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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`:...... ......................