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HomeMy Public PortalAboutORD10948 BILL NO. 87-139 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. �Grelk AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS EXCAVATING COMPANY FOR IMPROVEMENTS TO MCKAY PARK. 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 Twehous Excavating Company for improvements to McKay Park for a sum not to exceed $293,600.00. 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 h 1 a� 1018'7 Approved / GmInj- c sS /S+u Pre facer Mayor ATTEST: Ci C rk CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this ,'; - day of 12&IMiy&&& , 1997, by and between Twehous Excavating Co. , Inc. , 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: McKay Lake improvements. 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, equip- ment, 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 ninety (90) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within five (5) days after the date of this contract. 2. _Prevailing Wages. All labor utilized in the construc- tion of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by the Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 7-026-123 ar&xRRmJxJmmx=xxxxxxxxxxxxxXxin 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 connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RSMo. , Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 1 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen' s Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a 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 claim 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 2 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 liquidated damages because of delays in the completion of the work due to unforeseeable 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. 3 Mm 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, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and 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 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 October 12, 1987, which are by reference made a part hereof except as modified by the attached Revision to the Scope of Work. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 4 Adhk 12 . Contract Documents. The contract documents shall IF consist of the following: a. This Contract f. Special Provisions b. Addenda g. Technical Specifications c. Notice to Contractors h. Drawings and/or sketches d. Signed Copy of Bid i. Revisions to Scope of Work e, General Conditions 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 Rural Route 3, Highway 50 East, Jefferson City, Missouri 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this r- day of 1987. CITY OF JEFFERSON, MISSOURI By Ma Attest: Yl� 7.�p• Cift. erk CONTRACTOR Title: Attest: Secretary 5 1 SUNSET LAKE IMPROVEMENTS REVISION TO SCOPE OF WORK qP The scope of work for the Sunset Lake Improvements is hereby revised as follows: I. Item No. 13.0, Rip-rap is deleted. 1275 s.y. @ $21.00 = $ 26,755.00 II. Item No. 7.0, 60" PCCP in place, is reduced by 170 feet and Item No. 7. 1, 60" RCP in place is substituted. A 60" concrete end section shall replace the concrete outlet structure. Item No. 7.0, 60" PCCP, -170 1. f. @ $270.00 = $ - 45.900.00 Item No. 7.1, 60" RCP, 170 1. f. @ $116.46 = 19,798.20 Item No. 11.0, Concrete, -15 c.y. @ $125.00 = - 1,,875.00 Item No. 21.0, 60" Concrete End Section 575.67 Total reduction, Section II S - 27,401.13 III. Item No. 2.0, Grading and Excavation is reduced by lowering the elevation of the parking lot and play field to reduce the. volume of fill. Lump sum reduction = $ 18,000.00 Total base bid dated October 12, 1987 $ 343, 622.03 Revision, Section I - 26,775.00 Revision, Section II - 271401. 13 Revision, Section III - 18,000.00 Total Contract $ 271,445.90 Accepted: Accepted: Twehou Excavating Co. , Inc. City of Jefferson . B By r �.� Pess ent a or Attest: ,g � , Attest: ' /7 S cretary City Clerk C Certificate of Insurance DO CIRT1FMU II II•It1IO AI A rdAT IIR OF WORRMTION ONLY AND CO1dFIRI NO R1OHt8 UMN YOU THI CI11MCATI HOLDIR,T'HR1 CNRTIFICATI 10 NOT AN 101IURANCI FOLWY AND OOIO#art ARNND,I MNO,OR ALTIR TW COMERAOI AFFOROID BY 71,18 KLIC11111 LIMP KLOW, i i OThis is to Certify that LIBERTY F 7 Name and MUTUAL Twehous Excavating Company, Inc. address of L.,.r. ca..�..,r�n.w,�,v,.,."M Route 3, highway 50 East Insured. "" °"`""°"�°` "' L Jefferson City, MO 65101 Is,at the Issue date of this certificate,Insured by the Company under the policylles)listed below. 