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HomeMy Public PortalAboutORD11038 BILL NO. 88-18 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. .1103K AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS EXCAVATING COMPANY, INC. , FOR THE 1988 CURB AND GUTTER PROJECT ON EDGEWOOD DRIVE. 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 an agreement with Twehous Excavating Company, Inc. , for the 1988 Curb and Gutter project on Edgewood Drive for a sum not to exceed $160,829.50. Section 2. The agreement shall be substantially the same in form and content as that agreement 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� /Q fib' Approved 446sldl��- f t/cer "mayor ATTEST: City Clerk ® CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this _L 7� day of - ---- ------ 13_ 16 _, by and between .___TwehQus._�_X.cAv_A_Un _-_ Comp nv, 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: 1988_Curb_&_Gutter.Project,________ West Edgewood Drive _ NOW THEREFORE, the parties to this contract agree to the following : 1. Manner and time,for_^_Carrpletion_ The Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor' s own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty (60) working days from the date Contractor is ordered to proceed, which order shall be issued by -the Director of Public Works within sixty (60) days after the date of this contract. 2. Pr-evaiIirkg Wiges. All labor utilized in the construction of the aforementioned improvements shall be paid a � wage of no less than the "prevailing hourly rate of wanes" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contracto=r 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. SSA-026-0090 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 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 R91y1o, Contractor shall forfeit to the City Ten Dollars for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for^ arty work done Under this contract, by the Contractor or arty subcontractor under the Contractor. 3. Insurance_ Contractor shall procure and maintain at its own expense during the life of this contract : (a) 41c,rkmen' s C,_,rgo resat i on I ns+_!rance for a 11 of its employees to be engaged in we-rk under this contract. (b) Cor�tractor' s Public Liability Insurance in an amount not less than $8+ 0, 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 pet-son in a single accident or r ccurrerice. (c) A+.�gnobi le Liabi 1 ity InsUt-ance in an amount not less than $600, 000 for all claims arising out of a single accident or occurrence and $100, 0+00 for any one person in a single accident or occurrence. (d) Owner' s Pv,ptective_ l.,iability Irisur,-Lnce - The Conti-actor 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 amournt 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 f_.cc+_trr-e rice, except for those claims governed by the provisi-ons of the Missouri Wor-krnen' s Compensation Law, Chapter 287, Rt3M#-,. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) S ibcontr,acts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor- to procure• and maintain all insurance required in Subparagraphs (a) . (b) , and (c) hereof and in like amounts. (f) - _ of Insurance and SDec i a 1 Ha z and� The i nsurar+ce required under Sub-paragraphs (b) and (c) hereof shall provide adeq+_iate 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 ernrp 1 owed by it. and also against any special hazards which may be encountered in the perfan►-mar,ce of this contract. NO!-q; Paragraph (f) is construed 'to require the procurement of Contractor' s protective insurance (or contingent public liability ar,d c1_r+t ir+rj 2r+t property damage policies) by a general cl_tntractor whose SUbCr-or+tractor 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. Contractors Responsibility for Subcontractors,_ It is further agreed that Contractor shall be as fully responsible to the City for the acts and c--missions of its subcontractors, and of ® persons either directly or indirectly employed by them, as Contractor is for the acts' and c--missions 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 setforth, 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. Nothino contained in this contract shall create any contractual relations between any subcontractor arid the City or between any subcontractors. 