HomeMy Public PortalAboutORD11086 BILL NO. 88-65
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. //-U S 6
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND VAUGHAN
CONSTRUCTION COMPANY, INC. , FOR THE 1988 SANITARY SEWER PROJECT,
PHASE I.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Wisch & Vaughan Construction
Company, Inc. , for the 1988 Sanitary Sewer Project, Phase I, for
a sum not to exceed $93,909.61.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved
residin fficer ayor
ATTEST:
J
City Clerk
CONSTRUCTION CONTRACT
THIS CONTRACT , made and entered into this �D�` day of
&� , 19� by and between Wisch and Vaughan
Const uction Company_ Inc. , hereinafter c a 11 e d
"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 Sanitary Sewer Project, '
Phase I.
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 sixty-five (65) calendar days from
the date Contractor is ordered to proceed, which order shall be
issued by the Director of Public Works within ten (10) days
after the date of this contract.
2. Prevailing Wages . All labor utilized in the
construction of the aforementioned improvements shall be paid a
wage of no less than the "prevailing hourly rate of wages" for
work of a similar character in this locality, as established by
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.
88-026-0124 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 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 n rocure
p and maintain at
its own expense uring the life of this contract:
t
(3) Workmen ' s Compensation Insurance for all of its
employees to be engaged in work under th s 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
IP 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 Subparagraphs (a) , (b) ,
and (c) hereof and in like amounts.
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall provide
adequate protection for the Contractor and its subcontractors,
respectively, against damage claims which may arise from
operations under this contract, whether such operations be by the
insured or by anyone directly or indirectly employed by it, and
also against any special hazards which may be encountered in the
performance of this contract.
NOTE; Paragraph (f) is construed to require the procurement of
Contractor 's protective insurance (or contingent public liability
and contingent property damage policies) by a general contractor
whose subcontractor has employees working on the project, unless
the general public liability and property damage policy (or rider
attached thereto) of the general contractor provides adequate
protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by ali 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. 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 ma y ,
at his discretion, deduct $100. 00 from any amount otherwise due
under this contract for every day Contractor fails or refuses to
prosecute the work, or any separable part thereof , with such
diligence as will insure the completion by the time above
specified, or any extension thereof , or fails to complete the
work by such time, as long as the City does not terminate the
right of Contractor to proceed. It is further provided that
Contractor shall not be charged with liquidated damages because
of delays in the completion of the work due to unforeseeable
causes beyond Contractor ' s control and without fault or
negligence on Contractor 's part or the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days prior written
notice to the Contractor, without prejudice to any other rights
or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment for
the benefit of its creditors , or if a receiver should be
appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to
supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any
person supplying labor or materials for the work under the
contract , or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City's Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of , and utilize in completing the work , such
materials, appliances and structures as may be on the work site
and are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the
® rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
8. Guards and Lights. The Contractor agrees to defend,
indemnify, ana 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.
Aft
WP 11. Payment. 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 amounts stated in the bid of Contractor dated
ZLugust 12 , 1988 , 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 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 addressed to the City of Jefferson, 320
East McCarty, Jefferson City, Missouri 65101, and Contractor at
1909 S. Country Club Drive, Jefferson City, MO 65109
The date of delivery of any notice shall be the second full day
after the day of its mailing.
15. Jurisdiction. This agreement and every question
arising hereunder shall be interpreted according to the laws and
statutes of the State of Missouri.
16. IN TESTIMONY WHEREOF I the parties have hereunto set
their hands and seals this 31 day of ,
191 $
CITY OF JEFFERSON, MISSOURI
By
M r
ATTEST:
./J
CITY CLERK
CONTRACTOR
By o
Titl : R�GNA�2D G.VWrldG
VlLL Fozas DENT
ATTEST:
SEC TARY
CA'mm►2me wkR44M)
eA'
MYausau Any correspondence in relation to this
bond should he directed to:
insurance Wausau Insurance Companies
Bond Department
Companies 2000 Westwood Drive
L6* Box 8017
PERFORMANCE BOND Wausau, Wisconsin 54402-8017
KNOW ALL MEN BY T'IIESE: PRESENTS: Bond Number 0750-48-050053-C
That Wisch and Vaughan Construction Company, Inc.