'The insurance afforded by the listed policy(iss)is r,ubject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be Issued. TYPE OF POLICY CERT. EXP, DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFOPOED UNDER W.C. COV.B LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS' 100,000 Ea.Acc. 10/1/88 WC1-141-046504-087 MO Bodily Injury By Disease COMPENSATION 100,000 Ea.Person Bodily Injury By Disease 500,000 Pal.Limit General Aggregate-Other than Products Completed Operations 10/1/88 TB1-141-046504-097 2,000,000 Products/Completed Operations Aggregate 1,000,000 < Bodily Injury and Property Damage Liability cc w 1,000,000 per occurrence W ❑ CLAIMS MADE Personal and Advertising Injury 0 1,000,000 per person arraD BAY( atganrration Other W —I © OCCURRENCE 0 U SPECIALIEXCL. ENDORSEMENTS p ® OWNED 10/1/88 AS1-141-046504-017 $ 1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I. AND P.D.COMBINED :D ® NON-OWNED $ EACH PERSON Q Q EACH ACCIDENT EACH ACCIDENT ® HIRED $ OR OCCURRENCE $ OR OCCURRENCE ac Umbrella 10/1/88 LEI-141-046504-077 Excess Limit: $2,000,000 . = Excess Liabil ty 0 LOCATIONIS)OF OPERATIONS&JOB p lif Applicable) DESCRIPTION OF OPERATIONS: Sunset Lake Improvement "NOTE:You will NOT be notified annually of the continuation of this coverage.You will be notified It this coverage is terminated or reduced, NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR R DUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS S0 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: • F—City of Jefferson 320 E. McCarthy CERTIFICATE Jefferson City, MO 65101 11/12/$7 AUTHORIZED REPRESENTATIVE HOLDER—� St. Louis DATE ISSUED OFFICE L This certificate Is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance as Is afforded by That Company,it Is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as respects such insurance Is Is afforded by That Company,it is executed by LIBERTY INSURANCE CORPORATION a respect&such insurance all is effordod by That Compety. 0S 772 ICertHicate of Insurance TAI Berl 6 MM AI A t7aITM OF NOWAY=OMY AND c011111MI eta MOM UM You 7111111 CItiTNMTH fSOS.M.T111111 ClttiTiFIRATS 10 IO AN Nat MNGI Pclm AND DM it 0 AMD^Ix sat AILM TH4 OORfiNM AFF o 6!y TNI FtDL=8 I PIXI BIRLM. hiss is t0 Certify that LIBERTY F 7 Name and MUTUAL 1100 Twehous Excavating Company, Inc. »-a address of ,.a, Wti„a ""�tao�:ir.r,'" ,'o INCA Route 3, Highway 50 East Insured. L Jefferson City, MO 65101 a%at the issue date of this cenifrcom Insured by the Company under the poilcylles)listed below. "The Insurance afforded by the listed policylies)Is subject to an thalr terms,oxehrslons and conditions and Is not shared by any requirement,term or condition of any contract or other document with respect to which ttka+ cardficate marV bs lasuad. TYPE OF POLICY CERT. EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COV.B LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS' 10/1/88 WC1-141-046504-087 MO 100,000 Ea.Acc. Bodily Injury By Disease COMPENSATION 100,000 Ea.Parson Bodily Injury By Disease 500,000 Pot.Limit General Aggregate•Other then ProductslCompleted Operations 10/1/138 TB1-141-046504-097 2,000,000 _ ProductsiCompleted Operations Aggregate .J 1,000,000 Bodily Injury and Property Damage Liability W1,000,000 per occurrence W ❑ CLAIMS MADE Personal and Advertising Injury !— per person! rrrreo an 1,000,000 organization V Other OCCURRENCE V SPECIAL/EXCL. ENDORSEMENTS it ® OWNED 10/1/88 AS1-141-046504-017 $ I 000 000 EACH ACCIDENT•SINGLE LIMIT•9.1. AND P.D.COMBINED �] NON-OWNED $ EACH PERSON HIRED EACH ACCIDENT EACH ACCIDENT $ OR OCCURRENCE $ OR OCCURRENCE Umbrella 10/1/88 LEI-141-046504-077 Excess Limit: $2,000,000 . Excess Liability LOCATTONIS)OF OPERATIONS&JOB If III Applicable) DESCRIPTION OF OPERATIONS: Sunset Lake Improvement *NMI:*u will NOT be notified annually of the continuation of this coverage.You will be notified If this coverage is terminated or reduced. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR R UCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS ,_,�,_....DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: City of Jefferson - 1l 0 320 E. McCarthy Lo CERTIFICATE Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE HOLDER-+ 11/12/87 . ss Ste Louis DATE ISSUED OFFICE This""Ifics"N eascetM br LIIERiY MUTUAL INSURANCE COINPANY as tsspeeIs such Insurance as to afforded by That Company,h Is eascuted by LIBERTY MUTUAL FIRE INSUNANCE COMKNy ore ttaeeets wish Insurance se M NfoNrd tM That Canperty,N b eyacuted by LNERTY INSURANCE CORPORATION as respects such Insurance as Is afforded by That Company. t Wausau/�� v Duplicate of A I A f orm A31 I/CM June 1390 Edition insurance Any correspondence in relation to this bond should be difected to. Wausau Insurance Companies ,M Companies Surety Underwnting Box 8017 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Wausau,WI c9 In 544021.QQ0 7 BOND IN FAVOR Of THE OWNER CONDITIONED ON THE Bond Number- / 0 2-0 8202-C FULL AND FAITHFUL PERFORMANCE Of THE CONTRACT LABOR $ MATERIAL PAYMENT BOND KNOW At.[. MEN HY '111 ESE PR ESIiN'I S: The, Twehous Excavating Company, Inc. I Itrre m%co lull name and addrt•ss tit 1cral tide of it racttal Route 3, Hwy. 50 East, Jefferson Cif, Missouri 65101 as Principal, hereinafter called Principal,and EMP oyP-rs Tnst1r ee of Wausau A Mutual Ct1mnnny I If etc insert lull name and add n•%%or IrgaI title of soreto 2000 Westwood Dr. , Wausau, Wisconsin its Surety, hereinafter called Surety,are held and firmly bound unto City of Jefferson, 320 E. McCarty, Jefferson City. MO 65101 I Hcrc insert hill name and addre,tit legal tide at 0%ncr) as Oblippe. hereinafter called Owner, for the use and benefit of claimants as tercinbelow del•'ned in the amount of Two Hundred Seventy-one Thousand, Four Hundred_Forty-Five_ 90_O�n ll;,rs(5_27�,445.90 _� ) 1 Here insert a suns equal tit at least nne•hull of the conlrtct price) for the payment whereof Principal and Surety hind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for Sunset Lake Improvements _ (Here hnwrl lull name,address and description of project) in accordance with Drawings and Specifications prepared by 1 tour insert lull 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 hereinafter defined.for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall he void:otherwise it shall remain in[till force and effect,subject,however,to the following conditions: I. Aclaimant isdefined as one havinga direct contract with the Principal or with it Subcontractor ofthe Principal for labor,material,or both,used or reasonably required foruse in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline.telephone scry ice or rental of equipment directly applicable to the Contract. 2. The above named Principaland Surety herch),jointlY andscverally agree with the Owner that every claimant its herein defined,who has not been paid in full belorc theexpiration ol'a period of ninety(90)daysafter the date on which the last of such claimant's work or labor wasdone 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 he justly due claimant,and have execution thereon.'fhe Owner shall not he liable for the payment of any costs or expenses of any such suit, 3. No suit or action shall he commenced hereunder by any claimant: a) Unless claimant,wherthan one havinga direct contract with the Principal.shall havc given written notice toany two ofthe following:The Principal,the Owner,or the Surety above named,within ninety(90)days aftersuch claimant did or performed the last of the work or labor,or furnished the last of the materials for which suit]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 lahoT was done or performed.Such notice shall be served by mailing the same by registered mail orcertified mail,postage prepaid,in an envelope addressed to the Principal,Owneror Surcty.at any place wherean office is regularly maintained for the transaction of business,or served in any manner in which legal process may be screed in the state in which thealoresaid project is located,save that such service need not he made bya public officer. b) After the expiration of one(I)year following the date on which Principal ceased Work on said Contract or after the expiration of one(I)year following the date of Substantial Completion of the Project,whicheveris later,it being understood,however.that if any limitation embodied in this bond is prohibited byany law controlling tt,e constrt c!icn hereof such limitation shall be deemed to he 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 state 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 part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to theextcnt of any payment or payments made in good faith hereunder,inclusive 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 scaled this /L 1A _-day of 6 e.A Twehous Excavating Company, Inc. (Principal) (Seal) (Witness) (•Title) , Employers Insurance of Wausau A Mutual Conipa.ny ( (Suretp) (Seal) (Witness) By (Attorney-iii-Fact) BonItie S. Caruthers (11)815.4244 6-83 11). USA No. 207-027- 0 0 0 4 4 0 EMMMRS INWRA(CE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE:PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,n 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 _ BOWIE S. CARUTHERS its true and lawful attorneyin•fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BON NOT.TO EXCTEDI THE Bi�.