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HomeMy Public PortalAboutORD12618 q i { .�, BILL NO. 97-22 ' SPONSORED BY COUNCILMAN Haake ORDINANCE NO. 2 I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FREESEN, INC., FOR P CONSTRUCTION OF A SEWER CASING PIPE ACROSS ALGOA SPUR AT RISING CREEK. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute ". an agreement with Freesen, Inc.,for construction of a sewer casing pipe across Algoa Spur 1 at Rising Creek. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 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SPECIFICATIONS AND CONTRACT DOCUMENTS I PROJECT NO.31038 Algoa Spur Sewer Crossing t 1 I i r t t I t I r r t t ' f j Jefferson City Department of Public Works May 1997 t 5 t t ' .�`.�. c•�was�^a�+rsiV.�^ 5/21/al t , tR t s'i x .,.� t ., .^`^.ristnamzwaw.d„w..wur�n.........,-.�.........,..-_........,._. .._............._._._.. .. {1 ,. cc .. . . �wvrx>.>.+.waw...aaw,•r.....—t-' E d Y a rya r't: MEN— t .N YABLE_O_-M-NMNIS r Advertisement for Bids • Notice to Bidders }+ c • Information for Bidders } Bid Form* }N { Bid Bond • Anti-Collusion Statement • Contractor's Affidavit • Minority Business Enterprise Statement Statement of Minority Business Utilization Commitment • Certificate of Owner's Attorney Affidavit of Compliance with Prevailing Wage Law .�J Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification to J Construction Contract ""i • Performance, Payment, and Guarantee Bond • General Provisions J ` • Special Provisions l � • Attachments t , Addendums( If Any) ` 1 INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) s/sz/ai f F 1 f k 3 { if Lr ti J u.,�,,,�h Yc ,i 3 I LI F,j -..iw•++,.+' t ail rr of J City of Jefferson ?�' i i so Duane Schreimann � Mayor i s � r:d ADVERTISEMEN-T_EORBIDS i The proposed work for the project entitled "Project No. 31038, Algoa Spur Sewer j Crossing"will include the furrishing of all material, labor,and equipment to facilitate the future construction of a sanitary sewer in the Algoa Industrial park area, the contractor is to install a sanitary sewer casin g pipe at Algoa S p ur in conjunction with road improvement for the Missouri Department of Highway and Transportation,Job No. f J5P0667B. The location will be just north of the proposed stormwater crossing near station 0+339. The sanitary crossing will follow the same skew as the adjacent ; stormwater pipe and would be positioned at the elevation and slope shown on the sewer profile found in the "Special Provision" section of the contract. The casing should be 22 inches in diameter, smooth wall welded steel pipe, at a length of 168.2 feet. The contract will require compliance with the wage and labor requirements and the _ payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. .� The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON James Hartley Purchasing Agent vi- J { t t / i f '' .. "'�S4'L:w1473rt:Y'..,lnvnr[u»IMMK•e.-.+.,....» t Y 4 1 NOTICE-TO-BIDDERS i The proposed work for the project entitled "Project No. 31038, Algoa Spur Sewer Crossing"will Include the furnishing of all material, labor, and equipment to facilitate the future construction of a sanitary sewer in the Algoa Industrial park area, the contractor is to Install a sanitary sewer casing pipe at Algoa Spur in conjunction with road improvement for the Missouri Department of Highway and Transportation,Job No. J5P0667B. The location will be just north of the proposed stormwater crossing near 1 station 0+339. The sanitary crossing will follow the same skew as the adjacent stormwater pipe and would be positioned at the elevation and slope shown on the r sewer profile found in the "Special Provision" section of the contract. The casing should be 22 inches in diameter, smooth wall welded steel pipe, at a length of 168.2 feet.. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Public Works, Jefferson City, Missouri. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five(5)percent of the total amount of the bid must accompany each proposal. { ^� A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. j CITY OF JEFFERSON, MISSOURI Martin A. Brose, PE Director of Public Works 'I E 5/27/a7 J 4 , t b C % ' I INFORMATION FOR BIDDERS f' IB-1 SOOP-ES2EW_QRK The work to be done under this contract includes the furnishing of all technical personnel, labor, j materials,and equipment required to perform the work included in the project entitled"Project No.31038,Algoa Spur Sewer Crossing"in accordance with the plans and specifications on file with the Department of Public Works, I The proposed work for this project will Include the furnishing of all material,labor,and equipment to facilitate the future construction of a sanitary sewer In the Aigoa Industrial i park area, the contractor Is to install a sanitary sewer casing pipe at A/goa Spur in conjunction with road Improvement for the Missouri Department of Highway and Transportation, Job No. J5P0667B. The location will be just north of the proposed stormwater crossing near station 0+339. The sanitary crossing will follow the same skew as the adjacent stormwater pipe and would be positioned at the elevation and slope shown on the sewer profile found in the "Special Provision" section of the contract The casing should be 22 inches in diameter,smooth wall welded steel pipe, at a length of 168.2 feet I _1 IB-2 INSPEC-TION.OF-PLANS}SPECJEICATIONS.A_ND SITE_OF-IVORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications, supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. B-3 INTE EN'CS ' I If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof,which affect the cost,quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening,that an interpretation be made and an addendum be issued by the City,which shall then be delivered to all bidders to whom Plans and Specifications have been Issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specitications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. _ 1 I13-4 QUALIE]CATIONS_OEBIDQERS The City of Jefferson may make such investigations as deemed necessary to determine the 9 ability of the bidder to perform the work and the bidder shall furnish to the City all such Information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. I13-5 EQUIVALENT-MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design,subject to the approval - I of the City, IB-6 BID-SEC.URITY i Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent(5%)of the amount of the bid. Bid securities will be returned after i 7 award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within _ seven(7)days after he has received notice of acceptance of his bid,he shall forfeit to the City as liquidated damages for such failure or refusal,the security deposited with his bid. I13-7 PREPARATIOINLOF BIDB Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered,all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid,or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. 1 B.8 PRICES The price submitted for each item of the work shall Include all costs of whatever nature involved f in its construction,complete in place,as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and -1 materials for the project. This provision shall apply to only those purchases totaling over$500 J from an individual supplier, c,�w��ocat��lccrys� .� 5/21/97 7 1 t .. 1 i ' f All sales taxes on those Items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monles obtained in satisfaction of the Contract. It being understood by the bidder,that the bid prices submitted for those Items shall include the cost of such taxes. I13-9 APPROXIMATE-QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used In establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best Information available,are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. IB-10 LUMPS-UbtlTEMS I Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor,materials,tools and equipment to construct the item as described herein and to the limits shown on the Plans. 11 IB-11 SIlBMIS_SLO1tt_OEBIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and l marked"Project No.31038,Algoa Spur Sewer Crossing". IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested,the alternate bid which will be in the best interest of the City will be used. IB-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety(90)days after the scheduled closing time for the receipt of bids. No bids received after the time set for opening for bids will be considered. I IB-14 RIGHT TOR JFrT BIDS I The City reserve the right to reject any or all bids,to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best Interests of the City of j Jefferson. f .. _.. ._..._ •..... .....,.-.,.,. ....�._.. � X17� .. IB-15 AWARD-OF—CO IVIRACI ~ If,within seven(7)days after he has received notice of acceptance of his bid, the successful � bidder or bidders shall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and ' Insurance, properly signed by the Contractor and the Surety and Sureties satisfartory to the City of Jefferson as hereinafter provided,the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. IB-16 PEREORMANCE.AND P_AYNIENLBOND A Performance and Payment Bond in an amount equivalent to one hundred percent(100%) + �} of the Contract price,must be furnished and executed by the successful bidder or bidders. A I form for the bidders use Is contained in these Contract Documents. i The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. IB-17 INDEMNIFJCAII.ONAND INSURANCE j The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their 7 respective agents,servants or employees. i The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. T IB-18 BID SECLRITY REIURNEDJQSUCCE;iSFUL BIDDER Upon the execution of the Contract and approval of Bond,the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time,in which case the amount of the deposit will be refunded by the City. IB-19 NON DISCRIMINATION1N_EMpLQYMEbLT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGF r AW n The principal contractor and all subcontractors shall pay not less than the prevailing wage .,J hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 ikq through 290.340 inclusive of the Revised Statutes of Missouri, 1959 and as last amended in 1993. (See Determination included herewith.) po�'msouJ s/z1/v� (Q `•''r IB-21 GuARAhLIEE f The Contractor shall guarantee that the equipment,materials and workmanship furnished under i t t this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be l guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, In the judgment of the City become necessary during such period. 7 The cost of all materials,parts, labor,transportation, supervision, special tools, and supplies � tt required for replacement of parts,repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. f The Contractor also extends the terms of this guarantee to cover repaired parts and all If replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. I j If within ten days after the City gives the Contractor notice of defect,failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City -� adjustments itself or order the wok to be done by a third party,the costs of the work to berpa d _ by the Contractor. In the event of an emergency where,in the judgment of the City delays would loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. I8-22 NOMCE TO---PROGEEQ i A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten(10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 ---Ksr-H DIALS To insure that the work will proceed continuously through the succeeding operations to its -j completion with the least possible interference to traffic and inconvenience to the public, the J Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations of wok are to be performed. IB-24 CONTRACT TIME J The contract time shall be 180 working days. j r y. >t s IB-25 t.1.QWDATEQ_DAMAGES Liquidated damages shall be assessed at the rate of$0 per calendar day until the work Is i # complete,should the project not be completed within the contract time. IB-26 P_OWERAOF ATTORNEY Attorneys-In-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. ! IB-27 BID-PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. be submitted in a sealed envelope bearing on the outside the name of the ' Each bid must p 9 bidder,the bidder's address,and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: Purchasing Agent -1 City of Jefferson,MO _J 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the project manual. This packet contains the necessary forms to be submitted with the bid '1 proposal. The contents of this packet include the following: � J 1) BID FORM 2) BID BOND r, 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION COMMITMENT ,J 6) CERTIFICATE OF OWNER'S ATTORNEY END OF INFORMATION FOR BIDDERS ' ,',.:�r e:�wa�aca�aeBiccsw.�d ye 5/27/97 j '••ww'L',G't�".:Ski.::.7i::t„uF:kl:r'C»,Ltar7.t"L"3[:L:'d.�u.un.rw..........-:. —......»_._... k .,..._....•.....__..... ...._....... ...., _ -, _ , , i s • .. ice.+ r � i s� ._ � .... _ �__ .. ,ems ,..,....,,.,...-.P._.-_. -----,•--. �_--- _----_..-..__.,_,.. .�._._._-_ _� � _ _ -- I i B11�EQi3M Name of Bidder j Address of Bidder To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 j THE UNDERSIGNED BIDDER, having examined the plans,specifications, regulations j of the Contract, Special Conditions, other proposed contract documents and all j i addenda thereto;and being acquainted with and fully understanding(a)the extend and character of the work covered by this Bid; (b)the location, arrangement,and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads,pavements,surfacing, wallas, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work;(d)the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary ^� handling and rehandling of excavated materials;(f)the location and extent of necessary ,..ai or probable dewatering requirements;(g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling,and rail delivery facilities;and(1)all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies,equipment,tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work •,� shown on the drawings and described in the specifications, and that increases or J decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply t to such increased or decreased quantities as follows: e:�wd�aca�ssyeery.� s/s,/ar __f l t t CITY OF JEFFERSON PAGE 1 ITEMIZED BID FORM I ALGOA SPUR SEWER CROSSING PROJECT NUMBER 31038 ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1i 1,00 22"SMOOTH WALL STEEL CASING,0.250"WALL(IN PLACE) LF 168.2 $90.10 $15,154.82 TOTAL BID $15,154.82 i 2.00 POSSIBLE LIQUIDATED DAMAGES BY MoDOT DAY 1 $1500.00 $1,500.00 " 'MAXIMUM OF 1 DAY MAXIMUM LIQUIDATED DAMAGES,IF REQUIRED $1,500.00 �77 77 1 { r _1 i J f a� � rt 1 z a. .."••^w+nnc+a uWw�,ve.w�w*,+�e+nammrtar+w� .,, .�.»._......._ _._ — - ~1 t�� r �. f�� �t.'. F r a i 1 ALTERNATE BID AND SUBCONTRACTORS The Contract may provide for alternates for storm sewer pipe at the Contractor's t discretion. The Bidder shall state in the spaces below whether he intends to use corrugated metal pipe or reinforced concrete pipe for Storm Sewers where an alternate ° is allowed. If the Bidder intends to use any subcontractors in the course of the construction, he fi i shall list them. TIME OF COMPLETION j The undersigned hereby agrees to complete the project within 180 working days, subject to the stipulations of the regulations of the Contract and the Special Provisions. _ It is understood and agreed that if this bid is accepted,the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder,hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or i firms than herein mentioned have any interest in this bid or in the Contract to be -, entered into;and this bid is made without connection with any other person, company, J or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner,should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed,telegraphed,or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn,the undersigned will,within ten(10)days after I the date of such mailing,telegraphing,or delivering of such notice, execute and deliver I a Contract in the form of Contract attached. J 1 AWa;a�alccs� � s/27/al 4j} _7 I The undersigned hereby designates as his office to which such notice of acceptance C may be mailed, telegraphed,or delivered: F a It is understood and agreed that this bid may be withdrawn at any time prior to the j scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto Is a Bid Bond for the sum of I OR ) Dollars(cashier's check), make payable to the City of Jefferson. I i 1 Signature of Bidder: If an individual, doing business I as If a partnership, , member of firm. i by If corporation, i ..�' by rJ Title SEAL Business Address of Bidder If Bidder is a corporation, supply the following information: State in which incorporated Name and Address of its: President Secretary Date ... . .. .:. . fit,: p p B1R_BO D KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned'--------------------------------------a as Principal, and as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum ` I ; of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, ti administrators,successors and assigns,this day of ,1997. ; t N� The condition of the above obligation is such that whereas the Principal has submitted I 1 to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled: I 1 1 "Project No.31038,Algoa Spur Sewer Crossing" NOW,THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance i of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith,shall in all other respects perform _ the agreement created by the acceptance of said Bid, then this obligation shall be void,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder *. —1 shall, in no event,exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such extension, � r IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto —1 affixed and these presents to be signed by their proper officers,the day and year first set forth J above. (L.S.) i Principal J SEAL B y: r. I S 4wr.w1 .. J �i ANIL-COLL.USION_S?ATEMENI STATE OF ) COUNTY OF ) being first duly sworn,deposes and says that he is of TITLE OF PERSON SIGNING NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and correct;and that the bidder(the person, firm, association,or corporation making said bid)has not, either directly or indirectly, entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in,or financially affiliated with, any other bidder for the above project. BY (BY) Sworn to before me this day of ,19 NOTARY PUBLIC t My commission expires: ..� C:�%�68Cd��4BJCCJµ.�.,pd 5/27/97 5+. N 111 t t j , C.ONTRACT-WS. EEIQAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. i STATE OF ) COUNTY OF ) j The undersigned, of lawful age, being first duly sworn states upon oath that he is of i the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed jproject. AFFIANT . Subscribed and sworn to before me, a Notary Public,in and for the County and State .1 aforesaid,this day of NOTARY PUBLIC I I f: My Commission Expires: r , c.�wc�ace� �ccr�.W o 5/21/ai .• .Y � S 'j a 1 . 1 j I MINOR T_Y-RUSINESS-ENTER R.LSE_STATEMENT 1A Contractors bidding on City contracts shall take the following affirmative steps to assure that small,women owned,and minority business are utilized when possible as sources of suppliers, services,and construction items. i 1. Contractor's will submit the names and other information if any, about their MBE I . sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. 3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services,and construction. 4. Qualified small, women owned, and minority business will__be_sollcited whenever they are potential sources. -j 5. When economically feasible, Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small,women owned, and minority business participation. 1 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. n 7. Contractor will use the services and assistance of the Small Business t' Administration,the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained j from the Department of Public Works. J ' � tvu.tvw.a wr*.rv.y.x«wr+....w..vu.....«..`."_.- --........_._"—..,.. _ .._..«_.--....�..«......._.. .._. "._... .,..........«.... _. ...,.. .. .. ., 1 S , '1 t C 1 . ,' .. I ?' [I =RLr BU_S ESS_UZILIZAS1Qt�LL�QMMI_ZMENI A. The bidder agrees to expend at least 0%of the contract, if awarded,for Minority Business Enterprise(MBE). For purposes of this commitment,the term"Minority Business Enterprise"shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women, i or, in the case of a publicly owned business, at least 51 percent of the ! stock of which is owned by one or more minorities or women; and fi 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member"or"Minority"means a person who is a citizen or lawful permanent resident of the United States, and who is: 1. Black(a person having origins in any of the black racial groups of Afrca); 2. Hispanic (a person of Spanish or Portuguese culture with origins in .a Mexico, South or Central America, or the Caribbean Island, regardless of race); i 3. Asian American(a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native(a person having origins in any of the original peoples of North America); 5. Member of other groups,or other individuals,found to be economically ` and socially disadvantaged by the Small Business Administration under Section 8(a)of the Small Business Act, as amended[15 U.S.C.637(a)]. 6. A female person who requests to be considered as an MBE, and who "owns"and"controls"a business as defined herein. i Minority Business Enterprises may be employed as contractors,subcontractors, or suppliers. 6/2/97 < c:�ww�a a��aslecry .��+ I mill a ; , I 4 _ i ! B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: i Name and Addresses Nature of Dollar Value of afMinority_Eirms Particip-ation Participation Total Bid Amount: Total: Percentage of Minority Enterprise Participation: % C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a)is a bona fide Minority Business Enterprise;and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. I A roster of bona fide Minority Business Enterprise firms will be furnished by the { City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s)it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. Breach of this commitment constitutes a breach of the bidder's contract, if awarded. D. The undersigned hereby certified that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set � J forth. �1 NAME OF AUTHORIZED OFFICER DATE SIGNATURE OF AUTHORIZED OFFICER h V Y , GERTIEI_CATE OF O_WNER'SJALLORNEY j r { I,the undersigned, the duly authorized and acting legal representative of h tt , do hereby certify as follows: i 1 -- 1 have examined the attached contract(s) and surety bonds and the manner of Iexecution thereof, and I am of the opinion that each of the aforesaid agreements has i I . I been duly executed by the proper parties thereto acting through their duly authorized j representatives;that said representatives have full power and authority to execute said 1 agreements on behalf of the respective parties named thereon; and that the foregoing 1 agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms,conditions, and provisions thereof. I � 7 ? (Signature) (Date) , L + "',I I I t , L�4 1 {' j • 7 Mkt t!'.•.tt (3 'Y ?'.F� • tom.. t .� 1 ,} L' S Y 4tlf• y' , It r I t T _ . rl AEEIDAILIT 1 ' COMPLIA ILKG I WAG A-AW Before me,the undersigned Notary Public, in and for the County of , State of ,personally came and appeared NAME POSITION # . j of the NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 J through and including 290.340, Missouri Revised Statutes,pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 3, 026,Cole County issued by the Division of Labor Standards of Missouri on April 1996 and last modified in December 1996, in carrying out the contract and work in connection with Project No. 31038, Algoa Spur Sewer Crossing located at Jefferson City in Cole County, Missouri, and completed on the day of ' 19 SIGNATURE Subscribed and sworn to me this day of ' 19 f f NOTARY PUBLIC r My commission expires: STATE OF MISSOURI ) )ss COUNTY OF ) 1 e:�wa�sca�a�oiecyy�..r� r. ` , l 4 1 1 1 `11 r . r r� Missouri - C , ®f Labor' Sta"' 'hdArds WAGS AND HOUR SECTION- ?;_ ' T H F ;• t w ° o1� 0 0 3y "*occcx b� ^ MEL CARNAHAN,Governor l Annual Wage Order No . 3 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection j in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson J City, Mo. 65102. Such objections must set forth in writing the specific grounds of objection. j i Each objection shall certify that a copy has been furnished to the Division of Labor Standards, j P.O.Box 449,Jefferson City, Mo.65102,and to the party which requested this Annual Wage j Order pursuant to 8 CSR 20.5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. i �i• FO LF= olleen A.Baker,Director Division of Labor Standards MAR 71n96 Filed With Secretary of State: / � "r Last Date Objections May Be File"=ETA :�OFreT��V APR R 1996 ;;, Prepared by Missouri Department of Labor and Industrial Relations uiiding Construction Rates for COLE County REPLACEMENT PAGE Section 026 'Effective asic Over- CRAFTS Date of Hourly Time Holiday Fringe Benefit Payments Increase Rates Rates Rates H&W Pen. Vac. Appr.Trg Other stos Workers 12196 $25.46 55 28 3.22 4.97 akers /96 $21.35 57 7 3.25 3.00 0.16 b a ers-Stone Mason 9/96 $15.60 59 7 2.30 1.85 0.15 a enters $15.68 60 7 2.05 1.50 0.17 kElecitndoiansilriside ent Masons $17.56 9 3 1.66 Wireman $19.21 28 7 2.05 3.00 10% 0.15 NEBF3% unicaton Workers USE ELECTRICIANS INSIDE WIREMAN RATE levator Constructors 7/96 S23.92 26 54 3.845 2.19 a 0.085 En ineers•Portable&Hoisting: Grou 1 5/96 $19.12 86 3 3.65 3.65 0.45 ANN.55 Grou II 5/96 $19.12 86 3 3.65 3.65 0.45 ANN.55 Grou III 5/96 $17.87 86 3 3.65 3.65 0,45 ANN.55 N Grou III-A 5/96 $19.12 86 3 3.65 3.65 0,45 ANN.55 I -Grou IV 5/96 $16.89 86 3 3.65 3.65 0.45 ANN.55 j Grou V 5/96 $19.82 88 3 3.651-3- .65 9.65 0.45 ANN.55 I r'i a Fitters Ic $24.25 91 3 TO_TAL FRINGES$10.28 Glaziers $11.35 FED 0.451 0.28 0.45 HOL.18 aborers(building) General I $13.05 110 7 2.301 1.50 0.40 First Semi-Skilled S13.40 110 7 2.30 1.50 0.40 Second Semi-Skilled $13.40 110 7 2.30 1.50 0.40 Tr i athers-Metal,Wood I IUSE CARPENTERS RATE inoleum Layers&Cutters I IUSE CARPENTERS RATE Marble Masons 9/96 I $15.60 59 I 7 2.301 1.85 0.15 _!xAiRwnghts I 1 $16.431 60 7 1 2.051 1.50 0.17 orkers 8/96 $16.87 11 8 2.87 5.30 0.25 rs $15.50 i 18 7 1.00 II • I I I-� lasterers $16.73 94 5 1.63 Plumbers I 520.00 FED ile Drivers I 1 $16.081 60 7 2.051 1.501 0.17 ,_3oofers 9196 L $17.601 12 I 4 2.65 2.10 0.14 !Sheet Metal Workers 7/96 I $18.39 40 23 3.16 2.18 0.291SASMI.71 1 > rinkler Fitters $10.50 FED -rferrazzo Workers 9/96 $15.60 59 1 7 2.30 1.85 0.15 Tile Setters 9/96 $15.60 59 7 2.30 1.85 0.15 - ruck Drivers-Teamsters Grou I $14.25 101 5 1.75 1.75 Group II $14.95 101 5 1.75 1.75 Grou III $14.65 101 5 1.75 1.75 (Grou IV $14.95 101 5 1.75 1.75 raffic Control Service Driver $11.90 48 49 0.1131 0.481 0.23 1 HOL.41 Well Drillers USE BLDG CONST.ENGINEER GROUP 11 RATE .Welders-Acet lane&Electric AL INCREMENTAL INCREASE J � SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.3 12/96 Rj �• i� Cl wilding Construction Rates for COLE County Footnotes Section 026 ect ve asic Over- CRAFTS I Date of Hourly Time Holiday Frin a Benefit Pa rments i Increase Rates Rates Rates H&W Pen. Vac. A r»Tr Other f r Welders receive rate prescribed for craft performing operation to which welding is incidental. '1 se Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction �. tes for remainder of project. For crafts not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. -Vacation: Employees over 5 years-8%; Employees under 5 years-6% b-Annuity Trust-$2.00, MOST Program-$0.205 Al I work over$3.5 million total Mechanical Contract-$24.25, Fringes$10.28 JII work under$3.5 million total Mechanical Contract-$23.16, Fringes$9.78 ! J I , j 4 4 f j 1 J` ANNUAL WAGE ORDER NO.3 3/96 f .t.. { • i I � COLE COUNTY OVERTIME RATES FED: Minimum requirement per Fair Labor Standards Act means time and one-half (13S) shall be ' paid for all work in excess of forty (40) hours per work week. �r 1;)NO. 9: Eight (8) hours 9h 11 constitute a regular work day that may being as early as 6:00 a.m. and end no later thaw 5:30 p.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half (1'h) times the regular pay. In the ' 1 event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week for the cement masons is Monday through Friday, except for midweek holidays. NO. 11: Means eight (8) hours shall constitute a day's work, from 8:00 a.m. to 5:00 from Monday to Friday. Time and one-half (1%) shall be nda through Friday and the first eight (8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate. Double (2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday and shall continue through the following Friday, inclusive of each week. All work performed in excess of forty (40) hours in one week, shall be paid for at the rate of one and one-half (1%) times the regular hourly wage scale. All work performed within the regular working hours shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half (IM) times the regular hourly rate. Work on holidays and Sundays shall be paid at two (2) times the regular hourly rate. NO. 18: Means a work week shall consist of fort (40) hours be f Friday. Any hours worked over forty (40) in this payroll ginning Monday and ending to y period shall be paid at the rate � of time b one-half (i%) . Saturday work will be paid at time 6 one-half (13;) , Sunday and i recognized holidays shall be paid at double (2) time even if the holiday falls on Saturday. Saturday can be a make-up day, if needed, at straight time pay (provided it is not a I -..1 holiday) . i NO. 26: Means a regular working day shall consist of eight (8) hours, between 7:00 a.m. and D5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Work performed on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall j be classed as overtime, and paid for at double (2) the rate of single time. Holidays shall _ be paid at the double (2) time rate of pay. NO. 28: Means eight (e) hours between 8:00 a.m. and 5:00 p.m. shall constitute a day's work five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek or four (4) ten (10) hour days (4-101s) provided: -The project must be for a minimum of four (4) consecutive days. -Starting time may start as early as 7:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day, (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be implemented) . -Any time worked in excess of any ten (10) hour work day (in a 4-10 hour work week) shall be at the appropriate overtime rate. J All work outside of the regular working hours s paid at one 6 one-half (1%) times the employee's regular rate aof pay.through All work shall be from 12:00 a.m. Sunday through 8:00 a.m. Monday nd recognized performed double (2) the straight time hourly rate of Y ognized holidays shall be paid at i g Y pay. NO. 40: Means eight (8) hours per day Monday through Friday shall constitute a forty (40) hour work week. . The regular eight-hour working day can begin as early as 7:00 a.m. and end as late as 5:30 P.M. All hours worked on Saturday and all hours worked in excess of eight (8) hours but not more than twelve (12) hours during the regular working week shall be paid for at one and one-half (1%) times the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve (12) hours during the regular working day shall be paid at double (2) time the regular hourly rate. } AW30JKOT ANNUAL WAGE ORDER NO. 3 PAGE 1 OF S PAGES i L F ti0. 