(Hcre insert full name and address or legal title of Contractor)
1909 South Country Club Drive, Jefferson City, MO 65101
as Principal, hereinafter called Contractor, and Fmp1 oyerst Tn-,jjranre nf Wausa l A Hilt-11 Company
(Ilere insert lull name and address or legal title of Surety)
2000 Westwood Dr. , Wausau, WI 54402-803d�Surety, hereinafter called Surety, are held and firmly bound unto
City of Jefferson, 320 E. McCarty St. , Jefferson City, MQ 65101
(Ilere insert full name and address of legal title of lhsner)
-is Obligee, hereinafter called Owner, in the amount of
Ninety Th ThottGanr) Nine Hiindrpd Ninp and 611100 Dollars(S 91-909-61 ),
for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,
jointly and severally, firmly by these presents.
NVI-IEREAS, Contractor has by written agreement dated . 19 ,
entered into a contract with Owner for.1988, Sanitary Sewer Project - Phaa T
(Here insert full name,address and description of proieco
in accordance with Drawings and Specifications prepared by
(Ilere 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]HIS 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.slid effect.
The Surety hereby waives notice of any alteration or extension of time made by the Oss ner.
Wheneser Contractor shall be.and declared by Owner to be in default under the Contract,the Ulmer having performed Owner's obligations thereunder,the
Surety may promptly remedy the default,or shall promptly
0 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.if the Owner elects,upon determination by the Owner and the Surety jointly ol't he lowest responsible bidder,arrange fora contract between such bidder
and Owner,and make availublc as Work progresses(even though there should he a default or a succession ol'defaults under the contract or contracts of completion
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 he liable hereunder,theamount 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 aniendments thereto,less the amount properly paid by Owner
to Contractor.
Any suit under this bond must he instituted before the expiration of two(2)years from the date on st(rich final payment underthe Contract fall's due or before the
expiration of one(1)year from the Date of Suhstantial Completion of the Project.rt hichever 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 day of , 19
Wisch and Vaughan Construction Company, Tnc,
(Principal) (Scztl)
(Witness) J
By
VICE PRQ,IDS-wT ('Title RIC1-IARb C. vptmAltilsa
�n Employers Insurance of Wa usau A Mutual Cotrnany
(Surety) (Seol)
(Witness)
By Z &,a�
(Attorney-in•Fuctl flDnnie S. Caruthers
11'1K15-.1?;qt 7>i7 I'It'II). l'S.4
No. 207-027- 00510
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN 14Y THESE PRESENTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company.it 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 tondo,constituted and appointed•and does by these presents make,constitute and appoint
BONNIE S. CA_RUTHER_S_
its true and lawful sittorney-in-fact.with fill[power and authority hereby conferred in its name,place and stead,to execute,
seal, acknowledge and deliver ANN' OR ALI. IIONDS, UNDER'I'%KING, .N '. ti (" F'1 'f i'i°rEN
OHI,iGATIONS IN THE NATURE,THERF:O1. NOT TO EXCE�D THE �EW, SLUM b� � �I��Lti�
Y FIVE HUNDRED THOUSAND DOLLARS ($2,500,000).
z
Wand to hind the corporation thereby as fully and to the same extent as if such hands were signed by the President,sealed with
tY the corporate seal of the corporation and duly attested by its secretary hereby ratifving and confirming all that the said
z attorney-in-fact may do in the premises.
cc 'this power of attorney is granted pursuant to the following resolution adopted by the Board of Directors ofsaid Companv at a
Q meeting duly called and held on the 18th day of May, 1973.which resolution is still in effect:
W "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE,OF
CL WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifving
Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE.OF WAUSAU A
H Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be,
O and that each or any of'them hereby is,authorized to attest the execution of any such power of attorney,and to attach
z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:'
to "FURTHF.RRE SOLVED,that the signatures ofsuchofficersandthesealofEMPL OYERS INSURANCE OFWAUSAU
W A Mutual Company may he affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
a any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding
I— upon the EMPLOYERS INSURANCE OF:WAUSAU A Mutual Company when so affixed swot in the future with respect
Z 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
signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this IST day
of JULY , 1987.
to
EMPLOYERS INSURANCE OF-V0USAU A Mutual Company
Z _
f— `SEALS By f
LL R.C. Retterath Senior Vice President
�j Attest: --
z
R.J. D steman Assistant Secretary
Q STATE OF WISCONSIN )
O COUNTY OF MARATHON )
W On this 1ST JL11 Y 19.0-7—,
W day of before me personally came
R.C. Retterath
O to me known,who being by me duly sworn,did depose
0 and say that heisa senior vice president of theEM1)LOVERS INSURANCEOF WAUSAU A Mutual Company,thecorporation described in
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.
