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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).