98: Meann the regularly scheduled work week shall be five (5) consecutive days, ?fonday through Friday or Tuesday through Saturday. Eight (8) hours shall constitute a day's work, starting time for the first shift shall not be earlier than 7:00 a.m. nor later than 10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and ! ' 1 one-half (1K) will be paid for all work in excess of forty (40) hours in any one work week. i Or: the Monday through Friday schedule, all work- performed on Saturday will be time and one- f' half (1 55) unless time has been lost during the week, in which case Saturday will be a make up day 'to the extent of tG lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half (155) unless time has been lost during the week, 1 in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double (2) time. Tf employees work on any of the recognized holidays they shall be paid time and one-half (155) their regular rate of pay for all hours worked, in addition to their regular holiday pay. NO. S5: Means the regular work day shall be eight (8) hours between 6:00 a.m. and 4:30 p.m. The first two (2) hours of work performed in excess of the eight (8) hour work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one & one-half (155) times the straight time rate. All work performed on Sunday, observed holiday3 and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double (2) _.. the straight time rate. NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per s week, Monday to Friday inclusive, shall constitute a week's work. The regular starting time shall be 8:00 a.m. When circumstances warrant, the contractor may change the regular workweek to four (4) ten-hour shifts at the regular straight time rate of pay. The first two (2) hours of overtime worked Monday through Friday and the first eight (8) hours on Saturday shall be paid at the rate of time and one-half (155) . All time worked in excess of ten (10) i hours, Monday through Friday and eight (8) hours on Saturday and all time worked on Sunday and holidays shall be paid for at the double (2) time rate of pay. _J NO. 59: Means that except as herein provided, eight (8) hours a day (which may begin as _ early as 6:00 a.m.) shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day _J and on Saturday shall be classified as overtime and paid the rate of time and one-half (155) . All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has the option of working either five (5) eight hour days or four (4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m, and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or forty (40) hours per week. When the five day (a) hour work week is in effect, forty (40) _ hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) t. I hours or forty (40) hours per week. 7 NO. 60: Means a regular work day of eight (8) hours may start as early as 6:00 a.m. and end as late as 5:30 p.m. The Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any workweek, hours worked more than eight (8) per day or 40 per week shall be paid at time & one-half (155) the hourly rate Monday through Friday. If an Employer is prevented from f working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain or mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. If an Employer elects to work four 10-hour days, between the hours 6:30 J a.m. and 6:30 p.m. in any week, work performed more than ten (10) hours per day or forty (40) hours per week shall be paid at time & one-half (155) the hourly rate Monday through Friday. j If an Employer is working 10-hour days and loses a day due to inclement weather, he may work i ten (10) hours Friday at straight time. NO. 86: Means the regular work week shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. All overtime work performed on Monday through Saturday shall be paid at time and one-half (155) the hourly rate plus an amount equal to one- half of the hourly pension, welfare, and JATF contributions. All work performed on Sundays J and holidays shall be paid at double (2) the hourly rate plus an amount equal to the pension, welfare, and JATF contributions. 4 i AW3026.OT ANNTJAL WAGE ORDER NO. 3 PACE 2 OF 3 PACES own J .. i F • 1 NO. 91: Means eight (8) hours shall constitute a day's work in a time frame beginning as early as 7:00 a.m. and ending as late as 5:30 p.m. The work week shall be forty (40) hours rr�� beginning Monday as early as 7:00 a.m. and ending Friday at 5:30 p.m. Employees shall ; i receive double (2) time for over eight (8) hours in a work day or for over forty (40) hours in a work week from Monday through Friday. Saturdays, Sundays and recognized holidays shall e paid at the double (2) time rate of pay. N0. 94: Eight (8) hours shall constitute a regular work day that may being as early as 6:00 j l a.m. and end no later than 5:30 p.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half (115) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101: Means eight (8) hours a day shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work, which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one-half (115) (except as herein provided) . All time worked on Sunday and recognized holidays shall be paid at the rate of double (2) time. Starting time may be as early as 6:00 a.m. and end as late as 5:30 p.m. The Employer has the option of working either five (5) eight-hour days or four (4) ten-hour days to constitute a normal forty (40) hour work week. When a four (4) ten-hour day work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. I and 6:30 p.m. Forty (40) hours per week shall constitute a week's work Monday through i Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make- up day; straight time not to exceed ten (10) hours or forty (40) hours per week. All work over ten (10) hours in one day or forty (40) hours in a 4-10's work week shall be paid at the _J overtime rate of time and one-half (115) . When using a five (5) day eight (8) hour work week, and the job is down for any reason beyond the Employer's control, then Saturday may, at the _ option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours or forty (40) hours per week. NO. 108: Means eight (8) hours shall constitute a day's work. The day shall begin at 8:00 _ a.m. and end at 4:30 p.m. Forty (40) hours shall constitute the work week, which shall begin �7onday at 8:00 a.m. and end Friday 4:30 p.m. All time worked before and after established cork day of- eight (8) hours, Monday through Friday, shall be paid at time and one-half (115) _Saturday will be paid at time and one-half (115) . All time worked on Sundays and holidays shall be paid for at the rate of double (2) time. NO. 110: Means eight (8) hours between the hours of 8:00 a.m, and 4:30 p.m. shall constitute a work day. The work week shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday. All work performed on Saturday, except as herein provided, shall be compensated j at one and one-half (115) times the regular hourly rate of pay for the week performed. All work performed on Sunday and on recognized holidays shall be compensated at double (2) the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If an Employer elects to work five (5) eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hour per week shall be paid at time and one-half (115) the hourly rate Monday through Friday. If _j an Employer elects to work four (4) ten (10) hour days in any week, work performed more than ten (10) hours per day or forty (40) hours per week shall be paid at time and one-half (115) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half (115) overtime rate. --7 Aw30:6.OT ANNUAL WAGE ORDER NO. 3 PACE)OF 3 PAGES I Y HOLIDAY RATE SCHEDULE-- BL'ILDV;G CONSTRUCTION N0. 1s All work done on New Year's Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the rate of double time. When one of the ' above holidays falls on ehnday, the following Monday shall be observed. N0. 2s All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. i NO. 3: All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. i NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, " Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. t N0. 5: All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. NO. 6: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any additional holidays which may be mutually agreed upon shall be paid at the double time rate of pay. Whenever any such holiday falls on a Sunday, the following Monday shall be recognized and observed as the holiday. Wj NO. 7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday. If a holiday falls on a II AI Saturday, it shall be observed on the preceding Friday. _ NO. 8: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas, or days observed as such, shall be paid at the double time rate of pay. NO. 9: A21 work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Tj Day and Christmas Day shall be paid for at the double time rate of pay. Any one of the above J listed holidays falling on Sunday shall be observed on the following Monday and paid at the double time rate of pay as all observed holidays. t NO. 10: All work done on New Year's Day, Memorial Day, Independence Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day shall be paid at the double (2) time rate of pay. Any holiday which occurs on a Sunday shall be observed the following Monday. No work shall be performed on LABOR DAY except to save life and property. NO. 11: All work done on New Year's Day, Memorial Day, Christmas Day, Fourth of July, and Thanksgiving Day shall be paid for at the rate of double time. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day and the day after Thanksgiving Day shall be considered optional holidays, and if the employer and employees Ji agree that work will be performed on that day, no premium will be required. NO. 12: All work done on New Year's Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Should any of these days fall on Sunday, then the following day shall be observed as the holiday. Under no circumstances shall employees be permitted to work on Labor Day. NO. 13: All work done on New Y.ear_s_Day, Memorial Day, Independence Day, Labor Day, I Thanksgiving Day and Christmas Day shall be paid at the rate of time and one-half (1 1/2) . NO. 14s All work done on Memorial Day, Fourth of July, Thanksgiving Day, Christmas Day and New Year's Day shall be paid at the rate of time and one-half (1 1/2). No work shall be done on Labor Day. When a recognized holiday falls on Sunday, the following Monday is observed ; —' an the holiday. wmtey,«, ANNUAL WAGE ORDER N0. 3 MOE 1 OF!PACES Iml 1_1 N0. 15: All work done 1lnbe New p id for at theeratet of double timeendNocwork shallnbegperformed and Christmas Day she on Labor Day. ( pp, 16: There shall be seven (7) recognized holidays: New Year's Day, Memorial Day, Independence Day, Labor 65y, Armistice Day, Thanksgiving Day and Christmas Day. No work on any pretense shall be performed on Christmas Day, Labor Day, or Independence Day. Any work performed on the other holidays shall be paid for at two (2) times the regular rate of pay.of N0. 17: All work done on the following holidays Fourtha shall be paid Labort double s time Day,r to be pay; New Year's Day, Memorial'Day, celebrated on either its national holiday or on the day after Thanksgiving, Thanksgiving ay j and Christmas. Veteran's Day, - Np, 10: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, the Friday following not the kabovanholidnysrfallss one Sunday,btheafollowing 1 double time rate of pay. - Monday shall be considered the holiday, and when one of the above holidays falls on Saturday, the preceding Friday double time considered the holiday, and all work performed on said day(s) shall be paid at the Memorial Day, July 4th, Labor Day, Thanksgiving Day, N0. 19s All work done on New Year's Day, The employee ee may take off and Christmas Day shall be paid at the vided he or m she has fnotified their supervisor on the Friday following Thanksgiving Day p Wednesday preceding Thanksgiving Day. N0. 20: All work done on New Year's Day, Memorial Day, When a paid Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. holiday falls on Saturday,eitOshall be observed on Saturday. When a paid holiday falls on Sunday, it N0. 21: All work Christmas New Day,Year's or ,daysa MeMOrial as such, shall D be paid o at the Thanksgiving Day, holiday, all hours worked shall double time rate of pay. If Saturday falls on a designated be paid at the double time rate of pay. J Np. 22: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, shall be paid at the double time rate of pay. If a holiday falls on Saturday, Friday shall be observed; if it rved. falls on Sunday, Monday shall be obse N0. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day and Sundays shall be ronoSunday,hthedfollowid'nghMonday ` paid at the double time rate of pay. shall be considered a holiday. N0. 241 All work done on Christ mas Day, Thanksgiving Day, New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, ?residential Election Day or days locally i observed as such, and Sunday shall be recognized as holidays and paid at the double time rate of pay. Y p y Veteran's N0. 25: All work done on New Year's Day, Memorial Day, independence Day, Labor Day, Dey, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Presidential Election Day or days locally observed as such, and Saturday and Sunday shall be recognized as holidays, -`, and shall be paid at the double time rate of pay. N0. 26: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's I Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. when -� a H --Saturday it shall not be observed on either the previous Friday or the J following Monday. Such days shall be regular work days. If such a holiday occurs on Sunday, it shall be observed on the following Monday. ` N0. 27: All work done on New following h Memorial days obs, Independence Day, L shall be paid at abor Day, Veteranh" II double time rate of pay: Day, Thanksgiving Day and Christmas Day. J �1�.. ANNUAL WAGE ORDER NO. 3 PACE 20FSPAGES F. I N0. 20: A11 work done on New Year's Day , Armistice Day (Veteran's Day), Decoration Day i (Memorial Day), Independence Day (Fourth of July), Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when ',• triple (3) time is paid. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. i N0. 29: All work done on New Year's Day, Armistice Day (Veteran's Day) Decoration Day (Memorial Day), Independence Day (Fourth of July), Thanksgiving Day, Christmas Day or day observed as such for these holidays shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. NO. 30: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work, shall be performed on Labor Day.except in special cases of emergency and only when triple (3) time is paid. When a holiday falls on Saturday, the preceding day of Friday will be observed as a holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. N0. 31: All work done on New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, j Christmas Day, and Employee's Birthday shall be paid at the double time rate of pay. If a holiday falls on Sunday, the following Monday will be observed as the recognized holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the recognized holiday. JN0. 32: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas shall be paid at the double time rate of pay when one of the above holidays falls on Sunday, the following Monday shall i be observed and when one of the above holidays falls on Saturday, the preceding Friday shall I be observed. NO. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and i Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. if the holiday falls on Sunday, the following Monday will be �. observed; if the holiday falls on Saturday, the preceding Friday will be observed. —i NO. 34: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate. Any holiday J falling on Sunday, will be observed on the following Monday and be paid accordingly. When one of the above holidays falls on Tuesday, the preceding Monday will be observed as a non- working holiday. When a holiday falls on Thursday, such as Thanksgiving, the following Friday will be observed as a non-working holiday. NO. 35: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the time and one-half (1 1/2) times rate Jof pay. If a holiday falls on a Sunday, it shall be observed on the following Monday. NO. 36: All work done on Labor Day shall be paid at the double time rate of pay. NO. 37: All work done on New Year's Day, Memorial. Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and such other days as may be declared legal holidays by the Federal Government shall be paid the double time rate of pay. NO. 38: All work performed on New Year's Day, Decoration Day (Memorial Day), Fourth of July, —j Labor Day, Thanksgiving Day, Christmas Day and Veteran's Day (to be celebrated the day after Thanksgiving Day) shall be paid at the double (2) time rate of pay. In the event the holiday should fall on a Sunday, the following Monday will be paid at the rate of double (2) time. -� NO. 39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling -� on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. `\NO. 40: All work done on a legal holiday shall be paid at the double time rate of pay. bWb*jw3 ANNUAL WAGE ORDER NO. 3 PACE 3 OF 5 PAGES y e ' w I II �>•1.�.�c.'.s�.n°� P..�� .�..wo�r- .A�"T°r""..—�..� :�^.+w.��+�a�-'-�.��w's�-��.a._�.-r--�•--._T+-ter_��� _.--.-� ..`.f-- N0. 411 All work done on New Year's Day, Memorial Day, Thanksgiving Day and Veteran's Day j shall be paid at the double time rate of pay. No work shall be done on Christmas Day, Fourth o! July or Labor Day. When any of the above holidays fall on Sunday, the following Monday 3 r 02.- of be observed as such holiday. If a holiday falls on Saturday, it shall not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. N0. 421 The following days shall be observed as legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. No work under any pretense shall be performed on the Fourth of July, Labor Day or Christmas Day. Any work performed on the above holidays shall be paid for at two (2) times the regular straight ' time rate of pay. N0. 431 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day (Nov. 11th) or mutually agreed upon day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on Sunday, it shall be observed on the following Monday. I! a holiday falls on Saturday, it shall be observed on the preceding is Friday. NO. 441 All work done on New Year's Day, Washington's Birthday, Decoration Day, Fourth of _ July, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. Positively no work shall be allowed on Labor Day. If any of these holidays fall on Sunday, the following day will be observed as the holiday. If any of these holidays fall on Saturday, the preceding Friday will be observed. NO. 45s All work done on New Year's Day, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day or days to be celebrated as such shall be paid at the double time rate of pay. If a holiday falls on Sunday, it can be observed on the following Monday, If a holiday falls on Saturday, the employer shall designate whether such holiday shall be observed on Friday or Monday. N0. 46s All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day, and Christmas Day shall be paid at the two and one half (2 1/2) times rate of pay. NO WORK SHALL BE DONE ON LABOR DAY. Holidays falling on Saturday shall be observed the preceding Friday. Holidays falling on a. Sunday shall be observed the following Monday. NO. 471 The following holidays are recognized: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve. The above mentioned holidays can be changed by mutual agreement. When a holiday listed above falls on Saturday, it shall be celebrated on the Friday preceding the holiday. When a holiday falls on Sunday, the following Monday shall be observed. Holidays S —� referred to above shall be paid for at straight time when not worked and at double time plus holiday pay when worked. J - NO. 481 All work done on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve and Christmas Day shall be paid at the double time rate of pay. Should any of the above holidays fall on Sunday, the j following Monday shall be observed as the holiday. Should any of the above holidays fall on Saturday, the preceding Friday shall be observed as the holiday. NO. 491 The following days shall be observed as legal holidays and employees will receive eight (8) hours' pay at regular straight time hourly rate for each of these holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be f 1 limited to the time between December i and March 1 of the following year. If any of these J holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If -, employees work on any of these holidays they shall be paid time & one-half (11,5) their regular j rate of pay for all hours worked. .J _s ANNUAL WAGE ORDER NO. 3 PAGE 4 OF S PAGES J , _ tr N0. 50z All work done on New Year's Day, Good Friday, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. If any Holiday falls on Sunday, the following Monday shall be recognized as the legal holiday. No.jjNo. 51t All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, or days observed as such, shall be paid at the double time rate of pay. In the event one of the above holidays falls on Saturday, the holiday shall be celebrated on that day. If the holiday falls on Sunday, the holiday will be celebrated on Monday following. No. 521 There are four (4) paid holidays and they are: Labor Day, Christmas Day, Memorial Day, and Independence Day. For these four (4) days, all regular employees shall be paid for eight (8) hours of pay computed at the regular straight time hourly rate, although no work - is performed. Employees shall receive the double (2) time rate of pay for any work performed on these recognized holidays. - No. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. 1 � I No. 54: All work done on New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) -� time rate of pay. When a holiday falls on Saturday, it shall be observed on Saturday. When a holiday falls on Sunday, it shall be observed on Monday. NO. 55e All work done on New Year's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and Two Floating Holidays (to be designated by the Company) shall be co;r ensated at time and one-half (I%) the regular rate of the above days fall on Sunday, the following Monday shall be of pay. Should any considered and observed as the holiday. Should any of the above days fall on Saturday, the _Dpreceding Friday shall be considered and observed as the holiday. NO. 56: All work done on New Year's Day, Decoration Day, Independence Day, Labor Day, November 11 (which shall be recognized as Veterans' Day), Thanksgiving Day, The Day after i Thanksgiving day, and Christmas day shall be compensated at the double (2) time rate of pay. When an observed holiday falls on Sunday, the following Monday shall be observed as the -= holiday. No work shall be performed on Labor Day except in cases of emergency, but when work is performed on this holiday, the employee shall be compensated at the triple (3) time rate I t of pay. �+ NO. 57: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day (November 11), Thanksgiving Day, and Christmas Day shall be compensated at the double (2) time rate of pay. When any of these holidays fall on a Sunday, the following Monday shall be observed. N0. 58s A11 work performed on New Year's Day, Decoration Day (Memorial Day) , Independence nksgiving Day and Day (Fourth of July), Labor Day, November 11th (Veteran's Day), Tha Christmas Day shall be paid at the rate of double (2) time. No work shall be performed on Labor Day except for Preservation of life or property. b1&1dy.aw3 ANNUAL WAGE ORDER NO. 3 PACE S OF 5 PACES I 4 � / t i . heavy Construction Rates for COLE County REPLACEMENT PAGE Section 026 ectiEi ve 1335 C er- CRAFTS Date of Hourly Time Holiday Fringe Benefit Payments Increase Rates Rates Rates H 8 W Pen. Vac. r.Tr Other PENTERS - Journe men 5196 $20.28 7 5 2.05 2.10 0.05 i Millwri hts 5196 -$20.28 7 5 2.05 2.10 0.05 I lle Driver Worker 5196 $2T.28 7 5 2.05 2.10 0.05 PERATING ENGINEERS -- i rurou I 5196 $18.30 5 5 3.65 3.65 0.42 ANN.55 I Group II 5/96 _$17.95 5 5 3.65 3.65 0.42 ANN.55 afOUp III _5196��$17.75 5 5 3.65 3.65 0.42 AN'N.55 3r0U IV - 5/96 1 $15.00 55 5 3.65 3.65 _0.42 ANN.55 -Oiler-Driver 5/96i, _$15.00 5 5 - 3.65 3.65 LABORERS -4--- --- r � II I �-- r General Laborers -5196 i $17.30 i 2 4 2.30 2.10 - 0.40rt Skilled Laborers -'-- --' ---- T-------- -----! -.�.._.- 2 30 2_10 5196 $17.90- 2 •]._4� + 0.40 TRUCK DRIVERS-TEAMSTERS -;Group I $17.79 r 2 i 4 I 2.40 2.001 ----- _f3[pu II ---1----___._._.. -1 .. 1 -�-- III ----;-----=-- $17.95:- - -• i 2.40 i 2.00 i i I ._ 2_�I. 4 1-------�'--- p $17.94! 2 1 4.._I_..2.40 2.00T p IV --- -=-- - -- ---L------._.-$18.06,•-?--:....4_...( -2.401.2-00_I.__._..._l.--•--.__.....--- J i ANNUAL INCREMENTAL INCREASE ANNUAL WAGE ORDER NO.3 7/96 " Srrl .._ w++.+•_-......yrrv.ar.7..W_,,.,..e..w•.--..-_..._................r-..•.-. w -. .•,..f -...._...r...._.... ... .. ..... wa... .....r_•+-....1... _ -_ �J� � t 1 W s n� rs OVERTIME RATE SCHEDULE - HEAVY CONSTRUCTION 's work Monday through Friday. N0. 1: Means eight (8) hour., shall constitute a normal day Y 9 Y � Projects may be worked 4n the basis of a ten (10) hour per day,' four (4) days a week schedule (Monday through Thursday). All hours worked over ten (10) hours per day or forty (40) hours per week shall be paid at time & one-half (13S). There are no provisions for 1 make-up days on Friday or Saturday, work on these days will be paid at time and one-half (1H)- on projects working five (5) day, eight (8) hour schedules (Monday through Friday), there is a provision called •50 hour window for forty (40) hours worked., If inclement weather causes a curtailment of work for projects operating under this 5-81s schedule, the ' employer may invoke the 150 hour window for forty (40) hours" provision. The Employer can work the carpenter employees up to ten (10) hours per day at straight time, until the I employee reaches forty (40) hours in that week. Any time worked over the daily, make-up schedule (9 or 10 hours per day) and forty (40) hours per week, would be paid at time & one-half (135). 'The ability of the Employer to alter their work schedule from the regular eight 8) hours per day to nine (9) or ten (10) hours per day at straight time , is only - applicable after the Employer on that job site has lost work hours which are to be made up by the expanded daily work hours. Time & one-half (135) shall be paid for work performed on Saturdays. Double (2)time shall be paid for work performed on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight (8) hours toward a forty (40) hour work week, then all work i performed over and above 32 hours in that week would be paid at the rate of time & one- half (IM) . N0. 2: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (30) hours. If a crew is -1 prevented form working forty (40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate to complete forty (40) hours of work in a week. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. Time & one-half (134) shall be paid for all hours in excess of eight(8) hours per day (if working or ten (10) hours per day (if working 4-10's) ,or forty (40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion of said day is worked as make-up to complete forty hours), time and one-half (135) shall be paid. Fc ell time worked on Sunday and recognized holidays, double (2) time shall be paid. N0. 3: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day and forty (40) hours per week I shall be paid at the rate of time & one-half (13S). workers shall receive time and one- half (I%) for all work performed on Sundays and recognized holidays. where one of the holidays falls or is observed during the work week, then all work performed over and above J thirty-two (32) hours shall be paid at time and one-half MO . -7 N0. 4: Means a regular work week shall consist of not more than forty (40) hours of work, Monday through Saturday, and all work performed over and above ten (10) hours per day and - forty (40) hours per week shall be paid at the rate of time & one-half (135) . Workmen 1 shall receive time and one-half (135) for all work performed on Sundays. t j J N0. 5: Means a regular work week may be Monday through Thursday (if working 4.10's) or I` Monday through Friday (if working 5-81s). Time & one-half (1)5) is paid when working in excess of ten (10) hours per day (if working 4.101s) and on Friday & Saturday' unless Friday and/or Saturday is used as a make-up day. Time & one-half (135) is paid when working in excess of eight (8) hours per day (if working 5.81s), and on Saturday unless -J Saturday is used as a make-up day. All Sunday work shall receive double (2) time pay. N0. 6: Means eight (8) hours shall constitute the regular work day and forty (40) hours a J work week, Monday through Friday. The Employer shall establish the starting time as early as 7:00 a.m. Time and one-half (135) shall be paid for work performed on a regular work day before the regular starting time and after the regular quitting time. Double (2) time shall be paid for work performed on Sunday and holidays. At the discretion of the j J Employer, Saturday can be used for a makeup day. ANNUAL WAGE ORDER NO. 3 j 40 3/96 jib,bck/e,ata!l See/vlawotd/�+DSlcoav/elllilee/hvyoe. T 4q )2 IM_T_ _�'TE$�HEDUT.E 'riEA�TX CONSTR_U_ z� where the Employer day shall be either eight (8) or ten (10) hours. The N0. 7: Means the regular work Monday and end on Friday, except 1eQular work week shall start on elects to work Monday through Tours, daytor (fortyo(40)phours.in a week shall be at the All work over ten (10) hours overtime rate of time and one-half 0M) . Except as Time eon aSundayashall be worked at i Saturday shall be worked at time and one-half (1351 . double (2) time the regular rate of pay. N0. 