HomeMy Public PortalAboutORD11040 S BILL NO. 88-17
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. //pcld
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FOR THE
CONSTRUCTION OF THE WEST MAIN STREET.
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 construction of the West Main Street for a sum not
to exceed $854,276.90.
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 , /r F P Approved ( "Pd, /F F r
4Ptesidin fficer or
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
tZ
AMIL THIS CONTRACT, made and entered into this 69 day of
19 d� , by and between Twehous Excavating
company hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City."
WITNESS: 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 Main Street
NOW, THEREFORE, the parties to this contract agree to the
following:
1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools,
equipment, materials and supplies necessary to perform, and to
perform, said work at Contractor's own expense in accordance with
the contract documents and any applicable City ordinances and
state and federal laws, within 120 ( working) .
days fran the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within 10
days after the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
of the afore.Tnentioned 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.
8-026-061
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 -
tion with ? , the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the
workmen in connection with the work to be performed under the
terns of this contract. A copy of the record shall be delivered
to the Director of Public Works each week. In accordance with
Section 290.250 RSMo, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day
or portion thereof that the workman is paid less than the
stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contractor shall procure and maintain at its
own expense during the life of this contract:
(a) Workmen's Ccmnensation 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) Scone 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 Resconsibility 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 S200.00' Der day from any mount
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 camlete
the work by such time, as long as the City does not terminate the
right of Contractor to proceed. It is further provided ' that
Ash Contractor shall not be charged with liquidated damages because
of delays in the completion of the work due to unforseeable
causes ,. Contractor's control and without fault or � .
negligence on Contractor's part or the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days' prior written
notice to the Contractor, without prejudice to any other rights
or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general. assignment for
the benefit of its creditors, or if a receiver should be
appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to
supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any
person supplying labor or materials for the work under the
contract, or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City's Right to Proceed. In the event this contract is
.terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such
materials, applicances and structures as may be on the work site
and are necessary for co=letion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
rights of the City trader 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 Doctments 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 19 88 , which are by reference made a '
part hereof. 16,o 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 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
Rt. 3, Hwy. 50 East, Jefferson City, MO 65101 . The date Of
delivery of any notice shall be the second full day after the day
of its mailing. r
V
•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 ha hereunto set
their hands and seals this c9 S day of
19 $8�
CITY OF JEFFERSON, MISSOURI
BY ,
ATTEST:
` CITY CLERK
CONTRACTOR
itle:
AT'T'EST:
SECRETARY
Certificate of Insurance
TNIB CERTI/WAN IN NISUED AS A MATTEII OF I IFOFWIATM ONLY AND COWFEM3 NO M004U U"YOU THE CEItTIFICIITE HOLOEN.VMS 0MVICAT1 is NOT AN INIURANCE POLICY
AND VMS NOT AAiEND,EXTEND.ON ALTER THE COVEIgAOE AFFOIIDEO BY THE POLICIES USMO AEW'W.
This is to Certify that LIBERTY
F Name and NWTUAL
Twehous Excavating Company, Inc. address of ,awr.rmr,11,010 Cawp�
Route 3, Highway 50 East Insured.
L Jefferson City, MO 65101
is,at the issue data of this certificate,insured by the Company under the policylies)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.8
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.Person
Bodily Injury By Disease
500,000 Pot.-Limit
General Aggregate-Other than Products'Compteted Operations
10/1/88 T111-141-046504-n97 2,000,000
Products/Completed Operations Aggregate
J 1,000,000
Bodily Injury and Property Damage Liability
cc
Z 1,000,000
rr--�'� per OCCUrrQntQ
L_.1
Lu CLAIMS MADE Personal and Advertising Injury
Q1- 1'000'000 per person:
..1 rrr nio onrt .",L iization
C. m Other
r ® OCCURRENCE
SPECIAL/EXCL.
ENDORSEMENTS
o LCI OWNED 10/1/88 AS1-141-046504-017 $ 1,000,000 EACH ACCIDENT-SINGLE LIMIT•B.I. AND P.D.COMBINED
m ® NON-OWNED $ EACH PERSON
EACH ACCIDENT EACH ACCIDENT
J �t HIRED $ OR OCCURRENCE S OR OCCURRENCE
Umbrella 10/1/88 LEI-141-046504-077 Excess Limit: $2,000,000
Excess Liability
0
LOCATION(S) OF OPERATIONS&JOB p (If Applicable) DESCRIPTION OF OPERATIONS:
1988 Curb & gutter work W. Main Street & Clay Street
to Broadway Street-City of Jefferson
'NOTE:You will NOT ba 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:r--
i City of Jefferson
320 E. McCarty
CERTIFICATE Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE
HOLDER 7/13/88 dw St. Louis
1 DATE ISSUED OFFICE
J
This certificate Is executed by LIBERTY MUTUAL INSURANCE COMPANY as aspects ouch insurance as is afforded by That Company,d Is executed by LIBERTY MUTUAL FIRE INSURANCE COMPANY as
tespacts such Insurance a is effordad by That Company,it Is•xecutad by LIBERTY INSURANCE CORPORATION a aspects such insurance a is aflord.d by That Compmty.