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
U) Patricia A. Klcman Notary Public
U) NOTARY PUBLIC
= STATE OF WISCONSIN
H MY COMMISSION EXPIRES JUNE 3, 1990
STATE OF WISCONSIN 1 CERTIFICATE
CITY OF WAUSAU )8s.
COUNTY OF MARA'T'HON )
® 1, the undersigned, HSSistant Secretary of FMPLOYERS INSURANCi': 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 YRINTFI) IN THE MARGIN THEREOF IN RED INK,remains in full force and has
not h(en revoked;and furthermore that the resolution of the[rasa d of Direc tors Set forth in the power ofattorney is still in force,
Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this day
SEA , R..1, Besteman Assistant Secretary
r
NOTE:: If %'Oil HAVE ANN' QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF
A'1"1'URNI?N',('AI.I.'I'01.1.1 ftl:h:I811O',8:?Ii I(itil,tIN WISCONSIN,CALL(MOO)4 72.00.11).
Wausau ;
K insurance Arty correspnndente In telallnn to Iles
bond should be directed lo:
Wausau Insurance Companies
Companies Bond Department
ANNL 2000 Westwood Drive
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Box 8017
BOND IN FAVOR OF THE OWNER CONDITIONED ON THE Wausau,Wisconsin 54402.8017
FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond Number 0750=48-050 5 t—C
LABOR g MATERIAL PAYMENT BOND
KNOW Al.l. %1I:` BY THESE PRESENTS:.
That Wisch and Vaughan Construction Company Inc
Illere msen lull name and addle,,of legal Nile I t canna,ho
1909 South Country Club Drive. Jefferson City, MO 65101
as Principal,hereinafter called Principal,and Employers Insurance of Wausau A Mutual Company
I IIc1r nnell lull nanw and address or legal Isle cal\utett 1
2000 Westwood Dr. , Wausau, WI 54402-8017 as Surety, hereinafter called Surety,arc held Ind firmly bound unto
City of Jefferson 320 E McCarty_, T ff son ri y, MO 6%101
I Itere invert lull name and addre%%of legal title cat 0%net t
as Obligee; hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Ninety Three Thousand Nine Hundred Nine and 61/100 Dollars(S 93,909.61 )
Illere in%ctt a cum equal to at lea%t tine-hall cal the contract pncel
for the payment %%hereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and
severally,firmly hY these presents.
WHEREAS. Principal has by written agreement dated 19 ,
entered into a contract with Owner for 1988 Sanitary Sewer Project — Phase 'f
Illere insert lull name,addre%%and Owislinuu of pwµ•,tl
in accordance tvith Drawings and Specifications prepared by
IHcre insert full name and address or legal title cal Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THER EPORE.THE CON DITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and
material used or reasonably required for use in the performance of the Contract,then this obligation shall be void:otherwise it shall remain in full force and effect,subject,11owever,to the
following conditions:
I. A claimant is defined as one hal,ing a direct contract with the Principal or with a Subcontractor ofthe Principal lor 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 mice or rental of equipment directly
applicable to the Contract.
2. TheahovenamedPrincipalandSuretyherehyjointlyandscverallyagreewiththeOwnerthat everyclaimantashercindefined,whohasnotbeenpaidinfullheforetheexpirationofe
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 an this bond for
the use of such claimant.prosecute the suit to final judgment for such sum or sums as may he justly due claimant,and have execution thereon.1 he Owner shall not be liable for the
payment of any costs or expenses of any such suit.
). No suit or action shall he commenced hereunder by any claimant:
a) Unless claimant.other than one having a direct contract with the Principal,shall have given written not ice ill uny two of the following:l'he Principal,the Owner.or the Surety above
named,w ithin ninety(90)drys 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 done or performed.Such notice shall be served by
mailing the same by registered mail orccrtified mail,postage prepaid,in an envelopeaddressed 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 maybe served in the state in which the aforesaid project is located•save that such sere ice nee I not be made by■
public officer.
b) After the expiration of one(I)year following the date on which Principal ceased Work on said Contract or after the expiration of one(I)year following the date of Substantial
Completion of the Project,whichever is later,it being understood,however,that ifany limitation embodied in this bond is prohibited by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
0 Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof.is situated,or in the
United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere.
