTEST:
CITY CLERK
CONTRACTOR
r
ATTEST:
SECRF Y
e ~
NAME AND ADDRESS OF AGENCY COMPANY
Winter-Dent & Co. _ Travelers Indemnity Cc�any__�
F.O. Box 1046 — Effective 12:01 a m 10-7
Jefferson City, Mo. 65102 _Expires` [X 12:01 am u Noon 10-7 19 $$
11;This binder is Issued to extend coverage In the above named
company per expiring policy N
le.cow J7 nDIPO nelOiNi
NAME AND MAILING ADDRESS OF INSURED Description of Operat Ion IVehiclas/Property
City of Jefferson
320 East McCarty Owners Protective Liability
Jefferson City, Mo. 65101
Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded, can..
.L
P
R
O
P
E
R
T
Y
Limits of Liability
Type of Insurance Coverage/Forms
__ _ Each Occurrence Aggregate
L I ❑ Scheduled Form ® Comprehensive Form Owners Bod'I y Injury $ 800,000. $ 800,000.
❑ PiPmises/Operations Protective
❑ Products/Completed Operations Liability Property Damage $ 800.000. 5 800 000.
I,
I El Contractual Bodily Injury &
T ❑ Other (specify below) Property Damage $ $
Y
❑ Med.Pay. $ Per $ Per Combined
Person Accident
❑ Personal Injury ❑ A ❑ B 0 C Personal Injury $
J� Limits of Liability
A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury(Each Person) $
U
T ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $
O
M El Collision-Deductible $
0 ❑ Medical Payments $ Property Damage $
l3
I ❑ Uninsured Motorist $
L ❑ No Fault (specify): Bodily Injury & Properly Damage
E
❑ Other (specify): Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) El EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONSIOTHER COVERAGES
JOB: 1987 Storm Water Drainage Project, Phase II
Wisch & Vaughan Construction Company, 1909 South Country Club Drive, Jefferson City, Mo.
J res ponsible for premium and audit. wommanomm
NAME AND ADDRESS OF 0 MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED
LOAN NUMBER
10•-7-87
Signature a Au1 Nzed Roplesentative Date
ACORD 75(11177-c) _ —�
ISSUE DATE IIMMIDI
%+ord,, 10-7-87
EMIR
PRODUCER
THIS CERTIFICATr;IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
I
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
Winter-Dent & Co. EXTEND On ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
P.O. Box 1046 -------
Jefferson City, Mo. 65102 COMPANIES AFFORDING COVERAGE
COMPAIN
LETTER Y A Travelers Indemity Umpany
COMPANY n
INSURED LETTER
Wisch & Vaughan Construction COMPANY c
1909 South Country Club Drive LETTER
Jefferson City, Mo. 65101 COMPANY
LET-TER D
COMPANY
LETTER E
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 REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECTIVE POLICY EXPRATION LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(PRXIDOI DATE ti EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY BODILY
T COMPREHENSIVE FORM INJURY $ $
• X PREMISES/OPERATIONS 650208G7857IND86 12-31-86 12-31-87 PROPERTY
UNDERGROUND DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL Ell&I
X INDEPENDENT CONTRACTORS COMBINED $ 500, $ 500,
T BROAD FORM PROPERTY DAMAm
.X PERSONAL INJURY PERSONAL INJURY $ 500,
AUTOMOBILE LIABILITY
Nh9Y
•A X ANY AUTO SS.) 650208G7857IND86 12-31-86 12-31-87 .'1 pris4y $
x ALL OWNED AUTOS(PRIV.PA 3PLY
ALL OWNED AUTOS(OTHER THAN N.IJRY
X PRIV. PASS. A AUIDEV) $
x HIRED AUTOS PROPERTY
X NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
131&PD
All
COMBINED $ 500,
EXCESS LIABILIry
UMBRELLA FORM CUP208G787086 12-31-86 12-31-87 BI&I
COMBINED $ 2,000,$ 2,000,
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION STATUTORY
A AND K0715G965086 12-31-86 12-31-87 $100, (EACH ACCIDENT)
EMPLOYERS' LIABILITY $500, (DISEASE•POLICY LIMIT)