�Q�;NICS�i�,(�� �FtIi� ITTEN OBLIGATIONS iN THE NATURE THEREOF 11 I n Ptlrwl- s U I►nry Z FIVE RWRED THOUSAND DOLLARS ($2,500,000). 0 W and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with cr Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. Cr This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 1Rth day of May, 1973,which resolution is still in effect: tl "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF QWAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying h•„ the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A O 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 U) 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 0 A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect ul to any bond, undertaking or contract of suretyship to which it is attached:' W 1 WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day IPU) of JULY , 198_. U) .7 � EMPLOYERS INSURANCE OF WAUSAU A Mutual Z ir Lt,. SEAT,i BY } R.C.Retterath Senior Vice President W Attest: - Z O 0 R.J. B steman Assistant Secretary `t STATE.OF WISCONSIN ) U_ O COUNTY OF MARATHON ) a W On this_ LST day of Il It Y , 19_87 before me personally came R.C. Retterath to me known,who being by me duly sworn,did depose d and say that he is a senior vice president of the EM PLOYERS INSU RANCE OF WAUSAU A Mutual Company,thecorporation described in 0 and which executed the above instrument:that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate J 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. jiN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal the day and year herein first above written. Q O U) Patricia A. Kleman Notary Public NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES JUNE 3, 1990 STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU 1 ss. COUNTY OF MARATHON ) 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not heen 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,Chia —___ day of —. 19 .owl••w SEA R.J. Besteman Assistant Secretary r NOTE IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE.(R00)826•1661.(iN WISCONSIN,CALL(800)A72.0(Ml). I— 1� 11ul1hi,11, ,d \I 1 I,vm \111 t \1 11111, I'Ixll l,hour Wausau Any correspondence in relation to this bond should he directed to: '����"���� Wausau Insurance Companies Surety Underwriting 2000 Westwood Drive Commies [lox M 8017 PERFORMANCE BOND Wausau, Wisconsin 54401 KNOW ALL MEN BY THESE PRESENTS: Bond Nunther.-0750_72-048202-•C._,___ That _ Twehous Excavating Company, Inc. Mere insert lull name and addre\\or legal title of Contractor) Route 3, Hwy. 50 East, Jefferson City, Missouri 65101 as Principal, hcrcinaftcr c.:Ilcd Contractor, and Employers Insurance of Wausau A Mutual Company I here insert full name and address or legal title of Stint\1 2000 Westwood Dr., Wausau, Wisconsin as Surety, hcrcinaftcr called Surety,are held and fir►rlly hound unto City of Jefferson, 320 E. McCarty, Jefferson City, MO 65101 — (Here invert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of itao hundred 'Seventy–one _thousand, Four Hundred For>rji_f?yP 9t1L10L Dollars($ �71 . �n 5-Q�- L for the payment whereof Contractor and Surety hind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS. Contractor has by written agreement dated ' 19 entered into a contract with Owner for Sunset Lake Improvements _ (Here insert full name.address and description of pro..ject) in accordance with Drawings and Specifications prepared by _ f 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. N0W.1"11EREFORF.TIIF.CON I)ITH)N OFTIIIS OIII.IGA]ION is such that,il'Contractor shall promptly and faithfully perform said Contract,then this obligation\hall he null and void:other%kix it shall remain in full Iorce and ellect. The Surety hereby waives notice 411 any alteration or extension of time made by the(honer. Whenever