4. The amount of this bond shall he reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive oft he 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 he presented under and against this bond.
Signed and sealed this day of — 19
19
Wisch and Vaughan Construction Company, In
(Principal) (Seal)
(Witness)
IiyV PRxsSID"-17 RtGt}Iq 11,VpK444W
Employers Insurance of Wausau A Mutual Company
(Surety) (Seal)
(Witness)
' By
(Attorncy•in•F•act) Bonnie S. Caruthers
(P)8154244 aax PR'I'I). usn
No. 207-027- 00509
EIVIPLOI'ERS INSURANCE OF WXJSAU A Mutual Company
POWEII OF ATTORNEY
KNOW ALL MEN 11)''I'lll•SE PRESENTS:
That the EMI'I.OY1:1CS IN.IU`HANCE OF WAI'SAV A Mutual Company,it corporation duly orgatlized and existing under
the laws of the Stale of Wisconsin, and having; its principal office in the Pity of Wausme, County erf Alrarathon.State of
Wisconsin.lilts made.constituted and appointed.and does by these presents make,constitt.ale and appoint
BONNIE S. CARUTHERS
its true and lawful attorney-in-fact,with full power and authority herehy conferred in its name.place all(]stead.Io execute,
OBLIGATIONS IN TIIFIeN 11x1 I E THEI m.- NOT TO EXCEEDI THE �S� �b��TWu11'1"I'I.ti
Y FIVE HUNDRED THOUSAND DOLLARS ($2,500,000).
z
Uj and to bind the corporation thereby as fully and to the same extent as ifsuch hands were signed by the President,sealed with
cc the corporate seal of the corporation and duly attested by its secretary herehy ratifying;and confirming all that the said
z attorney-in-fact may do in the premises.
This power of alttorney is granted pursuant to the following,resolution adopted by t he Hoard of Uirecl ors of said Company at it
meeting duly called and held nn the lath day of May, 1973,which resolution is still in effect:
"RESOLVED,that the President and ant•Vice President—elective or appointive—of EMPLOYERS INSURANC'F.OF
a 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 1t'AUSAU A
t- Mutual Company hands•undertakings and all contract.,;of suretyship;and that any secretary or assistant secretary be,
O and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
z thereto the seal of EMPLOYERS INSURANCE. OF WAIISAU A Mutual Company:'
U) "FURTHERRESOLVF.I),that thesignaturesofsuc•hofficersandthesealofEMPLOYERS INSURANCE OEWAUSAU
O A Mutual Company may,he affixed to any such prrwer of attorney or to any certificate relating thereto by facsimile,and
0 any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and hinding
H upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
z to any hand, undertaking or contract of suretyship to which it is attached:'
LU IN WITNESS WIIEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these present~to he
W
signed by the senior vice resident and attested h its assistant secretary.and its corporate seal to be hereto affixed this IST
F- 6 P Y its )'• P day
H of JULY 19_x.
W !" EMPLOYERS INSURANCE OF l)SAU A Mutual Company
z40, I g�, R.C. Retterath Senior Vice President
Attest:
z
Ir
0 R.J. B steman Assistant Secretary
Q STATE OF WISCONSIN )
O COUNTY OF MARATHON ►
W On this 7 sT clay of J 11 Y 198,before me personally came
R.C. Retterath
to me known,who being by nae duly sworn,did depose
0 and say that lie isa senior vice president oftheEMPLOYI:RSINSURANC'E Of-WAUSAU A Mutual C'ompany,the corporation described in
U and sthich executed the above instrument:that he knows thr seal of said corporation;that the seal affixed to said instrument is such corporate
seal and that it was so affixed fixed by order of the Board of Directors of said corporation and that lie 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 shove written.
Q
H
O
z
2? Patricia A. Kleman Notary Public
U) NOTARY PUBLIC
STATE OF WISCONSIN
MY COMMISSION EXPIRES JUNE i, 1990
STATF.OF WISCONSIN 1 CERTIFICATE
® CITY OF WAIISAII ►ss.
