HomeMy Public PortalAboutORD12555 j
BILL NO. 96-116
SPONSORED BY COUNCILMAN Nil4es
i ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HARDT
CONSTRUCTION LLC FOR REMOVAL OF TREES ON RESIDENTIAL AND
COMMERCIAL BUYOUT PROPERTIES IN NORTH JEFFERSON CITY.
WHEREAS, Hardt Construction LLC,has become the apparent lowest and best bidder on
the North Jefferson City tree removal project;
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NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Hardt Construction LLC, is declared to be the lowest and best
bid and is hereby accepted.
j Section 2. The Mayor and City Clerk are hereby authorized and directed to execute `
an agreement with Hardt Construction for removal of trees on residential and commercial
4 buyout properties in North Jefferson City.
Section 3, The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: D c . I r C Approved: c 3 t 7 9 I
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�vC-GGLi'tF sC.XiL:.C�I�-i'----' �✓�.��'�Y�G-G'(�C.C�" -
Presiding Officer Mayor
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ATTEST: APPROVED AS TO FORM: "
AtvI rk City Counselor f.
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CERTIFICATE OF INSURANCE ISSUE DATE(1Y)
12 10 101 96
_�CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
;ue Insurance Group, Inc. DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
28 N. 8th Street, Suite #200 POLICIES BELOW.
P.O. Box 7407 COMPANIES AFFORDING COVERAGE
Columbia, NO 65205
COMPANY A AMERICAN STATES INS. CO.
LETTER
COMPANY B AMERICAN STATES INS. CO.
INSURED LETTER
ILARDT CONSTRUCTION COMPANY �/j / ED
HERMAN HARDT LETTER C _ !P}SURANCE
2803 COUNTY ROAD 269 COMPANY D
COLWIBIA, MO 65202-0000 LETTER
COMPANY E
LETTER QetQ;
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 LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MM/DDNY)
A GENERALUABILITY GENERAL AGGREGATE $ 2,000,000
X COMMERCIALGENERAL LIABILITY 01-CH-125281-1 11117196 11/17/97 PRODUCTS.COMP/OP AGG. $ 2,000,000
CLAIMS MADE XOCCUR PERSONAL S ADV.INJURY S 1,000,000
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000
FIRE DAMAGE(Any one fire) S 100,000
,.x MED.EXPENSE(Anyone person S 10,000
.,r•AUTOMOBILE LIABILITY COMBINED SINGLE G
ANY AUTO 01-CE-125281-1 11117196 11/17/97 UMIT $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILYINJURY S
NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
• PROPERTY DAMAGE S
EXCESS UABIUTY EACH OCCURRENCE S
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UMBRELLA FORM AGGREGATE S
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OTHER THAN UMBRELLA FORM
STATUTORY OMITS
WORKER'S COMPENSATION
EACH ACCIDENT $
AND
DISEASE-POLICY LIMIT $ r
EMPLOYERS'UABIUTY
DISEASE-EACH EMPLOYEE 5
OTHER
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DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
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C73TIFICATE HOLDER CANCELLATION...
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF JEFFERSON CITY MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
320 E. MCCARTY STREET LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
JEFFERSON CITY, MO 65101 LIABILITY OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE tt
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ACt?HD 25.5(7190)
oACORDCTION 1880
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~� THE AMERICAN INSTITUTE OF ARCHITECTS
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A/A Document A311
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Performance Bond
Bond # LF01-04650
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KNOW ALL MEN BY THESE PRESENTS:that Flardf Construction
(1(er•Im•rt NO nsile and eddrne or I•ael title of Contnotud
RR 6 Box 204, Columbia, MO, 65202
r as Principal, hereinafter called Contractor,and, anforcargo Insurance Company
IN—I—rt hit name ud•ddron or Ietid tide of sa•ty) '
1450]East American Lane, Schaumburg, 1L, 60173-5458
as Surety,hereinafter called Surety,are held and firmly bound unto Moto lmerth4l end @&*on•rI&gWt1yeof()�f)
City of Jefferson(City
320 E McCarfy, Jefferson City,MO 66101
as Obligee, hereinafter called Owner, in the amount of
Fifty Tvvo Thousand Five Hundred And 00/100 a
Dollars is****$52,500.00
for the payment whereof Contractor and Surety bind themselves,their heirs,executors, administrators,
successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, Hardt Construction
Contractor has by written agreement dated , entered into a contract with Owner for
. i(Ileri Inert ftd rw m•.Odd—end dnodPtion of wolw) ..
]Reidoval of 175 frees in the flood-damaged area of North Jefferson City
In accordance with Drawings and Specifications prepared by
(Ntr•1—t f-M lrem•end eOlen of Ie0•I tide of AreNteot)
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�a-hlch'tohtract is by reference made a part hereof,and Is hereinafter referred to as the Contract.