BS 772
NO- 160582 CASUALTY INSURANCE
BINDER LIBERTY
MUTUAL.
WITH RESPECT TO GL COVERAGE.THIS POLICY PROVIDES ❑ Claims Made ❑ Occurrence
INSURED CITY OF JEFFERSON
320 E. MC CARTY
DDRESS JEFFERSON CITY, MO 65101
Perlding 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. JULY 18 1988 at 12:01 A
This binder shall be effective on , . M.,and unless previously cancelled,
shall expire on SEPTEMBER 1E, 1988 at 12:01 A.M., Standard Time, at the address of the insured.
°M ( e A sl LOCATION
Ot. To ED) TYPE OF POLICY R LOCATIONS TO WHICH BINDER APPLIES
TF OWNERS' & CONTRACTORS'
PROTECTIVE LIABILITY 1 W. MAIN ST. & CLAY ST. TO BROADWAY
ST. — CITY OF JEFFERSON
LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY
WORKERS'COMPENSATION AND SYMBOL
EMPLOYERS'LIABILITY SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES
_
STATES COVERED TF TWEHOUS EXCAVATING CO. , INC.
LIMIT OF LIABILITY—COVERAGE B HIS 50 EAST
BODILY INJURY BY ACCIDENT JEFFERSON CITY, MO 65101
S EACH ACCIDENT
BODILY INJURY BY DISEASE LOCATION OF COVERED OPERATIONS —
S EACH PERSON LOCATION 1 AS STATED ABOVE
BODILY INJURY BY DISEASE
$ POLICY LIMIT
XX BI & PD LIMITS OTHER LIMITS
POL. LOC. GEN'L AGGREGATE PRODUCTS/COMP. FIRE LEGAL * MEDICAL * PERS/ADV.INJURY
SYM NO. Other than Prod/CornpOp OPS AGGREGATE EACH OCCURRENCE LIAR,Per Fire PAYMENTS Per Person or Org.
TF 1 LIMITS OF INSU NCE:
AGGRE ATE LIMIT — $2,000,000
BI & ID LIABILITY — $1 ,000,000
DEDUCTIBLE Ratroactive Date is as defined In the policy and is the same as the effective date unless otherwise stated herein,
RETROACTIVE DATE: 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 I NEW OR REN.
0 MISHAWAKA NEW
Apaz �� TYPED BY DATE
., . ... . . ... . . .... . . ... . .. .., . . . ,. . . .. JAC 7/13/88
CounlerMiKned fly Aulharixed Heprerentutive Liberty M teal
BS 704 R t Printed In U.S.A. Insurance Group
. ` .
`aumu Any correspondence in relation to this
I bond should be directed to:
insurance Wausau Insurance Companies
Bond Department
Companies 2000 Westwood Drive
ILV Box 8017
AN PERFORMANCE BOND Wausau, Wisconsin 54402-8017
KNOW ALL MEN BY 'THESE PRESEN'T'S: Bond Number 0750-80-048202–C
That Twehous Excavating Company, Inc.
(Here insert full name and address or legal title of Contractor)
Route #3, Highway 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)
2000 Westwood Dr. , Wausau, Wisconsin is Surety, hereinafter c:, Ie�1 Surcty, are held and firmly bound unto
City of Jefferson, 320 E. McCarty, Jefferson City, MO 510
I llcic insert lull name and address or legal title of Owner)
as Obligee hereinafter called Owner, in the amount of
Eight Hundred Fifty Four Thousand Two Hundred Seventy $ix Dollars(5 854.276.90 ),
for the payment whereof Contractor and Surety hind themselves,their Ws, rs,administrators,successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS. Contractor has by written agreement dated June 29th 19 88
entered into a contract with Owner for 1988 Curb and Gutter Projects West Main Street
(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.THt;RFF-ORF.THE CONDITION OF THIS OH1.16A' ION is such that,if Contractor shall promptly and faithfully perform said Contract•then this
obligation shall he null and void:otherwise it shall remain in full force and effect.
riic Surety hereby waixes notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by(honer 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
11 Complete the Contract in accordance with its terms and conditions,or
2) Obtain a hid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible
bidder•or.illhe Owner elects,upon determination by the Owner and the Surctyjointly of the lowest responsible bidder,arrange fora contract between such bidder
and Owner.and make availableas Work progresses(even though there should he it default ora succession ofdefaults underthecontract orcontracts ofcomplction
arranged under this paragraph)sufficient funds to pay the cost ol'completion less the balance of the contract price;but not exceeding,including other costs and
damages for which the Surety may he 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 anwunl payable by Owner to Contractor under the Cmil ract and any amendments thereto.less the amount properly paid by Ow•ncr
to Contractor.
