HomeMy Public PortalAboutORD09958 BILL NO.
® SPONSORED BY COUNCILMAN � /
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH KAUFFMAN
EXCAVATING FOR THE RELOCATION OF SANITARY SEWER FACILITIES FOR
THE CONSTRUCTION OF ROUTE 50, COLE COUNTY JOB NO. 5-U-50-50.
BE IT ORDAINED BY THE CITY 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 Kauffman Excavating for the
relocation of sanitary sewer facilities for the construction of Route
50, Cole County Job No. 5-U-50-50 for the sum of $33,291.07.
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 - lq - S3 Approved
r iding Offic - [Wbt
ATTEST:
City Clerk
(I),INIVAC.'1' FOR PUBLIC ICCAUI
This Contract is nnde mid entered into this _�L day of }� ,
Am 19 by and between the City of Jefferson, Missouri, (City) ,.ty) , d
Kauffman Excavating
(Contractor).
WHEREAS, the City Council of the City of Jefferson, Missouri did on the
day of _ ' „ ;,��i 19 ��, award to the Contractor
the contract of the improvement of Relocation of Sanitary Saver Facilities for
the Construction of Route 50, Cole County Job No. 5-U-50-50.
NOW, RE, for and in consideration of the awarding of this contract
and the work thereunder by City to the Contractor, the Contractor does hereby
contract and agree to do and perform said work, above specified and referred to,
for the following prices and to accept in payment therefore:
1. Monies from the treasury of the City, upon acceptance of said work by
the City Council of the City.
The approximate quantities, unit prices, and total amounts are as shown in
the itemized proposal attached hereto as Exhibit "A". Upon completion of the
work, readjustments in the contract price shall be made according to actual
measurements and at the price per unit specified in the contract.
It is agreed and understood by the parties hereto, that this contract is
entered into subject to all existing ordinances of the City pertaining to the
work awarded and subject to the plans and specifications and estimates of the
costs for work on file in the office of the City Clerk, and which shall be
considered a part of this contract; that all questions arising as to the proper
performance of this contract of such work in accordance with the plans and
specifications therefore, and estimates thereof, shall be decided by the
Director of Public Works of the City of Jefferson, Missouri, or by such com-
petent person appointed by the Mayor and the City Council of the City of Jefferson
to supervise and superintend said work in the place of and instead of such
Director of Public Works; that in the case of improper construction, the City
reserves the right at any time to suspend, relet or order all entire reconstruc-
tion of the work; that Contractor agrees to cormlence work oil or before a date to
be specified in a Written "Notice to Proceed" and to fully coinplete the project
within thirty (30) working days thereafter. The City reserves
the right at any time to suspend, re-let or order an entire reconstruction of the
work awarded and to declare the contract forfeited, but such suspention, re-
letting or reconstruction or forfeiture shall not affect the right of the City
to recover all damages and penalties accruing or due it by reason of the
Contractor's non-compliance with this contract. Liquidated damages of $100.00
per day will be assessed against the Contractor for each day the work remains
incomplete following the completion date or extension thereof.
The Contractor agrees to pay all classes and crafts of labor used in the
performance of this contract the prevailing hourly rate of wages as determined
by the Department of Labor and Industrial Relations and Contractor acknowledges
that he knows the prevailing hour rate of wages for all the classes and crafts
of labor to be used in the performance of this contract because he has obtained
the prevailing hourly rate of wages from the contents of Special Wage Determina-
tion No. 3-026-062 , in which the rate of wages are set forth.
The Contractor further agrees that he will keep an accurate record showing
the names and occupation of all workmen employed by them in connection with the
work to be performed under the terms of this contract, record shall show the
actual wages paid to said workmen in connection with the work to be performed
under the terms of this contract. Contractor further agrees that the aforemen-
tioned accurate record shall be available and open at all reasonable hours
for the inspection by the Director of Public Works or any other suthorized
employee of the City. In compliance with the Prevailing Wage Law, as amended
in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969,
effective October 13, 1969, not less that the prevailing hourly rate of wages
in the Jefferson City area shall be paid to all worlunen performing work under
this contract, Section 290.250. The Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day, or portion
thereof, such workman is paid less that the stipulated rates for any work done
under said contract, by him or any subcontractor under him, Section 290.250.