5.. Liguidated 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 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 prier written notice to the Contractor, without prejudice to any ether rights or remedies of the City should the Contractor be adjudged 'a bankrupt, or if Contractor Should make a general ass i gnmernt 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. Cityss 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 amlo Unt o f this contr•act thereby occasioned by the City. In any such case the City may take pOssessiorn cif, 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 f,'-recoina provisions are in addition to, and not in limitation of, the rights of the City under any ether 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 descrivtion, brought against the City and from all damage and casts by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by C ont Tact or, 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 byreason or on account of any injuries or- damaged received or sustained by any person or perso=ns, 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. 10.10. Pavagent 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�n 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. i?ay mfj_rt. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule setforth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with . the rates and/or aniounts stated in the bid of Contractor dated by_11 19_gg , which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 12. Contract Documents. The contract documents shall consist of the fallowing: a. This Contract e. General Conditions b. Addenda f. special Provisions C. Notice to Contractors g. Technical Specifications d. Signed Copy of Enid h. Drawings and/oar' sketches This contract and the other d_,cu rent s enumerated in this paragraph, form the Contract between the parties. lrhec-e 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 addressed to the City of Jefferson. 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at _,gig 3�_Highway_5Q_East�_Jefferson eit��_MO _ 65101 The date of delivery of any notice shall be the second fell 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 WHER.EOF2A. the parties have hereunto set their hands and seals this _--L2___- day of , CITY OF JEFFERSON, MISSOURI &y- - - - - Mayc,-- ATTEST: CITY CLERK CONTRACTOR Otle: AT TCS''- SECRETARY Wausau Durthcate of A I A Form A31 I/CM June 1980 Edition Insurance Any correspondence In relation to this bond should be directed to, Wausau M Companies Surety UnderwnfngCompanles Box 8017 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Wausau,Wiffib54�D2_88W8202—C BOND IN FAVOR OF TIIE OWNER CONDITIONED ON THE Bond Number // !! FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT LABOR & MATERIAL PAYMENT BOND KNOW ALL MEN BY'THESE PRESI:NTS: That Twehous Excavating Company, Inc. 1 Hrre m,ctt lull name and addre%%or legal title a('ontractorl Route 3, Hwy. 50 Easter ,T fferGon QiLy MO as Principal,hereinafter called Principal,and —Emnl n3rerst Insurance of Wausau A Mutual Company (llcrc m%ert full name:and addre%%or legal title ul Surcw P.O. Box 8017, Wausau, Wisconsin 54402-8017as Surety, hereinafter called Surety,are held and firmly bound unto City of Jefferson, Missouri Mere insert lull name and addre%%or legal title of O%ncr) as Obligee, hereinafter called Owner, for the ttec and benefit of claimants as hercinbclow defined, in the amount of One Hundred Sixty 'Phousand, Eight liirndred Twenty Nine & 50/1QQollars(S 160,829.50 ) (Here insert a sum equal to at Ica+t one-hall al 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 May 17 19 88 entered into a contract with Owner for 1988 Curb & Gutter Project, West Edgewood Drive (llerc insert full name,addre%%and description of protect) in accordance with Drawings and Specifications prepared by (Hcrc irnrrt lull name and addre%,or legal title of Architecil which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. qV NOW,THEREFORE,THE CONDITION OF THIS 0111.16A]10N 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 