8: Means eight l8) hours shall constitute a regular workday, Monday through Friday. Time and one-half (135) shall be paid for work performed in excess s workweek(8) hours on any reThursday have atethetstraightctimelrateso fpaywithrallMhours through applicable overtime rate of time I "1 in excess of ten (3.0) hours in any one day to be at the app Y and is I and dueftolinclementaweather Employer (rain,e snow,osleet falling) he hall through have the Thursday to stopped to complete his forty (40) hours. However, _ work Friday at the straight time rate of pay should a holiday occur, Monday through Thursday, the Employer shall have the option to work Friday the straight time rate of pay to complete his forty (40) hours. Time and i Satu one-half (1351 shall be paii5ufor and performed ecognized holid ysays• Double (2) time shall be _ paid for work performed r N0. 9• eMeans eiover(8) hout8)shall constitutoraforotya(40)yhourszperoweek willube be paid J Any tim our throughdThu rate. work hoursmayday schedules oif such schedule is employed, then ` J I Friday may be hours a day make-up (40) islosa week must be paid weather. athtime and one- over ten 110) eight hours a day half (135). If an Employer has started the work week on a five-day, schedule, aand dadue scheduleleat�straightrtiaeSe forntheiremairder of thatswork weekainiorder shall be to make up the lost time 110 hour Do ble day). All work shall beepaidmfor all t time yworked on paid at time and one-half. 1135) • such instances where a recognized holiday is observed Sundays and recognized holidays. In Sundays work week, it shall be courted as e'.ght t8) hours toward a forty (40) hour work J week, then all or performed& one-half an )�bove thirty two (32) hours in that week would be paid at J No 10: Means a regular work week may be Monday through Friday (if working 5 8's) or I f the Monday through Thursday (if working 4 SO's). Time and one (135) is paid when wor nq in excess of ten (10) hours per day (if working 4 10's) Monday through Thursday. -I Employer tracts snowwo k from£noonday her shall Thursday then option stop orkueFriday n at Tthe J straight oftime hrate t8)of ; per cday lard work per ormed ono Saturday, shall sbey paid zatm time excess 9 j and one half (135) the hourly rate. Work performed on Sunday and recognized holidays shall be paid at double (2) the hourly rate. N0. 11: Means eight (8) hours shall be a regular work day beginning ertime hours (over ei ght (as early as 8) hours per er day or a.m. 1 Time and one-half (1%) shall be paid for all ov i over forty (40) hours per week)ble�Zjdtimeishall the week,be paid for Monday 1 time worked on Sunday and j work performed on Saturday. 1 recognized holidays. f � J w' J AUAL WAGE ORDER NO. NAi 3 3/96 nib+bck/w macitice/winw ord/wP51ccuv/allti1es/hvy0t.aw3 F � 4 1 HOLIDAY RATE SCHEDULE-HEAVY CONSTRUCTION r . 1 No. 1: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. When any of these holidays fall on Sunday,the Monday following shall be observed as such holiday. "I No.2: All work performed on New Yews Day,Decoration Day(Memorial Day),Independence Day V (Fourth of July),Labor Day,Thanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of time and one-half(IY). When a holiday falls on Saturday, Friday shall be obscrved. ! _ When a holiday falls on Sunday, Monday shall be observed. No work shall be perforred on Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week,then all work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1%). �i _ No. 3: All work performed on New Year's Day, Memorial Day, Indepcndence Day, Labor Day, j Thanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of time& one- half(I%). When a holiday falls on Sunday,it shall be observed on the following Monday. No. 4: All work performed on New Yews Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Christmas Day, or days observed as such, shall•be paid at the double time rate of —� pay. When a holiday falls on a Sunday,Monday shall be obsenEd. No.5: All work performed on New Year's Day,Decoration Day(Memorial Day),Independence Day (Fourth of July),Labor Day,Thanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of double t(2)time. When a holiday falls on a Saturday,Friday shall be observed. When a I holiday falls on a Sunday,Monday shall be observed. No work shall be performed on Labor except to save life or property. where one of the holidays specified falls or is observed during the work week, _ then all work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(I%). No.6: All work done on New Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving and Christmas shall be compensated at the double(2)time rate of pay, When a holiday occurs on Saturday,it shall not be observed on either the previous Friday or the following Monday. Such days shall be a regular workday. If such a holiday occurs on Sunday, it shall be observed on the _ following Monday. No work shall be performed on Labor Day. NO.7:All work done on New Year's Day,Memorial Day,Thanksgiving Day and Veteran's Day shall be paid at the double tume-rate of pay. No work shall be done on Christmas Day,Fourth of July or Labor Day. When any of the above holidays fall on Sunday,the following Monday shall be observed as such holiday. If a holiday falls on Saturday,it shall not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. J ANNUAL WAGE ORDER NO.3 3/96 s ,I REPLACEMENT PAGE OUTSIDE ELECTRICIANS iy COMMERCIAL WORK These rates are to be used in the following counties: Adair, Audrain,Boone,Callaway,Camden.Carter, Chariton, Ciat'k, Cole, Cooper. Crawford, Dent, •, Franklin,Gasconade, Howard. Howell,Iron, Jefferson.Knox,Lewis, Lincoln, Linn,Macon, Manes, Marion, Miller, Monitcau, Monroe, Montgomery, Morgan, Oregon, Osage, Pcrry, Phelps, PI-e, " Pulaski,Putnam,halls,Randolph,Reynolds,Ripley.St.Charles,St.Francois,St.Louis City.St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon.Shelby,Sullivan,Texas,Warren. - and Washington i Classifications plate Effective Date of i Increase j 'Journeyman Lineman $23.02 9/96 *Lineman Operator $20.61 9/96 J *Groundnw 516.32 9/96 Frinee Benefits Health&Wclfare -S2.00 �-/ Vacation Holiday Trust-13'1.% National Electricians Annuity Plan-22° Apprenticeship&Training-3!4 of 15. National Dec.Ben.fund-Y' LT1Lm'FORK Classifications Ratc Effective _1 Date of Increase * t Joumcyman Lineman 522.61 9/96 i *Lineman Operator $19.51 9/96 *Groundman 515.10 9/96 FFvlgc Benefits Health&Welfare -S2.00 Vacation Holiday Trust- ]0%% National Electricians Annuity Plan- 19% Apprenticeship&Training-3/4 of 1% National El=.Ben.Fund-3% *ANNUAL iNCREM04TAL INCREASE t :4 ou•rsnxr.rN3 ANNUAL WAGE ORDER NO.3 9/96 t v S REPLACEMENT PAGE OUTSIDE ELECTRICIANS . COMMERCIAL WORK OVER: Eight(8)hours shall constitute a work day between the hours of 7:00 a.m and ,4:30 p.m.,and forty(40)hours within five(S)days,Monday through Friday inclusive, shall constitute the work week. Work performed in the 4th and 10th hour,Monday through Friday;shall be paid at time and one-half(1%s)the regular straight time rate of pay. Work perfom>Cd outside these hours and on Saturdays,Sundays and legal holidays shall be paid for at the rate of double(2)time. ' HQ 'AY RATE: All work performed on New Years Day,Memorial Day, Fourth of July, Labor Day,Veteran's Day,Thanksgiving Day,Chdstrnas Day,or days celebrated as such, shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. a •J �1 t • I r J oumsTt.nPAw3 ANNUAL WAGE ORDER NO.3 5/96 r; } •,« ; AEEIDAVIT OF GOMPLMCE pUB1"_0RKS_C_0N1RACISIAVY I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as i by 2. That was awarded a public works contract for Project No.31038,Algoa Spur Sewer Crossing. 3. That I have read and am familiar with Section 290.290 RSMo (1993 • j i Supp.) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. That has fully complied with the Jprovisions and requirements of Section 290.290 RSMo(1993 Supp.) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of 99 ` I i NOTARY PUBLIC My Commission Expires: r , i STATE OF MISSOURI l RI ) I COUNTY O )ss F ) ;J .L r :111 5/27/97 , zi 1 i s •t s , } J 4. i EXCEMIVI-UNEMP-LOYMENT-EXCEP_TLOhLCERTIEIGATI.ON I, the undersigned, , of lawful age, first being duly sworn,state to the best of my information and belief as follows: 1 1. That I am employed as by 2. That was awarded a puLiic „t . works contract for Project No.31038,Algoa Spur Sewer Crossing. 3. That I have read and am familiar with Section 290.290 RSMo (1993 Supp.) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public i works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri,which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of since no Missouri i laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. J AFFIANT Subscribed and sworn to before me this day of ' 19 NOTARY PUBLIC My Commission Expires: J APPROVED BY: ar DIRECTOR OF PUBLIC WORKS,CITY OF JEFFERSON,MO f t. t i C-ONSTRUCTIIONI CQ.)LiMACT THIS CONTRACT, made and entered into this 1 1-V"�'day of , 1997, by and between Freesen,Inc.hereinafter called"Contractor",and the Ci of Jefferson, Missouri, a municipal corporation, hereinafter called "City". ff WITNESSETH: That Whereas, the Contractor has become the lowest responsible p bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No.31038,Algoa Spur Sewer Crossing. NOW THEREFORE,the parties to this contract agree to the following: 1. Mannerand-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 180 working days from the date Contractor is ordered to proceed,which order j shall be issued by the Director of Public Works within ten(10)days after the date of this j contract. 2. Prevailing_Wagm 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 I Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 3, Section 026, Cole County as issued on April 1996 and last modified in December 1996 in which the rate of wages is set forth. The JContractor 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 I thereof that the workman is paid less than the stipulated rates for any work done under j this contract,by the Contractor or any subcontractor under the Contractor. C:1Y�9BCb 46.C' 5/27/47 � s i 3. tnsuranae. Contractor shall procure and maintain at its own expense during the life of this contract: (a) W_orkmens—Compensation_Insurance for all of its employees to be engaged in work under this contract. I (b) Contractor's_L'ublic-iability- lnsurance in an amount not less than I� $1,000,000 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$1,000,000 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) Automoblleliability_insurance in an amount not less than$1,000,000 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) QwnerS-P-ole ativeliability_.lnsurance-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 $1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence,except for those claims governed by the provisions of the Missouri Workmen's Compensation Law,Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs(a), (b), and(c)hereof and in like amounts. (fl Scope of Insurance and ci 9pea! 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. 5/47/91 I . V j bLOTS: 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 I 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. G antractoes-Responsibility-foT-SubLontractors. It is further agreed that j Contractor shall be as fully responsible to the City for the acts and omissions of its 1 subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work,to bind all subcontractors to Contractor by all the terms herein set forth, insofar as -, applicable to the work of subcontractors and to give Contractor the same power J regarding termination of any subcontract as the City may exercise over Contractor i 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. Uquidated-Damages. No liquidated damages shall be charged against Contractor by the City for work connected with this project. The City's remedy for failure of the Contractor to diligently pursue the work shall be termination as provided --� by paragraph 6 and actions for actual damages. The City acknowledges that Contractor is potentially obligated through a Missouri Highway Contract for liquidated damages of$1,500.00 per day. Should the work contemplated under this contract cause Contractor to be subjected to the payment of liquidated damages due to the performance of work for the City, City shall reimburse Contractor for up to one day of liquidated damages($1,500.00). 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 , 1( i ' J 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 It 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. 1 ! 8. ln.de.mnity. 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 I 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 --i any act or omission of Contractor,its servants,agents,or subcontractors,or arising out j of the award of this contract to Contractor. 9. L'ayment_forLabor and-Materials. The Contractor agrees and binds itself to _I 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 iinsure the payment of all materials and labor used in the performance of this contract. 10. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out I in Section 144.062 RSMo 1986 as amended. Contractor shall keep and maintain i records and invoices of all such purchases which shall be submitted to the City. � J 11. Payment. The City hereby agrees to pay the Contractor for the work done —; pursuant to this contract according to the payment schedule set forth 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 ------ 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. The total amount of this contract shall not exceed $15,154.82 (Fifteen thousand one hundred fifty-four dollars and 82/100) Dollars. i 12. Contract Docu menu. The contract documents shall consist of the following: a. This Contract f. General Provisions i b. Addenda g. Special Provisions J c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawings and/or sketches e. Signed Copy of Bid c.�waeocejmsy. 5/si/ai J . J 5 q {r 1 „ r 4 This contract and the other documents enumerated in this paragraph,form the f Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. l'9 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 I d ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any j employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Noticm All notices required to be in writing may be given by first class mail addressed to the Director of Public Works, City of Jefferson, 320 East McCarty, I Jefferson City, Missouri 65101, and Contractor at 316 South Pearl; Bluffs, Illinois i 62621. The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Juriadiction. This agreement and every question arising hereunder shall be j 1 interpreted according to the laws and statutes of the State of Missouri. 16. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals ' J this /1s day of_ �� , 19 q2 z. CITY OF JEFFERSON, MISSOURI r Mayor APPR E O FO TTEST: C �Vli / ,i Counselor City Clerk J I CONTRACTOR Title: �b s • If , r I Nf.E REVIEWED SERE-0-RMANLGE, P-M-MENT-AND_GUAR�►f��E�B_AD l BY: date: V 8 KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned Freesen, Inc. hereinafter, referred to as"Contractor"and Firemm's Fund Insurance Com[:any I ys i I a Corporation organized under the California laws of the State of and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson,MO hereinafter referred to as"Owner" Fifteen thousand one hundred fifty-four and 82/1 � in the penal sum of Y- R90LLARS ($__15,154.82 ), lawful money of the United States of America for the I 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. J THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; i t WHEREAS,the above bounded Contractor has on the day of , entered into a written contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and J 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: j NOW THEREFORE,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 Jand 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 j acceptance by the Owner, then this obligation shall be and become null and void; IJ ` T + 1 otherwise it shall remain in full force and effect. PROVIDED FURTHER, 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 and tools consumed or used In said work,groceries and foodstuffs, and all insurance premiums,compensation liability,and otherwise, or ! any other supplies or materials used or consumed by such Contractor or his,their, or y' . 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: w . PROVIDED FURTHER,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 time, 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 prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the rJ construction of the Improvements as designated, defined and described in the said contract,specifications and conditions 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 obligation together with interest as provided by law: IN TESTIMONY WHEREOF,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 attomey-in-fact duly authorized thereunto so to do, at ` Decatur, IL on this the .J 17th day of June , 19 97 FIFtt MIS FUND INSURANCE CW&ANY PREIMM, 11r. 1 SURETY COMPANY CONTRACTOR 1 BY lk (SEAL) BY (SEAL) i na d A KCK)Pnr BY (SEAL) BY (SEAL) Attorney-in-fact (State Representative) (Accompany this nd with Attomey-in-fact's authority from the Surety Company certified to Include the date of the bond.) SURETY ADDRESS: 777 San marin Drive ' c:�w�gae�ssfcc Ito, CA 94998 41.5-899-2000 t s p ---- � - - - _r•- • _. - -mow !f t • I I r . State of IllinOil County of Macon 5S: On 6j1,7j97 before me,a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Ronald A Koop an known to me to be Attorney-in-Fact of Firaman rs @7and Insurance Corr ny the corporation described in and that executed the within and foregoing instrument,and known to me to be the person w oxeculed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation execute t same. IN WITNESS WHEREOF.I have hereunto set my}rand and affixed my official e y th day and yea 'ated I this rtitioate above, OOOOPOOJ09000oM0�000000 ' "OFFICIAL SEAL" My Commission Exp s KINS Notary b s e o no 0 My Commisslon Explres10-9-00 Not ry blic 360212-6 66 �i00000N000NNN��NNN {.l 4� ..-,-ww-- +-�.�.,..�.--�..^+�-+ter--�-•----++.n+w+--�T-'"�_"r____-_—,.-_�—� _ _ _ _ _ _ ____ __ _-_� _ _�._ _� � __-.�_ - _ ,_ _ . i GENERAL I ATTORNDY FIREMAN'S FUND INSURANCE COMPANY KNOW ALL IsIEN BY TIIFSE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a Corporation duly organized and existing under the laws of the State of California,and having its principal office in the County or Morin,Stale of California,has made,constituted and appointed,and does by IKesc presents make,constitute and appoint LINDA L. HOPKINS. KEVIN J. BREIIENY, RANDY S. CANNADY, TIM R. PATTON and RONALD A. KOOPMAN, jointly or severally DECATUR IL its true and IawrufAttorney(s)•in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations In the nature thereof-------------------------------------- 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 corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that[fie said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections45 and 46 of By-laws of FIREMAN'S FUND INSURANCE COMPANY nowin full force and effect. "Article VII.Appointment and Authority ofRcsident Secretarics,Attorney-In-Fart and Agents to accept Legal Process and AfakeAppearances, Section 45.Appointment.The Chairman of the Board of Directors,the President,any Vlce-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to lime,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for acid on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,At[ornq's-In-Fact and Agents shall be as prescribed in the Instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 7th day of August,1994,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of this Corporation,and the seal of this Corporation maybe affixed orprinted on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF,FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate 1st January 92 I seal to be hereunto affixed this__day of 19— FIREMAN'S FUND INSURANCE COMPANY +.va zo By Vice•Prnident STATE OF CALIFORNIA l ss. COUNTY OF MARIN Onthis 1St day of January 19 92,before me personally came_ R.D.Farnsworth I tome known,who,being by me duly sworn,did depose and say:that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY,the Corporation described in and which executed the above instrument;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 order of the Board of Directors of said Corporation and that hesigned his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and vear herein first above written. OFFICIAL NOTARY SEAL ' EI rte ''= A KRIEGER r.o r`ON: Notary Putllc—California '` IAARW COUNTY Noury Pubii My Coa.m.Exp ?AAR 20,1995 I CERTIFICATE STATE OF CALIFORNIA 35. I COUNTY OF MARIN 1,the undersigned,Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY,a CALIFORNIA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full forceand has not been revoked;and furthermore that Article VII,Sections 45 and 46of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now In force. Signed and sealed at the County of Marin.Dated the l7t]1 day of June 19 97 , �'''"•z. /-`�,�,Sri% Rnidenr Annum 5ecrsrny . I 36071 1-FF-9.92 ��1 i .Y 1 e � i MHDRI6r. CERTIHCATE OF INSURANCE CSR Si DATEIMMIDDIYYI ; FRE5000 07/30/97 I ;s4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGI4TS UPON THE CERTIFICATE J.L. Hubbard Company-Decatur HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3 S. Pershing Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. tur I1, 62526 COMPANIES AFFORDING COVERAGE COMPANY 217-877-3344 _J _ A _ General Casualty Co. of IL INSURED COMPANY 0 COMPANY Freesen, Inc. C P. 0. Box 350 COMPANY Bluffs IL 62621 D I ' COVERAGES THIS IS TO CERTIFY THAT THE 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. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYI DATE IMM/DD/YYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE 12,000,000 A X COMMERCIAL GENERAL LIABILITY CCI 0034456 08/01/97 08/01/98 PRODUCTS-COMP/OPAGG 12,000,000 CLAIMS MADE C]OCCUR PERSONAL G ADV INJURY 1 1,00D,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 1 2,000,000 FIRE DAMAGE IAny ono Ilrol 1 10D,00 0_ MED EXP(Any ono poro ) 1 5,000 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT 11,000,000 A X ANY AUTO CBA 0034456 08/01/97 08101198 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS IPor porsonl 1 X HIRED AUTOS OODILY INJURY NON-OWNED AUTOS IPor—d.nR PROPERTY DAMAGE 1 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 1 i ANY AUTO OTHER THAN AUTO ONLY: . EACH ACCIDENT 1 AGGREGATE 1 EXCESS LIABILITY EACH OCCURRENCE 1 10,000,000 ' A X UMBRELLA FORM CCU 0034456 08/01/97 08/01/98 AGGREGATE 110,000,000 OTHER THAN UMBRELLA FORM 1 A WORKERS COMPENSATION AND X I STATUTORY LIMITS _ EMPLOYERS'LIABILITY EACH ACCIDENT 1 100,000 THE PROPRIETOR/ FX7 INCL CWC 0034456 08/01/97 08/01/98 DISEASE•POLICY LIMIT 1 500,000 PARTNERVEXECUTIVE OFFICERS ARE: EXCL DISEASE•EACH EMPLOYEE 1 100,000 OTHER A Instal. Floater CIM 0034456 08/01/97 08/01/98 Occ/Agg 500,000 A Hired/Leased Equip CIM 0034456 08/01/97 08/01/98 Total 2,500,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLE SISPECIAL ITEMS Re: Jefferson City, MO Algoa Spur Sewer Crossing Project No. 3103Q Contract Amount $15,154.82 CERTIFICATE HOLDER CANCELLATION FRE1160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Jefferson Department of Public Works BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 320 E. McCf:.rty ,Street OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Jefferson City MO 65101 AUTHORI2EDR EBENTATIVE I ACORD 26-S(3/931 / / %RD CORPORATION 1983 Mora I 1 s ' I i f I� I AWDORUD. INSURANCE BINDER CSR SJ DATE IMMIDD/YY) � _06/16 97 3 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, FRODUCM '�FT10—�/t•— COMPANY E1ND21 f 217-877-3344 15757 . Hubbard Com ap Docatur General Casualt Co. of IL f p y —IFF[CTIV� PI ION Y E. Pershing Rd. DATE TIME _ DATE TIME oatur IL 62526 06 16 97 12101 PM 07 16 97 NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE' 0100255 _ BUs CODE: PER EXPIRING POLICY#: CUSTOM IG• FRE5000 DESCRIPTION OP OPMATIONII(VENCLUIPROPERTY Ilnoludln0 Lmadon) INSURED For work performed bys Freesen, Inc. City of Jefferson Dluffs, IL3562621 Department of Public Works 320 W. McCarty Street Jefferson City, HO 65101 COVERAGES LIMITS TYPE OF IN SURANCE COVEAAGFAORMO AMOUNT DEDUCTIBLE COINS PROPERTY CAUSES OF LOSS BASIC F—IB...O SPEC tlENFRAL UAWUTY �.lJ GENERAL AGGREGATE s2,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO 1 CLAIMS MADE �OCCUR �1 PERSONAL 6 ADV INJURY 1 X OWNER'S&CONTRACTOR'S PROT /G �S /�f� EACH OCCURRENCE s2,000,000 FIRE DAMAGE(Any err 14.1 1 RETRO DA' Q,�l�.r�t/�.� l:N�7 f�l��� MED EXP(Any err Fatten) 1 AUTOMOBILELIALULITY COMBINED SINGLE LIMIT 1 ANY AUTO �r / BODILY INJURY[Per wraonl t , / ALL OWNED AUTOS �..— S BODILY INJURY IPar accident) It CHEDULED AUTOS PROPERTY DAMAGE i HIRED AUTOS ^ N.���I•)[7 MEDICAL PAYMENTS 11 NON-OWNED AUTOS V`y / if PERSONAL INJURY PROT 1 UNINSURED MOTORIST 1 . CCC/ll�w 1 AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL ACTUAL CASH VALUE COLLISION: '— STATED AMOUNT 0 OTHER THAN COL: OTHER 1 CARAGEUAIUUTY AUTO ONLY-EA ACCIDENT It ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT It AGGREGATE 1 EXCESS LIABILITY EACH OCCURRENCE / UMBRELLA FORM AGGREGATE 1 OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION 1 77FTATUTORY LIMITS , WORKER'S COMPENSATION EACH ACCIDENT / AND EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT 1 DISEASE-EACH EMPLOYEE 1 SPECIAL REs Jefferson City, MO CONDITIONS/ Algoa Spur Sewer Crosaing OVDt C Project No. 31038 ovE»AGES Contract Amount $15,154.82 NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN r ? AUTHORIZED REPRESENTATIVE ACORD 78.8 112/831 NOTE:IMPORTANT STATE INFORMATION ON ATTACHED PAGE CA RD CORPORATION 1993 C t It o i g� �� �y Can SJ OATS(MMAHINY) MhreAlalk�e INSURANCE BINDER __06/16/97 THIS BIRDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. R46NI COMPANY -- RINGERS 15757 TRODUCM ---�� N1 217-877-3344 1 General Casuslt Co. of IL __�aF�aw-_ Hubbard Company-Docatur —IEEE TIV4 TIMfi DATE TOE •E. Pershing Rd. DATE x AM x ,rD,AM 4 °satur IL 62526 06/16 97 121 01 PM 07/16197 NOON _ THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE AOOVE NAMED COMPANY PER EXPIRING POLICY S: CODE: 0100255 -- SUS CODE: DESCRIPTION OF OPEMTIONSIVEHICLESIPROPORTY(Inriur9n/looetlonl c UNCY ID• FRE5000 For work performed by: P. o0. Box 350 I INSU7tED City of Jefferson Bluffs, IL 63621 Department of Public Works 320 W. McCarty Street Jefferson City, MO 65101 LIMITS COVERAGES E COVERAGE/FORMS AMOUNT DEDUCTIBLE COINS TYPE OP INSURANC % PROPERTY CAUSES OF LOSS BASIC BROAD❑SPEC , GENEflALAOGREGATE tZ O`.J UD0 ' GENERAL UAWUTY PRODUCTS•COMPIOP AGO I COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PERSONAL 6 ADV INJURY i EACHOCCURRENCE $2,000,000 x OWNER'S S CONTRACTOR'S PROT 'I FIRE DAMAGE IMy ens fuel 1 , RETRO DATE FOR CLAIMS MADE: MED EXP IAny one Person) 1 AUTOMOBILE UAIUUTY COMBINED SINGLE LIMIT 1 BODILY INJURY(Per Penonl 1 ANY AUTO BODILY INJURY IPer scclden(1 t ALL OWNED AUTOS ' CMEDULED AUTOS PROPERTY DAMAGE I MEDICAL PAYMENTS t �'+w HIRED AUTOS PERSONAL INJURY PROT 1 _ NON-OWNED AUTOS UNINSURED MOTORIST 1 ' t 1 j AUTO PHYSICAL DAMAGE DEDUCTIBLE ACTUAL CASH VALUE STATED AMOUNT • COLLISION: OTHER OTHER THAN COL: i AUTO ONLY-EA ACCIDENT i ' GARAGE UAWUTY OTHER THAN AUTO ONLY: ANY AUTO ' EACH ACCIDENT 4 AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE E UMBRELLA FORM AGGREGATE 1 OTHER THAN UMBRELLA FORM RETHO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION f STATUTORY LIMITS ' WORKER'S COMPENSATION EACH ACCIDENT t i AND DISEASE-POLICY LIMIT S . EMPLOYER'S UABIUTY DISEASE•EACH EMPLOYEE t RPECIAL REt Jefferson City, NO CONDITIONS/ Algoa Spur Sewer Crossing °aoVElaG� Project No. 31038 Contract Amount $15,154.82 NAME&ADDRESS. MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN S AUTHORIZED p"REAENTATIVE NOTE:IMPORTANT STATE INFORMATION ON ATTACHED PAGE pCORPORATION 1883 ACORD 76-8(12183) A�RD r I IIf, I I t . I oA.CHDRAD. CERTIFICATE OF INSURANCE CSR SJ DATE IMMIDD/YYI FRE5000 07/07/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J.L. Hubbard Company-Decatur HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Pershing Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. tur IL 62526 COMPANIES AFFORDING COVERAGE COMPANY 217-877-3344 !ti General Casualty Co. of IL INSURED COMPANY B COMPANY Freesen, Inc. C ___ P. 0. Box 350 COMPANY— -- -- -- Bluffs IL 62621 D COVERAGES THIS IS TO CERTIFY THAT THE 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 13EEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDNY) DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE 12,800,000 A X COMMERCIAL GENERAL LIABILITY CCI 0034456 08/01/96 08/01/97 PRODUCTS-COMP/OP AGO !2,000,000 ,y CLAIMS MADE I X i OCCUR PERSONALS AUV INJURY E 1,000,000 OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Any one liro) 1 100,000_ MED EXP(Any one Person) 1 5,000 AUTOMOBILE LIABILITY A X ANY AUTO CBA 0034456 08/01/96 08/01/97 COMBINED SINGLE LIMIT 11,000,000_ „ ALL OWNED AUTOS BODILY INJURY j — If'or Person) SCHEDULED AUTOS ' X HIRED AUTOS BODILY INJURY 1 NON OWNED AUTOS (Per accident) _ PROPERTY DAMAGE 1 GARAGE LIABILITY AUTO ONLY•EA ACCIDENT / ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 110,000,000 A X UMBRELLA FORM CCU 0034456 08/01/96 00/01/97 AGGREGATE 110,000,000 ` OTHER THAN UMBRELLA FORM / ' A WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT 1, 100,000 THE PROPRIETOR/ PARTNERS/EXECUTIVE X INCL CWC 0034456 08/01/96 08/01/97 DISEASE-POLICY LIMIT / 5_00,000 OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE 1 100,000 ., . OTHER A Instal. Floater CIM 0034456 08/01/95 08/01/97 Occ/Agg 500,000. A Hired/Leased Equip CIM 0034456 08/01/96 08/01/97 Total 2,500,000. DESCRIPTION OF OPERATIONS/LOCATIONSNEliICLES/SPECIAL ITEMS , Re: Jefferson City, MO Alg a Spur Sewer Crossing Pro it No. 31038 Con ract Amount $15,154.82 CERTIFICATE HOLDER CANCELLATION FRE1160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -•`^°+� 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Jefferson BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Department of Public Works 320 E. McCarty Street OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES. Jefferson City MO 65101 AUTHORIZED REPRESENTATIVE 1gACORD 26•S(3193) ` 1 IDACORD CORPORATION 1993 ( S s'' r- ���Ae �tgg1JI,nUeN-25-19Ap9�,71c4ep32��TT,E�, l: P.02/03 T�l� TlL'sE'tlgtY. �IYA.Z+vIt1VPw,P�;►l.s I � „•�..... _...,..... ,.-„� :. 