Any suit under this bond must he instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due or before the
expiration of one(I)year from the Date of Substantial Completion of the Projects whichever is later.
No right of action shall accrue on this hond 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— ]-,qt day of Jules , 19 88
Twehous Excavating Company, Inc.
(Principal) (Scut)
(witness)
I
('I itle)
Employers Insurance of Wausau A Mutual Company
(Surety) (Scull
I&-Wo i�a az/ 6-0
(Altorncy-in•Facl) gTn—hIe v. Caruthers
(11)815.4238 787 I'R 11). USA
No. 207-027- 0 0 0 4 9 0
E11APLMRS INSURANCE OF WAUSAU A Mutual Company
POWER OF ArrORNEY
® 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,hits 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 authoo�ri��tly�TThereby conferred in its name,place and stead,to execute,
OBLIGATIONS acknowledge N THE.NATURE THEREOF 'TO EXCEADI13G�, ��W�NA��N�ESQ$�C�HFLRIo ff
Z FIVE HUNDRED THOUSAND DOLLARS ($2,500,000). Itt uu°'�I PP �INNnn�� 11 LL
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-fact may do in the premises.
Q This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a
u] meeting duly called and held on the INth 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
n 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
U) th:?reto the seal of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company:'
W "FURTHER RFSOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU
O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
0 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:'
LL IN WITNESS WHEREOF,EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company has caused these presents to be
Qsigned by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day
ZW of , 1987,
W !" EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
I JLo.ro.4 t
SEA L
~ =•, F y
� B
�f R.C. Retterath Senior Vice President
ZAttest: –
O
R.J. R steman Assistant Secretary
STATE OF WISCONSIN )
LL )ss.
O COUNTY OF MARATHON )
cc
W On this 1 S.T day of .ZUI_Y 19_7 before me personally came
0 R.C. Itetter:tth to me known,who being by me duly sworn,did depose
a and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,thecorporation described in
0 and which executed the above instrument;that lie 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.1 have hereunto set my hand and affixed my official seal the day and year herein first above written.
Q
Z a . 1
Patricia A. Kleman Notary Public
NOTARY PUBLIC
H STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 3, 1990
STATE OF WISCONSIN 1 CERTIFICATE
CI.1'Y OF WAUSAU
COUNTY OF MARATHON 1
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
to not been revoked;and fur(hermore 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 1st day
of
gE� R.J. Besteman Assistant Secretary
w�
NOTE: iF YOU HAVE ANY (,QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY,('ALI,TOLL FREE:(800)826.1661.ON WISCONSIN,CALL.(800)472.0041).
r
Wausau Durillute of A.I.A.Form A311/CM June 1980 Edition
• Insurance Any correspondence In relation to this
bond should be directed to:
Wausau Insurance Companies
Companies Surety Underwriting
Box 8011
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Wausau,WI65381Y-14'8
BOND IN FAVOR OF THE OWNER CONDITIONED ON THE Bond Number 202—C
FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
LABOR & MATERIAL PAYMENT BOND
KNOW A1.1. MEN BY THESE PRESEN'T'S: Inc.
That Twehous Excavating Company,
rlloc inwrl lull name and addre%%or legal UUc of fantractorI
Route #3 Highway 50 East, Jefferson City, MO 65101
as Principal, hereinafter called Principal,and Employers Insurance of Wausau A Mutual_ Company
. (Ilete insert lull name:md address or IcgaI talc nt Simi,I
201710 as Surety, hereinafter called Surety,are held mid firmly bound unto
City of Jefferson, 320 E. McCarty, Jefferson City, MO 65101
111crc imert full name and addre„m legal title to(lwnerl
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Eight Hundred Fifty Four Thousand, Two Hundred Seventy' Six Dollars(S 854,276.90 I,
(Here insert a sum equal in at least one-half oil the contract peal and 90/100
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 June 29th 19 88
entered into a contract with Owner for 1988 Curb and Gutter Project, West Main Street
I Ilcre inert lull name•addre,%and description ul proicctl
in accordance with Drawings and Specifications prepared by
(Here insert lull name and address or legal title al Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE.THE CONDITION OF THIS 01113GATION 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 oft he Comract.Ihen this obligfUion shall he void:otherwise it shall remain in lull force and effect,subject.however.to the
following conditions:
1. Aclaimant isdefined as one having direct contract with the Principal or with it Subcontractor at the Principal for labor,material.or both,used or reasonably required for use in the
performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline.telephone service or rental of equipment directly
applicable to the Contract.