I ';100, (DISFASE-EACH EMPLOYEE)
I OTHER
DESCRIPTION OF OPE RATIO NSILOC ATION SNE H ICLE S/SPEC AL ITEMS
JOB: 1987 Storm Water Drainage Project Phase II
SHOULD ANY OF
P I A A TIO N DATE
MAIL 10 DA
LEFT,BUT FAILU
OF ANY KIND I
0
City of Jefferson �16 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
_y SHOULD ANY OF
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
L320 East McCarty MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, Mo. 65101 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTI�VID
s � � Any correspondence in relation to
this bond should be directed to:
Wausau Insurance Companies
insu ce Bond Department
Box 8017 L. a
�vt� le� Wausau,Wisconsin 54402-8017
Bond Number 0750-33-050053-C
Duplicate of AIA Document A312 December 1984 Edition/3rd Printing (3-87)
Performance on
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):
Wisch and Vaughan Construction Co. , Inc. Employers Insurance of Wausau A Mutual Company
1909 South Country Club Drive 2000 Westwood Drive
Jefferson City, MO 65101 Wausau, Wisconsin 54401
OWNER (Name and Address):
City of Jefferson
320 E. McCarty Street
Jefferson City, MO
CONSTRUCTION CONTRACT
Date:
Amount: $97,063.47
Description (Name and Location): 1987 Storm Water Drainage Project - Phase II
Jefferson City, MO
BOND
Date (Not earlier than Construction Contract Date):
Amount: NINETY SEVEN THOUSAND SIXTY THREE AND 47/100 ($97,063.47
Modifications to this Bond: ® None O See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Wisch an aug an Construction Co. , Inc. Employers Ins of Wausau A to ompany
Signature. 91 Signature:
Name and .1dw+�+. 15C� Name and : Christine M. Flavin
Pres��ev'�- Attorney-in-Fact
(Any ad i ' nal signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
815-4421 587
1111111 IIII'lf,lill�,:!!Illl�ll 11111@IjIfIII;1 111
It 111 Q 1
r '
1 \ht, C onlrat lur and the Surely, jointly and svverally. \\huh it may bt, Iiabip to flit, Owner and, as
Mild Ihemst,lves, their hplrs, t'xpt lrl(irs, adrtttnislralors, soon as practicable after the amount is deter-
successors and assigns to the Owner for Iht, pertormant a mined, tender payment therefor to the
of Iht,Construction Contract,which is Inc orporafed herein Owner; (rr
by reference.
,2 Drny liability in whole or in part and notify the
2 It flit, C'onliarlor perforrns flip Cumfrut lion Contra(I, Owner citing reasons therefor.
flip Surety and life Contractor shall have no ohlig,uion
antler this Bond, exc e•pt to parlit ipale in o unlenvu es as 5 If life Sorel\,daps not proceed as provided in Paragraph
under f li m ond, io(ept I I.I. 4 with reasonable promptness,the Surely shall be deemed
to by in default on this Bond fif teen days after receipt of an
3 If there is no Owner D elaull, flip Suretv's obligation additional written notice from the Owner to the Surety
under this Bond shall arise alter: demanding that the Surety perform its obligations under
3.1 The O\vnpr has nuUfiecf the Conlrat for and the flits Bond. and flit-O\\ner shall be entitled to enforce any
mrnedy available to the Owner. If the urety proceeds as
Surely al its address des(ribed lit I',uavjaph 10 helo\y provided in Subparagraph 4.4, and the Owner refuses the
III tilt, Owner is considering dv(larutg a Contra'for pavrrrent lertdpred or the Surety has denied liability, in
Default and has requested and attentpled h,df range a whole or in part,without further notice the Owner shall be
tonference with the Contractor anti fife Surely to be enlitled to enforce any remedy available to the Owner.