0611G197 TH19 BINDER IS A_!VAPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OP THiS FORM. PRODUCER r _ COMPANY IVID[RI 15757 . � �,,; 217-877-a3a+ j General Car.ualt Co. of IL _ J.L. Hubbard Company-Docatur A E TIM9 DAY, TIM 333 S. Perching Rd. AM X It:a+ Decatur IL 61516 X •+,, 06/16 97 11:01 ►M 07/16 97 OON —4 i THIS DINDEA IS MSUQO TO EXTEND COVERAGE W THE ABOVI NAMED COMPANY cGDt, 0100155 Eu■coos: PER IXPVUNO POLICY E: MER ID: FR84000 DESCPrmnNOForERATroMSNEHICUIIPRO RTYUKW.IEe4HI”) If Inru For work performed byE Froaoen, Inc. D. O. Box 350 City of Jefferoon 81u!!s, IT, 61621 Department of Public Works 320 W. McCarty Street Jefferson City, MO 64101 COVERAGES. LIMITS TYn Of INSURANCE COVEBaavIOAMS AMOUNT DEDUCTIBLE COWS% A ! PPO"ITTV CAUSE5 or 1053 BASIC �BROAD a SPEC ` I I - � GENERAL UABILRY GENERAL AGGREGATE 51.000.000 COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIO►AGO S CLAIMS MADE �OCCUR PERSONAL 6 AOV INJURY X OWNLA•SS,CONTRACTORSPROT EACHOCCURRENCE $2,000,000 F.IE DAMAGE IA"on R..1 1 MFIC DATE FOR CLAIMS MADE: LIM EXP(Any CIN p.r,wJ E AUTOMOSILE IIASILl1•Y COMOWED SINGLE LIMB 1 ANY AUTO BODILY INJURY Iry P.—A) I . .. I µL OWNED AUTOS t000.Y INJURY Ire,xcida,tl I SCHEDULED AUTOS PROPERTY DAMAGE 1 ' HMO AUTOS MEDICAL rAYMENTS 1 NON-OWNED AUTOS PERSONAL INJURY MITT 1 . UNINSURED MOTORIST f AUTO PHYSICAL DAMAGE DEDUCTIBLE All VEHIClf3 SCHEDULED VEHICLES ACTUAL CASH VALVE COLLISION: STATED AMOUNT i OTHERTHAH COL: OTHER GARAGE LIABILITY AUTO ONLY•EA ACCIDENT 5 ANY AUl'0 OTHER THAN AUTO ONLY: EACH ACCIDENT 1 AGGREGATE i EXCESS LIADR.LTY EACH OCCURRENCE 5 . UMBRELUAFORM AGGREGATE 1 1 OTHER THAN UMBRELLA FORM RETRO DAYS FOR CLAIMS MADE: SELF-INSURED RETENTION 1 iSTATUTORY LIMITS WOPXEP•S COMPENSATION EACH ACCIDENT 1 AND DISEASE-POLICY LIMIT 1 EMPLOYER•t UABILRY DISEASE.EACH EMPLOYEE 1 i SPECIAL RYE J09foroon City, MO CONDITION!/ Algon Spur Sewer Crooning c°o��aGSS Project No. 31038 Contract Amount $15,154.82 NAME&ADDRESS" Rr ITgNAL WsunED MORTGAGEE ADD L053 PAYEE LOAN IF i AUTHORIZ O PE►RESENTATIVE ..0 1 ACORD.7 5 8 1121831 :.. NOTE:ONPORTANT STATE IN IRMATI NO ON ATTACHED PAGE 'D ACORD CORPORA710N 1989 i 4 - NUNN JUN-25-1997 14:32 P.03/03 ` CERTIFICATE OF INSURAN(A: ' �:::_'.:._'M�� PROOUMR HIS CERTIFICA-F[IS ISSUED AS A MATTER Of INFO"AT O _ ONLY AND CONFERS NO RIGHTS UPON Ti1B CRFITIFICA 0! J.L. Hubbard Company-Decatur HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 333 E. Perching Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i Decatur IL 62526 COMPANIES AFFORDING COVERAGE COMPANY t 7,-877-3344 ,. A General Casualty CO. Of XL WSUND COMPANY SEWED I B RAO R .. COMPANY Freoeen, Xna. C P. O. Box 350 COMPANY Bluffs IL 62631 D —.---»� CoVERAG6S tHIC IS TO CERTIFY THAT THC POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREP NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS •. CERTIFICATE MAY 06 ISSUEO OR MAY PERTAIN.THE INSURANCE AFFOADED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN AEDUC6D BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS T" tY►E OF WEURANCE POLICY NUMBTR DATE IMMMP/YTI DATE IM!RIDO/YTI LTR O[NEAAL LJAEIUTY GENERAL AGGREGATE 1 2,000,000 A X COMMERCIAL GENERAL LIABILITY CCI 0034456 08/01/96 08/01/97 PRODUCTS-COMPIOPAOG +3,000.000 CLAIMS MADE OX OCCUR PERSONAL 4 AOV INJURY $1,000,000 OWNER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE 11,000,000 FIRE DAMAOE IAnv mr Iva 1 100,000 ABED EXP IA,-r—pws-I 1 5.000 AUTOMOBILE LIAOLLfTf COMBINED SINGLE LIMIT 11,000,000 . A X ANY AUTO CBA 0034456 08101196 08/01/97 ALL OWNED AUTOS BODILY INJURY Iry pRtwo SCHEDULED AUTOS X MAID AUTOS BODILY INJURY 1 ' IFM KNBFn31 X NON•OWN[O AUTOS PROPERTY DAMAGE 1 �•. GARAGE LIABILITY AUTO ONLY-Fa ACCIDENT 1 ANY AUTO OTHER THAN AUTO ONLY. - ' EACH ACCIDENT 1 �•' AGGREGATE I EXCESSLIABILm EACH OCCURRENCE $10,000,000 A X UMBRELLA FORM CCU 0034456 08/01/96 08/01/97 AGGREGATE 110,000,000 OTHER THAN UMBRELLA FORM 1 A WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT 1 100,000 THE FROMETOR, X INCL CWC 0034456 08/01/96 08/01/97 DISEASE-POUCY LIMIT / 500 000 PARTNEACIFXECUTIVE DISEASE•EACH EMPLOYEE 1 100,000 OFFICERS ARG EXCL OTHER A Xnetal. Floater CIM 0034456 08/01/96 08/01/97 Occ/Agg 500,000. A Aired/Leaaod Equip CIM 0034456 08/01/96 08/01/97 Total 2,500,000. ` OFFCRIPMON OF O►E AATIGNNLOCATX7HiNpPCLXBIBPECUIL ITEMS I . Rat pJpe�Ifferson City, NO � Pro �ctpuNo.S31038Crooning Con ract Amount 5515,154.82 CERTIFICATE HOLDER CANCELLATION . FRx1160 SHOULD ANY OF TH!ABOVE DESCRIBED POLICIES CE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDEA NAMED"THE LEFT. City of Jefferson BUT FAILURE TO MAR SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY Department of Public Worke of ANY KIND UPON TNl COMPANY.ITS AGENTS OR REIRDiWTATJVLS. 320 E. McCarty Street Jefferson Cit AurHOR/IZeDRErn[S[NTAT y NO 65101 �✓ is VI:.ti'..r �'S'rkN'k+ �• '.1�0"-^"„`'v ACORD 25•S(3/93) D CORPORATION 1893 TOTAL P.03 _2011 11 �. 4 s ` I t ,I i GENES®L-L'RO-VISIONS 1 �... EORWARD i The following Articles GP-1 through GP49 are"General Provisions of the Contract",modified 1 as set forth in the Special Provisions. GP-1 CONTRACT DOL.I MENTS r. ! It is expressly understood and agreed that the Contract Documents comprise the Notice to r Bidders, Instruction to Bidders, General Provisions, Special Provisions, Bid, Contract, _ Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans, all Addenda thereto Issued prior to the 1 time of opening bids for the work, all of which are hereto attached, and other drawings, specifications,and engineering data which may be furnished by the Contractor and approved by the Owner,together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings,are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. L The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so Japplied have a well known technical or trade meaning shall be held to refer to such recognized standards. J The Contract shall be executed in the State and County where the Owner is located. Three(3) ti copies of the contract documents shall be prepared by the Contractor,each containing an exact copy of the Contractor's bid as submitted,the Performance Bond property executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One(1)with the City Clerk of the City of Jefferson One(1)with the Jefferson City Director of Public Works One(1)with the Contractor l GP-2 DEFINITIONS J Wherever any work or expression defined in this article,or pronoun used in its stead,occurs in these contract documents,it shall have and is mutually understood to have the meaning Jherein given: MOM -�' e:�wa�ab�a�aycc�� s zi ai 7 I r ! 1. "Contract"or"Contract Documents"shall Include all of the documents enumerated in the previous article. I 2. "Owner", "City", or words"Party of the First Part", shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. 3. Contractor"or the words Party of the Second Part shall mean the party entering into .� contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. "I 4. "Subcontractors"shall mean and refer to a corporation,partnership,or individual having a direct contract with the Contractor,for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Public Works, (i.e.,the Engineering Supervisor). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. 7. "Date of Award of Contract"or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. 8. "Day"or"days",unless herein otherwise expressly defined, shall mean a calendar day ! \ or days of twenty-four hours each. 9. "The work"shall mean the work to be done and the equipment,supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. • 1 10. "Plans" or "drawings" shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the 7 successful bidder with his proposal and by the Contractor to the City, if and when j J approved by the Engineer, and all drawings submitted by the City to the Contractor J during the progress of the work,as provided for herein. J 11. Whenever in these contract documents the words "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and ; Engineer is intended. ^� 12. Similarly the words "approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory",or words of like effect and import, unless otherwise particularly specified herein,shall mean approved, reasonable,suitable,acceptable,proper or satisfactory J in the judgment of the City and Engineer. � 3 c:�wa�aca�aaejccsW.w,..,..rt s/si/qi ,' � s , 1 13. Whenever any statement is made in these Contract Documents containing the , • expression "it is understood and agreed" or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the ..,.: City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s)under separate agreement with the City of Jefferson that prepared the w plans,specifications,and other such documents for the work covered by this contract. _ GP-3 THE-CONTRACTOR + -J It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work,the conformation of the ground,the character,quality J and quantity of the materials to be encountered,the character of the equipment and facilities needed preliminary to and during the prosecution of the work,the general local conditions,and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer,agent or employee of the City,either before or after -� the execution of this contract, shall affect or modify any of the terms or obligations herein contained. ! The relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE-ENGINEER 4 . The Engineer shall be the City's representative during the construction period and he shall observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. i The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole '1 responsibility during construction is to the City to endeavor to protect defects and deficiencies J in the work. J Any plan or method of work suggested by the Engineer,or other representative of the City,to the Contractor,but not specified or required,if adopted or followed by the Contractor in whole or in part,shall be used at the risk and responsibility of the Contractor,and the Engineer and the City will assume no responsibility therefore. I l 5/27/97 J" IL ' •. '. ... .._.--.•.--.-.w...w..ennv..•...n.'Nwu..amv....xv+..n.w.......v....n...e.w......._...... ._.....,........,.......tn...n...................... .......�.....n rr.. , 4 _ I 1 GP-5 BONR I Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient t surety bond In the full amount of the contract sum. This surety bond, executed by the Contractor to the City,shall be a guarantee: (a) for the faithful performance and completion ^y of the work in strict accordance with the terms and intent of the contract documents; (b) the a payment of all bills and obligations arising from this contract which might in any manner become a claim against the City;(c)for the payment to the City of all sums due or which may become due by the terms of the contract,as well as by reason of any violation thereof by the { Contractor;and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used, or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond i becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the contract may be suspended,all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. GP-6 LINMURANCE � 1 GP-6.1 GENERAL: The Contractor shall secure,pay for and maintain during the life of the Contract, insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts,form and companies satisfactory to the City. I �! The Insuring company shall deliver to the City certificates of all insurance required, signed by ' an authorized representative and stating that all provisions of the following specified i requirements are complied with. i J All certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written in an insurance company •:+ . authorized to do business in the State of Missouri. q. rtwa�a;atvaeyec�...=.� s/:�/vi 1 V; f, ` r j GP-6.2 FiOD1L_Y1NJ.URY-LIABILIDL&P-ROPERT_YDAMAGE LIABILII.ICINSURANCE (1) Bodily Injury Liability Insurance coverage providing limits for bodily Injuries,including death, iy of not less than$1,000,000 per person and$100,000 per occurrence. (2) Property Damage Liability insurance coverage for limits of not less than$1,000 000 p er one occurrence nor less than$1,000,000 aggregate to limit for the policy year. f i GP-6.3 G"019T13ACIOR!S_eROTECTIVf—BODiLILINJ.URYlIAB1Ll'L1C&"PRQTEC-'I1VE PROP-ERDLDA.MAGE-LIAB1LLMNSURANCE: (COYERIN-CzOP_ERATI.ONS ' OE"S"UBD.ONTRAC'LOBS) { (1) Contractors contingent policy providing limits of at least $100,000 per person and $1,000,000 per occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $1,000,000 per occurrence and $1,000,000 aggregate. GP-6.4 CON]BACTIIALI-IABILLU Property Damage coverage with$1,000,000 aggregate limit. T GP-6.5 OMEB_S_pRO_TECTIVE_LIABILLTYAND-BOPERTY DAMAGEINS-URMCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage —� insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. JGP-6.6 EXCLUSIONS The above requirements GP-1.2, 1.3, 1.5 for property damage liability shall contain no exclusion relative to: J (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) (2) Injury or destruction of property below the surface of the ground,such as wires,conduits, Jpipes,mains, sewers,etc.,caused by the Contractor's operations. c:�wv�bcb�as)ccsµ,.wa,..re s/21/ai (3) The collapse of,or structural injury to,any building or structure on or adjacent to the City's j premises,or injury to or destruction of property resulting)therefrom,caused by the removal of other buildings, structures,or supports, or by excavations below the surface of the ground. GP-6.7 AUT-OMOBILE-BOD ILYJNJ11R)LLIABILL D(—&-AUT-OMOBILE-P_ROL'EM- DAMAGE-LIABIU Y_"URANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than $100,000 per person and - $1,000,000 per occurrence, and property damage limits of not less than$100,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. i - GP-6.8 EMP_LOYEW&LIABILITY-AND_W-ORKMEN_S_COMRENSATJON j Employer's and Workmen's Compensation Insurance as will protect him against any and all " -- claims resulting from injuries to and death of workmen engaged in work under this contract,and in addition the Contractor shall carry occupational disease coverage with statutory limits,and Employer's Liability with a limit of$100,000 per person. The"All State"endorsement shall be - included. In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION-FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of I physical loss or damage to materials and equipment, not otherwise covered under Builder's _ Risk Insurance,when in warehouses or storage areas,during installation,during testing and ' until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage �j shall be for an amount not less than the value of the work at completion,less the value of the material and equipment insured under Builder's Risk Insurance. The value shall include the — aggregate value of the City-fumished equipment and materials to be erected or installed by the Contractor not otherwise Insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses,if any,to be adjusted with and made payable to the Contractor and the City as their interests may appear. i l � ^i If the aggregate value of the City-furnished and Contractor-furnished equipment is less than $10,000 such equipment may be covered under Builder's Risk Insurance, and If so covered, j ' this Installation Floater Insurance may be omitted. GP-6.10 CS?rIIRACIOKS-RESPOA1S1B1LLrLEOR_OIHER-LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations,the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics,any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's,his agents,sub-contractors,material men or his or their employees;to sheds or other temporary structures,scaffolding and staging, protective - fences,bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoever (except as hereinbefore provided)to the structure on which the work of this contract and any ! modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials,and supplies necessary to the work. GP-6.11 OONIRACTOR'S---RESI?ONSIBILITY ON—DAMAG.ES_&—CLAIMS I INl?EMNIEYIN.G CITY j The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses,damages,costs,expenses,judgments, or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them,for or on account of the failure,omission,or neglect of the Contractor 7 to do and perform any of the covenants,acts,matters,or things by this contract undertaken to be done or performed,or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents,or in connection with any claim or claims based on the lawful demands of subcontractors, workmen,material men, _J or suppliers of machinery and parts thereof,equipment,power tools and supplies incurred in i the fulfillment of this contract. GP-6,12 NOTIFICATION IN EVENT OF LIABILLTY_OR-DAMAGE _ Upon the occurrence of any event, the liability for which is herein assumed,the Contractor I, agrees to forthwith notify the City,in writing such happening,which notice shall forthwith give the details as to the happening,the cause as far as can be ascertained,the estimate of loss or damage done,the names of witnesses, if any,and stating the amount of any claim. j GP-7 ASSMIMFNT E CONTRACT -i The Contractor shall not assign or transfer this contract nor sublet it as a whole,without the i written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, ✓1J c:�w���:a�asjccgµ.�„a,..ps s/z�/ai r J together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fall to perform the work undertaken by him in a satisfactory manner,the City may at his option annul and terminate Assignee's contract. GP-8 S.Ufl CQbLTRACTS,J'.RINCIPAL.MM-ERIALS_&EQUIPMENT Prior to the award of the contract,the Contractor shall submit for approval of the City a list of I r subcontractors and the sources of the principal items of materials and equipment which he ! j proposes to use in the construction of the project. r The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any I subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their ., materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defect _ in such work that renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and proper for the reception of his work,except as to defects which may develop in the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work j covered by this Contract, the respective rights of the various interests involved shall be —1 established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. �'1 M c:\VPSX AC¢a1 cW---Pa 5/21/97 ob om � I -_.. GP-10 LEGALRESIRICnONS,-EERMIIS-ANQBEG.ULATLONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice !o those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws,ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. ; GP-11 ROYALTIES-AND PATENTS It is agreed that all royalties for patents or patent claims,infringement whether such patents are for processes or devices,that might be involved in the construction or use of the work,shall be j included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shal!be liable for any damages or claims for patent infringements,and the Contractor shall at his own expense,defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. i � GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL f i These Specifications and Project Plans are intended to supplement, but not necessarily { duplicate each other,and together constitute one complete set of Specifications and Plans so '1 that any work exhibited in the one and not in the other,shall be executed just as if it has been J set forth in both,in order that the work shall be completed according to the complete design of the Engineer. J Should anything be omitted from the Specifications and Plans which is necessary to a clear i understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the j construction affected by such omissions or discrepancies. It is understood and agreed that the ; work shall be performed and completed according to the true spirit,meaning and intent of the contract,specifications and plans. I . ' c:`wvga,^,a")ecN—.pa 5/27/97 ' J ✓ J , l I' j I GP-12.2 FJ-G_URED_DIMENSIONSSO GO-LERN Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not Indicated shall be executed until the required dimensions have been obtained from the Engineer, t•.I GP-12.3 C-ONTRAC-TOR.?SZCHECKP-LA S-AND_SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans, and — schedules given to him by the Engineer, and shall notify the Engineer of any discrepancy f between the plans and the conditions on the ground,or any error or omission in plans,or in the i layout as given by stakes, points,or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents,as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if j originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point,shall be regarded as meaning that only the best general practices,as accepted by the particular trades or industries involved,shall be used. I GP-12.4 STANDARD SPECIELCATIONS Reference to standard specifications of any technical society,organization or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. ` GP-13 CONSTRUCTION REPRESENTATIVEAT PRQJFCT The City may appoint or employ such"Construction Representative"as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed,in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and Instructions of the Construction Representative so appointed,when the same are consistent with the obligations of this contract " and the specifications therefor, provided, however, that should the Contractor object to any " 7 . Gt ....+'• c:�wsas:a�v�olcc9y.w..�a 5/27/97 Jhft J J 1 4 S ' t I� I� I order given by the Construction Representative,the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties,an intimidation or attempted intimidation of any one .� of them by the Contractor or by any of his employees shall be sufficient reason, if the City so t decides, to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City,whenever so ordered by the Engineer,without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. JAll condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents, the Contractor shall pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. _i The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes to use. - GP-14 I ItiFS eND GRADES The Department of Public Works will set construction stakes establishing lines,scopes, and continuous profile grade in road work,and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary Information relating to lines,slopes,and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract. � � C:\1YP90:b\6YFJJCCJµ....,.upd 5/27/91 4 v I I � I The Contractor shall notify the Department of Public Works not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. 1 The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines, offset stakes, --� bench marks,or other basic reference points checked by the Construction Representative may _i be ordered removed and replaced at the Contractor's expense. GP-15 C0MTRAC1 08S-RESL'ONSIBILITY_EORM ATE RIALS The Contractor shall be responsible for the condition of all materials furnished by him,and he shall replace at his own cost and expense any and all such material found to be defective in design or manufacture,or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to Jbe defective at any time prior to the expiration of one year from the date of final payment. J The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted,he shall forward a copy of the test results to the City. ..J I � GP-16 lt1lATEB ; J All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER � i J All power for lighting,operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 St1PERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work,during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics,tradesmen,and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who Is disorderly,intemperate or Incompetent or who neglects or refuses to perform his work in a satisfactorily manner,shall be promptly discharged. GA 1 J t J 1 It Is called particularly to the Contractor's attention that only first class workmanship will be acceptable. " GP-19 MAINTENANCE_OETRAEF�C Whenever any street is closed, the Police Department, Fire Department, and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the ^I section of the project if applicable. The route of all detours shall be approved by the Director of Public Works. All detour signing shall conform to the"Manual on Uniform Traffic Control I Devices". Throughout the project,wherever homes are served directly from a street or portion of a street 1 which is to be reconstructed under this project,the Contractor shall make every effort to provide 'b access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. i GP-20 BARRICADES.AND_LIGh1T_S i -� All streets, roads,highways,and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. -�� All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions,such as material piles and equipment, shall be provided with similar warning signs and lights. w All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum obstruction and inconvenience to the traveling public. All barricades,signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs,lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be _ subsidiary to the construction and no direct payment will be made for it. l GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES —� Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to i the City. The City does not guarantee the accuracy of such information. The Contractor shall J make every effort to locate all underground pipe lines, conduits and structures by contacting i owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or c:twvgecb\m'ccy,.Y.,--pi 5/27/q7 I i _.m_. ..,.v �_,.,,, a... ._............., mow. .. _.� ._._. b � r obstructions not shown by the plans,or found in locations different than those indicated, shall not constitute a claim for extra work,additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. utilities, other than sanitary sewers and water mains,which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. I GP-22 pRojFCUQN_QE RKAND EROP_Ef3ZY � The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public,employees f " of the City and employees of other contractors or subcontractors and all public and private f property including structures,sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work,or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs,warning lights and guards as required to provide adequate protection or persons and ' property. I The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the } removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property, the J Contractor, without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation, ` claimed by the Contractor on account of emergency work,shall be determined by agreement �.J or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out e l of Jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. J I :j GP-23 G.UARAi-ITEI-OE-M&TERIALS_AND_W._O.RKMANSHIL' The Contractor hereby guarantees the work in connection with this contract against faulty f materials or poor workmanship during the period of one(1)year after the date of completion of the contract. .1 GP-24 NQWAIYER_0E_R[G'HTS Neither observation of work by the City or any of their officials,employees, or agents, nor any order by the City for payment of money,or any payment for,or acceptance of,the whole or any part of the work by the City,nor any extension of time, nor any possession taken by the City or Its employees, shall operate as a waiver of any provision of this contract,or of an herein reserved to the City,or any right to damages herein provided, nor shall any aver/of -� any breach in this contract be held to be a waiver of any other or subsequent breach. u.1 , GP-25 USE-OECOMPLETED-ORTLONS If desired b the City,ty,portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work,and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDM0NAL,=1ME RCHAN.GELZWORK The Owner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be ' adjusted accordingly. All such work shall be executed to the same standards of workmanship '> and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost,and I not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to ••J actual pay quantities therefor as may be provided for in the Special Conditions,all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the �1 Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the location,character,amount, and method of compensation. No additional or changed work shall be made unless In pursuance of such –J written order by the Engineer,and no claim for an addition to the Contract sum shall be valid unless so ordered. � I If the modification or alteration increases the amount of work to be done,and the added work 5/il/91 i j i e or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal,then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. ..� Otherwise, such work shall be paid for as"Extra Work"as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done,such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: --1 1. Credit due the Owner for Contract work not done as a result of an authorized change. " 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. i3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen(15)days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. . j The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be ^J omitted. ' � Extra Work: "1 (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans _ or reasonably implied by the Specifications and not covered by the Contract proposal items and l which is not otherwise provided under this Article GP-21. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra J work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump sum e,�wc�oce�s�o3ecry�»� re 5/27/97 e . an ..........._....... i a i zJ 3. Method C: if neither Method A or B can be agreed upon before the work is started by force account. (Per Section 109, Measurement and Payment, Missouri State Highway and Transportation Commission. Missouri Standard Specification for Highway I Construction 1996. GP-27 SIlSP�N1SI.ON QE_V1lQRK The Owner may at any time suspend the work, or any part thereof by giving ten (10)days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But if the work,or any part thereof, shall be stopped by the notice in writing aforesaid,and if the Owner does not give notice in writing to the Contractor to resume within a reasonable period of time,then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned,if any. GP-28 QW..NER�SLRI.GHTSQIDOLWORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract,the Owner,after ten(10)days written notice to the Contractor,may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, GP-29 O.INrIEt3'_SBIGHT TO TERMIN ATE CONTRACT If the Contractor should be adjudged a bankrupt,or if he should make a general assignment n� for the benefit of his creditors,or if a receiver should be appointed on account of his insolvency, •.