COCINTY OF MARATI10N t
I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, it Wisconsin
corporation, do hereby cerlif;y that the foregoing ;,nd 1111ltched power of attorney, WIIICII MUS'l' CONTAIN A
VALIDATING STATF NIENT PRINTED IN TIIE MARGIN THEREOF IN RED INK,renutins in full force and lilts
not heen revoked;and furthern,nre that the resolution ofthe Board lit'I Directors set forth in the pmwerol'ultorney isslill in force.
Signed and sealed in the Pity of Wausau,Marathon County,State of Wisconsin,this -.-.----.._��----_.__-----___-- (lily
lip /
�S SEA r R.,1. Ilesteman Assistant Secretary
�... � r
NO'T'E: IF YOU HAVE ANY QUESTIONS REf;ARDING ' IIE VALIDITY OR WORDING OF THIS POWER OF
ATTORNEY,CAI,LTOLL FREE(800)826-1661,UN WISCONSIN,CALI.lrif►0►.172.00.111.
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
08/25/88
------------------------------------------------------------------------------------•----....----------------------------•----
RODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Winter-Dent & Company
101 East McCarty St. COMPANIES AFFORDING COVERAGE
P.O. Box 1046 ----......-•------------------•-•---••-------------------...------------------
Jefferson City, MO 65102 COMPANY
314-634-2122 LETTER A TRAVELERS INDEMNITY COMPANY
COMPANY
.............................................. LETTER B
INSURED ...................................................•--
COMPANY
WHSCH & VAUGHAN CONSTRUCTION LETTER C
-------------------------------------------------------------------------------
1909 SOUTH COUNTY CLUB DRIVE COMPANY
JEFFERSON CITY, NO LETTER D
65101 -------------------------------------------------------------------------------
COMPANY
LETTER E
------------------------------------------------------------------------------------------------------------------------------
COVERAGES
---------------- ---------------------------------------------------------
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.EXPIRAT
LTRI TYPE OF INSURANCE ( POLICY NUMBER IPDATEY(MM/DD/YY) DATEY(MM/DD/YY I ALL LIMITS IN THOUSANDS
---+---------------------------------+------------------+----------------+-----------------+----------------------------------
A GENERAL LIABILITY 66020BG78571ND87 12-31-87 12-31-88 GENERAL AGGREGATE $1,000,
[X3 COMMERCIAL GENERAL LIABILITY PROD COMP/OPS AGGR $1,000,
[X3[ 3 CLAIMS MADE [XI OCCURRENCE PERSONAL & ADV INJURY $ 500,
[ 3 OWNER'S & CONTRACTORS PROTECT EACH OCCURRENCE $ 500,
[ 3 FIRE DAMAGE(ONE FIRE) S 50,
1 3 MEDICAL EXP(1 PERSON) S 5,
-
--------- ---------------- -----------
AUTOMOBILE LIABILITY 660208G7857IND87 12-31-87 12-31-88 CSL
[X3 ANY AUTO $500,
[X3 ALL OWNED AUTOS BODILY INJURY
[XI SCHEDULED AUTOS (PER PERSON) S
[X3 HIRED AUTOS BODILY INJURY
[X3 NON-OWNED AUTOS (PER ACCIDENT) S
[ 3 GARAUE LIABILITY PROPERTY
[ I DAMAGE $
-------------------------------•------------------------+----------------+-----------------+---------------------------------
A I[XlC07HERITHANIUMBRELLA FORM I CUP20(tG787087 I 12'31'87 I 12^31-88 I $A2,000CURRENCE I$ 2,000,GGREGATE
---+---------------------------------+------------------+----------------+-----------------+1----------------------------------
STATUTORY
A WORKERS' COMPENSATION KUB715G965087 12-31-87 12-31-88 $100, (EACH ACCIDENT)
AND $500, (DISEASE POL)
EMPLOYERS' LIABILITY $100, (DISEASE EACH EMP)
---+---------------------------------+------------------+----------------+-----------------+---------------•-------------------
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
JOB: 1988 SANITARY SEWER PROJECT, PHASE I
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
---•----------•.............•-----•-------------------.......----------•---•------------ ------•--••.......