be void;otherwise it shall remain in full forceand effect,subject,however,to the following conditions: I. Aclaimant is defined as one having direct contract with the Principal or with a Suhcontractor of the Principal for labor,material.or both,used or Icasonably required for use in(hc 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 herebyjoimly and severally agree with the Owner that every claimant as herein deftned.who hits not been paid in lull before the expiration ofa period of ninety(90)days after the date 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 maybe justly due claimant,and have execution thereon.The Owner shall not he 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 following:rhel'rincipal,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 Iurnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail orcertificd 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,sane that such service need not be made by a public officer. b) After the expiration of one(1)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,whichever is later,it being understood,however,that if any limitation embodied in this bond is prohibited by any lawconteollingtheconstruction hereofsuch 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 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 oft his bond shall be reduced by and t o t heextent ofany 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 26th day of May , Twehous Excavating Company, Inc. (Principal) (Seat) (Witness) A N� (Title) Employers Insurance of Wausau A Mutual Company (Surety) (Scull ( ftness) By (Attorney-in-Fact) Bonnie S. Carut ers (P)815-4244 6.8.1 I'R D. USA • r No. 207-027- 0 0 0 4 7 6 EMPILOM INWRAWE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY'THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint B"fE S. CARUTHERS its true and lawful attorney•in•fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKING g OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED TH�' P� �N����S,Q��NER 16(BITTEN Z FIVE KJNDRED THOUSAW DOLLARS C$2,500,000- I W� 1�L1UIV L_ 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 Cc Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fart may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors ofsaid Company at a meeting duly called and held on the 18th day of May, 1971,which resolution is still in effect: a "RESOI.VEI),that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF Q WALISALI A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying F- 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 "FU RTH ER RESOLV ED,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 W to any bond, undertaking or contract of suretyship to which it is attached:' W IN WITNESS WHEREOF,EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company has caused these presents to be AM signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day of JULY 19_7 . ! -: EMPLOYERS INSURANCE OF USAU A Mutual Company �p.M1111 t �/ cc F- I SEAL1 By iy/KJy, R.C.Retterath Senior Vice President W Z Attest: it R.J. B steman Assistant Secretary Q STATE.OF WISCONSIN ) It O COUNTY OF MARATHON ) cc w On this 1�T day of Jlll Y 8 � , 19_L,before me personally came R.C. Retterath to me known,who being by me duly sworn,did depose (L and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation 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 tike 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 1 CERTIFICATE CITY OF WAUSAU COUNTY Ole MARATHON ) 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked.and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 26t-h day of_ �IFd}� ___ --_—, 19$8_. f h J40t1001,1 f �5EA R.J. Bes(eman Assistant Secretary NOTE: )F YOU IIAVF, ANY QUESTIONS REGARDING THE: VALIDITY OR WORDING OF THIS POWER OF AT l'OIINEY,CALLTOLI.FREE(800)N26-1661.