•ii or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or .J persistently disregard laws,ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract,then the Owner may,without prejudice to any other right or remedy and after giving the Contractor seven(7)days written notice,terminate the employment of the Contractor and take possession of the premises and of all materials,tools,and appliances thereon and finish the work by whatever method he may deem expedient. J In such case,no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including ,-j compensation for additional managerial and administrative services,such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance,the Contractor shall i pay the difference to the Owner. C.\WnAsc —rd yd 5/27/97 i 4 {p i 1 GP-30 CONI RA.CIQRzRIG t17SO_SIOP_VICORK_QRIERMINALE CONTRACT If the work should be stopped under an order of any court,or other public authority,for a period i. of three months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may,upon seven(7)days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and j any loss sustained upon any plant or materials and reasonable profit and damages, GP-31 IGSSES-1Bf"ATURALtCAtlSES — All loss or damage arising out of the nature of the work to be done, of from the action of the elements,or from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other natural or existing circumstances either known or unforeseen,which may be encountered in the prosecution of the said work,shall be sustained and borne by the Jj Contractor at his own cost and expense. GP-32 S1fNDAY•.HOLIDAY_AND-II_GHLWORK No work shall be done between the hours of 6:00 p.m.and 7:00 a.m.,nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written _ permission of the City;such permission however,may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. 4 I GP-33 UNFAVORABLE CONSTRUCTION CONDIIJONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. GP-34 OMITTED OWL— J i { I s � S . I GP-35 MATERIALS_AND-QUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for i' permanent installation in the work shall be new, unused,and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the ..� Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-36 D_EEENSES?F—SUMS 1 In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or _ performed,or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents,or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof,equipment, power tools, and supplies incurred in the fulfillment of this contract,the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses,damages, costs, expenses,judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-37 CHARGE—ORDER Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable Jby unforeseen conditions or events discovered or occurring during the progress of the work. GP-38 CONTRACT TIME t J The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days,this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project _j for six(6)hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six(6)hours,the day will not be counted as working day. J No working days will be counted from December 15 to March 15, both dates inclusive. T Saturdays,Sundays,and City holidays will not be counted as working days any time during the year. J 1 f GP-39 CQNI6ACUINIE EXIENSIQN The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he Is unable to work due to causes beyond his control,he shall state his reasons ^t In writing, furnish proof to establish his claim and state the approximate number of days he J estimates he will be delayed. Notice of Intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-40 LLQUIDATEQDAMAGES Time is an essential element of the contract and it is therefore important that the work be Jpressed vigorously to completion. Should the Contractor or in case of default the surety fall to complete the work within the time specified in the contract,or within such extra time as may be -� allowed in the manner set out in the preceding sections,a deduction of an amount as set out J in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public,after the expiration of the time stipulated in the contract,and will be deducted from any money due the Contractor under the contract,and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work j ^�• or any part of it after the expiration of the specified time,or after any extension of the time,shall in no way operate as a waiver on the part of the City or any of its rights under the contract. -� GP-41 MEASUREMENT AND PAYMENT E J (a) BASIS FOR PAYMENT s Contractor will be paid for quantities actually constructed or performed as determined by field measurement(except as may be hereinafter provided)at the unit price bid for the items listed In the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the j completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WOR J If the Engineer deems It expedient not to correct work that has been damaged or that was not done in accordance with the Contract,an equitable deduction from the Contract price shall be J made therefore. 5/27/97 I t' . 11 i 1 (c) LUM"UMITEMS Payment for each lump sum Item shall be at the lump sum bid for the item,complete in place, and shall include the costs of all labor,materials,tools,and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTIALP�AYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City Engineer or inspector. A — retainer equal to 10%of the amount of work completed to date shall be withheld. (e) ACCEI'TAN.CE_AND_EMALP_AYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection,and when he finds the work acceptable under the J Contract and the Contract fully performed he will promptly Issue a final certificate,over his own signature,stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30)days after the date of said final certificate. (f) AFFIDAVIT OF COMPUAN E I Monies due to the Contractor will not be delivered to the Contractor without presentation to the J Department of Public Works a Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. J t GP-42 BEI FAST OF-IABILLp( The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof,from all claims and liability to the Contractor for anything done or furnished for,or relating to the work,or for any act or neglect of the Owner or of any person relating to or affecting the work. GP-43 CERTIFICATIONS GP-43.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Public Works at least 24 hours before the product is to be used on the project. ; � 5/21/91 q. '• � � e:�wa�aa�esfee��� S 1 i GP-43.2 The City,at its option, may perform or have performed such tests as may be ' deemed necessary to further assure that only specified materials are Incorporated Into the work. I � GP-44 LQCAL_P-REEERENCE I In making purchases or In letting contracts for the performance of any job or serdice, the purchasing agent shall give preference to all firms, corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson,when the quality of the commodity or performance promised is equal or better and the price quoted is the same - or less. GP-45 EREEERERCP FOR U.S-MANUEACIUREQ G9ODS -' On purchases in excess of$5,000,the City shall select products manufactured,assembled or ' produced in the United States,if quantity,quality,and price are equal. Every contract for public Ii works construction or maintenance in excess of$5,000 shall contain a provision requesting the J contractor to use American products in the performance of the contract. -J GP-46 A1" RD OFSONTRACT-REJECILO�L9EBIQS A f I All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for I award of this contract. J The contract will be awarded to the lowest and best responsible bidder on the base bid 1 proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson,however,reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-47 AEEIQAYLT--� lli ' OF O I IANCE WITH PUBLIC WORKS'CONI�ACIS LAW -- i Upon completion of project and prior to final payment, each contractor and subcontractor I � hereunder shall file with the City of Jefferson,Missouri,Public Works Department,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements f of Jefferson shall not issue a final payment until relating affidavit Public is fi filed. contracts. The City i J ctw��ecb�axei°C -rd { ::t \ I � GP-48 MISS-0-URLLA13QBERBEQUIREMENT Whenever there is a period of excessive unemployment In Missouri,which is defined as any +. month Immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in Its monthly publication of employment and unemployment figures,only Missouri laborers or laborers from non-restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Public Works Director of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute,rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)clays and intends to become or remain a Missouri resident. GP-49 LIABILITY FOR C-GMPLIAN-C u Bl.l GJ6CORKS—C OBIRAC]S1.®YY AND MIMQURLLABORERREQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1993 Supp.), when in fact the contractor or ' subcontractor has not complied,to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only I'Aissoud laborers or laborers from non-restrictive states, absent statutory exceptions,whenever there is a period of excessive unemployment in Missouri, agrees to hold harmless and indemnify the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses Incurred by the City of Jefferson,Missouri,because of the contractor or subcontractor's failure J to comply. END OF GENERAL.PROVISLON$ •. . :J J c,�w�soca�aolcc,�^....n s/z�/ai J d� CMLOEJEEEER&ON r' DF.EAHIiyiENT OF UBLIC_WORKS STANDABQSP_EC1AL-PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions I n these specifications. f SP--1 22 INCH_STEEi-EAlCASEMENLPIEE-EOR_SANUAR_1LSEWER_GRO.%S hL An encasement pipe for a future sanitary sewer crossing under Aigoa Spur is shown on " the plans. The pipe shall be smooth wall welded steel with a minimum wall thickness f ] of 0.250 inch. Sufficient lengths of steel casing shall be used in order to minimize the { number of joints. All ends must be V grooved-butt welded to adjacent casing pipe around the complete perimeter of the pipe. Welds are to be waterproof and shall be equal to or stronger than adjacent pipe. Casing joining procedures must be such that concentricity of the entire complete casir i will be maintained. The installation of this crossing shall include the following: 1. Installation of the steel encasement pipe. i.' 2. Installation of caps or plugs on each end of the pipe. � i T 3. Installation of a ferrous(iron)metallic marker(post, pipe, rod,etc.)at each end of the pipe,extending from the buried end of the pipe to approximately three(3) y'y ✓// feet above the surface of the ground. A sign furnished by the City shall be attached to each marker. Payment will be made at the unit price per linear foot of complete steel pipe in place. i tz': Payment shall include all costs of furnishing and installing the pipe including excavation, backfilling,caps or plugs and markers. J i I t C:wOBBCd SRO Cc t, , , rr i �ry l } J ' c} st ' t JS I ��`ryo . +x ILMH. UIILIIY UUN51 . t5M' I . Ln ©d ' IGN I' I, �o� °5 645.307m2 (0. 16 AC. ) „ U ol— a �1 Ln tnr� • J' Q o+yti6 N 82'26 '03"E — ( �� I °o —° °wI a +1o �3�•t TEMP. ESMT. CONST, Wig! ``_ a> N I ti y�� 0J •t (DO NOT DISTURB �9„ _i I_ I �� I I`� z . ` oti 1 HT POLE) //h I e L ( 6ti. STA. 0+152 LGOA SPUR- +d°w I N ~ j y�5S55 O+SOO.00,/ALGOA RD. AND /// °wxn' O z o �r ONE CO OR WAY 1 / ->ca O NOaZZ ( N i N c O 0+1 85 0 25m (82.02'J ,yg Q+ O 1• M . P•� IS ! 3.350m1xh * N N . [ I TY E IT J ��ti0 N co ti of /> `�'}. ory ° ary�' 0 ^o � p e� ,yA i� ! �� ��ow � ^ � � NO ":q ' . , n 11 L C�HT POLE) • !'6 i ap O O h•'D •! x O t ae m y, < 3 h f� L/ /Y p o r it � O x \ PERM-ES \1p e�+` --I-..� 9Q �v^ N o) A ®I ESMT. E l� CHANNEL PlI/I N _/• 1 V\• a �v>f ° `r o r � l�6 NST.�' I ryOF r LEAN W7 �`lfyl I —�Ar GN r.J POSTY _ .r Oa PERM. ES. lEANOUT � eo 11 ,�F Do� 1 r E to r F2 rG O ` co n I E �' o ..� 00 O ` rn O C-A fir., i 1 N� M co O �O O m O �- ryco M PryE 00 s —0 N? I o Q o aow(.D+I•- I tGF-NWX 04 I .-<W I / +Q xErw ow ��>0 0 �' / STA. 0+103.46 ALGOA SP UR ^ O MISSOURI , PACIFIC R.R. ►Q-[r000w of 03 __.. ... • � 01 , ./.,........�,.�,..... t.._...._. � � . NI%U /� .. a . .. ....,.r . o..r ....,....tl._4,,. IvAk t t rr gp IF-MN. ui 1Li )Y c;UrvSi . t�M' I . 645.307m2 °�� O x (0. 16 AC. ) „ ah v / / 0 71� 'Q• x •b' \\\\ 5h"'n � /+Q p O E / p. xa 4 -26'03"E _o a o NIA ; / CD 0 ' TEMP. ESMT. CONST. TWS / a 'ins E! E -(DO NOT DISTURB �--- a I W c/A / PST (ncn 1 HT POLE) /e, I E 415 i46`RLGOA SPUR +Q-W Q % LO�RAL��A RD. AND / op X (::) r�� g i /� ��ao / ,•g9 to N co ry O r) NI ` � �. O ^ r� kAAy. `,�° hto 2 w 1-�� 00 f w�� `y �• t � ^• � NO DIST C� L CHT PALE)RB \ � NO p CHANc TEMP E 1 O 7o ESMT. LE NST 9 rB bF� x 0 �,• c -03-13-=26 I --- (R1 S.La•. i _ ft {H`t - - - - - - - - - - - - - - \ � • 8 �. 1 ( PERM. UTILITY ESM'T . 9j• ,,q I \ 1PERM ' MfL=TILITY CONST. ESMT. LEANOUT F ' .4� 1 Vi c� x s x !p mss. ca' h � �6 ti ` / �OF' p e O O l �l1���J tyo %o, 1 o f Po �� S9�X p c 00e ,'.1111, O �- co �O' _ l O 4',fl cA 1 r x v' ap I h fo n SI ! 2 F+0 w crl . `n w p �{rl-4 4 W o y_ ryr0 r7 to ryC . 'D i m o �. a a STA. ��33900 S ° ��• o ES co _ cq O a N(� N I P + E p pEi -0 •z Q `m S6 nrt+� (22///cH) X 5/ ('16 a z FT) o0 w ov~ I a s 5/y/oOTN WALL. WEZDC.r7 S7F�G P�P6 (DhNWk at W I .—O W 41�V, +Q xre.W uR °� �> o�-cv��- C/TY of J'EFFE2sol5/ �+9/ssov2/ > E E rn I �; =' I�c,oAk7r!%S? 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S/��//PSL-Wc2 CROSS/NG 46 1 o oa coo 1 ---- ------- .............. man 0 so MEN All ON ON MOON N ON No ONE momommom No All All All mom 11111111113111 No All OMEN ON mom All mom 0 No NONE All No ONE mom All mom All mom 0 All -ONO NUNN mom 0 ON All SUMMER OMEN No mom No No ONE No KNEW MM No MM ONE WE MEMO EMN MINN EN mum NM OMEN ON ONE 0 mom No ME All MEN mom All ME MONO ON All mom oil MENNE No EN Now mom 0 All INN moll ENO NM EN ONO Noll- MEMO 0 ON All mom All ME ON Am NMI ol MMlMM mom MEMON MI ME MENEM momomm mom All All 0 UNKNOWN , MEN =MEMO ON No All IN NEI MEMO ON 1-dl MEMNON an No All 0 Elm WOMEN mom M MEN All All All i J", No All NO EN MENEM MM MMMMM MEMO mom mom ON ON ONNEI ONE ONE mom 0 WIN No ON MM mom 0 No MEMO ENO No No NOON NOON ME No All MA- MMON MOM mom 0 ME mom MEN All No All NONE 0 No All ommom No OMEN MMEM No 11110 NONE No All UM ENO All MEMO ON All All 0 ENO All ME 0 on MOON= NUNN No ONE mom ON no 00 mommom 0 ONO OMEN now omm Nino All 0 MENEM KNEW MENEM MOON MMMM EMN SPIN MUNW, S: i.4 Via: s �■■C■■■■/ iii iii■ ■■■■i■/■■//■C■■/■NrNMM .3 7 ■■■■MOM■■ MIN mom RMIMMIN MEN ■■ ENE ; ;■MNMEN MNNMNMM■NMMM■C/OMEN no No ■MMMMMNMOMCNNMM■N■EMEMi _ rY, ,uKtkt rM■ME■MM■MM■M■/M■MNM mom ■N■NMN MENEMM■MME■NMMMMM■ //■/: ,n .■C■CNNM■■■■■■NMNMN.. .....MIN.■■■■MMENM■■MM■N MCM■■■ ON iMCMMM■■C MEN■MM//NM■N■MMMMN■EMMC■MENNMNNMMNNONM NONE NM .{ ■■MM■NONMMNN■NNE/mom ENmom Mmom MMONO OM■OMMM mom M■■MM■MCCON ` ■M■mom NN■M NONE MM/n N■MMNON■ONO OM■MMENMMMMOM mom MMMENEMM No j�MMNMMMmom MMMoil,EM■■M ■MMEMC■■M■■■EEMMMM■MONMMNMM■■M■M■■ MS No ll�N�"r MMNNE%MEMMN�lIMN■■NM�MN��N�MEnM■ ME MmM■NOO■mNEEMMMNMM M■MEEEM MINEQMN MNMN 'a ' 3 .ONMMMNSMENE■EMMMEE■EMNMMEMMEi NNMnEMMMMEMEMMMNNNEMMEEE " �NNANEr/MMMM■/MMM■MMNO M■CE I ER N G ME MEN NNE n■_C M_m MM_■_■M_nMn_■mM �M�MN ::y5 i2t EMMMNMMMM■CC■■■ ''' ;■----�-_�-_--_�---_-�mom@"= -------------MMNNMMNNMMMMMM NEW MINE ME IEEE ENE MEMO IN NONE „R X 4: lNMMMMMNMMM NNnMMMNMMMMNMMEMMMMnNMNMM ME IMMMIM[IMMM NEON mom I-rill R"llum '•5 :l�lMMMM■MMM MM mom MMMNN�MEEO■M■M■MMNNMEC NOON MMMCN■MMNn M OMMM M■■ ■■■M■■CMaM■■E ■■■■C ■EMMM� �.�M.�r0��,�n�l�rMS��r:�► E■ +wf} MMMMMMMMMNnMMMnMMMMOMMMNNnONM n �aMZt�r���aN 0 MEMO Mom EPIMMIN No MOEN ON NEON NONE MIUMMEMMIN M NEON MEN mom mom MMIMMMM mmommi 'fM■■■■■■M■MMMN/■EM■E MNMEMO NMMNN■■!u■■■M■n■MM■■N■■■MENo > M■■■■■■■■■MO ■■■■ENMMM ■■MNMNMNNn■EN■MrTZER �NMM■■M■■■■CON ■MMO■OMNOC■MM NEON OMMMNN■MMEE�.+��le As 'M '"N”[ .z rcttY �MMNMMMMMOM■MMCMMMMNNM■MNMMMMMMMMMMNON■MMIl ■■MIEEi Mi ■NMMONMMNN■MMNN■NNMMMMM■■■MM IWMRI M■■MMEMC iMMO■■■■■■C■■■MNMMMMOOM/MMMMMNMMMMOM■C■■MMCM■MMNM■ IMIMMA IMMMMMNMN■■MM■MMMNE■NM mom■MM■C■MMNMM� r ,ZiL��cE'JMr/ �1M1'►r�T� E MEMMIMMUM mom NEON 0 MEN mign, r : .. ..!, .i ..rte•, . 1. i SP--2 IECHNICALSRECIEWATI ON Q-D.-TAILS The Technical Specifications for this project shall consist of the 1996 version of �.� the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions,and Detail Plans. All construction details included with the plans and attached hereto shall be used in constructing this project. SP--3 PARTIALACCEPTANCE i The City reserves the right to accept any part or all of the bid for the project. SP-A PRE_C ONSIRLWI10WC.0NEERENCE Prior to starting work,a pre-construction conference will be held to discuss the project, its scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner, The Engineer, the Contractor and his Subcontractors,and the Utilities,as well as representatives of any other affected agencies which the Owner may wish to invite. I .. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SPA PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, . is a requirement of this contract. (Reference Section I13-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at J the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-6 PROOF OF INS IRAN .E All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the J agent to sign the surety's name. I In addition,when an aggregate amount is included, a statement of the amount _i of that aggregate available to date shall also be attached. i J t.' I� 1 ~ SP--Z PRO-IECS-CO.ORD1NATLMM. LTIEI_E_PBOJECT_BID) G Only one project in this phase shall be under construction at a time unless prior j approval is obtained from the Director of Public Works. Construction on that project shall be essentially complete before the next project is started. i SP--8 MAILELOXE.S If U.S. Postal Service access to any mailboxes will be interrupted during construction,the Contractor shall contact the U.S. Postal Service to determine where the mailboxes should be set during construction. Mailboxes shall be reset at appropriate locations by the Contractor once work is complete. Any materials damaged by the Contractor shall be replaced with material of i better or equal type and quality at the Contractor's expense. SJP� TRAEELC CONTROL -URING_ -NSTRU-C-TION _ All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs,cones,and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other I _ potential dangers. On projects open to traffic, "ROAD CONSTRUCTION AHEAD"signs shall be placed appropriately. On projects closed to traffic Type III barricades signed "ROAD CLOSED" shall be placed at both ends of E construction. � r SP-10 AOCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the —i Contractor shat � I notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient { length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. f i Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches,ditches or other barriers and obstacles for pedestrian J traffic. Appropriate devices shall be used to warn the public of the dangers that —1 may be present. J SPA I PROTECTION OF A[1JAGFNT PROPERTIEC JSurface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. .� c:�waaocawCealcc.+�..„a,,,,pe s/z1/ai iA / 1 t� •. —.—�•-•e•�..mr •rnnwn•.urw.w•.wrv.n.rrwrrr+..�r.....,.._............... { , i SP-12 UTILLTIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. SP-13 RM"EMOMAL No explosives shall be used on this project within fifty(50)feet of a structure. Rock in these areas shall be removed by mechanical chipping,jack-hammering or other methods approved by the Engineer. i t. SP-14 UNDERGRADI GG -ROC"1S Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled I —� with a drainable material with top surface choked with fines for proper subgrade ' preparation. No direct payment shall be made for backfill materials. The only payment made shall be for cubic yards of rock excavation, SP-15 RODEDRAINS All roof and/or foundation drains that discharge into an existing ditch section, storm sewer or curb shall be connected to the proposed storm sewer or curb. I See Technical Specifications Section TS-29, Downspout Drains. SP-1B SM GRADE-SSABIL AU N Payment for crushed stone for subgrade stabilization shall be per ton of material provided, based on tickets submitted to the City at the time the work is done. Payment shall be at the unit price bid which shall include all labor, materials, tools and equipment necessary to stabilize the area including removal of unsuitable material,disposal of the material off-site and subgrade preparation. j J SP-11 Z S_ROLLED STONE-BASE Payment for 3"Rolled Stone Base shall be made by square yard measured from back of curb to back of curb, plus one (1) foot. Any additonal thickness necessary under the curb and gutter section, that might be needed if the curb and gutter section is placed separately, shall be subsidiary to this item. No l additional payment will be made. ..1 SP-11 8 REPAIR OF DRIVING SURFACE All sections of pavement damaged or removed during construction shall be replaced in accordance with the following requirements: c:`wa�oce�vaofcc�,.W.w,�a ys,/vi ' �� J t. + 11{{t -,_�..._.., , m Mao_.w.vv.....nx.w.+..n..,........—......_».............�......,.....>. .r..v...�...o:+.. ...a...-..........., ....a............ .«.», �..—;..._f ......,..... .,—.....y�„ t. .. r. r t +� t r Existing Pavement Base S-urface PCC Street -- 6"PCC Bituminous Street 5"PCC 1?/s"AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix is not available. The cold mix shall be removed and the permanent hot mix shall -i be installed when it becomes available. Chat drives,alleys, and parking areas shall be resurfaced with crushed stone —� in the areas disturbed. jIn all areas disturbed by construction activities, replacement and repair of the driving surface shall be subsidiary to construction. J; SP-19 AQJ.USTMELtIlOEAML.ITY SERVICES � f The necessary adjustment of utility services such as water,gas,telephone,and electric,including meters,valves and other appurtenances shall be subsidiary to the work. 'I -� SP--2Q PLUGGING AND ABANI2QNMENT XE EXISTING PIPES All pipes to be abandoned shall be plugged and sealed with portland cement concrete at the locations as shown on the plans. All pipes to be abandoned shall be completely filled with clean sand. The sand shall be blown into the pipe by using compressed air or other such means. I All plugging and filling of pipes shall be subsidiary to the work. SP-21 EXCAVATION FOR SANITARY SEWEl3 All excavations required to install the sewer pipe, manholes, and other necessary appurtenances shall be unclassified(for example no direct payment `l will be made for rock excavation,the cost of which shall be included in the unit J price of the installation of any required item). j SP-22 INSTALLATION OF SEWER PIPE t The unit price for the installation of sewer pipe shall include all necessary excavations,ditching,backfilling,bedding,shoring or any other item required to ;t. J make the installation of the pipe. 11 MN 1Mr r, J ' I . �. SP-23 I IEMS—TO-SE-LEE'LIPLPL.ACE Items marked"LIP"on the plans shall be"left in lace". Any damage to these , r Items, or other items that were not to be disturbed by construction shall be } r+ repaired by the Contractor at his own expense. ' "t; IIY } SPECIAL..P_BQVJ$l.Q.bL$ d t �I t. r � ` 5' t I i r.+ f { t 1 } 1 S r t r f I t A � y 1 i 11 d 5/21/91 Ok v 5t trb 7.}�� t .tr t S � )tt tlrr Fti+14�+i,, ���,t/`•t •� ?��yl�l�t ✓1f f, pCtxy����y�r 1��r1. . :P �?�¢art �L�)' s ' 4�1 �I✓;irr t.;.YlrS:�,��� � h + tt4.�t r��tNl 4F '� .Ir y$ � '� .. `' �� I , . � ')Y �� r •S,tStjt`�.t�{ v fa� s�tl.t !r s e 1 � r,,•:.,,. �r'�) ��c�pxy''.fly��r7�i ;� . i'"2 '"`>��r���; , ,' - '•t] tR, Kl tic rd�q`>f' .:� I 7 _ Form W.MAW(Ra••tPpe) MISSOURI HIGHWAY AND TRANSPORTATION N COMMISSION ; i PERMIT APPLICATION .M 'Date ,195 212 trict 5 Excavation Permit No S-C " ) 1511 Misrsouri Blvd P.0,Box 718 Utility Route o- 3 County. C&-'Z-a Jefferson QV 551-02 Driveway Town Tc:� Inspector 7b,t , Pipe ` Phon® 9:4-2 c v.g Location Map Included Yes_ No Area Sup. Issued a /LY, Log Point r 1.57 h Pone Expires.., p .�'l � Gam--- ��•T�,,,�„�� •jab c�i�+� City of Jefferson i (Dame of Appiicanl/Contractor) Requests p�rmissiq�to perform the following work on State Highway right-of-way along the side. set or m es __ (idorneters om (SUM highway,County road,City sVW O(County line) Described as follows: For work to be Derformed on existing right-of-way at Station 0+339.00, j Alooa So lob No. •75Pt1667R) fn 4L.(NQDT r r?ro-rK)sed encasement pipe for future sanitary Se7:2r crossing as follows: Install a 560mm (22 inch) smooth wall welded steel pipe from east right-of-way line to west - right-of-way line at Station 0+339.00, skew 6' R.A., on Algoa Spur. Minimum wall thickness of pipe shall be 0.250 inch. Depth and other details as shown on attached plans. MODOT contractor for Job No. J51?0667B will perform work. I � t C � signed Signet__-'/� �1 (x� �--- rcan a r C itv oJefferson 320 E. McCarty Street Jefferson City, MO 65101 - Pity buts, tale pcooa " J (573) 634-6440 elopilDne Number) e ep ono m r Prior to issuance of a permit a deposit could be required. none❑, bond ❑, check ❑ J S is required. Hake check payable to: Director of Revenue credit Rord r=d. NOTE:The local govemment entity agrees to be responsible for inspecting and maintaining the sidewalk In a condition reasonably safe to the public and to Indemnity and hold the Commission harmless from any claims arising from the ronstr ion and maintenance of said sidewalk. DLOCAL GOVERNMENT ENTITY AUTHORIZED SIGNATURE Please refer to General Provisions on back side of this sheet before signing application. %L All FREESEN (�•a INC HEAVY CONSTRUCTION COMPANY , 316 SOUTH PEARL PO BOX 350 BLUFFS,ILLINOIS 62621-0350 . f F r OPHONE .3304 CSIME .3427:(217)754 TOLL FREE:(800)851-3363 1 i . I _i March 27, 1997 I' . Department of Public Works -1 Wastewater Division 320 Fa=t Mc_C;arty Street Jefferson City, Missouri 65101 Attn: Thomas Wallace J RE: Sanitary Sewer Casing J Job No. J5P0667B Dear Mr. Wallace J As per your request for a unit price for 22 inch steel casing pipe on the above mention project. Freesen Inc. submits a unit price of $90.10 per L.F. complete excluding '+ any rock excavation. JThe proposed casing is located in a 10 day road closure 1 n; under our current Missouri Highway Contract. Freesen Inc. will attempt to complete your work under this closure period. In the event we can not complete all the work required in this 10 day period we may incur a $ 1500.00 psi day liquida Zed damages for ,each day ..e exceed the closure period. Any additional cost incurred because of this wor}c will be paid for by the city. If you have any questions concerning this matter please call me at 217-759-3309. Since�e y :i ichard C. Mander Project Engineer 'i } • BRANCH OFFICES: d PO BOX N14 BLOOMINGTON,IL 61702.3414•-•.. ..PO SOX 5225 MORTON,IL 61I M5225 PO BOX 9077.1.72 S WABASH AVE. SPRINGFIELD.IL 62791AOT7 ' F7- 4 It TELEPHONE. 1709)6612147 FAX 13091663.4709 TELEPHONE 170912665542 FAX 17091266E071 TELEPHONE. 12171�6}2110 FAX.(2171 X63-0736 ' t I ! 4. , y 4 I I .: 4 GENER41- PROVISIONS ! Section 1, The signing of this application binds the applicant/contractor to the terms of this application,the permit when Issued anc the approved plans. If signed by Applicants contractor or that contractors authorized representative,the contractor wui be hold Jointly responsible for ail of the requirements of this permit until it Is released by the District Engineer. Section 2. It Is understood by the Applicant that the Missouri Highway and Transportation Commission does not assume any i responsibility for the removal or clearance of snow,ice,or sleet,or the opening of windrows of such materials,upon any portion of any driveway or entrance along any state highway even if snow,ice or sleet is deposited or windrowed on said driveway or entrance by its authorized representallves engaged in nonTd winter maintenance operations. Section 3. Highway plant materials,including trees and shrubs,will be protected by Applicant. Such materials and turf which are disturbed will be restored as directed by the District Engineer. Trees and shrubs will not be trimmed,cut,moved or sprayed withou' i spscific permission from the District Engineer. Section 4. In the case of Interstate and other limned access roadways,Applicant agrees,If permission Is granted,to Install, maintain,and service said facilities without entering and leaving the through traffic roadways and interchange ramps except at _ points provided for that purpose and without parking any equipment or storing any materials upon the medians,through roadways and ramps or the shouiders thereof. A temporary support pole to facilitate an aerial crossing may be placed in the median provides' It is stipulated on the face of this permit application and adequate flaggers or law enforcement officers are utilized to protect the traveling public. Support poles will not be permined within 30 foot of the edge of the traveled way. They shall be removed within one week unless specifically permitted otherwise at weekly intervals by the District Engineer. Section 5. Construction material and equipment may be on the right of way only during the period of actual construction providing It is not on the roadway shoulders,in the ditch or blocking sight distance. i Section 6. Applicant agrees that construction inspection will be provided by applicant to assure compliance with the permit i -� Sedion 7. Applicant/contractor will provide traffic control in accordance with the Manual on Uniform Traffic Control Devices., Section 8. Location of parallel utility facilities: (a) Applicant will be expected to determine Commission's right of way location from commission's plans. Upon written request and adequate advance notice,the Commission will re-establish missing right of way markers for utility permits. This will be accomplished on a permit by permit basis and then only If Commission has adequate personnel available. (b) Applicant will be responsible for staking between highway right of way markers as needed to assure accurate and uniform Installation of the parallel facilities In the utility corridor. Section 9. Applicant shall provide adequate preliminary engineering Including planning,and coordination with all concemed paniet to: (a) Confirm their contractor knows the rules and limitations for installations on highway right d way. (b Provide prelnstailatlon meetings to all parties on major installations. The established Missouri One Call System wilt help identify other utilities located on the right of way. (c) Include the name and telephone numbers of the design engineer and construction manager,as wen as the dimension of IN faculty from the right of way line on the permit application. SecOm 10. Applicant Is to provide adequate protection and marking of the underground fatuities as follows: (a) Fiber optic cable crossings are to be encased in steel pipe or other approved encasement material in accordance whh the tdhy policy from utility corridor to utility corridor. Variations due to encountering rock will be determined in the field by the District Engineer. �cWarning signs wX be installed at the right of way lines at road crossings(an underground utilities). For parallel underground facilities,warning signs shall be installed and maintained at the right of way lines showing the J• location d the utility when the utility is permitted to locate beyond the normal six foot wide utility corridor. Section 11. Applicant will construct the utility facility in such a manner that it may be accurately located both horizontally and vertically after installation. A detectable tape or trace wire will be installed with non-metallic buried facilities.Wherever feasible the ! metallic tracer line should be ui part of the utility facility. Acceptable ahematfves will be considered for approval, ! Section 12. An voids resulting from boring casing or other facilities under the roadways or approaches will be filled to the i satisfaction d the District Engineer. Method and materials must be approved by the District Engineer. r Section 13. Manhole covers will be Installed as flush as possible with natural ground fine so highway maintenance vehicles and equipmord may operate over them. If necessary,sal is to be placed around the manhole to provide a smooth transition to the I existing grade. a ,1 • r ' a MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION I / PERIIIIT 5.97-00113 parr it authorizes_ C' .