held not later than fifteen days alter sec eilil of sac h
nutic•p to disc us% methods of performing the Conslruc• 6 After the Owner has terminated the Contractor's right
lion Contrail. If the Owner, the Contras for and the to tomplete the Construction Contract, and if the Surety
Surely agree,the C:onlrac•lor shall he allowed a reason- elects to act under Subparagraph 4.1, 4.1., or 4.3 above,
atilt- time to perform the C.unslruc lion t'untract. hul then the fesponsibilities of the Surely to the Owner shall
such an agreement shall not\\,,five lilt-O\\nt'I's right, it not be }Treater than those of the Contractor under the
any.subsequently to det lace a Conlrat for Delaull: and Construt lion Contract, and the responsrbililtes of the
3.2 1'he O\\,lies has clec tared a t'untr,;s for Delaull and O\%ner to the Surety shall not be greater than those of the
O\\ner under the Construction Contract.To the limit of the
formally wrntmated the Conlim Iur's light to c ornplele aniount of this Bond, but subject to commitment by the
file conlrat t. Sac It Contra(tar Default shall not by de- 0%%ner of the Balance of the Contract Price to mitigation lit
It laced earlier than Iwenly clay.,liter flit-Cuntrat for and costs and damages on the Construction Contract,the Sure-
III Surefv have received notice as providvd in Sul,- It• is obligated without duplication tor:
paragraph .t.I; and
6.1 7ho responsibilities of the Contras for for correc-
3.3 Tliv (\\\ner has agreed tr, p,n the Balanc t- ill flit- tiun of doft•chve work and completion of the C'onstruc-
Coounu I I'm e to Ilie Surer in at c orlon(e \\flh flit• lion ( ontraW
lenms of the (•onslrttclion C(intrac 1 or to a s onlw(for
selet fed to pertornt flit,Constttf(turn('omrat I in,(.ur. 6.2 Additional It-gal. design professional and delay
dance wills the terms of Ilse contras I \\oth lilt- Owner. costs resulting from the Contractor's Deraull, and re-
stilling from file action% or failure Ili act of the, Surety
4 When file Owner has sali%fied the tondrfions of Para- under Paragraph 4; and
graph 1, the `iurety shall prompth and at Iht- tiurviv's ex-
poI lake one of the following at loons: 6.3 Liquidated damages, or if no liquidated damages
4.1 Airangv for the Conlrat fur, \yfill t c,nsenf ill flit• are spec if ed on the('(instruction Contract,actual dam-
a"es Caused by delayed performance or nr--•f::,rfor-
U«ner. to pertornt and comph,ty the Cunslnulil,rt ntanop lit file C'ontracfor.
Conlrat t; or
4.2 Undertake I„perform and I,nnplt-tt-the('oestrus• 7 I he tiurely shall not be liable t o t he Owner or ofiiers for
Con-
lion('u de t t itself. vrl old agents of Utrottgli(*()list rut
• obligations of the Contractor that are unrelated to the Con-
pendent rat I it vlf,through or strut lion Contract, and the Balance of the Contract Price
shall not he reduced or set off on account of any such
4.3 Ohlain bids ur rit-gonaled proposals Isom unrelatt-d obligations. No right of action shall accrue on
qualified t unlraclors acceptahle to Iliv O\ynvr lilt* a this Bond loam• person or entity other than the Owner or
contract for performant e and contplefoon of Iht- Con- its heirs. exec ulors, administrators or successors.
slruction Contras 1, arrange for a c onlrat 1 lu by pre•
pared for execunon by Ihp Owner and the c c,ntrat fur 8 The Sureh hereby waives notice ill any c hang-v,includ-
selected a d f with the Owner's cone n rent e, to he sec Drell ing (hanger of little, to flit, Conslruc lion Contract or to
\\,fill performance and pavment hand% e\ec totes) by If related suhcontrac Is, purchase orders ant) other ohliga
qualified surviv equivalent to the honds issued on the lion,.
CmWrttl lion c untracl, and pay to flit- O\\-nt-t* the 9 Am pro(veclnfg, legal or vquilahle, under this Bond
amount of damages as dent riled of Paragraph r. in t-s• may bt- inshitiled lit any t hurt of c ontpt-lenl Iurisdiclion in
less of flip Balan(v of flit,Conlrat I Prio e flit urred by 1h(' the lilt ation on\yhi(It flit-work or part of Ilie work is lac tiled
(-ner wstllling from flit, Conlrat for's dt-latfll: or and shall III, in,litutt-ed within two \,ears alter Contractor
4.4 Waive its righl to pertorn, and c c,ml,lelr. ,00,,t,l;t Delactll ur \\ithin Iwo years alter iluv Conlrat for teased
for c ontpletunt. or obtain a lie\\ c onlrat tut and -flh \\,(irking or\\ifhfn two years after the Surety relitsrs or lails
reasonahle promptness ttndt-o the It uc tfntslant vs: 11) perform its obligations under Ihfs Bond, whichever oc.