Contractor shall be,and declared by Owner to he in del'ault under the Contract.the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly I) Complete the contract in accordance%%ith its terms and conditions,or 2) Obtain a bid nr bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,il'the Owner elects,upon determination by the(hvner and the Surety jointly(if the lowest responsible bidder,arrange loin contract het seen such bidder and Owner,and mlake available as Work progresses(oven though there should he a default or a succession of defaults under the contract orcontracts ol'completion arranged under this paragraph)stillicient funds to pay the cost of completion less the balance ol'the contract price:but not exceeding,including other costs and damages for which the Surely may he liable hereunder.the amount set Furth in the First paragraph hereof.The term"balance ol't lie cont ract price,"as used in this paragraph,shall mean the total amount payable by Owner to C'ontrlctor under the('oat ruct;Ind any amendments thereto.less the amount properly paid by Owner to Contractor. Any suit under this hond must be instituted before the expiration of two(2)years from the date on which l inal payment under the Cons raet falls clue or bel'ore the expiration of one(I)year from the Date of Substantial Completion of the Project,whichever is later. No right ofaction shall accrue on This hond to or for the use of any person orcorporation other than the Owner named herein or the heirs,executors,adrninistrators or successors of the Owner. Signed and sealed this U/7 day of n J e ni,h eg —, !99 0!__ Twehous Excamat,-in om an)Ef Try—. (Principal) (Scul) (Witness) t r (Title) Employers Insurance of Wausau A ttt.1i Copp ny r (Surety) `^J ISeal) \\v` (At torney-in•I utt) Onn e S. Carus t�ert3 1111 815-4238 1.82 PR TD.I). USA Ito. 247-027- 000441 EMPLOYM INSURAKE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEIN 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,lion made,constituted and appointed,and does by these presents matte,constitute and appoint BONNIE S. CARUTHERS its true and lawful attorney-in-fact,with full power and authority hereby conferred in R3 name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALI, BON)) , I EXCTEDIUG F'ENNi NdZAry S C FtR� ITTEN 0131.IGATIONS iN THE NATURE THEREOF 5l TWU Z FIVE HUNDRED THOUSAND DOLLARS ($2,500,000). 0 W and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with Cr Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. QThis power of attorney is granted pursuant to the following resolution adopted by the Board of i)irectors of said Company at a uJ meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: CL "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying Q < the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A O 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 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' Cl) "FURTHER RESOLVED,that the signatures of such officers and thesealofEMPLOYERS INSURANCE OF WAUSAU 0 A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect W to any bond, undertaking or contract of suretyship to which it is attached:' W IN WiTNESS W HEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be Wsigned by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this _ 1ST day U) of JULY , 19_7 U) �,.!"=: EMPLOYERS INSURANCE OF)MAUSAU A Mutual Company {Icoaroar /w _ ~ SEA , L%} By LL '� R.C. Retterath Senior Vice President W Attest: Ir O t— R.J. B steman Assistant Secretary Q STATE.OF WISCONSIN ) U- )ss. O COUNTY OF MARATHON ) W On this 1 ST day of J111 Y _, 1982 ,before me personally came R.C Rctteruh to me known,who being by me duly sworn,did depose Q and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,thecorporation described in p and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate J 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. jIN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above written. Q O Z Patricia A. Kiernan Notary Public NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES JUNE 3, 1990 STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAIi COUNTY OF MARATHON ) 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT 13HINTED 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 day of_ , 19_. U97 , R.J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OE' THIS POWER OF ATTORNEY,CALLTOLL FREE(800)826.166),IiN WISCONSIN,CALL(800)472-0041).