� %�� �. to pcnonn stork on die right of nay or 6,_ in aartt / 7 to_ 07�-y i fOUh rY DATE LSMD DATE LaTIRLD All work covered under this permit is to be in accordance With die attached permit application and die following: 1. Missouri Standard Specifications for Highuay Constmction, Missouri Standard P4uu for Highway Constwction,and The Manual on Unifornh Traffic Control Denies(current editions)All utiliq•f acilitics will be installed and located and all other cork pciomhed in accordance with die Commission's"Policy on Location of Utility Facilities on State Rgdwvays"and other policies of the Missouri Highwva)and Truisportation Depamcnt. The Missouri Higlmuy and Transportation Department Itas buried facilities located on the right of nay. 1 2. No achertising signs or display material of an advertising mature is to be placed on or to extend over onto die right of way as covered in Section 227.220 R.S.Mo I 3. The Applicant agrees to hold harmless die commission its officers and employees from all liability,judgements,costs,c penes and claims growvhg out of damages of am.nature whatsoever,to am person or proper arising out of performance or non-perfomhancr of said work or c.,js7cnoe of said improvements. 4. All costs incurred due to the istiva icc of this permit shall be bome b%die applicant.dhc applicants successors.and assigns. _I 5. It is understood that in granting this pemut die Commission waives none of its power or rights to direct die removal,relocation and/or proper mainten;mce in the future of anything within the right of nay of the state highway at no cost to die commission. i6. The Applicant's depositor bond may be held until die vtork has been completed and has been approved by die District Engineer's representative. The Applicant agrees ilmal the Commission may,after the cxpiration date of this permit or cstension thereof:use as much of the deposit as maybe necessary to j ore,eomem or complete any and all work started or done by time Applicant b)•whatever mess time Commission deems neuss cry. The Commission may i- he deposit to oonw arm),hazard which the applicant/contractor does not correct upon notification ! 7. The obtaining of this permh does not relieve time Applicant of the respordibiliq•for obtaining other permits required by this or any other agency,having i jurisdiction I 8. Applicant agrees to keep a bopy of the permit,permit application and an approved plan on the job site. v. 9. Roadway ditches,adverts and other such dnies used to carry surface runoffwill be kept open,free and clear at all times. i 10. The state right of ova)-is to be used for ingress and egress ONLY and the adjacent property should be so developed as to not force time use of this right of J way for parking or to facilitate any other activity. I 11. No driveway or improvement constructed on the highway right of way,shall be al lend or relocated without permission of the District Erigineer. j. 12.Restricted areas are those areas of right of way adjacent to the Applicant's property wending to the back of the shoulder and outside the limits of the J drhM-,)(s).All restricted areas shall be prohibited from being used for parddng and traffic by curbing and/or suitable slopes,as Mated in this permit or on ate approved plan(s). All restricted areas shall be seed sodded or covered with ornamental_i seeded, aggregate not over 2 inches in size. Low growing gasses, t flowrrs,shrubs and evergreens if nod over 30 inches in height and maintained at that height will be permitted within the restricted areas,provided they do not J block sight distance nor are they an obstruction to the traveling public Prate electric lines Hill not be allov d on the right of way. All beautification of the right of way shall be approved by the District Engineer's representative before beginning any landscape work Boulders and landscape timbers of limited height may be incorporated into the beautification plan based on the merits of the landscape plan Deposit Ream ed S 1 Identification Number // /IT � By I ATTENTION PERM=E: When telephoning or writing to the Missouri Highway and Transportation District Office regarding this pertndt, state your Permit number for proper identification. 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( t,s . . 24, t, ?:?:F °Jt.J.t i 1,f :•4„ J., +• . " BONDS INSURANCE �.� A 13rehony'd/Issoriatcs CumP.Q1y' t ( -r,J !'.1'x!)7 S (Nov A� 1rf . . • EJUL 1 1997 July 11, 1997 Li;1;ALDEFiVWAEr;T ;nti,in i+nc)td .•.—...��-. __ :F'f li(?F`14'Fp 1tSH^,1/q1 nuinr!+t tit, City of Jefferson . Department of Public Works Attn: Thomas G. Wallace _ Wastewater Division Director 320 East McCarty Street 1 Jefferson City, MO 65101 RE: Jefferson City, MO Algoa Spur Sewer Crossing Project No. 31038 Contract Amount: $15,154.82 Dear Mr. Wallace, Enclosed please find the Owners Contractors Protective Policy, term of 6/16/97-98 -for the above noted project and the work that Freesen, Inc.rwill be doing on same. If you have any questions on this matter or need anything further, please do not hesitate to contact our office. Thank you. Sincerely, J. L. HUBBARD COMPANY - DECATUR ` Susan Jones`-' t ! Commercial Lines Enclosure hsj cc: Freesen, Inc., Bluffs, IL- Jim Buhlig .. Freesen, Inc., Bluffs, IL- George Anderson 4 333 E.PERSHING RD. P.O.BOX 3400 • DECATUR,ILLINOIS 62524-3400 • PHONE 217/877.3344 FAX 217/877.0795 Re ..t.,5 l:i•• 1 .'sc� atrr_. .,:r,l ; i•,•at;rar,„„•crt•x_7�+sxn.'t.ema<r...,,,..,,--•..-_.... r r• � y a .• t E general casualty COMMERCIAL LIABILITY POLICY .' i I / '� __-...-.,..._....._.�_...._,........,,....+.w...•,.,....,.-...ra......«.,.•e,-........J _....�_...�..�__ ....�....,.....K++..e.ne.+.avr..asasa�r..1�ra:b'�n.':'6',t4,h;t�'�S?''..*A;wY�~� . GENERAL CASUALTY INSURANCE COMPANIES f GENERAL CASUALTY COMPANY OF WISCONSIN A STOCK COMPANY r ONEGENERALDRIVE SUN PRAIRIE,WISCONSIN 53598 i i GENERAL CASUALTY COMPANY OF ILLINOIS A STOCK COMPANY 1125 S.KIWANIS DRIVE FREEPORT,ILLINOIS 81032 t i f l t ,M1 r REGENT INSURANCE COMPANY 7 , A STOCK COMPANY ONEGENERALDRIVE SUN PRAIRIE,WISCONSIN 53598 s i ,, � �✓.' 4 y i`•t i .t1..1 LCG79080392 ,y .t. .. 1 Y' (i. ..�..W4uav�r+NWfT.axYrCJG✓V.�-SRSIIX�Aa*ADrr7edv'mu:aW:rrvnr�m YAe 7t+.'ufim�,nsvtmhvm, rMUx'C-aJaHU.s+ruwaXl CST.'}1.TF.'S�f:7P.�.'l1C'�'�t4''�'GTS`�'.'�lT�Atl74t4a.�rarlw*u+T ^' ..•"^^++ve,i. 5 A 1 t fit{} t t' f _ r 'tt; r l� i ��: - • t,�i.' sF .t� 1 .t�}=�t.i t,*a� . • r IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ' POLICY PERIOD — 12:01 AM STANDARD TIME AT THE NAMED INSURED'S MAILING ADDRESS SHOWN IN THE DECLARATIONS. COMMERCIAL LIABILITY QUICK REFERENCE i This Commercial Policy consists of several Items as described below: 1. DECLARATION PAGES: The first Declaration lists the Named Insured, Policy Period, and the Coverage Part(s) Included In the policy. The Declaration applicable to each Coverage Part shows the limits of Insurance and endorsements that apply to each Coverage Part. i 2. COVERAGE PARTS: Each Coverage Part Is made up of a Coverage Form and Declaration(s), and Is subject to the Common Polley Conditions. The Coverage Form describes the nature and extent of coverage provided. It also Includes any conditions that apply specifically to that Coverage Part. 3. ADDITIONAL PROVISIONS OR EXCLUSIONS: �\ Some or all of the Coverage Parts may be modified by additional provisions or exclusions. When this happens, the i forms which contain those provisions or exclusions will be found after the Coverage Parts they modify. The form numbers will also appear on the Declaration of the Coverage Part(s) to which they apply. 4. COMMON POLICY CONDITIONS: This form lists some of the conditions to which you and we are subject. These conditions apply to all Coverage Parts attached to this policy. THIS QUICK REFERENCE IS NOT PART OF THE COMMERCIAL LIABILITY POLICY AND DOES NOT PROVIDE COVERAGE. PLEASE READ THE COMMERCIAL LIABILITY POLICY ITSELF FOR ACTUAL CONTRACTUAL PROVISIONS. IN WITNESS WHEREOF, the Company designated on the Declaration page has caused this policy to be signed by Its president and secretary, but this policy shall not be valid unless completed by the attachment hereto of a Declaration page and countersigned on the aforesaid Declaration page by a duly authorized agent of the company. ' f , Secretary President r , 1 . GA 2963572 ORIGINAL COPY , PAGE 1 OF 2 COMMERCIAL LIABILITY POLICY genera/casually AGENCY BILL NEW DECLARATION POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE AGENCY { GA 2963672 06/16/87 06/16/88 GENERAL CASUALTY CO OF WI 0100260 01 NAMED INSURED AND ADDRESS AGENT i CITY OF JEFFERSON J L HUBBARD COMPANY i DEPARTMENT OF PUBLIC WORKS 333 E PERSHING RD 320 W. MCCARTY STREET PO BOX 3400 i iJEFFERSON CITY, MISSOURI 65101 DECATUR IL 115 62524 FORM OF BUSINESS: BUSINESS DESCRIPTION: THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, COVERAGE PART TITLE PREMIUM OWNERS OR CONTRACTORS PROTECTIVE LIABILITY $ 227, MP i $ , TOTAL PREMIUM FOR ALL COVERAGE PART(S) $ 227. MP PREMIUM PAYABLE AT INCEPTION, IF OTHER THAN MINIMU SHOWNUABOVE: $ 100 FORMS APPLICABLE TO ALL COVERAGE PART(S) IL 0017 1185, CG 7906 0392 } . J . l AUDIT PERIOD: ANNUAL, UNLESS OTHERWISE INDICATED: ------- 07/09/97 ----------------- -------- CG 7900 (07-86) AUTHORIZED SIGNATURE DATE S } t ' , •.•.......,...-... .� r..... . n<na.stZ;w�r1:�.,... �%,4,`..,'�.xi::;n':�:+:iffF:Z...:V»i 7gU:.L";t;:�tsi332;'S:-.;:"i .,..-.ter L GA 2963572 ORIGINAL COPY general casualty PAGE 2 OF 2 COMMERCIAL LIABILITY POLICY AGENCY BILL NEW DECLARATION POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE AGENCY GA 2963572 06/16/07 06/16/98 GENERAL CASUALTY CO OF WI 0100260 01 NAMED INSURED AND ADDRESS AGENT CITY OF JEFFERSON J L HUBBARD COMPANY I DEPARTMENT OF PUBLIC WORKS 333 E PERSHING RD I ' 320 W. MCCARTY STREET PO BOX 3400 ' JEFFERSON CITY, MISSOURI 65101 DECATUR IL 115 62524 i OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART DECLARATIONS LIMITS OF INSURANCE AGGREGATE LIMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 EACH OCCURRENCE LIMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 ,000,000 f DESIGNATION OF CONTRACTOR I ; DESIGNATION OF CONTRACTOR: FREESEN, INC. MAILING ADDRESS: P.O. BOX 350 I BLUFFS, ILLINOIS 62621 j LOCATION OF COVERED OPERATIONS 1 ALGOA SPUR SEWER CROSSING, JEFFERSON CITY, MISSOURI PROJECT NO. 31038, CONTRACT AMOUNT $15, 154.82 PREMIUM TOTAL ADVANCE PREMIUM FOR THIS COVERAGE PART. . . . . . . . . . . . . . . . $ 227. MP ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART: CG 2929 0987, CG 0009 1188, IL 0021 1185, CG 2625 0892 I . j 1 ,C. CG 7903 (07-86) >,f o lit �s t GA 2963572 ORIGINAL COPY general cascealty ,PAGE. 1 OF 1 COMMERCIAL LIABILITY POLICY AGENCY BILL NEW DECLARATION i POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE AGENCY GA 2963572 06/16/97 06/16/98 GENERAL CASUALTY CO OF WI 0100260 01 NAMED INSURED AND ADDRESS AGENT CITY OF JEFFERSON J L HUBBARD COMPANY DEPARTMENT OF PUBLIC WORKS 333 E PERSHING RD !. 320 W. MCCARTY STREET PO BOX 3400 JEFFERSON CITY, MISSOURI 65101 DECATUR IL 115 62524 I T A T E M E N T O F A C C O U N T--- GA2963572 0110 AGENCY BILL CITY OF JEFFERSON 1 ( TOTAL POLICY PREMIUM . . . . . . . . . $227.00 BALANCE DUE 07/97 $227.00 r` SUBJECT TO AUDIT. r t YOUR INDEPENDENT AGENT IS WORKING FOR YOU ISSUE DATE - 07/09/97 PLEASE MAKE CHECK OR MONEY ORDER PAYABLE TO AND MAIL TO - J L HUBBARD COMPANY 333 E PERSHING RD PO BOX DEECATTUR3IL00 62524 �' 6•YLO 4Ml T r It' `+^•+'...facara ].5iE+xlrvaw�!uT.7t•G��:ti�':J!'T.i'.°Y*c�}iir;.d=,tiAY.^.8v',+':.v40"V:.•s-x.:9.`C=:,,.lKnve;,:k4'�`rxcw v4:✓:a+;i tS'+;:a:.'.L':51"i.^••cri7s Ri t:r..1§�at4�elr.M::RK�.�!�!�^?"""' :",^"'�If�(Q ;• ` it . a 1 1 I COMMON POLICY CONDITIONS � All Coverage Parts included in this policy are subject to the following conditions. 1 A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the We have the right but are not obligated to: Declarations may cancel this policy by 1. Make inspections and surveys at any time; { mailing or delivering to us advance written notice of cancellation. 2• Give you reports on the conditions we 2. We may cancel this policy by mailing or find; and delivering to the first Named Insured 3. Recommend changes. written notice of cancellation at least: Any ins ections, surveys, reports or rec- a. 10 days before the effective date of ommendations relate only to insurability and , cancellation if we cancel for nonpay— the premiums to be charged. We do not ment of premium; or make safety inspections. VVe do not under— b. 30 days before the effective date of take to perform the duty of any person or cancel lat organization to provide for the health or ion if we cancel for any other reason. safety of workers or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the 1. Are safe or healthful; or first Named Insured's last mailing address known to us. 2. Comply with laws, regulations, codes or 4. Notice of cancellation will state the ef— standards. fective date of cancellation. The policy This condition applies not only to us, but also period will end on that date to any rating, advisory, rate service or similar 5. If this policy is cancelled, we will send organization which makes insurance in— the first Named Insured any premium re— dationons, surveys, reports or recommen— fund due. If we cancel, the refund will dations, be pro rata. If the first Named Insured E. PREMIUMS cancels, the refund may be less than pro The first Named Insured shown in the Dec— rata. The cancellation will be effective larations: eefundf we have not made or offered a 1• Is responsible for the payment of all 6. If notice is mailed, proof of mailing will premiums, and be sufficient proof of notice. 2. Will be the payee for any return premi- 1 B. CHANGES ums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES This policy contains all the agreements be— UNDER THIS POLICY i tween you and us concerning the insurance afforded. The first Named Insured shown in Your rights and duties under this policy may the Declarations is authorized to make not be transferred without our written con— changes in the terms of this policy with our sent except in the case of death of an in— consent. This policy's terms can be amended dividual Named Insured. or waived only by endorsement issued by If you die, your rights and duties will be us and made a part of this policy. transferred to your legal representative but C. EXAMINATION OF YOUR BOOKS AND RE- only while acting within the scope of duties CORDS as your legal representative Until your legal We ma examine and audit our books and representative is appointed, anyone having Y Y proper temporary custody of your property records as they relate to this policy at any will have yyour rights and duties but only with time during the policy period and up to three respect to that property. years afterward. i ❑ IL 00 17 11 85 Copyright Insurance Services Office, Inc, 1983, 1992 jr ! i I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION i EN©( r�R�S�EiV�ENT oa orm This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1) The "nuclear material" (a) is at an y ,nuclear A. Under any Liability Coverage, to "bodily facility" owned by, or operated by or on injury" or "property damage:" behalf of, an "insured" or (b) has been dis- charged or dispersed therefrom; 0) With respect to which an "insured" under (2) The "nuclear material" is contained in "spent the policy is also an insured under a nu- p clear energy liability policy issued by fuel" or "waste " at any time possessed, Nuclear Energy Liability Insurance Associ- handled, used, processed, stored, trans- ation, Mutual Atomic Energy Liability ported or disposed of, by or on behalf of Underwriters, Nuclear Insurance Associ- an "insured;" or ation of Canada or any of their succes- (3) The "bodily injury or "property damage" sors, or would be an insured under any arises out of the furnishing by an "insured" such policy but for its termination upon of services, materials, parts or equipment exhaustion of its limit of liability; or in connection with the planning, con- �� (2) Resulting from the "hazardous proper- struction, maintenance, operation or use of ties" of nuclear material" and with re- any "nuclear facility," but if such facility is sect to which (a) an located within the United States of America, P y person i- its territories or possessions or Canada, this organization is required to maintain fi- P nancial protection pursuant to the Atomic exclusion (3) applies only to "property Energy Act of 1954, or any law damage" to such "nuclear facility" and any amendatory thereof, or (b) the "insured" property thereat. ti. is, or had this poy not beF.i issued 2. As used in this endorsement: would be, entitled to licndem-:',y from the "Hazardous properties" includes radioactive, United States of America, or any agency toxic or explosive properties. thereof, under any agreement entered into b the United States of America, or an "Nuclear material" means "source material," agent thereof, with an y agency y person or or- "Special nuclear material" or "by-product ganization. material." B. Under any Medical Payments coverage, to "Source material," "special nuclear material,.. expenses incurred with respect to "bodily and "by-product material" have the meanings injury" resulting from the "hazardous prop- given them in the Atomic Energy Act of 1954 erties" of "nuclear material" and arising out or in any law amendatory thereof. of the operation of a "nuclear facility" by "Spent fuel" means any fuel element or fuel any person or organization, component, solid or liquid, which has been C. Under any Liability Coverage, to "bodily used or exposed to radiation in a "nuclear injury" or "property damage" resulting from reactor." "hazardous properties" of "nuclear material," if: i IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1984, 1992 Page 1 of 2 ❑ i "Waste" means any waste material (a) con- (c) Any equipment or device used for the taining "by-product material" other than the processing, fabricatingg or alloying of "spe- tailings or wastes produced by the extraction cial nuclear material" ff at any time the total or concentration of uranium or thorium from amount of such material in the custody of any ore processed primarily for its "source the "insured" at the promises where such material" content, and (b) resulting from the equipment or device is located consists of operation by any, person or organization of or contains more than 25 grams of any "nuclear facilit " included under the first plutonium or uranium 233 or any combma- two paragraphs ofy the definition of "nuclear lion thereof, or more than 250 grams of facility." uranium 235; "Nuclear facility" means: (d) Any structure, basin, excavation, premises (a) Any "nuclear reactor;" or place prepared or used for the storage (b) Any equipment or device designed or used or disposal of "waste;" for (1) separating the isotopes of uranium and includes the site on which any of the or plutor,um, (21 processing or utilizing foregoing is loc-ted, all operations conducted .'spent fuel," or (3) handling, processing or on such site and all premises used for such packaging "waste;" operations. I "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of ra- dioactive contamination of property, Ii II r z I F `.._.. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1984, 1991 IL 00 21 11 85 ❑ Y i Cl. << } COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - CANCELLATION AND NONRENEWAL ; This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 1 41 f A. Paragraph 2.b. of the Cancellation Condition is (c) We become insolvent;or, replaced by the following: u• -....... .. _.. .� III 2,b. We may cancel this (d) We Involuntarily lose reinsurance for y policy by mailing or this policy, delivering to the first Named Insured and (3) 80 days.-before the effective date of the 'contractor' written notice of cancel- cancellation if we cancel for sn lation, stating the actual reason for can- y other f collation,at least: reason. f . I (1) 10 days before the effective date of B.The following is added to CONDITIONS: cancellation if we cancel for nonpay- NONRENEWAL moot of premium; 1. We may elect not to renew this policy by (2) :30 days before the effective date of mailing or-delivering to'-the first-NamtJ cancellation if cancellation is for one Insured and the 'contractor,' at the last I or more of the following reasons: mailing addresses known to us, written (a) Fraud or material misrepresentation notice of nonrenewal, stating the actual affecting this policy or a claim filed reason for nonrenewal, at least sixty days under this policy or a violation of prior to the effective date of the any of the terms or conditions of nonrenewal. this policy; 2. If notice is mailed,proof of mailing will be (b) Changes in conditions after the ef- sufficient proof of notice.. fective date.of this policy which have materially increased the risk tn assumed; ,1 t. i CG 29 29 09 87 Copyright,Insurance Services Qffice, Inc.,1987 rq ❑ �' ,j ' a ' i ! k = r , ' •, f to • t t.V•W MX+rr.nw.,µy:.np x YNYA(4Y1tMM.....p.w4y,,y�y�.i4ep,' ;'. W. { r r , Y.. '.. > f COMMERCIAL GENERAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED, CONTRACTOR Various provisions of this policy restrict coverage. (i) Operations performed for you by the Read the entire policy carefully to determine rights, "contractor"at the location specified in duties and what is and is not covered. the Declarations; or Throughout this policy the words "you" and "your" (ii) Your acts or omissions in connection refer to the Named Insured shown in the Declara- with the general supervision of such tions, The words "we," "us" and "our" refer to the operations; and Company providing this insurance. (2)'The "bodily injury" or "property damage" The word "insured" means any person or organiza- occurs during the policy period. tion qualifying as such under WHO IS AN INSURED c. Damages because of "bodily injury" include (Section ll). damages claimed by any person or organiza- Other words and phrases that appear in quotation tion for care,loss of services or death resulting marks have special meaning. Refer to DEFINITIONS at any time from the"bodily injury." (Section V). 2. Exclusions. I SECTION 1 - COVERAGES ; BODILY INJURY AND PROPERTY DAMAGE This insurance does not apply to: LIABILITY a. "Bodily injury"or"property damage"expected or intended from the standpoint of the in- a. We will pay those 1. Insuring Agreement.thos R.e sums that the insured be sured.This exclusion does not apply to "bod- ily injury"resulting from the use of reasonable `yJ comes legally obligated to pay as damages force to protect persons or property. because of"bodily injury" or "property dam- age" to which this insurance applies. We will b. "Bodily injury" or "property damage" for have the right and duty to defend any "suit' Which the insured is obligated to pay damages seeking those damages. We may at our dis- by reason of the assumption of liability in a cretion investigate any"occurrence"and settle contract or agreement. This exclusion does any claim or"suit" that may result. not apply to liability for damages: But: (1) Assumed in a contract or agreement that (1) The amount we will pay for damages is is an "insured contract" provided .the limited as described in LIMITS OF IN- "bodily injury".or "property damage" oc- SURANCE(Section III);and curs subsequent to the execution of the (2) Our right and duty to defend end when contract or agreement; or we have used up the applicable limit of (2) That the insured would have in the ab- insurance in the payment of judgments or Bence of the contract or agreement. settlements. c. "Bodily injury" or "property damage" which No other obligation or liability to pay sums or occurs after the earliest of the following times: perform acts or services is covered unless ex- (1) When all'"work"on the project(other than ,plicitly provided for under SUPPLEMENTARY service, maintenance or repairs) to be per- PAYMENTS. formed for you.by the ''contractor" at the b. This insurance applies to "bodily injury" and site of,the covered operations has been "property damage" only if: completed; or (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory" and arises out of: CG 00 0911 88 Copyright, Insurance Services Qffice, Inc.,1984,1988 Page 1 of 7 ❑ •i ,. t COMMERCIAL GENERAL LIABILITY 1 (2) When that portion of the "contractor's" 1. "Bodily injury" or "property damage" arising I "work," out of which the injury or damage out of the use of "mobile equipment" in, or j arises,has been put to its intended use by while in practice or preparation for, a prear- any person or organization.This exclusion ranged racing, speed or demolition contest or j does not apply to any contractor or sub- in any stunting activity. j contractor working directly or indirectly for the "contractor" or as part of the same j.(1) "Bodily injury" "property damage" are project. ing out of the actual,alleged or threatened ed discharge, dispersal, seepage, migration, d, "Bodily injury" or "property damage" arising release or escape of pollutants: out of your,or your employees', acts or omis- sions (aj At or from any premises,site or location n other than general supervision of"work" which or was at ay time owned or performed for you by the"contractor." occupied by,or rent6d or loaned to,any e. Any obligation of the insured under a workers insured: compensation, disability benefits or unem- ployment compensation law or any similar (b) At or from any premises,site or location law, which is or was at anytime used by or for any insured or others for the handl- f. "Bodily injury"to: ing, storage, disposal, processing 'or (1) An employee of the insured arising out of treatment of waste; and in the course of his employment by the (c) Which are or were at any time trans- insured; ported, handled, stored, treated, dis- (2) The spouse, child, parent, brother or sister posed of, or processed as waste by or of that employee as a consequence of (1) for any insured or any person or or- above. ganization for whom you maV be legally this exclusion applies: responsible;or.. (1) Whether the insured may be liable as an (d) At or from any premises,site or location employer or in any other capacity;and on which any insured or any contrac- 2 tors or subcontractors working directly ( ) To any obligation to share damages with or indirectly on any insured's behalf are or, repay someone else who must pay performing operations: damages because of the injury. ;k. This exclusion does not apply to.liability as- (I) If the pollutants are brought on or sumed by the insured under an "insured con- to the premises, site or location in tract." connection with such operations by such insured,contractor or subcon- :;;g;..".Property damage"to: tractor;or (1) Property you own,rent;or occupy; (ii) If the operations are to test for, (2) Property loaned to you; monitor, clean up, remove, contain, (3) Personal.;property in the care, custody or treat,detoxify or neutralize,or in any control.of,the insured;or way respond to;or assess the effects (4) "Work..performed for you by the "con- of pollutants.Sub paragraphs tractor."' p g aphs (a) and (d)(i) do not apply to h. "Bodll "bodily injury" or"property damage' arising out y injury" or "property damage" due to of heat,.smoke or fumes from a hostile if ire. war, whether or not declared, or any act or condition Incident to war: War includes civil As used in this exclusion;a hostile fire means one war, insurrection, rebellion or revolution.This which becomes uncontrollable or breaks out from exclusion applies only to liability assumed where it was intended to be. under: (1) An "insured contract;"or (2) Expenses for first aid. Page 2 of 7 Conyright, Insurance Services Office,Inc., 1984, 1988 CG 00 0911.1 88" ❑ i i r , t •' t �• tom..•-.-. •, __„_,.I A COMMERCIAL GENERAL LIABILITY 1 (2) Any loss, cost, or expense arising out of 3. The cost of bonds to release attachments, but any: only for bond amounts within the applicable limit (a) Request, demand or order that any in- of insurance. We do not have to furnish these sured or others test for, monitor, clean bonds. up, remove, contain, treat,,detoxify or 4. All reasonable expenses incurred by the insured neutralize, or in anyway respond to, or at our request to assist us in the investigation or assess the effects of pollutants;or defense of the claim or "suit," including actual (b) Claim or suit by or on behalf of a gov- loss of earnings up to$100 a day because of time ernmental authority for damages be- off from work. cause of testing for, monitoring, 6. All costs taxed.against the insured in the"suit." cleaning up, removing, containing, treating, detoxifying or neutralizing, or 6. Prejudgment interest awarded against the insured in any way responding to or assessing on that part of the judgment we pay. If we make the effects of pollutants.. an offer to pay the applicable limit of insurance, Pollutants means any solid, liquid, gaseous or we will not pay any prejudgment interest based on that period of time after the off thermal irritant or contaminant, including offer. smoke, vapor, soot, fumes, acids, alkalis, 7• All interest on the full amount of any judgment chemicals and waste. Waste includes materi- that accrues after,entry of the judgm,ent.and Be- als to be recycled,reconditioned or reclaimed. fore we have paid,offered to pay,or deposited in i k. "Property damage" to "impaired property" or court the part of the judgment'that is within the f property that has not been physically injured, applicable limit of insurance. ` arising out of: 8.,Expenses.incurred by the insured for first aid to i (1) A defect, deficiency, inadequacy or don- others at the time of an accident, for "bodily in- gerous condition in "work" performed for Jury"to which this insurance applies. ' you by the"contractor;" or These payments'will riot reduce the limits of ins`uir- (2).A delay or failure by you or anyone acting Price. on your behalf to perform a contract or SECTION 11 - WHO IS AN INSURED i agreement in accordance with its terms. 