r ors llrsl• II Ihs provisions of Ihfs Ilawgraph are void or
1 After in\esUgaliurt, clt-leonint- Ihs anuunfl for prohibiled h\ law, the minintunt period of Innflaliun avail-
2
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
Agk shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Suret ,theOwnerortheContractorshall 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 sig- behalf of the Contractor under the Construction Con•
nature page. tract. -
11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig•
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con-
tractor
b the Owner to the Contractor 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 Con-
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:
3
1' 000634
Aft (M INISUR '+CE (X WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW A1.1.MEN BY THESE PRESENTS:
Tbat the EMl'I.O1'EItS INSURANCE OF WAUSAU A Mutual Company,it corporation duly organized and existing under
the lows of the Slate 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 _
_...--.----._------_ ___--CHRISTINE M. FLAVIN _
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 ANN' Olt ALL BONDS, UNDERTAKINGS, RECOGNiZANCES OR OTHER WRITTEN
014I,i(;ATI0NS IN THE NATURE TIiEHEOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO
Z THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION
DOLLARS ($10,000,000).
III and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with
Er the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
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attorney"in-fac•t may do in the premises.
Cc This powerof attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company ata
meeting duly called and held on the 18th day of May. 1973•which resolution is still in effect:
Q. 'RESO LVED.that the President and tiny Vice President—elective or appointive—of EMPLOYERS INSURANCE.OF
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IL WAUSAU A Mutual Company he,and that each of them hereby is,authorized to execute powers of attorney qualifying
the attorney named in the given power of attorney to execute•on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be,
Z and that each or any of them hereby is.authorized to attest the execution of any such power of attorney,and to attach
thereto the seal of EMPIA)YERS iNSURANCE OF WAUSAU A Mutual Company:'
W "FUl{'I'HElt RESOLVED.that thesignaturesof such tiff icersandtheseal(if EMPLOYERS INSURANCE OFWAUSAU
0 A Mutual Company may be affixed to aany such power of attorney or to any certificate relating thereto by facsimile,and
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any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding
Zupon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
W to :errs• bond• undertaking or contract of suretyship to which it is attached:'
IN WITNESS WIIFI0..OF.EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
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F- signed by the senior%ice president and attested M•its assistant secretary,and its corporate seal to be hereto affixed this 1ST day
of-- SAY
s EMPLOYERS INSURANCE OF W USAU A Mutual any
F li SEAL By
LL -�'"� R.C. Retterath Senior Vice President
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ZAttest: Z
CC 0 R. .1. Ncsj�teman Assistant Secretary
4 STATF:OF WISCONSIN 1
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0 l'01tNTY OF MARATHON )
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W On tits_._._151 dad of __ MAY 19 86•before me personally came
3: It.C. Rctt_c'r._ath_ to me known,who being by me duly sworn,did depose
;and sa%that he i.a scnior s ice president of the F.MPLOYI=.RS INSU RANC'F OF WAUSAU A Mutual Company,thecorporation described in
mid cchich executed the ahoce instrument:that he knows the seal of said corporation:that the seal affixed to said instrument is such corporate
J seal and that it uas so attired h%order of the Board of Directors of said corporation and that he signed his name thereto by like order.
IN %%'I I ti SS \\'HPRI-01,I haw hereunto set my hand and atlixed my official seal the day and year herein first above written.
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Patricia A. Kiernan Notary Public
U) NOTARY PUBLIC
H STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 8, 1986
STATE(*'WISCONSIN a CERTIFICATE
CITY 0F WAUSAU t ss.
C(AINTYOFMAI{A'1'IION ►
L the undersigned, assistant secretary of EMPLOYFItS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin
corporation, dca hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VALIDATING STATEMENT i'RINTED IN THE MARGIN THEREOF IN RED INK,remains in full forceand has
not been revoke<I:and furl hermore t hat t he resolution of the-Board of I)irectors 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 day
`•.SIAL�+ R.J. Bestcmatn Assistant Secretary
NOTE: IF S'()U IIAVE ANY 01TEST10NS RECARDINC TIIE VALIDITY Olt WORDING OF THIS POWER OF
A170ItNEY.CA1,LT01.1.FREE(SOO)526.1601,(IN WIS('UNSIN,C'Al,1.(boo)•17•x•00411.