Contractor agrees to completely indemnify and hold harmless the City for
any and all damages, injuries, actions, costs, attorney's fees and all other
expenses whatsoever, arising our of the performance of said work whether the
property or persons damaged are the servants and employees of the Contractor
or third parties, in no mminer connected with said work. All interlineations,
corrections, deletions and changes herein have been prior to the execution of
this contract.
Contractor shall procure: and nktintain during the life of this contract:
® a. Workinan Is Conj)ensat ion Insurance for all of its et4)loyees to be
engaged in work under this contract.
b. Contractor's Public Liability Insurance in the amount not less
than $300,000 for all claims arising our of a single occurence
and $100,000 for any one person in a single accident or occur-
rence, except for those claims governed by the provisions of the
Missouri Workmgn's Compensation Law, Chapter 287, RSMo. , and
Contractor's Property Damage Insurance in an amount not less
than $300,000 for all claims arising out a single occurrence
and $100,000 for any one person in a single accident or
occurrence.
c. Automobile Liability Insurance in an amount not less than
300,000 for all claims arising out of a single 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 :x,300,000
for all claims arising our of a single occurrence and $100,000
for any one person in a single accident or occurrence. No policy
will be accepted which excludes liability for damage to under-
ground structures or by reason of blasting, explosion or
Agh collapse
e. The Certifications of Insurance furhished to the City showing
proof of compliance with these insurance requirements shall
contain a provision that coverage under such policies shall not
be cancelled or materially changes until at least (15) fifteen
days prior written notice has been given to the City.
IN WHITNESS WHERBOF, the parties have hereunto set their hands
and seals this day of C ti' 19-V 925
CITY OF N, M SSOURI
By
Y
City Clerk
By Q�,
AT1TST:
I'lH,XXI ANCE AM) Oidl 11= GUAIIANITX BOND
KNOW ALL MEN BE TIIESE PRESENTS, that we, the undersigned
lCm i f fma n ncen vat i ng
hereinafter referred to as
"Contractor" and The City of Jefferson
a Corporation organized under the laws of the State of Missouri
and authorized to transact business in the State of Missouri
as Surety, are held and firmly bound unto the City of Jefferson
hereinafter referred to as "Owner"
in the penal sum of Thirty--three thousand two-hundred ninety-one and 07/100
DOLLARS ($ 33.291.07 ), lawful money of
the United States of America: for the payment of which sum, well and truly to be
made, we bind ourselves and our heirs, executors, administrators, successors,
and assigns, jointly and severally by these presents.
THE CONDITION OF THE, FOREGOING OBLIGATION IS SUCH THAT:
1ti11EREAS the above bounden Contractor has on the day of r ,
19 entered into a written contract with the aforesaid Owner fo furnish-
ing all materials, equipment, tools, superintendence, labor, and other facili-
ties and accessories, for the construction of certain improvements as designated,
defined and described in the said Contract and the Conditions thereof, and in
accordance with the specifications and plans therefore; a copy of said Contract
being attached hereto and made a part hereof:
NOW TH911O RE, if the said Contractor shall and will, in all particulars, well,
duly and faithfully observe, perform and abide by each and every covenant,
condition, and part of the said Contract, and the Conditions, Specifications,
Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by
reference, made a part thereof, according to the true intent and meaning in each
case, and if said contractor shall replace all defective parts, material and
workmanship for a period of one year after acceptance by the Owner, then this
Obligation shall be and become null and void; otherwise it shall remain in full
force and effect.
PROVIDED FUI IIEEl, that if the said Contractor fails to duly pay for any labor,
materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel
oils, greases, coal repairs, equipment acid tools consimiod or used in said %fork,
groceries and foodstuffs, and all insuraiice praiiituns, compensation liability,
and otherwise, or any other supplies or materials used or consumed by such
Contractor or his, their, or its subcontractors in performance of the work
contracted to be done, the Surety will pay the same in any amount not exceeding
the amount of this Obligation, together with interest as provided by law:
CUMF ICK11, OF INSU1UME
Issue? at the request of The CITY OF JUTUMN, MI MURI
® Owner
Address: CITY BALL, JM - MN CITY, MISSOURI
THIS IS TO =IFY that the insured named below is at this date insured
with
as described in the .following schedule, and in full compliance with the
Contract Documents, including all contractual liability coverage.