CERTIFICATE HOLDER ( CANCELLATION
-•-•-...•---.......-•--------------------------------------•-+--------------------------------...-••-•--------•--••--•---•--
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
CITY OF JEFFERSON TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
320 EAST MCCARTY TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS
OFFERSON CITY, MO 65101
AGENTS. -
OR REPRESENTATIVES.
------ .. --•-----•-•-•-------------••-----...........-•---•--•
AUT140MED REPRESENTA
I ACORD 25-S (11/85)
ACORD INSURANCE BINDER ISSUE DATE (MM/DD/YY)
08/25/88
.........................................I . ........---••------.....----...................................--••--...._.....
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
....................••--............................................---•--....------......------..............................
PRODUCER COMPANY TRAVELERS INSURANCE COMPANY BINDER NO.
[ ) •-----•----•--------•---•--•---•-----•---------------------------•---..........
Winter-Dent 8 Company EFFECTIVE I EXPIRATION
101 East McCarty St. DATE TIME DATE TIME
P.O. Box 1046 ......................................... .................................•---
Jefferson City, RIO 65102 12:01 [XI AM IXI 12:01 AM
314-634-2122 08/25/88 ............-•I PM_ M P- 08/25/89 ---•-----Noon-----••-
CODE SUB-CODE .......................... ...... ]
I TH19 BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
------------------ COMPANY PER EXPIRING POLICY NO.:
INSURED .....................-----...---......._...............------••----------------
DESCRIPTION OF OPERATION/VEHICLES/PRDPERTY (INCLUDING LOCATION)
CITY OF JEFFERSON
320 EAST MCCARTY OWNERS PROTECTIVE LIABILITY
JEFFERSON CITY, MO 65101
COVERAGES ALL LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE
PROPERTY CAUSES OF LOSS
[ I BASIC [ I BROAD [ I SPECIAL
.............•-------------------+---------------•---......----------------------------t-----•--------- ......------
GENERAL LIABILITY GENERAL AGGREGATE - -• S
[ I COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGG. S
[ I[ ] CLAIMS MADE [ I OCCURRENCE PERSONAL 3 AD. INJURY S
[XI OWNERS 8 CONTRACTORS PROTECT. EACH OCCURRENCE $*
[ ) *100,000./$800,000. FIRE DAMAGE(ANY ONE FIRE) S
[ I RETRO DATE FOR CLAIMS MADE: MEDICAL.EXP(ANY ONE PER.) S
-......-----•----------------r-----------------------------------------------------f-----•-------------------......------
TOMOBILE [ I ALL VEHICLES [ ] SCHEDULED VEHICLES CSL S
I LIABILITY BI PERS/ACC1D S
f I NON/OWNED PD $
t I HIRED MED. PAY $
E I GARAGE PIP $
[ ] UM $
..-•--------------------•--.... .....------......--•---------......-----------------♦..------......-----------------------
AUTO PHYSICAL DAMAGE I[[ I ALL VEHICLES [ I SCHEDULED VEHICLES [ I ACV
[ I COLLISION DED: [ ) STATED AMOUNT S
I I OTC DED: I t I OTHER
-........ -- .......................•----•-------•-------.......-+----------..................---------
•EXCESS LIABILITY EACH AGGREGATE
[ I UMBRELLA FORM OCCURRENCE I ISELF-INSURED
RETENTION
[ I OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE:
STATUTORY
WORKERS' COMPENSATION $ (EACH ACCIDENT)
AND S (DISEASE POLICY LIMIT)
EMPLOYERS' LIABILITY $ (DISEASE EACH EMPL.)
SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES
JOB: 1988 SANITARY SEWER PROJECT, PHASE 1
WISCH AND VAUGHAN CONSTRUCTION COMPANY, 1909 SOUTH COUNTRY CLUB DRIVE, JEFFERSON CITY, MO 65101
IS RESPONSIBLE FOR PREMIUM AND AUDIT.
-------------------------------------------•-----•----•......_...._..----...._....................---•------•-----_...........
NAME 8 ADDRESS
........................••-•---------•----------•---...----•---•---......--••---••--•---..........................--------•-•-
[ I MORTGAGEE [ I ADDITIONAL INSURED
I ] LOSS PAYEE [ I
...............................................................
LOAN N
...............................................................
AUTHORIZE REPRESENTAW
...ORD 75-5 (11/85).................................................................... f`:...... ......................