1. If you are designated in`the.Declarations as:'.i:s. This exclusion does not apply to the loss of a. An individual, you and your spouse are in- use of other property arising out of sudden sureds. and accidental physical injury to "work" per- formed for you by the"contractor." b. A partnership or joint venture,you are an in- SUPPLEMENTARY PAYMENTS sured.Your members,your partners,and their We will•pay, with respect to any claim or "suit" we spouses are also.insureds, but only with spect to their,duties as partners or members defend: of a joint venture. 1. All expenses we incur. " 2. Up to $250 for cost of bail bonds required be- t cause of accidents or traffic law violations arising out of the use of any vehicle to which this insur- ance,applies. We do not have to furnish these j bonds, CG 00 09 11 88 Copyright, Insurance Services Office,Inc.,1984,1988 Page 3 of 7, O i ..AII. COMMERCIAL GENERAL LIABILITY f.. c. �An organization other than a partnership or The limits of this Coverage Part apply separately to joint venture,you are'an insured.Your execu- each consecutive annual period and to any remain- tive officers and directors are insureds, but ing period of less than 12 months, starting with the only with respect to their duties as your offi- beginning of the policy period shown in the Decla- cers or directors. Your stockholders are also rations, unless the policy period is extended after is- Insureds,but only with respect to their liability suance for an additional period of less than 12 as stockholders, months. In that case, the additional period will be 2. Each of the following is also an insured: deemed part of the last preceding period for pur- a. Any person(other than your employee) a poses of determining the Limits of Insurance. any organization while acting as your real estate SECTION IV - CONDITIONS manager. 1. Bankruptcy. b. Any person or organization having proper Bankruptcy or insolvency of the insured will not temporary custody of your property if you die, relieve us of our obligation under this Coverage but only: Part, (1) With respect to liability arising out of the 2. Cancellation: maintenance or use of'that property;and (2)" !Jritil your legal representative has been a,.The first.may Insured shown in the Decla- appointed. , rations ay cancel this 'p'olicy by mailing or deWaring to us advance written notice of c. Your legal representative if you die, but only cancellation. with respect to duties as such.That represen- p; We, '1 cancel this policy by mailing or de- taiive'will have all your rights and duties;under livering to the first Named Insured and the this Coverage Part, 'contractor" written notice of cancellation at No person.or•organization is an insured with respect least: to'th'e conduct of any current'or past partnership or (1) 10 days before the effective date of can- in venture that is not shown as a Named Insured --e' in the Declarations: 'celiation'if we cancel for_non-payment of premium;or, SECTION III - LIMITS OF INSURANCE 1, The Limits of:Insurance shown in the Declare- (2) 30 days before the effective date of can- collation if we cancel for any other reason. tions and the rules below fix the most we.will pay regardless of the number of: c. We will mail or deliver our notices to the first ti Named Insured's and 'the "contractor's" last a: Insureds;, mailing address known to us. . b: Claims made or"suits"brought; or, d. Notice of cancellation will state the effective c.` Persons or organizations making claims or date of cancellation. The policy period will bringing "suits.' end on that date. 2. The Aggregate Limit is the most we will pay for o. If this policy is cancelled, we will send the the sum of damages because of all"bodily injury" "contractor"'any premium refund due. If we and"property damage." danceli the refund will be pro rata' if the first 3. Subject to 2. above, the Each Occurrence Limit Named'Insured-cancels; the refund may be is the most we will pay for the sum of damages less than pro rata:'The cancellation.wlll be ef- because of"bodily injury"and"property damage" fective even if we have not made or offered a arising out of any one"occurrence," refund. If you designate more than one project in the Dec- f. If notice is mailed, proof of mailing will be larations, the Aggregate Limit shall apply separately sufficient proof of notice. to each project. Page 4 of 7 Copyright, Insurance Services Office;Inc.,1984, 1988 CG 00 09 11 88 O i i y COMMERCIAL GENERAL LIABILITY 3, Ch©ages,. d, No Insureds will, except at their own cost, i This policy contains all the agreements botwosn voluntarily make n pnymont,assume any oblf- you, the "contractor" and us concerning the In- surance afforded.The first Named Insured shown cansnnt. in the Declarations and tiro "contractor" are au- 5. Examination Of Your Booko And Records. thorized to make changes in the terms of this Wo may examine and audit your books and re- policy with our consent. This policy's terms can cords as wall as the "contractor's" books and ro- be amended or waived only by endorsement Is- cordn no thoy rolato to this policy at any time sued by us and made a part of this policy, during the policy period and up to throe yours 4, Duties In The Event Of Occurrence, Claim altorward. Or Suit. 6. Inspections And Surveys. a. You must see to it that we are notified as soon We have the right but are not obligated to: as practicable of an "occurrence" which may result in a claim.To the extent possible,notice a. Make inspoctfomc and survoya at any time; should include: b, Give you reports on the conditions we find; (1) How, when and where the "occurrence" and took place; c. Rocommond changes, (2) The names and addresses of any injured Any inspections, surveys, reports or recommen- ipersons and witnesses;and dntlons rolato only to Insurability and the premi- (3) The'nature and location of any injury or ums to be charged, We do not make safety damage arising out of the"occurrence." Inspections. We do not undertake to perform the b. If a ciaim'is"made or"suit" is brought against duty of any person or organization to provide for any insured,you must: the health or safety of workers or the public,And (1) Immediately record the specifics of the we do not warrant that conditions: claim'or"suit"and the date received; and a. Are safe or healthful;or '(2) Notify us as soon as practicable. b, Comply with laws, regulations, codes or You must see to it that we receive written standards. notice of the claim or "suit" as soon as prac- This condition applies not only to us, but also to 1' ticable, any rating,advisory, rate service or similar organ- c. Yuu and any other involved insured must: ization which makes insurance inspections, sur- i (1) Immediately send us copies of any de- voys,reports or recommendations, r . mands;'notices,summonses or legal papers 7. Legal Action Against Us. rec6hied in connection with the claim or No person or organization has a right under this : "suit;", Coverage Part: (2) Authorize us to obtain records and other a. To join us as a party or otherwise bring us into information; a "suit" asking for damages from an insured; (3) dgoperate' with us in the investigation, or settlement or defense of the claim or"suit;" b, To sue us on this Coverage Part unless all of `"and its terms have been fully complied with. (4) Assist us, upon our request, in the enforcement of any right against any per- son or organization which may be liable to the insured because of injury or damage to which•this.insurance may also apply. r! CG 00.09.11:.88 . Copyright,:Insurance Services Office, Inc., 1984,1988 Pago 6 of 7 13 I I COMME=RCIAL GENERAL LIABILITY A person or organization may sue us to recover c. The "contractor" must keep records of'the in- on an agreed settlement or on a final judgment formation we need for premium computation, against an insured obtained after an actual trial; and send us copies at such times as we may but we will not be liable for damages that are not request. 'payable under the terms of this Coverage Part or 11.Separation Of Insureds. that are in excess of the applicable limit of insur- a.nce. An agreed settlement means a settlement Except with respect to the Limits of Insurance, and release of liability signed by us, the insured and any rights or duties specifically assigned in and the claimant or the claimant's legal repre- this Coverage Part to the first Named Insured,this sentative. insurance applies: 8, Other Insurance. a. As if each Named Insured were,.the only The insurance afforded by this Coverage Part is Named Insured; and primary insurance and'we will not'seek contrib- b. Separately to each insured. against:whom ution from any other insurance available to you claim is made or"suit" is brought., unless the other insurance is provided by a i; 12.Transfer Of Rights Of Recovery 'Against contractor" other than the designated "contrac- Others To Us. tor"for the same operation and job location des- ignated in the Declarations. Then we will share If the insured has rights to recover'all or part of with that other insurance by the method de- any payment we have made under this Coverage scribed below. Part those rights are transferred tows:The insured If all of the other insurance permits contribution must do nothing after loss to impair.them.At our .by equal shares, we will follow this method also, request, the insured will bring "suit",or transfer Under this approach, each insurer contributes those rights to us and help us enforce there. equal amounts until it has paid'its applicable limit 13,When We Do Not Renew.. of insurance or none of the loss remains, which- If we decide not to renew this Coverage('art, we ever comes first. will mail or deliver to the first Named Insured If,,any of the other insurance does not permit shown in the Declarations written notice,of the contribution by equal shares, we will contribute nonrenewal not less than'30 days before the ex- by limits. Under this method,each insurer's share piration date. " is based on the ratio of its applicable limit of in- If notice is mailed, proof of mailing will tie suffi- surance to the total applicable limits of insurance cient proof of notice. of all insurers. 9. Premiums. SECTION\1- DEFINITIONS 1. "Auto" means a land motor vehicle„ trailer or l The"contractor:" semitrailer designed,for travel on public roads, a. Is responsible for the payment of all premiums; including any attached machinery or equipment. and But "auto" does not include"mobile equipment." b; Will be the payee for any return premiums we 2. "Bodily injury" means bodily inIjury,'sick ness or pay disease sustained by a person, including death 10.Premium Audit. resulting from any of these at any time. a. We will,compute all premiums for this Cover- 3. "Contractor" means the contractor designated in age Part in accordance with our rules and the Declarations. rates. 4. "Impaired property" means..tangible property, b. Premium shown in this Coverage Part as ad- other than work performed for you, that cannot vance premium is a deposit premium only.At be used or is less useful because: the close of each audit period we will com- a. It incorporates work performed for you that is pute the earned premium for that period.Audit known or thought to be defective, deficient, premiums are due and payable on notice to inadequate or dangerous;or the "contractor." If the sum of the advance and audit premiums paid for the policy term b. You have failed to fulfill the terms of a con- is greater than the earned premium, we will tract or agreement; I return the excess to the"contractor." 4t' \J Page 6 of 7' Copyright, Insurance Services Office, Inc., 1984,1988 CG 00 09 11 88", ❑ l t I •: i COMMERCIAL GENERAL LIABILITY if such property can be restored to use by: f. Vehicles not described in a.,b., c. or d. above The repair, replacement, adjustment or re- maintained primarily for purposes other than a. the transportation of persons or cargo. The r of the work prepared for you; t b. Your fulfilling the terms of the contract or However,self-propelled vehicles with the fol- lowing lowing types of permanently attached equip- agreement. ment are not "mobile equipment" but will be 6. "Insured contract"means: considered"autos," a. A lease of premises; (1) Equipment designed primarily for: - 1 b. A sidetrack agreement; (a) Snow removal; c. Any easement or license agreement,except in (b) Road maintenance, but not con- connection with construction or demolition struction or resurfacing; operations on or within 50 feet of a railroad; (c) Street cleaning; i d. An obligation, as required by ordinance, to (2) Cherry pickers and similar devices indemnify a municipality, except in con- mounted on automobile or truck chassis 1 nection with work for a municipality; or and used to raise or lower workers; and e. An elevator maintenance agreement. (3) Air compressors, pumps and generators, 6. "Mobile equipment" means any of the following including spraying, welding, building types of land vehicles, including any attached cleaning, geophysical exploration, lighting { machinery or equipment: and well servicing equipment, a. Bulldozers,farm machinery, forklifts and other 7. "Occurrence" means an accident including con- vehicles designed for use principally off public tinuous or repeated exposure to substantially the roads; same general harmful conditions. b. Vehicles maintained for use solely on or next 8, "Property damage"means: l.• to premises you own or rent; a. Physical injury to tangible property, including c. Vehicles that travel on crawler treads; all resulting loss of use of that property. All such loss of use shall be deemed to occur at d. Vehicles, whether self-propelled or not, main- the time of the physical injury that caused it; tained primarily to provide mobility to perma- or nently mounted: b. Loss of use of tangible property that is not (1) Power cranes, shovels, loaders, diggers or physically injured. All such loss of use shall drills; or be deemed to occur at the time of the "oc- (2) Road construction or resurfacing equip- currence"that caused it. ment such as graders,scrapers or rollers; 9. "Suit" means a civil proceeding, brought in the e. Vehicles not described in a.,b.,c.or d. above United States of America (including its territories that are not self-propelled and are maintained and possessions), Puerto Rico and Canada, in primarily to provide mobility to permanently which damages because of bodily injury' or attached equipment of the following types: property damage" to which this insurance ap- plies are alleged. "Suit" includes: (1) Air compressors, pumps and generators, a. An arbitration in which such damages are including spraying, welding, building claimed and to which you must submit or do cleaning,geophysical exploration, lighting submit with our consent;or and well servicing equipment;or 2 Cher pickers and similar devices used to b. Any other alternative dispute resolution and ( ) Cherry P ess in which such damages are claimed and _ raise or lower workers; to which you submit with our consent. 10."Work" includes materials, parts or equipment furnished in connection with the operations. CG 00 09 11 88 Copyright, Insurance Services Office, Inc.,1984,1988 Page 7 of 7 ❑ i j COMMERCIAL GENERAL LIABILITY CG 26 26 08 82 ' / THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r , MISSOURI CHANGES - GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART •• OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART i POLLUTION LIABILITY COVERAGE PART . PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART i RAILROAD PROTECTIVE LIABILITY COVERAGE PART Missouri Property and Casualty Insurance Guaranty If the insured prepares an annual report to Association Coverage Limitations shareholders, or an annual report to manage- A. Subject to the provisions of the Missouri Property ment reflecting net worth,then such report for and Ca:ualty Insurance Guaranty Association Act the fiscal year immediately preceding the date (to be referred to as the Act),if we are a member of insolvency of the insurer will be used to of the Missouri Property and Casualty Insurance determine net worth. J Guaranty Association (to be referred to as the 2. Payments made by the Association for cov- Association), the Association will pay claims ered claims will include only that amount of covered under the Act if we become insolvent. each claim which is: J B. The Act contains various exclusions, conditions a. In excess of$100;and and limitations that govern a claimant's eligibility b. Less than$300,000. to collect payment from the Association and af- fact the amount of any payment. The following However,the Association will not: limitations apply subject to all other provisions (1) Pay an amount in excess of the appii- of the Act: cable limit of insurance of the policy 1. Claims covered by the Association do not in- from which a claim arises;or clude a claim by or against an insured of an (2) Return to an insured any unearned insolvent insurer, if the insured has a net premium in excess of$10,000. t worth of more than$26 million on the date the These limitations have no effect on the coverage insurer becomes insolvent. Th g f will provide under this policy. i F J ' a :l CG 26 26 08 92 Copyright, Insurance Services Qffice, Inc.,1992 ❑ i t r • . `.wrecwnfxlfif 1c t S genera/casualty COMMERCIAL LIABILITY POLICY r, I CITY OF JEFFERSON J L HUBBARD COMPANY DEPARTMENT OF PUBLIC WORKS 333 E PERSHING RD j 320 W. MCCARTY STREET PO BOX 3400 JEFFERSON CITY, MISSOURI 65101 DECATUR IL 115 62624 ' -- , 1 ! GENERAL CASUALTY INSURANCE COMPANIES I}� I r i 4 �` rt GENERAL CASUALTY COMPANY OF WISCONSIN I.. A STOCK COMPANY ONEGENERALORIVE SUN PRAIRIE,WISCONSIN 53596 y GENERAL CASUALTY COMPANY OF ILLINOIS A STOCK COMPANY 1125 S.KIWANIS DRIVE FREEPORT,ILLINOIS 61032 , r , , REGENT INSURANCE COMPANY A STOCK COMPANY ONEGENERALDRIVE SUN PRAIRIE,WISCONSIN 53596 r ! r t s 3 CG 79 08 03 92 } e c is y <r .- , r j fir',rl f• �.y> ' 1 I • IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. " POLICY PERIOD — 12:01 AM STANDARD TIME AT THE NAMED INSURED'S MAILING ADDRESS SHOWN IN THE DECLARATIONS, COMMERCIAL LIABILITY QUICK REFERENCE This Commercial Policy consists of several Items as described below: 1. DECLARATION PAGES: The first Declaration lists the Named Insured, Policy Period, and the Coverage Part(s) Included In the policy. The Declaration applicable to each Coverage Part shows the limits of Insurance and endorsements that apply to each Coverage Part. ; I . 2. COVERAGE PARTS: Each Coverage Part Is made up of a Coverage Form and Declaratlon(s), and Is subject to I�I the Common Policy Conditions. The Coverage Form describes the nature and extent of coverage provided. It 1 also Includes any conditions that apply specifically to that Coverage Part, 3. ADDITIONAL PROVISIONS OR EXCLUSIONS: Some or all of the Coverage Parts may be modified by additional provisions or exclusions, When this happens, the✓ forms which contain those provisions or exclusions will be found after the Coverage Parts they modify. The form numbers will also appear on the Declaration of the Coverage Part(s) to which they apply. ` i t ' 4. COMMON POLICY CONDITIONS: This form lists some of the conditions to which you and we are subject. 7' These conditions apply to all Coverage Parts attached to this policy, { THIS QUICK REFERENCE IS NOT PART OF THE COMMERCIAL LIABILITY POLICY AND DOES NOT PROVIDE COVERAGE. PLEASE READ THE COMMERCIAL LIABILITY POLICY ITSELF FOR ACTUAL CONTRACTUAL PROVISIONS. ff IN WITNESS WHEREOF, the Company designated on the Declaration page has caused this policy to be signed by h Its president and secretary, but this policy shall not be valid unless completed by the attachment hereto of a Declaration page and countersigned on the aforesaid Declaration page by a duly authorized agent of the company. l�u�cli�fil,o/�fe5�vi,c.Z�st✓ �j, �Oi� � `� an Secretary President t %+AL•aAP?+tii!..d!+.axv,muv.n.....,...v«n.+•,u.r..z..v.v.. .,.:M1r w..w r. ,.,.«x .... ,, ., , ..,..:rsa..xt,a:v.a• t..t.;T•^y'x::,.`.¢pti,:;.:;h-"-+..�;;u+RdriSs�at>9: " • GA, 29 ORIGINAL COPY PAGE1 OF 2 COMMERCIAL LIABILITY POLICY genera/casualty AGENCY BILL NEW DECLARATION POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE In AGENCY.'. __ GA 2963672 p6/16/97 06/16/98 GENERAL CASUALTY Co OF WI 0100260 01 .NAMED INSURED AND ADDRESS AGENT. CITY OF JEFFERSON J L HUBBARD COMPANY DEPARTMENT OF PUBLIC WORKS 333 E PERSHING RD 320 W. MCCARTY STREET PO BOX 3400 JEFFERSON CITY, MISSOURI 65101 DECATUR IL 115 62524 FORM OF BUSINESS: BUSINESS DESCRIPTION: THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PART TITLE PREMIUM I OWNERS OR CONTRACTORS PROTECTIVE LIABILITY $ 227 MP $ $ r $ TOTAL PREMIUM FOR ALL COVERAGE PART(S) $ 227, MP PREMIUM PAYABLE AT INCEPTION, IF OTHER THAN ITOTIAL SHOWN UABOVE: $ 100 FORMS APPLICABLE TO ALL COVERAGE PART(S) IL 0017 1185, CG 7906 0392 AUDIT PERIOD: ANNUAL, UNLESS OTHERWISE INDICATED: i. I ___ 07/09/97 --------------------- -------- CG 7900 (07-86) AUTHORIZED SIGNATURE DATE 'i IM p•IMO IMJ , 1 i '�.i I .. { T a •` 4 1 GA 2963572 ORIGINAL COPY. -'- PAGE 2 OF 2 COMD+':RCIAL LIABILITY POLICY generalcastia/ty AGENCY BILL - i NEW DECLARATION i POLICY.NUMBER POLICY,PERIOD COVERAGE.IS.PROVIDED IN THE AGENCY GA 2963672 06/16/97 06/16/88 GENERAL CASUALTY CO OF WI 0100260 01 i NAMED INSURED AND ADDRESS AGENT JI CITY OF JEFFERSON I DEPARTMENT OF PUBLIC WORKS J L HUD COMPANY , 320 W. MCCARTY STREET 333 E PBARD CG RD JEFFERSON CITY, MISSOURI 65101 DECATUR IL j 116 62524 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART DECLARATIONS I LIMITS OF INSURANCE AGGREGATE LIMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 EACH OCCURRENCE LIMIT. $ 1 ,000,000 DESIGNATION OF CONTRACTOR DESIGNATION OF CONTRACTOR: FREESEN, INC. I MAILING ADDRESS: P.O. BOX 350 `' BLUFFS, ILLINOIS 626211 LOCATION OF COVERED OPERATIONS I ALGOA SPUR SEWER CROSSING, JEFFERSON CITY, MISSOURI f PROJECT NO. 31038, CONTRACT AMOUNT $15, 154.82 TOTAL ADVANCE PREMIUM FOR THIS COVERAGE MPART. . . . . . . . $ 227, MP ENDORSEMENTS APPLICABLE TO THIS COVERAGE' PART: CG 2929 0987, CG 0009 1188, IL 0021 1185, CG 2625 0892 i j 1 CG 7903 (07-86) 1 1....... --......,. ,.,..,,r,,.�.»,v.._n,�.:::.,.. - ............ .. ..... :✓.. .. .. .. s _"... ,..i....,,. .,:. .1.. ..�,.u} _ ,icy_ , I 4. 1 GA„2963572 ORIGINAL COPY PAGE 1 OF 1 COMMERCIAL LIABILITY POLICY general casualty i AGENCY BILL NEW DECLARATION ?OLICY NUMBER ..:'. POLICY PERIOD ” COVERAGE.IS PROVIDED IN THE AGENCY GA 2863572 06/16/97 06/15/96 GENERAL CASUALTY GO VAMED INSURED OF WI AND`ADDRESS AGENT 0100260 01 CITY OF JEFFERSON J L HUBBARD COMPANY DEPARTMENT OF PUBLIC WORKS 320 W. MCCARTY STREET 333 E PERSHING RD I JEFFERSON CITY, MISSOURI 65101 PO BOX 3400 DECATUR IL 115 62524 is )STATEMENT OF ACCOUNT--- ����"------✓✓✓✓✓✓ GA2963572 0110 AGENCY BILL CITY OF JEFFERSON TOTAL POLICY PREMIUM . . . . . . . . . $227.00 BALANCE DUE 07/97 1 SUBJECT TO AUDIT. $227.00 t •. t I` f YOUR INDEPENDENT AGENT IS WORKING FOR YOU ISSUE DATE - 07/09/97 PLEASE MAKE CHECK OR MONEY ORDER ' PAYABLE TO AND MAIL To - J L HUBBARD COMPANY 333 E PERSHING RD PO BOX 3400 DECATUR IL 62524 fV.i1 1 l.,y ytii' 1 �; , .l !' WI OiM01l11 I 1 ' .. • � :'ti y' I J i a r h: 1 COMMON POLICY C ONDITIONS i All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION D, INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the We have the right but are not obligated to: Declarations may cancel this policy by 1. Make inspections and surveys at any time; mailing or delivering to us advance written notice of cancellation. 2. Give you reports on the conditions we 2. We may cancel this policy by mailing or find; and delivering to the first Named Insured 3. Recommend changes. written notice of cancellation at least: Any insppections, surveys, reports or rec- a. 10 days before the effective date of ommendations relate only to insurability and cancellation if we cancel for nonpay— the premiums to be charged. We do not ment of premium; or make safety inspections. a do not under— b. 30 days before the effective date of take to perform the duty of any person or cancellation if we cancel for an other organization to provide for the health or y safety of workers or the public. And we reason, do not warrant that conditions: 3. We will mail or deliver our notice to the 1. Are safe or healthful; or first Named Insured's last mailing address known to us. 2. Comply with laws, regulations, codes or 4. Notice of cancellation will state the ef— standards. fective date of cancellation. The policy This condition applies not only to us, but also period will end on that date to any rating, advisory, rate service or similar organization which makes insurance in- 5. If this policy is cancelled, we will send spections, surveys, reports or recommen- the first Named Insured any premium re— lotions. fund due. If we cancel, the refund will be pro rata. If the first Named Insured E. PREMIUMS cancels, the refund may be less than pro The first Named Insured shown in the Dec- !" rata. The cancellation will be effective larations: JJ if we have not made or offered a refund 1. Is responsible for the payment of all 6. If notice is mailed, proof of mailing will premiums, and be sufficient proof of notice. 2. Will be the payee for any return premi- ums ums we pay. B. CHANGES This policy contains all the agreements be— F. TRANSFER OF YOUR RIGHTS AND DUTIES P Y 9 UNDER THIS POLICY tween you and us concerning the insurance afforded. The first Named Insured shown in Your rights and duties under this policy may the Declarations is authorized to make not be transferred without our written con— changes in the terms of this policy with our sent except in the case of death of an in- -onsent. This policy's terms can be amended dividual Named Insured. or waived only by endorsement issued by If you die, your rights and duties will be us and made a part of this policy. transferred to your legal representative but C. EXAMINATION OF YOUR BOOKS AND RE- only wile altrepresentative ithin the scope of duties CORDS representatiive i appointed, anyone have g We may examine and audit your books and' proper temporary custody of your property records as they relate to this policy at any will have our rights and duties but only witni time during the policy period and up to three respect to that property. years afterward. r J IL 00 17 11 85 Copyright Insurance Services Office, Inc, 1983, 1992 D ' ``r E l THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION END(pRaSrm ENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART ! RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF ; TRANSPORTATION 1. The insurance does not apply: (1) The "nuclear material" (a) is at an 'nuclear facility" owned by, or operated by or on A. Under any Liability Coverage, to bodily behalf of, an "insured" or (b) has been dis- charged or "property damage:' charged or dispersed therefrom; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in "spent the policy is also an insured under a nu- fuel" or "waste " at any time possessed, clear energy liability policy issued by handled, used, processed, stored, trans- Nuclear Energy Liability Insurance Associ- ported or disposed of, by or on behalf of ation, Mutual Atomic Energy Liability an "insured;" or ' Underwriters, Nuclear Insurance Associ- ation of Canada or any of their succes- (3) The "bodily injury or "property damage" sors, or would be an insured under any arises out of the furnishing by an "insured" �' such policy but for its termination upon of services, materials, parts or equipment exhaustion of its limit of liability; or in connection with the planning, con- (2) Resultin from the "hazardous proper- struction, maintenance, operation or use of 1 any "nuclear facility," but if such facility is ties" of nuclear material" and with re- located within the United States of America, spent to which (a) any person or its territories or possessions or Canada, this j organization is required to maintain fi- exclusion (3) applies only to "property nancial protection pursuant to the Atomic d 1 Energy Act of 1954, or any law damage" to such 'nuclear facility" an any i amendatory thereof, or !b) the "insured" property thereat. i is, or had this policy not been issued 2. As used in this endorsement: l would be, entitled to indemnity from the "Hazardous properties" includes radioactive, United States of America, or any agency toxic or explosive properties. i thereof, under any agreement entered into by the United States of America, or any "Nuclear material" means "source material," agency thereof, with any person or or "Special nuclear material" or "by-product ganization. material.' B. Under any Medical Payments covers e, to "Source material," "special nuclear material," g pect to "bodil expenses incurred with resy and "by-product material" have the meanings injury" resulting from the "hazardous prop- given them in the Atomic Energy Act of 1954 ernes" of "nuclear material" and arising out or in any law amendatory thereof. of the operation of a "nuclear facility" by "Spent fuel" means any fuel element or fuel any person or organization. component, solid or liquid, which has been C. Under any Liability Coverage, to "bodily used or exposed to radiation in a "nuclear injury" or "property damage" resulting from reactor." "hazardous properties of "nuclear material," if: IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1984,; 1992 Page 1 of 2 ❑ ) L ' r lit ct j "Waste" means any waste material (a) con— (c) Any equipment or device used for the taining "by—product material" other than the processing, fabricating or alloying of "spe— I f tailings or wastes produced by the extraction cial nuclear material" i"f at any time the total or concentration of uranium or thorium from. amount of such material in the custody of any ore processed primarily for its 'source the "insured" at the premises where such material" content, and (b) resulting from the equipment or device is located consists of operation by any person or organization of or, contains more than 25 grams of any "nuclear facility included under the first plutonium or uranium 233 or any combine— two paragraphs of the definition of "nuclear tion thereof, or more than 250 grams of facility." uranium 235;, "Nuclear facility" means; (d) Any structure, basin, excavation, premises (a) Any "nuclear reactor;" or place prepared or used for the storage or disposal of "waste;" (b) Any equipment or device designed or used and includes the site on which any of the for (1) separating the isotopes of uranium foregoing is located, all operations conducted or plutonium, (2) processing or utilizing on such site and all premises used for such a "spent fuel," or (3) handling, processing or, packaging"waste;" ' . operations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self—supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of ra- dioactive contamination of property. • � rte,,.; 1. 