DESCRII'T W SCHIMULF
Name of Insured: KAUFFMAN DXCAVATIM
Address of Insured: 5401 Old Lohman Road
Locations Covered: 5-U-50-50
Description of Work: der Line
PROVIDED FURT11ER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration,
or addition to the terms of the contract, or the work to be performed
thereunder, or the specifications accompanying the same, shall in any
wise affect its obligation on this bond and it does hereby waive notice
of any change, extension of tune, alteration, or addition to the terms
of the contract, or to the work, or to the specifications:
PROVIDED FURTHER, that if the said Contractor fails to pay the prevail-
ing hourly rate of wages, as shown in the attached schedule, to any
workman engaged in the construction of the improvements as designated,
defined and described in the said contract, specifications and condi-
tions thereof, the Surety will pay the deficiency and any penalty
provided for by law which the contractor incurs by reason of (his/its)
act or omission, in any amount not exceeding the amount of this obliga-
tion together with interest as provided by law:
IMWTIMONY N9fIF.,RMF, the said Contractor has hereunto set his hand, and
the said Surety has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed, by it attorney-in-fact
duly authorized thereunto so to do, at Jefferson city, m 65101
on this the 20 day of April ,
19 83
_American States Insurance Coirpany KM KAUFFMAN
SURETY COMPANY OONIRACTOR
By (SEAL) By (SEAL)
BWy (Ste) BY (SEAL)
orne - act (State Representative)
(Accompany this bond with Attorney-in-fact's authority from the Surety
Company certified to include the date of the bond. )
EMIIBIT "A"
li.l•,I.WNHON 01' SANITARY 51-141-11 FACILITIES
Iim mE wNS'T11UCI'ION OF ItOUTT 50, DOLL COUNTY
j013 NO. 5-U-50-50
ITElt CLASSIFICA'T'ION Realignment of UNIT APPROX. UNIT AMOUNT
NO' Sanitary Sewer (lh%y. 50 Project)"A' 0PANT. PRICE
1,0 A 8" Sanitary Sewer Pipe (in place) L.F. 635.18 3.75 2381.93
1.1 A 8" Ductile Iron Pipe (in place) L.F. 629.15 10.50 6606.08
2.0 A Ditching & Backfilling (0-61 ) L.F. 548.87 2.50 1372.18
2.1 A " (6-81 ) L.F. 75.91 4.00 303.64
2.2 A It (8-101 ) L.F. 264.46 4.00 1057.84
2.3 A " (10-121 ) L.F. 169.09 4.25 718.63
^ 4 A " (12-141 ) L.F. 27.00 5.00' 135.00
2.5 A " (14-161 ) L.F. 50.00 7.00 350.00
2.6 A " (16-301 ) L.F. 129.00 20.00 2580.00
3.0 A Standard M.H. (0-61 ) Each 10.00 700.00 7000.00
3.1 A Additional depth A1.11. (over 61 ) V.F. 17.64 50.00 882.00
3.2 A Standard O.S. Drop (0-2' ) Each 1 150.00 150.00
3.3 A Additional depth O.S. Drop (over 2' V.F. 3.53 10,00 35.30
4.0 A Concrete Fncasenent L.F. 40.00 10.00 400.00
5.0 A Concrete Anchors Each 2 10.00 20.00
A Connection to Pxisting 61.I1. Each 4 125.00 500.00
IT31 CLASSII'ICATION UNIT A111"BOX. KNIT AMOUNT
NO. QM r. 1'11ICI'.
7.0 A Street Restoration L.S. 1500.00 1500.00
Adh Uuidon II. Gurnee (Line A)
(1 . 50 Project) "B"