2. 'rhe above named Principal and Surctyhcrehyjointly and severally agree with the Owner that every claimant its herein deftned,who has not been paid in full before the expiration ofa
period of ninety(qe)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 judgmeut for such sum or sums as may he justly due claimant,and huve eXCellfion thereon.The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suitor action shall be commenced hereunder by any claimtuq:
a) Unless claimant.other than one having a direct contract with the Principal,shall have given written notice fit tiny two of lite following:I lie Principal.the Owner.or the Surety above
named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial
accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was dune or performed.Such notice shall be served by
mailing the same by registered mail orcertilied mail,postage prepaid,in an envelope addressed fn the Principal,Owner or Surety,at any place where an office is regularly maintained for
the transaction of business,or served in any munner in which legal process may be served in the state in which the al'oresaid project is located,%a%c final such service need not he made by a
public officer.
b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contractor after the expiration of one(1)year following the date of Substantial
Completion of the Project,whichever is later,it being understood,however,that if any limitation embodied in this hand is prohibited by city law controlling theaonslruction hereof such
limitation shall he deemed to he amended so as to he 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 11rojecl.or an% part thereof,is situated,or in the
United States District Court for the district in which the Project,or any purl thereof',is siluuicd,and not elsewhere.
4. The amount of this bond shall be reduced by and m the extent of any payment or payments made in good faith hereunder,inclusive of the payment ny Surety of mechanics'liens which
may be filed of record against said improvement,whether or not claim for the amount of such lien he presented under and against this bond,
.Signed and sealed this lot day of Jyly 19 88_,
Twehous Excavating Company, Inc.
(Principal) r (Seat)
(Witness)
Hv
('ritic)
Employers Insurance of Wausau A Mutual Cora •any
___tL `�r''�" _ "• (tiurclyl � (Seal)
By(Witness) ��
By W,&1a
(Attorney-in•I'act) Bonnie S. Carti'C ers
(P)0154244 6.83 PRTU. USA
No. 207-027- 0 0 0 4 91
EMPLOYERS INSURANCE OF WAUSAU A Mutual Co m pa n y
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,it corporation duly organized and existing under
the laws 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
_ BONNIE S. CARUTHERS
its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,
sent, acknowledge and deliver ANY OR ALL, BON NOT,TO i E jP6I C , PJNALNI�(1 SFS OR CRNFL- WRITTEN
OBIAGATIONS IN THE.NATURE THEREOF Sint 1L off
Z FIVE HUNDRED THOUSAND DOLLARS ($2,500,000 .
0
W
tr and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with
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.
This power of attorney is granted pursuant to the following resolution adopted by the Hoard of Directors of said Company at a
Q meeting duly called and held on the 18th day of May, 197;1,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
0 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
rn 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 be 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 tiny bond, undertaking or contract of suretyship to which it is attached:'
U.1
IN WITNESS WHEREOF,EMPLOYERS INSURANCE OFF WAUSAU A Mutual Company has caused these presents to be
Qsigned by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day
Z U) of— U LY 1987.
t_n r" •. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
lcorour, �/
SEAL i By �,!(•L/
— R.C.Retterath Senior Vice President
ZAttest: -
Cr i
R.J. B steman Assistant Secretary
R STATE OF WISCONSIN )
u- )ss.
O COUNTY OF MARATHON )
On this, 1ST day of 19 87 before me personally came
R.C. Retterath to me known,who being by me duly sworn,did depose
CL and say that he is a senior vice president of the EM PLOYER S INSURANCE OF WAUSAU A Mutual Company,the corporation 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 sctch corporate
=1 seal and that it was so affixed by order cif the Board of Directors of said corporation and that he signed his name thereto by like order.
j IN 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
U) NOTARY PUBLIC
STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE 3, 1990
STATE OF WISCONSIN 1 CERTIFICATE
CITY OF WAUSAti
COUNTY OF MARATHON 1
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 Directorsset forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this 1t3C day
1<i88
'/414 d"00��
E SEA R.J. Resteman le Assistant Secretary
NOTE: IF YOU iFAVE' ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY,CALLTOLL FREE(800)826.1661,(iN WISCONSIN,('AL1.(800)47'2-)041).