1 ,1 J1 , Page 2 of.:2 Copyright, Insurance Services Office, Inc., 1984, 1991 IL 00 21: 11 85 ❑ 1 {' 2 -'1_!; t ,,: ,.�'"'^'"'^"°"^ ....,,� w.v.v. ._r..w.mVn'4x•K4h..'n:'M.i+,`...,.�SY'rG �t.iT,';:S;F'2,1i'�{;�•r".i�tRc.':7t441:1fit n'S• ryY t t' tf r 1 t ,f r '� ;, .. .. .+• � t 5 to 4 , i 14 f f 1 COMMERCIAL GENERAL LIABILITY I " THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. MISSOURI CHANGES - CANCELLATION AND NONRENEWAL This ondorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph 2.b. of the Cancellation Condition is (c) We become insolvent,or, replaced by the following: I (d) We involuntarily lose reinsurance for 2.b. We may cancel this policy by mailing or this policy. delivering to the first Named Insured and (3) f30'days.-before the effective date of the 'contractor' written notice of cancel- cancellation if we cancel for any other lotion, stating the actual reason for can- reason. collation,at least: B.The following is added to CONDITIONS: (1) 10 days before the effective date of I cancellation if we cancel for nonpay- NONRENEWAL ment of premium; 1. We may elect not to renew this policy by (2) 30 days before the effective date of mailing or delivering to-the first Named cancellation if cancellation is for one Insured and the 'contractor," at the last or more of the following reasons: mailing addresses known to us, written (a) Fraud or material misrepresentation notice of nonrenewal, stating the actual affecting this policy or a claim filed reason for nonrenewal, at least sixty days under this policy or a violation of prior to the effective date of the any of the terns or conditions of nonrenewal. this policy; 2. If notice is mailed,proof of mailing will be (b) Changes in conditions after the ef- sufficient proof of notice.. fective date-of this policy which have materially increased the risk assumed; t.r r t t r' r> r CG 29 29 09 87 Copyright,Insurance Services Qffice,Inc.,1987 0 t 1 °r op 1 t ' 1 ' , r . p. AS i1 1 t , 1 r "� 1v i COMMERCIAL GENERAL LIABILITY - OWNERS AND CONTRACTORS- PROTECTIVE ,.. ', LIABILITY COVERAGE FORM - COVERAGE' f FOR"OPERATIOIVS "OF DESIGNATED; CONTRACTOR _; . ._',,:,r. -� .,: ,1.11. ,. .. ��� ..:•r:,:_ �r "ii';;r l,.: ..: 4�'•.',. .`,,r, .... .: i, • ; , :' :I�.:.a r.n: 1. '.7�? e.. �.' '`(:;C'::,: ':' e.�i_ Various,provisions,of:this policy,restrict coverage. (1) Operations performed foi. y"ou by the Read the entire.policy carefully to determine rights, "contractor-:,at the location specified in , duties and what is and is not covered. the.Declarations;,or .w;\ Throughout this policythe words "you" and "your" (ii)- Your acts• or omisstoris'in connection refer to the Named. Insured shown,in the Declare- witli'�the"general stipervisioii`of such tions. The words "we," "us" and "our"refer to the ­."operations;and+r: „ :•-r•E,.;;-., . Company providing this insurance. ••'(2)�Tlie "bodily' injury"'or"'property.damage” Thetvvord "insured means any person or organize " occurs'during the policy period.", ''• tion,qualifying,as such,under WHO IS AN INSURED c. Damages because of "bodil in'u include Section II .. � y' i ry! (Section : I : i, . ; damages claimed by any person or organiza- Other words and phrases that'appear in quotation tion for care;loss of'services or death resulting marks have special meaning. Refer to DEFINITIONS at any time from'the"bodily injury.," (Section V). 2. Exclusions. SECTION I - COVERAGES -.."- -, �" is ' BODILY INJURY AND PROPERTY DAMAGE This insurance does not appl.t ; LIABILITY - . a. "Bodily injury"or"property damage"expected 1. Insuring Agreement. - =` or intended from the ,standpoint of the in- sured.This exclusion does not apply to"bod- a. We will pay those sums that the insured be- ily injury"resulting from the use of ieasonable ;• comes legally obligated to pay as damages force to protect per or property. because'of "bodily injury"'or"property dam age"to which this insurance applies.We will b. "Bodily 'injury"' or •"pioperty-damage" for 1 have the right and duty to defend any "suit" which the insured is obligated to pay damages seeking those damages. We may at our dis- by reason' of the ass'rimptiori of liability in a cretion investigate any"occurrence"and settle ''contract or agreement: This:exclusion does any claim or"suit"that may result. not apply to liability for damages: ti But;.' ',; : .;r (1) Assumed in a contract or agreement that (1) The amount we will pay for damages is is an "insured 'contract provided, the limited as, described in LIMITS OF IN "bodily,injury.'r,pr "property.damage" oc- SURANCE(Section,))));and curs subsequent to the execution_of the contract or agreement'or ` (2) Our"right and duty to defend end when :. ,. „ :. 'we have used up the applicable limit of " (2) Thaf the,.insured wolijd have,"in•the ab- insurance in the payment of judgments or sence of the,'contrac't'orragreement. r settlements.,,) , r,r;.c;r. r.:•:uc c. 'Bodily injury''or "property damage" which t;c, n:No other obligation or liability to pay sums or occurs after the earliest of the foliovving times: perform acts or services is covered unless ex- (1) When aII,.,work".on the:,profect (other than plicitly provided for under SUPPLEMENTARY ' I service,maintenance or repairs) to be per. PAYMENTS: 5,�••,, r a: " formed for ou b tHe.'`contractor° at the Y . ,_ y ,<„ b. This insurance applies to,;'bodily injury" and r'.;r,;.'site.of,•the covered'operations has been "property damage"only if: completed;or (1) The "bodily injury" or "property damage" �, ° ,c.•.^rr rt (_'; is caused by an "occurrence" that takes place in the "coverage territory"and arises out of: I �.J CG.00 09,1T 88; Copyright,'Insurance Services Office,Inc:, 1984;1988 Page 1: of 7. ❑ po 1 i � s COMMERCIAL GENERAL LIABILITY i (2) When that poition ;of the'-"contractor's. i. "Bodily injury" or "property damage" arising "work,"•out of which the injury•or damage out of the use of."mobile equiprnent" in, or arises;has been put to.its intended use by while in practice br prepara'tiorj for, a prear- w..any person or organization..This exclusion ! does not-apply to any contractor or sub'i '. f ` " .' ranged racing, speed or demolition contest or in any stunting activity::.. contractor working directly or indirectly for the "contractor" or as part of the same j•(1) "Bodily injury" or "property damage" aris- r'• P.rcje,ct: a.•, ...; ing out of the actual,alleged or threatened "d: "Bodily discharge, dispersal;rseepage;; migration, y injury" or•"property damage" arising release 6r escape of pollutants:,, out of your,or your employees';acts or omis- (a) At or from ' ' '"'`' ' lions other than general supervision of"work" Y Premises,site or location performed for you by,the:,;'contractor." which is or Was at any time owned' - e. Any obligation of the insured under a workers occupied by,oriented or Ioaned to;,any ;.+_r,•,;compensation,,disability, benefits or..unem- insured;" ' ployment.,compensation law. or.any similar ( ) At or from any premises,site or locatio•il law. - which;is�or was''at any time used by'or l'.• f "Bodily,inju'ry\to l; 'E ' for any insured or Gathers fo'r'the handy- ing, storage, disposal, processirig''­or (1) An'employee of the insured arising out of treatment of waste;. ; and in the course of his employment by the insured; (c) Which are•or were at any iime trans- ported, handled, stored, treated;,dirs= (2) The spouse, child, parent, brother,or sister posed of, or processed:as Waste by.or of thaYemployee as a'consequence'of (1) for an y insured'be anY Person.o`.`above: or- ganization for whom you may be legally :. ,:. applies. responsible;or.,,,,,., Whether.,the, insured may be liable as an (d) At or from any premises,site or location employer . in any.other capacity;and on which an ' . _ y insured or any,•contrac- ; (2) To any.obligation to share damages with tors or subcontractors working directly or-, someone, else, who must -pay or indirectly on any insured's behalf are r; i;,:damages because of the injury. ' performing operations: This exclusion does not apply to liability as- (I) If the pollutants are brought on or sumed by the insured under an "insured con- to the premises, site or location in tract." connection with such operations by 9--­`Property damage"to:,.. such insured,contractor at ubcon- tractor;or (1) Property you own,rent;or occupy; +rc,, (ii)- If the operations are to test for, (2) Propertyloa6ed,to you; monitor; clean up,'remove, contain, (8),,Fersppal„p�operty�in,the care, custody or treat,detoxify or neutralize,or jn any cont'rolrofcthe insured or G' ' way respond to,or assess the effects ,(4)4r Work performed for you by_.the "con- ­q-, of pollutants.r.r tractor. G Subparagraphs (a) and (d)(i)%do not apply to r r ,,, sr,t in+ .,: _r,e,,,. .r :"bodil in'u h Bodily injury" or "property damage" due to y ry. or "Property damageYi arising out war,whether or not declared, or'any act act or of heat,smoke or fumes from a hostile fire. ' As'used in this"exclusion;a liost'ile fire'means one condition'incident to War includes civil war;insurrection;r'ebe'llion of revolution. This which becomes uncontrollable or breaks o`ut from n"` '' `exclusion applies only to liability assumed 'r''where it was intended to be., :;.;T •�{ under: m. (1) An "insured contract;"or , ' •;i �;t} (2) Expenses for first aid, " ...r ci - Page 2 of 79 Copyright,Insurance Services Office, Inc., 1984,1988 CG'00 09'11-88) - ❑ r j COMMERCIAL GENERAL LIABILITY _• (2) Any loss, cost, or.expense arising out of 3. The cost of bonds.to release attachments,..but any: ;, only for,bond amount's within the applicable limit (a) Request, demand.or order that any in- of. insurance. lNe do':hot'have to'furnish these i bnds: - •�• sured or.others test for, monitor, clean , -r!; , • •.,;.•,�,,, ,, ;,,,, ,,; ,,.. i ' up, remove, contain, treat;:detoxify, or 4.'All reasonable.expenses incurred by the insured c neutralize,or in any,way respond to,.o; at our request to assist us in the investigation or ; t ; assess the effects of pollutants;or r•;;,, defense of the claim or "suit," including actual (b)"Claim'or suit by or on befialf'of a gov- loss of earnings up to$100 a day because of time •`--''emmental authority for darhages 6e- off from work. cause . of •:,testing for,•; monitoring, 6..,A(I costs taxed,againstthe insured in the "suit," cleaning up, removing, containing, 6. Prejudgment interest awarded against the insured j treating, detoxifying or neutralising, or i in any way responding to or.assessing ,on that part of the judgment we pay. If we make 7 the effects of pollutants: :.,1 : _;' ari offer•to,pays the,applicable,limit,of.insurance, we will'not pay any prejudgment,interest based Pollutants means any solid, liquid,gaseous or on that period of time after the offer, thermal Irritant or contaminantil:including x+ , r. V1:ir';;7i ;)7 1 .;:: . r,1r17J f;') ,smoke, ,vapor,.soot, fumes, ,acids,. alkalis, 7• All interest on the,full amount of any,judgment chemicals 'and waste..Waste jncludes maters- that accrues•Aer entry of,the'judgmentrand be- j als to be recycled,reconditioijed o'r,reclaimed. fora we have''paid;"offered to'pay or deposited in • court the part of the judgment that is within the k. "Property damage" to "impaired property" or applicable limit of insurance., 1_ •1:I property that not been physically injured, g Ex enses,'incurred tJ' tlie'insured for first aid to arising out of P y 1 `A' defect, deficienc inadequacy, others at the time of an.accident; for "bodily in- ( ). y, or don- jury"to which this insurance:appIies:' a:", gerous condition in "work" performed for you by the"contractor;"or These payments:will not reduce the limits of ihsur- once is �^\ I �J) (2).A delay or failure by you or anyone acting on your behalf to perform a contract or SECTION II - WHO IS AN INSURED.; . agreement in accordance with its terms. , . .. 1. If you are designated irPthe.Deciarations'asi'i_. j . This exclusion does not apply to the'loss of ' use a. An individual, you and your spouse are in= of other property arising out of sudden An . n • and accidental physical injury to "work" per- ;. formed for you by the"contractor." b. A partnership or joint venture,you are ar in- I SUPPLEMENTARY PAYMENTS sured.Your members,your partners,and their spouses are also insureds; but only with re- We will.pay,,with respect to any claim or "suit" we „ spect to their duties as partners or members defend: of a joint venture. `' ' 1, All expenses we incur. 2. Up to,$250 for cost of bail.bonds required be- cause of accidents or traffic law,violations arising out of the use of any,vehicle to,which this insur- iance,applies. We do not.have to:furnish these - bonds.. ... .r. ....._ �: .. ..0 is ... .. j c, t CG 00 09 11 88, Copyright, Insurance Services Qff(ce,inc., 1984,1988 Page 3 of 7y ❑ i . , , f. i t: I t IL • i COMMERCIAL GENERAL LIABILITY c:!An, o"'rganization,oth`er than a partnership or The limits of this Coverage Part apply separately to joint venture,'you are an insured.Your execu- each consecutive annual period and to any remain. tiJe 'officers'and directors'are insureds; but Ing period of less than-12-months; starting with the only with respect to their duties as your`offl- beginning of the policy period shown in the Decla- cars'or:'directors. Your stockholders are'alsb rations;unless the policy period is extended after is- c insureds,but only with respect to their liability suance! fors:an;additional. period of less than 12 as stockholders:' J lr• -..; ; ,i, months., Ini that ca'se,^the'additional,period will be r• deemed. 2. EacFY'of the following is"also an insured: ? �i pa of the last g.period; for pur- e-.... . preceding. a. Any person (other,than your employee) or any Poses of determining,the"Limits of Insurance. organisation vAile acting as"your real'e'state SECTION IV,-'CONDITIONS ! manager.. %i.t; :e,: nr si9' ,a v: , ,.:.r•:l : .:. 1': Bankruptcy. b: Any, person or`'organization Navin ' . •-: •. g'proper ;i Bankruptcy or insolvency of the insured will not temporary,custody of your property'if'you die, relieve us of_our obli •-- - b"tit'onlyi`" `��,��'��.'�1 ;<:�• �,�:; ��>�a II:';r =•;�� gallon.under this Coverage I,. Part.,.; ! I r,n s: !- :, ,;� _ ::::ur•; Ice r'.;. ; r ,.,:. : ;!u9 r (1) With resjieat to liability arising out of the 2 Cancellation:r: -: c maintenance or use of'thaf property;and j f '' r a,,,7146-first. ,Narped irisu�ecl' ih"n in`tfe Decla- (2),Until youri_legal,representative'Has'jieen ,appointed.,,,;,- �.J b "n"iF rations,mayicarncel this"p'olicy"fyJmailing or C. Your legal representative if. ou die,:but.onl delr�errng to' u§ advance written notice of Y Y cancellation c with respect to,duties as such,That rePreser� taiive will haye:'all'youi•'rights and duties.under b• Warne cancel this' olic b ii g, of P y y.mailing or de- ' = liverin ' thi's Coverage.Part. ' g to the first Named Insur'e'd and the I ' i '' � -: "i' contractor" written notice of cancellation at No person.or•organization is an insured with respect ' `,• least: :r to the conduct of any"current'or past partnership'or r: mt venture that is not shown as a Named Insured (1) 10 days before the effective date of can- 1 the Declaration§ • a ;L:' :;I ;, ;, " =;y_';`collation.if We cancel for.non-payment of )- SECTION III - LIMITS OF:.INSURANCE-u� "; i Premiur»;'or• "°r "'' ',: - ��� 1., The Limits,of Insurance'shown'in' the. Declara- , . ,(2j 30 days before 4he effective date of cap- tions and the rules below fix the most we.will a I. ,,,, _collation if we cancel for any other reason. pay :. regardless of the number.of: _c: We will rpail or deliver our notices to the first a: Insureds;, Named' and 'the,"contractor's" last mailing address known to US.,- b: Claims made or"suits" brought;or- !.; , ). :. c.' Persons or organizations. niekin claims or d.. Notice-of cancellat on,will state the effective brin m 9 date`of'cancellation: The policy period will g' g"suits.,, on that date. 2. The Aggregate Limit is the most we will pay for e. If this Policy is cancelled;'we (mill"'send the the sum of damages because of all"bodily injury" a Y and "property damage." y ) ry contractor's any;premium"refund;due. If we , I cancel;"the'refund Will be pro'rata.'•If the-first 3. Subject to 2. above, the Each Occurrence Limit Namedr'lnsured,'cancels; the refund•may be is the most we will pay for the sum of damages " less•than'pro*fafw;Th(e cencellation:Will be ef- because of"bodily injury"and"property damage" fective even if we have not made or offered a arising out of any one"occurrence." refund. I If you designate more than one project in the Dec- f. If notice is mailed, proof of mailing will be larations, the Aggregate Limit shall apply separately sufficient proof of notice. to each project. toe i r , . Page 4 of 71 C'opyrfgtit,InsUrance'Seniices Office,'166,1 A 1988 CG 00 09 19'88 O t COMMERCIAL GENERAL LIABILITY If s � i • >i d. No insureds,will, except, at their own cost, This policy contains all the agreements between voluntarily make a payment, assume any obli you, the "contractor"'and us concerning the in- gation, ,or incur ,any .expense, without our surance, afforded.The first Named Insured shown consent.. i in the Declarations and the ;'contractor" are au- b. Examination Of Your Books And Records. thorized to make changes in the 'terms oVthis We may examine and audit'you,r books and re- `• policy'n de'`ooi'Wnsent: This policy's terms can cords as well as the"conirac.tV? books and re- cords''arriended'or'Waived only by endorsement is- r"sued by us'and'made a part of this policy. cords as they relate to'this• policy'at any'.time this the policy period and up'to three years 4. Duties In The Event Of Occurrence, Claim afterward. Or Suit:'>d; ,,... .,,r a r :Ir:r :• w E c: rl 6. Inspections And Surveys. a. You must see to it that we'are notified .1 s soon • . r. ,•..• : mcrir as practicable of an"occurrence" which may the We•have� right but;a,re�.not obligated:to: , result in a claim:To the extent possible,notice a. Make inspections and surveys at any time; , ?:ni( �shouldjpalude;�0 .r,;: r (. b. Give you reports"on the"coildifions we find; (1) How, when and where the,"occurrence" and'`'" . ' " • took place•:-;. ,;; ,i r.l:•,,,; . . ; Q 71 3 1:1 , .'r or . r : c, Recommend changes.:.,. (2))The'names;and,addresses of any injured Persons and witnesses;and: Any inspections;'surveys 'reports'or re'commen- 11.e „ dations relate only to insurability and the'premi- { (3)r TFie`nature:'and' location'of any injury- or ums,.to .be char ed.,,We do not make safety r.f-'., •damage arising`out'of the "occurrence.' g y ,:, inspections.We,do.not undertake to perform the b. If a claim is made or"suit" is brought against duty of any person.or organization to provide for any insured,you-must: the health or safety of workers or,the public.And S-1 (1)' Immediately record the. specifics of the we do not warrant that conditions: claim or"suit"and the date received;and a. Are safe or healthful;or Notify us as soon as practica . b. Comply--with laws, regulations,- codes or - L: ; ble standards. You must see to it that we receive written notice of the claim or"suit: as soon as prac- This condition applies not only to us, but also to ticable. any rating,advisory' rate service or similar organ- + %c c, You and any other tnvoived insured must: ization which makes insurance inspections, sur- fl • '' - veys,reports or recommendations. (1) Immed iately send us copies of, any de= mands;notices;summonses or legal papers 7. Legal Action Against Us. cr" •''"received in'corinection with'the claim or :, •;;,;, ,:•, .. No person or organization has.a right under this Coverage Part: (2) AutFiorize us to obtain`records and other a.rTo join us as a party or•otherwise bring us into I 'r 1"nformation;' ' r "' a "suit" asking for darns es from`"an insured; fire nn: }..,.,..•i 9 g (3) Cooperate;,with,us' ip, the, •investigation, or settlenient'or defense of tlle'clalm'or"suit;" and t ' I: :nc�rrr.' r;? :: b. To sue us on this Coverage Part unless all of „ •:- its terms have been m fully complied with. (4) Assist us, upon our(request, `in' the \Nq.,.�+q enforcement of any right'against any'Per= Jonne: Jrson or organization which may be liable to L. the insured because of injury or damage to nq q ai )aril 1-c.which,this insurarce may,also apply. r rr ' ,,r .. u J(lsl: If:U1 J3:t' :-j 'r,UlrC;'Ir 10 •l,; 4. lira 10 ?m1sl _(;J ''.II. �i( .F,'rt',r_• ii = f I L7 CG 00,09-11 88: Copyright,,lnsurance Services Office,,lnc., 1984; of•, 1988 Page 5 Z:; i r . 4 " 1. . i i i COMMERCIAL GENERAL LIABILITY A person'or organization may sue us to recover c. The "contractor" must keep records'of'the' in= on an agreed settlemenf or on a final judgment formation we need for premium computation, against an insured obtained after an'act6al trial; and send us copies at such times as we may but we will not be liable for damages that are not request.' i payable'under the terms of this Coverage Part or 11.Separation Of Insureds. that are in excess of the.applicable•limit of insur- ance..`',An.;ag�eed settlemenf means'a`sit'de'ent Except with respect to.the limits of Insurance, acid releaso.of"liability signed by us; title insured and any rights or duties specifically assigned in if the•claimant� or;the ciaimant's;legei repre- this Coverage Part to the first Named,insured,this sentailve.. " ' Y`"' insurance applies: ! 8. Other Insurance. a. As if each Named Insured were;;the only r� "� c• hr:, �;,c;;o, :1 .:; Named Insured;and ! The insurance afforded by this Coverage Part is ,,;; ;. Ji Y .r. primary'insurance andve'will riot seek'contrib- b.,Separately, to each.:,insured, against'r whom ution from any:other.:insurance.available to:you claim is made or."suit" is brought.±'i•:;;•, unless.,the other. insurance. is provided, by a 12.Transfer Of Rights Of Recovery°Against contractor"''other than the designated."confrac- tor"for the same operation and job location des- ignated in the Declarations.- Then"we will share If the insured has rights to rec'civer'atl'or part of .;1.,with_that?:other,.Jnsurancer.,byr,the„method.de- any payment we have made'under this Coverage i „scribed below;:",,';; Part those rights are transferred tows;!The insured must do nothing after loss to impair,them:At our If"all of the'other`-insurance riermits contribution -, =' by'equal shares;'W6 will follow this method also. request, the insured will bring"suit"'' transfer Under this'a those rights to us and help us enforce them. pproach;�each' insurer contributes :. •,.:,_�„� .r; equal ainoiuhts until it has paid•its applicable limit 13.When We Do Not Renew.,, .�;,•;•,,; of insurance or none of the loss'remains, which- If we decide not to renew this Coverage Part,we ever comes first, will mail. or,deliver to,the,.firstc Named Insured If:any, of the:.other insurance does not- permit shown in the Declarations written notice•of the contribution by equal shares,we will contribute nonrenewal'not less'than 30'days Before the ex- by limits. Under this method,each insurer's share piration date.*J =t is based on the ratio of its applicable limit of in- "� l 1 If notice is mailed, proof of mailing will be suffi IIII of'ance to the total applicable limits of insurance cient roof of notice. :• of'all insurers. •:..�,� :.•,.:� : ••:.,; •. -: •:. p 9. Premiums.` T 'r'' ' SECTIO19 V - DEFINITIONS The"contractor:” 1. "Auto" means a land motor vehicle,; trailer or " semitrailer designed;for travel on. public roads, a. anrdesponsible•for the payment of all premiums; including any attached machinery or equipment. But"auto"does not include"mobile equipment." b` Will tie ttte payee for any,return premiums we 2, "Bodily injury" means bodily injury,•sickness or p Y•, disease sustained b a. Person, including.death I 10.Pr..Pay mium Audit. ° resulting from ari.1 of these"'. - ny time: r r f .r, ;':_ =",nu is` as,•,..:.; alrir n r...,. r •n ,., - a.•We will compute all premiums for;this Cover- 3. "Contractor" means the contractor designated in age:Part in accordance with our­rules and the Declarations. „ r , rates.,,- 4..;'Impaired r property". means:tangible; property, b.; Premium shown•in this Coverage Part as ad- other than work.-performed for you,:that cannot vance premium is a deposit premium only. At be used or is less useful because:;,;: the close of each audit period we will com- a. It incorporates work'performed for'you that is pute the earned premium for that period.Audit known or thought to be defective, deficient, premiums are due and payable on notice to inadequate or dangerous;or ;.. the "contractor." If the sum of the advance and audit premiums paid for the policy term b. You have failed to fulfill the terms of a con- is greater than the earned premium, we will tract or agreement; return the excess to the"contractor." , Pag'0 6 of 79 Copyright;'lnsurarice Services Office; Inc.,;1984,1988 CG'00 09 11.88 O i r , s ' 1 I i COMMERCIAL GENERAL LIABILITY if such property can be restored to use by: f. Vehicles not described in a.,b.,c. or d,above maintained primarily for purposes other than a. The repair, replacement, adjustment or re- the transportation of persons or cargo. moval of the work prepared for you;or However, self-propelled vehicles with the fol- b. Your fulfilling the terms of the contract or lowing types of permanently attached equip- agreement. ment are not"mobile equipment" but will be 5. "Insured contract" means: considered"autos:" a. A lease of premises; (1) Equipment designed primarily for: (a) Snow removal; b. A sidetrack agreement; b Road maintenance, but not con- i c. Any easement or license agreement,except in ( ) struction or resurfacing; connection with construction or demolition operations on or within 50 feet of a railroad; (c) Street cleaning; d. An obligation, as required by ordinance, to (2) Cherry pickers and similar devices indemnify a municipality, except in con- mounted on automobile or truck chassis nection with work for a municipality;or and used to raise or lower workers;and e. An elevator maintenance agreement. (3) Air compressors, pumps and generators, including spraying, welding, building 6. "Mobile equipment" means any of the following cleaning,geophysical exploration, lighting types of land vehicles, including any attached and well servicing equipment, machinery or equipment: 7 a. Bulldozers,farm machinery,forklifts and other • "Occurrence" means an accident including con- vehicles designed for use principally off public tinuous or repeated exposure to substantially the same general harmful conditions. roads; S. "Property damage"means: b. Vehicles maintained for use solely on or next a. Physical injury to tangible property, including to premises you own or rent; all resulting loss of use of that property. All c. Vehicles that travel on crawler treads; such loss of use shall be deemed to occur at d. Vehicles,whether self-propelled or not, main the time of the physical injury that caused it; tained primarily to provide mobility to perma- or nently mounted: b. Loss of use of tangible property that is not (1) Power cranes,shovels, loaders,diggers or physically injured. All such loss of use shall i drills;or be deemed to occur at the time of the "oc- currence"that caused it. 2 Road construction or resurfacing equip edin brought in the ( ) ment such as graders,scrapers or rollers; 9. "Suit" means a civil proceeding, 9 United States of America (including its territories e. Vehicles not described in a., b.,c. or d.above and possessions), Puerto Rico and Canada, in that are not self-propelled and are maintained which damages because of "bodily injury" or primarily to provide mobility to permanently "property damage" to which this insurance ap- attached equipment of the following types: plies are alleged. "Suit"includes: f, (1) Air compressors, pumps and generators, a. An arbitration in which such damages are including spraying, welding, building claimed and to which you must submit or do cleaning, geophysical exploration, lighting submit with our consent; or and well servicing equipment; or b. Any other alternative dispute resolution proc- (2) Cherry pickers and similar devices used to ass in which such damages are claimed and raise or lower workers; to which you submit with our consent. 10."Work" includes materials, parts or equipment j furnished in connection with the operations. i 1 CG 00 09 11 88 Copyright, Insurance Services Office, Inc.,1984, 1988 Page 7 of 7 ❑ a r.. ' 1 Y c• +' A , f f .. + •I + COMMERCIAL GENERAL LIABILITY CG 26 26 08 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART ! OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Y POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART f Missouri Property and Casualty Insurance Guaranty if the insured prepares an annual report to . Association Coverage Limitations shareholders, or an annual report to manage- ment reflecting net worth,then such report for A. subject to the provisions of the Missouri Property g P !I and Casualty Insurance Guaranty Association Act the fiscal year immediately preceding the date (to be referred to as the Act),if we are a member of insolvency of the insurer will be used to of the Missouri Property and Casualty Insurance determine net worth. C Guaranty Association (to be referred to as the 2. Payments made by the Association for cov- Association), the Association will pay claims ered claims will include only that amount of covered under the Act if we become insolvent, each claim which is: B. The Act contains various exclusions, conditions a. In excess of$100;and ! and limitations that govern a claimant's eligibility b. Less than$300,000. to collect payment from the Association and af- fact the amount of any payment. The following However,the Association will not: limitations apply subject to all other provisions (1) Pay an amount in excess of the appli- f, of the Act: cable limit of insurance of the policy 1. Claims covered by the Association do not in from which a claim arises;or elude a claim by or against an insured of an (2) Return to an insured any unearned insolvent insurer, if the insured has a net premium in excess of$10,000. worth of more than$25 million on the date the These limitations have no effect on the coverage we t ' insurer becomes insolvent. 7, will provide under this policy. ! i r , If 1. ;S 1 g�4w, f t t • s � j CG 26 26 08 92 Copyright, Insurance Services Qffice, Inc„1992 ❑ ` j ti} 4r N , 4 j t(