1.0 B 8" Sanitary Sewer Pipe (in place) L.F. 125.00 3.75 468.75.
� .1 B 8" Ductile Iron Pipe (in place) L.F. 99.00 10.50 1039.50
2.0 B Ditching & Backfilling (0-61 ) L.F. 167.00 r,50 417.50
2.1 B " " (6-81 ) L.F. 30.00 3.75 112.50
2.2 B " (8-101 ) L.F. 4.00 4.00 16,00•
2.3 B " " (10-12' ) L.F. 3.00 4.25 12.75
2.4 B " (12-141 ) L.F. 20.00 5.00 100.00
3.0 B Standard M.H. (0-61 ) Each 2 700.00 1400.00
3.1 B Additional depth A1.I1. (over 61 ) V.F. 4.90 50.00 245.00
3.2 B Standard Lamphole Each 1 150.00 150.00
. •3.3 B Standard O.S. Drop (0-2' ) Each 1 150.00 150.00
3.4 B Additional depth O.S. Drop (over 21 V.F. 4.00 10.00 40.00
4.0 B Chat Backfilling (street crossing) Tons 13.20 7.00 92.40
5.0 B Concrete Anchors Each 3 10.00 30.00
6.0 B Connection to Existing; M-11. Each 1 125.00 125.00
7.0 B Street Restoration L.S. 250.00 250.00
1 � CLASSIFICNrION Intension of S.D. UNIT A1,11RUY, , UNIT ANIOUNP
NO. #116B & Lateral Connection "C" QUANP. PRICE
1.0 C 8" Sanitary Saver Pipe (in place) L.F. 85 3.75 318.75
C Ditching & Backf illi.ng (0-6' ) L.F. 85 2,50 212.50
mW
2.1 C Connect to Existing M.11. Each 1 125.00 125.00
2.2 C Standard Outside Drop (0-21 ) Each 1 150.00 150.00
2.3 C Additional Depth O.S. Drop (over 2 V.F. 4.0 10,00 40.00
3.0 C Standard lamphole Each 1 150.00 150.00
4.0 C Connection to house Lateral LS 250.00 250.00
Extension of Line B "D"
1.0 D 8" Sanitary Sewer Pipe (in place) L.F. 88.45 3.75 331.69
2.0 D Ditching & Backfilling (0-66 L.F. 88.45 2.50 221.13
. 3.0 D Standard Lamphole Each 1 150.00 150.00 '
Seeding & Mulching L.F. 1400.00 .50 700.00
TOTAL $33,291.07
' GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the
laws of the State of Indiana,and having its principal office in the City of Indianapolis,Indiana,hath made,constituted and appointed,and does by
these presents make,constitute and appoint
------------JAMES C. BORGHEYER, CHARLENE M. EICHHOLZ, & ROCKY SONIUS----------------
(jointly or Severally) U
M
of Jefferson City and State of Miaaouri C0
Its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and t
IN
deliver any and all bonds, recognizances,contracts of indemnity and other conditional or obligatory undertakings, provided, IV
C�J
however, that the penal sum of any one such instrument executed hereunder shall
not exceed THREE HUNDRED THOUSAND AND N0 1100 ($300,000°00) DOLIARS-----------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the common seal of
the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.This
Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States
Insurance Company,which reads as follows:
"The Chairman of the Board, the President or any Vice-President shall have power, by and with the concurrence with the
Secretary or any Assistant Secretary of the Corporation,to appoint Resident Vice-Presidents,Resident Assistant Secretaries
and Attorneys-In-Fact as the business of the Corporation may require or to authorize any one of such persons to execute,on
behalf of the Corporation,any bonds,recognizances,stipulations and undertakings,whether by way of surety or otherwise"
IN WITNESS WHEREOF,American States Insurance Company has caused these presents to be signed by its Vice-President,attested by its
Assistant Secretary and its corporate seal to be hereto affixed this 6th day of— AuSuat
A. D. 1982 AMERI N T 7S INSURANCE A
(SEAL)
ATTEST: B Assistant Vice-president
STATE OF INDIANA
Assistant Secretary
:
COUNTY OF MARION} SS
On this 6th day of Ausus t A. D., 19 82 before me personally came
Alanson T. Abel ,to me known,who
being by me duly sworn,acknowledged the execution of the above instrument and did depose and say;that he is a Vice-President of American
States Insurance Company;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was
so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said
A Janson T. Abel further said that he is acquainted with Thomas M. Ober and knows him to be the
Assistant Secretary o�ld,�pfpgrat s`On J that he executed the above instrument.
February 14, 1984 _
STATE OF INDIANA My commission Expires to
COUNTY OF MARION} SS:
I. Thus M. Ober the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,do hereby certify that
the above and foregoing is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which
Is still In full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of Section 6.03 of the By-Laws of AMERICAN STATES
INSURANCE COMPANY which reads as follows:
"All policies and other Instruments of insurance Issued by the Corporation shall be signed on behalf of the Corporation by the
president or a vice-president and the secretary or an assistant secretary, whose signatures, if the Instrument is duly
countersigned by an authorized representative of the Corporation,may be facsimiles.Such signatures and facsimiles thereof
shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such
officer at the time such policy or other Instrument of insurance shall have been actually Issued by the Corporation."