(IN WISCONSIN,CALL(Ht)0)472-0041), wausau Any correspondence in relation to this bond should be directed to: insurance Wausau Insurance Companies » Bond Department companies, 2000 Westwood Drive >`w. a Box 8017 PERFORMANCE BOND Wausau, Wisconsin 54402-8017 KNOW ALL MEN BY THESE PRESENTS: Bond Number 0750-77-048202—C That Twehous Excavating Company, Inc. (Here insert full name and address or legal title of Conlraclor) Route 3, Hwy. 50 East, Jefferson City, MO 65101 as Principal, hereinafter called Contractor, and Employers Insurance of Wausau A Mutual Company (Here insert full name and address or legal title of Surety) P.O. Box 8017, Wausau, Wisconsin 54402—$Q;Urety, hereinafter called Surety, are held and firmly bound unto City of Jefferson, Missouri (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Sixty Thousand, Eight Hundred Tw my Ni nP & 5n jl nn Dollars($ 160'899-50 ), 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 May 17 , 19 88 , entered into a contract with Owner for 1988 Curb & Gutter ProJec , West Fdepwnnd nril.A (Here insert full name,address and description of 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. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to he in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,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 b;dder,or,if the Owner elects.upon determination by the Owncr and the Suretyjointly of the lowest responsible bidder,arrange fora contract between such bidder andOwner,and make availableas Work progresses(even though there should be default ora succession ofdefaults under the contract orcontracts ofcomplction 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 byOwner to Contractor. Any suit underthis bond must he instituted before the expiration oftwo(2)years from the date on which final payment under the Contract falls due or before the expiration of one(1)year from the Date of Substantial Completion of the Project,whichever is later. 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 the Owner. Signed and sealed this 26th day of-- May , 19 88 Twehous Excavating Company. Ines (Principal) (Seal) (Witness) �- (Title Employers Insurance of Wausau A Mutual Company (Surety) (S=all (witness) r 1)v a (Attorney-in-Fact) Ronnie S. Caruthers (11)X15-42)H 787 1)it I'D. USA MOM No. 207-027- 0 0 0 4 7 5 WPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE:PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon,State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint BONNIE S. CARUTHERS its true and lawful attorney-in-fact,with full power and authority hereby conferred ii�n;its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALI, BONDS.TO DER EKING , PJNALN�W6FS�OTHERjWR1TTEN OBLIGATIONS IN THE NATURE THEREOF MILL Z FIVE HUNDRED THOUSAND DOLLARS C0,500,000). 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 it meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: a "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF Q WAUSAU 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 atte3t 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 the seal of EMPLOYERS INSURANCE OF WAUSAU O A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and 0 any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding ~ upon the EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company when so affixed and in the future with respect Wto any bond, undertaking or contract of suretyship to which it is attached." 2 iN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be W Qsigned 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 . �o cn EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Z = r�;..o..,;� � t•.SEAL%1 By R.C.Retterath Senior Vice President ZAttest: �._•• "___� cr O r R.J. Il steman Assistant Secretary Q STATE OF WISCONSIN ) L1_ O COUNTY OF MARATHON ► W3: R.this 1 S]' day of II II Y , 19�_,before me personally came R.('. Retterath to me known,who being by me duly sworn,did depose dand say that he is a senior vice president of the EM PLOYERS INSU RANCE OF WAUSAU A Mutual Company.the corporation described in v 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 WI•i'NFSS WHFREOF,1 have hereunto set my hand and affixed my official seal the day and year herein first above written. Q Z U Patricia A. Kiernan Notary Public N NOTARY PUBLIC STATE OF WISCONSIN MY COMMISSION EXPIRES JUNE 3, 1990 STATE:OF WISCONSIN 1 CERTIFICATE CITY OF WAUSAU COUNTY OF MARATHON 1 1, the undersigned, assistant secretary of E:MPLOV F-RS INSURANCE OF WAUSAU A Mutual Company,a Wisconsin corporation, do hereby certify that the foregoing at,:t attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED iNK,remains in full force and has not been revoked;and furthermore that the resolution of the Bo,rd of Directors set forth in the power of attorney is atilt in force. Signed and sealed in the City of Wausau,Marathon County,State fif Wisconsin,this 26th day SEA R.J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDiTY OR WORDING OF TH113 POWER OF A'170RNEY.CALLTO ,L FREE(M)OH926.1661.