Wausau Any correspondence in relation to
!!ff�Y this bond should be directed to:
Wausau Insurance
insurance Bond Department Companies
Box 8017
companies Wausau, Wisconsin 54402-8017
0750-33-050053-C
Bond Number
Duplicate of AIA Document A312 December 1984 Edition/3rd Printing (3-87)
Payment Rond
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):
Wisch and Vaughan Construction Co. , Inc. Employers Insurance of Wausau A Mutual Company
1909 South Country Club Drive 2000 Westwood Drive
Jefferson City, MO 65101 Wausau, Wisconsin 54401
OWNER (Name and Address):
Ask
City of Jefferson
320 E. McCarty Street
Jefferson City, MO
CONSTRUCTION CONTRACT
Date:
Amount: ,$97,063.47
Description (blame and Location): 1987 Storm Water Drainage Project - Phase II
Jefferson City, MO
BOND
Date (Not earlier than Construction Contract Date):
Amount: NINETY SEVEN THOUSAND SIXTY THREE AND 47/100 ($97,063.47)
Modifications to this Bond: tg None C] See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Wisch and. g n Construction Co. , Inc. Employers Ins an of W usau A to parry
Signatur �'
e. A/ Signature.
Name and it : Jawies. :3. w5ch Name an e:Christine M. Flavin
t�'res160'-V Attorney-in-Fact '
(Any ad nal signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
815.4421 587 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:
materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to the
manse 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
2.2 Defends, indemnifies and holds harmless the 7 The Surety's total obligation shall not exceed the
Owner from claims, demands, liens or suits by any amount of this Bond,and the amount of this Bond shall be
person or entity whose claim,demand, lien or suit is credited for any payments made in good faith by the Surety.
for the payment for labor, materials or equipment g Amounts owed by the Owner to the Contractor under
furnished for use in the performance of the Construc- the Construction Contract shall be used for the perfor-
tion Contract,provided the Owner has promptly noti- manse of the Construction Contract and to satisfy claims,if
fied the Contractor and the Surety (at the address any, under any Construction Performance Bond. By the
described in Paragraph 12) of any claims, demands, Contractor furnishing and the Owner accepting this Bond,
liens or suits and tendered defense of such claims, they agree that all funds earned by the Contractor in the
demands, liens or suits to the Contractor and the performance of the Construction Contract are dedicated to
Surety,and provided there is no Owner Default. satisfy obligations of the Contractor and the Surety under
3 With respect to Claimants, this obligation shall be null this Bond,subject to the Owner's priority to use the funds
and void if the Contractor promptly makes payment, di- for the completion of the work.
rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shall not be
4.1 Claimants who are employed b or have a direct liable for payment of any costs or expenses of any Claimant
f under this Bond,and shall have under this Bond no obliga-
contract with the Contractor have given notice to the tions to make payments to, give notices on behalf of, or
Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond.
sent a copy,or notice thereof,to the Owner,stating that
a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ-
stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to
4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga-
tions.
the Contractor:
11 No suit or action shall be commenced by a Claimant
.1 Have furnished written notice to the Con- under this Bond other than in a court of competent jurisdic-
tractor and sent a copy, or notice thereof, to tion in the location in which the work or part of the work is
the Owner, within 90 days after having last located or after the expiration of one year from the date(1)
performed labor or last furnished materials or on which the Claimant gave the notice required by Sub-
equipment included in the claim stating,with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate-
and the name of the party to whom the mate- rials or equipment were furnished by anyone under the
riai:;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
the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig-
paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner
.3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi-
have sent a written notice to the Surety(at the cient compliance as of the date received at the address
address described in Paragraph 1 i)and sent a shown on the signature page.
copy,or notice thereof, to the Owner, slating 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 heref rom and provisions con-
to the Contractor or to the Surety,that is sufficient cormpli. forming to such statutory or other legal requirement shall
ance. be deemed incorporated herein. The intent is 01,11 this
5
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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
h a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the juri all other items for"swh whicic n where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy
to be made. or equipment were furnished.