In witness whereof,I have hereunto set my hand and affixed the seal of said Corporation,this day of
A. D., 19 J
(SEAL) / •� ���f• C��ay
Form 0.5459(B•BO)
Assistant 69ccrwry ��+-C•�_
GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the
laws of the State of Indiana,and having its principal office in the City of Indianapolis,Indiana,hath made,constituted and appointed,and does by
these presents make,constitute and appoint
------------JAMES C. EORGMEYER, CHARLENE M. EICHHOLZ, & ROCKY SONIUS----------------
(jointly or Severally) sJ
00
0f .ieffersnn City and State of Missnuri co
its true and lawful Attomey(s)•in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and I
N
deliver any and all bonds,recognizances,contracts of indemnity and other conditional or obligatory undertakings, provided, I\)
IV
however, that the penal sum of any one such instrument executed hereunder shall
not exceed THREE HUNDRED THOUSAND AND N0 1100 ($300,000.00) DOLLARS-----------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the common seal of
the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises.This
Power of Attorney is executed and may be revol(ed pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States
Insurance Company,which reads as follows:
"The Chairman of the Board, the President or any Vice-President shall have power, by and with the concurrence with the
Secretary or any Assistant Secretary of the Corporation,to appoint Resident Vice-Presidents,Resident Assistant Secretaries
and Attorneys-in-Fact as the business of the Corporation may require or to authorize any one of such persons to execute,on
behalf of the Corporation,any bonds,recognizances,stipulations and undertakings,whether by way of surety or otherwise"
IN WITNESS WHEREOF,American States Insurance Company has caused these presents to be signed by its Vice-President,attested by its
Assistant Secretary and its corporate seal to be hereto affixed this 6th day of August
A.D. 19 82 ;NT 7S INSURANCE %
(SEAL)
B
ATTEST- Assistant Vice-president `
STATE OF INDIANA Assistant Secretary
COUNTY OF MARION} SS:
On this 6th day of August A. D., 198? before me personally came
Alanson T. Abel ,to me known,who
being by me duly swom,acknowledged the execution of the above instrument and did depose and say;that he is a Vice-President of American
States Insurance Company;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was
so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said
Alanson T. Abel further said that he is acquainted with Thomas M. Ober and knows him to be the
Assistant Secretary of d tIpm and that he executed the above instrument.
� r SSION EXPIRES.
February 14, 1984 Q,f_�C
STATE OF INDIANA Mr Commission Expires tarty bi c
COUNTY OF MARION} SS:
I, Thomas M. Ober the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,do hereby certify that
the above and foregoing is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which
Is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES
INSURANCE COMPANY which reads as follows:
"All policies and other Instruments of Insurance Issued by the Corporation shall be signed on behalf of the Corporation by the
president or a vice-president and the secretary or an assistant secretary, whose signatures, if the instrument is duly
countersigned by an authorized representative of the Corporation,may be facsimiles.Such signatures and facsimiles thereof
shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such
officer at the time such policy or other Instrument of insurance shall have been actually issued by the Corporation,"
In witness whereof,I have hereunto set my hand and affixed the seal of said Corporation,this day of
A.D., 19
(SEAL)
F B•S1
Orm S9(8.80) Assistant Secretary
AMERICAN STATES INSURANCE COMPANY
INDIANAPOLIS, INDIANA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That.....KAUFFMAN..EXCAVAT3M, Jefferson City, Missouri
as Principal, hereinafter called Principal, and AmRICAN STATES INSURANCL COMPANY, a corporation of the state
of Indiana,with its home office in the City of Indianapolis, Indiana, U.S.A.,as Surety, hereinafter called Surety, are
held and firmly bound unto.'.AYQ?r..Qf..the..W;y.qf...Jeffe.9.0n.....................................................................
......................................................................................................................................................................................................
as Obligee, hereinafter called Obligee, in the amount of.Tji=.. • ..TKU.1S1A ..TW0..W.W.RM..N1=-
ONEt71\TE
-AND-07/100.. .... ... ......................................... Dollars ($.33,. 91...U.7..........),
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...Maxch 18, 1983..............................entered into
a contract with Obligee for...�te arld sewer lines
.............................................................. -----....-------•--...... --................................---------------•-----...-----•--•---•----...........-----.......
......................................................................................................................................................................................................
which contract is by reference made a part hereof, and is hereinafter referred to as the contract.