(IN WISCONSIN,CAI.I.(800)472.0041). NO. 160645 CASUALTY INSURANCE — BINDER LIBERTY MUTUAL. WITH RESPECT TO GL COVERAGE, THIS POLICY PROVIDES ❑ Claims Made ❑ Occurrence IN CITY OF JEFFERSON ADDREss 320 E. MCCARTY ST. , JEFFERSON CITY, MO 65101 Perjding the Issuance of the policy or policies of the type or types described below,LIBERTY MUTUAL INSURANCE GROUPagrees to Insure the insured,but only for the coverages indicated,in accordance with the provisions of the policy or policies in current use by It.The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein,subject to all the terms of the policy having refer- ence thereto,and no insurance is provided for coverages for which no such limit or amount is stated.Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be cancelled (1)by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective,or(2)by the Insured by mailing written notice to the company stating When thereafter such cancellation shall be effective. 1988 at 12:01 This binder shall be effective on MAY 27, M., and unless previously cancelled, shall expire on MAY 27, 1989 at 12:01 A.M.,Standard Time,at the address of the insured. POLICY POLICY NUMBER TYPE OF POLICY LOCATION LOCATIONS TO WHICH BINDER APPLIES SYMBOL. (TO BE ASSICNC•Q) NUMBER TF OWNERS' & CONTRACTORS 1988 CURB & GUTTER PROJECT PROTECTIVE LIABILITY W. EDGEWOOD DR. LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY WORKERS'COMPENSATION AND POLICY EMPLOYERS'LIABILITY SYMBOL SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES STATES COVERED TF TWEHOUS EXCAVATING LIMIT OF LIABILITY—COVERAGE B HWY 50 EAST BODILY INJURY BY ACCIDENT JEFFERSON CITY, MO 65101 $ EACH ACCIDENT BODILY INJURY BY DISEASE $_ EACH PERSON BODILY INJURY BY DISEASE $_ POLICY LIMIT BI & PD LIMITS OTHER LIMITS POL. LOC. GEN'L AGGREGATE PRODUCTS/COMP. EACH OCCURRENCE FIRE LEGAL MEDICAL PERS/ADV.INJURY SYM NO. Other than Prod/Comp Op OPS AGGREGATE LIAB.Per Fire PAYMENTS Per Person or Org. TF 1 LIMITS OF INSU NCE: AGGREG TE LIMIT — $2 000,000 BODILY INJURY & PROP RTY DAMAGE LIA ILITY — $1,00 ,000 DEDUCTIBLE Retroactive Date Is as defined in the policy and Is the same as the effective date unless otherwise stated herein, $ RETROACTIVE DATE: F Subject to occurrence limit. This binder when duly countersigned is Issued on behalf of LIBERTY MUTUAL INSURANCE GROUP, herein referred to as the Company as respects the indicated coverages under forms customarily written in such Company. SALES REP AND SALES OFFICE EMMERICH 442 Liberty Mutual Insurance Group POLICY ISSUING OFFICE NEW OR REN. I MISHAWAKA NEW 1., . . . ... . . , . . TYPED BY DATE �`., G. .... . JM 5/27/88 County nod Ily Authorised Representative Liberty Mutual BS 704 R1 Pruned in U.S.A. Insurance Group NO. I b U b 4 5 CASUALTY INSURANCE BINDER LIBERTY MUTUAL. WITH RESPECT TO OIL COVERAGE, THIS POLICY PROVIDES ❑ Claims Made ❑ Occurrence TURED CITY OF JEFFERSON ADDRESS 320 E. MCCARTY ST. , JEFFERSON CITY, MO 65101 PeAding the Issuance of the policy or policies of the type or types described below,LIBERTY MUTUAL INSURANCE GROUP agrees to insure the insured,but only for the coverages Indicated,in accordance with the provisions of the policy or policies in current use by it. The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein,subject to all the terms of the policy having refer- ence thereto,and no insurance Is provided for coverages for which no such limit or amount is stated. Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be cancelled (1)by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective,or (2)by the insured by mailing written notice to the company stating When thereafter such cancellation shall be effective.This MAY 2 7, 1988 12.01 This binder shall be effective on _ at M., and unless previously cancelled, shall expire on MAY 27, 1989 at 12:01 A.M., Standard Time,at the address of the insured. POLICY POLICY NUMEIER LOCATION SYMBOL• (TO BE ASSIGNED) TYPE OF POLICY NUMBER LOCATIONS TO WHICH BINDER APPLIES TF OWNERS' & CONTRACTORS 1988 CURB & GUTTER PROJECT PROTECTIVE LIABILITY W. EDGEWOOD DR. IMLW LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY WORKERS'COMPENSATION AND POLICY EMPLOYERS' LIABILITY SYMBOL SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES STATES COVERED TF TWEHOUS EXCAVATING LIMIT OF LIABILITY- COVERAGE B HWY 50 EAST BODILY INJURY BY ACCIDENT JEFFERSON CITY, MO 65101 S._ .__-___EACH ACCIDENT BODILY INJURY BY DISEASE S_ — EACH PERSON BODILY INJURY BY DISEASE POIICV(IMIT ;"l' v' >F,T;k> BI 8 PD LIMITS OTHER LIMITS POL• LOC. GEN'L AGGREGATE PRODUCTS/COMP. EACH OCCURRENCE FIRE LEGAL * MEDICAL * PERS/ADV.INJURY SYM NO. Other than Prod/Comp Op OPS AGGREGATE LIAR. Per Fire PAYMENTS Per Person or Org• TF I LIMITS OF INSU NCE: AGGREG TE LIMIT — $2 000,000 BODILY INJURY & PROP RTY DAMAGE LIA ILITY — $1,00( ,000 DEDUCTIBLE Rotroactive Date is as defined In the policy and is the same as the effective date unless otherwise stated herein. $ RETROACTIVE- DATE I* Subject to occurrence limit. This binder when duly countersigned is issued on behalf of LIBERTY MUTUAL INSURANCE GROUP, herein referred to as the Company as 40 respects the indicated coverages under forms customarily written in such Company. SALES REP AND SALES OFFICE i— Mutual EMMERICH 442 �.berty Mutual Insurancfe Group POLICY ISSUING OFFICE NEW OR REN. MISHAWAKA NEW , r�lJL'- L_ �l ►wr.. . . .G'. . . . . . . . , . TYPED 8Y DATE JM 5/27/88 "'"'""' "•t.'�" ' Count, nod If Authorized H,prc,ealalive berty Mutual Certificate of Insurance W"ClWWWATE III ISSUED AS A MATTER Of IINFORMATWN ONLY AHD CONFERS NO NIGHTS UION YOU THE CERTIFICATE MOLDER.THIS CERTIFICATE Hi HIM AN INSURA" ►VUai AND 0016 NOT AMEND,EXTEND,OR ALTER Tiff COVERAGE AFFORDED BY THE POLICIES LISTED SELOIN, j YAM This is to Certify that LIBErJ � y Name and A � Twehous Excavating Company, Inc. address of LO n"ys,,,�, ,r.,.�,.,.,,,,,.,.,..,r ,ea,..,,, Route 3, Highway 50 East Insured. `""" `"""°"°°°`_0011MM L Jefferson City, MO 65101 is,at the Issue dote of this certificate,insured by the Company under the policyliesl listed below. 'The Insurance afforded by the listed policylles)is subject 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 AFFORDED UNDER W.C. COV.B LAW OF THE FOLLOWING STATES: Bodily Injury By Accident 100,000 Ea.Acc. WORKERS' 10/1/88 WC1-141-046504-087 MO Bodily Injury By Disease COMPENSATION 100,000 Ea.Person Bodily Injury By Disease 500,000 Pol.Limit General Aggregate•Other than Products'Completed Operations 10/1/88 TB1-141-046504-097 2,000,000 ProductslCompleted Operations Aggregate J 1,000,000 QD: Bodily Injury and Property Damage Liability w 1,000,000 per occurrence LL1 ❑ CLAIMS MADE Personal and Advertising Injury 1,000,000 Per person: _J _� organization _ A(IND DAf( � Da Other Q 1 © OCCURRENCE O U SPECIAL/EXCL. ENDORSEMENTS F_— ® OWNED 10/1/88 ASI-141-046504-017 $ 1,000,000 EACH ACCIDENT-SINGLE LIMIT-8.1. AND P.O.COMBINED J �m ® NON-OWNED $ EACH PERSON Q Q EACH ACCIDENT EACH ACCIDENT HIRED $ OR OCCURRENCI: a UH UCCURRENCE a: Umbrella 10/1/88 LEI-141-046504-077 Excess Limit: $2,000,000 = Excess Liabil ty LOCATIONIS) OF OPERATIONS &JOB #Ili Applicable) DESCRIPTION OF OPERATIONS: 1988 Curb & Gutter Project West Edgewood Di . -NOTE;You 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 DUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 0_DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: Dept. of Public Works 1 300 E. McCarthy &Lji �J 0IFICATE Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE HOLDER Attn: Bonnie Hubert 5/24/88 tt St. Louis DATE ISSUED OFFICE L This certificate Is executed by LIBERTY MUTUAL INSURANCE COMPANY as respects such insurance a is afforded by That Company,it is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as (aspects such Insurance as Is afforded by That Company,it is executed by LIBERTY INSURANCE CORPORATION as(aspects such insurance as is afforded by That Company, 85 772