15 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-
tion in the terms"labor,materials or equipment"that tractor as required by the Construction Contract or to
part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other terms
thereof.
'telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Am
(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:
ti Name and Title: Name and Title:
Address: Address:
6
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No. 207-065- 000640
EAMMRS Ii DRAKE OF VIWALMJ A Mutual Company
POWER OF A I°T06dNEY
KN()W AI.I,MEN BY i HS14F PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under
the laws of the:ante 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 _ -
__....
its true and lawful altorney•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, UNDE..RTAKiNGS, RECOGNIZANCES OR OTHER WRiTi'E:N
()Iil.t(,A'1'1()NS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO
Z THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION
DOLLARS ($10,000,000).
Wand to(rind the corporation thereby its fully and to the~aunt-extent as if such honds were signed by the President,sealed with
lr the corporate seal of the corporation and duly nttested by its secretary hereby ratifying and confirming all that the said
Z attorney-in-fact map do in the premises.
rr 'Phis power of attorney is grunted pursuant to the following resolution adopted by the Board of I)irectors of said Company at a
meeting duly called and held on the 18th day of May, i973,which resolution is still in effect:
"ItF:SOI.Vha),that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE;OF
Q WAUSAU A Mutual Comilany he,and that each of them hereby is,mtthorized to execute powers of attorney qualifying
the attorney named in thegiven powcrof 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,
and that each or tiny of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
Z thereto (ht- seal of F:Mi'I,OYFRS iNSURANCE OF WAUSAU A Mutual Company:'
W "FUR' II EliRESOLVED,thatthesignaturesofs uc•hofficers andthesealofF:MPI.OYERSINSURANCEOFWAUSAU
O A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
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any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding
F- upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
W to any hand, undertaking or contract of suretyship to which it is attached:'
2 IN 11 ITNF:SS WilEREOF,FM INSIRANCE OF WAUSAU A Mutual Company has caused these presents to be
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mm F- signed by the senior%ice president and attested by its assistant secretary and its corporate seal to be hereto affixed this 1 T _day
N of MAY
_
fn 1 EMPLON'FRS INSURANCE OF WAUSAU A Mutual Company
_ l
I— l SEA] r By
�— ' R.C. lleaerath Senior Vice President
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Attest:
0 — , c
O R..1. Ilcstcman Assistant Secretary
Q STATE OF WISCONSIN i
l) 1 ss.
O COUNTY OF MARATHON t
Wlist this____._1St,dad tit 19—R-6,before me personally came
Retterath _ to me known,who being by me duly sworn,did depose
oat sm that he is senior s ice president tit she EMPLOYERS INSI1RANCF OF WAUSAU A Mutual Company,the corporation described in
and et-hich executed the;chose instrument:that he knows the seal of said corporation:that the seal affixed to said instrument is such corporate
seal;and that ii w;a+so atCixed h) order of the Hoard of Directors of said corporation and that he signed his name thereto by like order.
7 IX Wl I\FSS W11FRI 01-,1 hase hereunto sea any hand and affixed my olficial seal the day and year herein first above written.
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Patricia A. Kiernan Notary Public
(/) NOTARY PUBLIC
STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 8, 1986
STATE OF WISCONSIN a CERTIFICATE
VITY OF WAIISAU INS.
COUNTY OF MAItA'1'11ON I
I, the undersigned, assistant secretary of EMPLOYERS iNSURANCI-, OF WAUSAU A Mutual Company, a Wisconsin
corporation, da hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTEi)IN THE:MARGIN THEREOF iN RED INK,remains in full force and has
nol liven revoked:ii nd fort hermore t hat t he resod tit ion of t ho Board of•I)irectors set forth in the power of attorney is still in force.
Sighed and settled in the City of Wausau,Marathon('aunty,Slott-of Wisconsin,this day
lit, I4►.......
�r wvow,'�
SEAL v1 R. J. Rcslemun Assistant Secretary
NOTE: IF YOU IIAVE ANN' QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
A'1"I'ORN F:N',c'A 1.1,'1'01,1,h'ltEE+i(n+►►H'�+i•1+i+i l,+iN W!S('(>NSIN,f�Al,l.+riuu►a72•on�1),