NOW, THEREFORE, THE. CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall
promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
Whenever Principal shall be, and be declared by Obligee to be in default under the contract, the Obligee
having performed Obligee's obligations thereunder:
(1) Surety may promptly remedy the default subject to the provisions of paragraph 3 herein, or;
(2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the
performance of Principal's obligation under the contract subject to the provisions of paragraph 3 herein;
(3) The balance of the contract price, as defined below, shall be credited against the reasonable cost of
completing performance of the contract. If completed by the Obligee, and the reasonable cost exceeds
the balance of the contract price, the Surety shall pay to the Obligee such excess,but in no event shall the
aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or
remedies the default, that portion of the balance of the contract price as may be required to complete the
contract or remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at
the times and in the manner as said sums would have been payable to Principal had there been no default
under the contract.The term"balance of the contract price," as used in this paragraph, shall mean the
total amount payable by Obligee to Principal under the contract and any amendments thereto, less the
amounts heretofore properly paid by Obligee under the contract.
Any suit under this bond must be instituted before the expiration of two years from date on which final
payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
Signed and sealed this......4th................... ...........day of.......Mar'ch.........................................19 83...
.KAUFFMAN..EXCAVAT.1M...................................(SsAL)
....... ............... ....
Principal
AMERICAN STATES INSURANCE COMPANY
,Surety
`By... --�.�r .c ............
Rocky-.Saniu �ney-in-Fart
Form 9-1055
6.67
GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS,that American States Insurance Company,a Corporation duly organized and existing under the
laws of the State of Indiana,and having its principal office in the City of Indianapolis,Indiana,hath made,constituted and appointed,and does by
these presents make,constitute and appoint
------------JAMES C. BORGHMR, CHARLENE M. EICHHOLZ. & ROCKY SONIUS----------------
(jointly or Severally) CD
co
Of -Teffergon Cit® and State of M4 ftRotnj CO,
its true and lawful Attorney(s)-tn-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and i
1�
deliver any and all bonds,racognizances,contracts of indemnity and other conditional or obligatory undertakings, provided, IV
CD
however. that the penal suss of any one such instrument executed hereunder shall
not exceed THREE HUNDRED THOUSAND AND N01100 ($300,000.00) DOLLARS-----------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the common seal of
the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.This
Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States
Insurance Company,which reads as follows:
"The Chairman of the Board, the President or any Vice-President shall have power, by and with the concurrence with the
Secretary or any Assistant Secretary of the Corporation,to appoint Resident Vice-Presidents,Resident Assistant Secretaries
and Attomeys-in-Fact as the business of the Corporation may require or to authorize any one of such persons to execute,on
behalf of the Corporation,any bonds,recognizances,stipulations and undertakings,whether by way of surety or otherwise"
IN WITNESS WHEREOF,American States Insurance Company has caused these presents to be signed by Its Vice-President,attested by its
Assistant Secretary and its corporate seal to be hereto affixed this kith day of Augus t
r
® A.D. 19�_. AMERI N T S INSURANCE %
(SEAL) B / /
ATTEST: Assistant vice-president
Assistant Secretary
STATE OF INDIANA SS:
COUNTY OF MARION
On this 6th day of August A. D., tg82 before me personally came
Alaneon.,,T. Abel ,to me known, who
being by me duly sworn,acknowledged the execution of the above instrument and did depose and say;that he is a Vice-President of American
States Insurance Company;that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate seal;that it was
so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said
A lancen T. Abel further said that he is acquainted with Thomas M. Ober and knows him to be the
Assistant Secretary o d (pq rp,tion• and that he executed the above instrument.
iYIIVIfSSION EXPIRES
February 14, 1984
STATE OF INDIANA
My Corttmisition Expires DI tar blic
:
COUNTY OF MARION SS
i, Thorne M. Ober the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,do hereby certify that
the above and foregoing is a true and correct copy of a Power of Attorney,executed by said AMERICAN STATES INSURANCE COMPANY,which
is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES
INSURANCE COMPANY which reads as follows:
"All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the
president or a vice-president and the secretary or an assistant secretary, whose signatures, if the instrument is duly
countersigned by an authorized representative of the Corporation,may be facsimiles.Such signatures and facsimiles thereof
shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such
officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation."
In witness whereof,I have hereunto set my hand and affixed the seal of said Corporation,this day of
A.D., 19 ,
(SEAL) J
Form 9-1.459(9.80) Assistant Secretary