AUK DOCUMENT A311 • PERFORMANCE HOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1
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PERFORMANCE BOND
WW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or contract or contracts of completion arranged under this j
extension of time made by the Owner. paragraph) sufficient funds to pay the cost of completion
loss the balance of the contract price; but not exceeding,
Whenever Contractor shall be,and declared by Owner to Including other costs and damages for which the Surety
be In default under the Contract, the Owner having may be liable hereunder, the amount set forth in the first
performed Owner's obligations thereunder,the Surety may paragraph hereof. The term "balance of the contract
promptly remedy the default, or shall promptly price," as used in this paragraph, shall mean the total t
amount payable by Owner to Contractor under the Contract
1)Complete the Contract in accordance with its terms and and any amendments thereto, less the amount properly
conditions, or paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be Instituted before the
accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final
determination by Surety of the lowest responsible bidder, payment under the Contract falls due. "
or,if the Owner elects,upon determination by the Owner
and the Surety jointly if the lowest responsible bidder, No right of action shall accrue on this bond to or for the
arrange for a contract between such bidder and Owner,and use of any person of corporation other than the Owner
make available as Work progresses (even though there named herein or the heirs, executors, administrators or
should be a default or a succession of defaults under the successors of the Owner. .
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Signed and sealed this 19Eh day of December 19 1996.
Har&Construction
WArn�,.la•o rs..0
Intercargo Insurance Company;Ui " ►o o,'C° i��.
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Carol D. Erwine A.ttorney /oA41#087
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ALA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED • THE AMERICAN INSTTTUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2
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THE AMERICAN INSTITUTE OF ARCHITECTS
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! A/A Document A311
Labor and Material Payment Bond
i THIS BOND IS ISSUED SIMUTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
Bond # LF01-04660
KNOW ALL MEN BY THESE PRESENTS: that Hardt Construction y
j (Here Ineert fall Dame end edd....or legal ddo of Contreotod
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RR 6 Box 204, Columbia, MO, 66202
as Principal,hereinafter called Principal, and, Iniercargo Insurance Company
1 (Hen Inert NO rant end a Wr—or legal tltle of$.rely)
j 1460 East American Lane, Schaumburg, IL, 60173-6468
as Surety,hereinafter called Surety,are held and firmly bound unto ((ferelnert nnn•n,e and addr.e.orlegeldtleofw.,nr)
CttJefferson y320 E McCarty, MO 66101
as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the
amount of Fifty Two Thousand Five Hundred And 00/100 a /�
pier.Inert.am spud to at least one•hdl of the contract pilot) Dollars($****$62,600.00
for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Mardi Construction
Principal has by written agreement dated , entered into a contract with Owner for
(Here traertftid a.address and dnedptlon of project)
Removal of 176 frees in the flood-damaged area of North Jefferson City
in accordence'with Drawings and Specifications prepared by (Her.Inerudl nam..nd eddy«.ar legal tltl.of beNteot) f
C4ich contract Is by reference made a part hereof, and is hereinafter referred to as the Contract.
AU1 DO UMENT A311 • PERFORMANCE BOND AND LABOR AND MATERL4L PAYMENT BOND • AIA
FEBRUARY 1970 ED a THE AMERICAN INSTMUTB OF ARCHITECTS,1735 N.Y.AVE.,N,W.,WASHINGTON,D.C.20006 3
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LABOR AND MATERIAL PAYMENT BOND
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants
as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this
obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions:
1.A claimant is defined as one having a direct contract with crisis wore furnished,or for whom the work or labor was done
the Principal or with Subcontractor of the Principal for labor, or performed.Such notice shall be served by mailing the same
material, or both, used or reasonably required for use in by registered mail or certified mail, postage prepaid, in an
performance of the Contract,labor and material being construed envelope addressed to the Principal, Owner or Surety,at any
to include that part of water, gas, power, light, heat, oil, place whore an office is regularly maintained for the transaction
gasoline, telephone service or rental of equipment directly of business,or served in any mannor in which legal process may
applicable to the Contract. be served in the state in which the aforesaid project is located,
save that such service need not be made by a public officer.
2.The above nomad Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein b)After the expiration of one (1) year following the date an
defined,who has not bean paid in full before the expiration of a which Principal ceased Work on said Contract, it being
period of ninety(90) days after the data on which the lest of understood,however,that if sny!imitation embodied in this bond
such claimant's work or labor was done or performed, or is prohibited by any law controlling the construction hereof such
materials were furnished by such claimant,may sue on this bond limitation shall be doomed to be amended so as to be equal to
for the use of such claimant,prosecute the suit to final judgment the minimum period of limitation permitted by such low.
for such sum or sums as may be justly due claimant,and have
execution thereon. The Owner shall not be liable for the c)Other than in a state court of competent jurisdiction in and for
payment of any costs of expenses of any such suit. the county or other political subdivision of the state in which the
Project,or any part thereof,is situated,or inrthe United States
3.No suit or action shall be commenced hereunder by any District Court for the district in which the Project, or any part
claimant: thereof,is situated,and not elsewhere.
a)Unless claimant,other then one having a direct contract with 4. The amount of this bond shall be reduced by and to the
the Principal,shall have given written notice to any two of the extant of any payment or payments made in good faith
following:the Principal,the Owner,or the Surety above named, hereunder, inclusive of the payment by Surety of mechanics' \.
within ninety(90)days after such claimant did or performed the liens which may be filed of record against said improvement,
last of the work or labor,or furnished the last of the materials whether or not claim for the amount of such lion be presented
for which said claim is made,stating with substantial accuracy under and against this bond.
the amount claimed and name of the party to whom the mat-
Signed and sealed this 19th day of December 9 . 1996.
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I-Iardf Construction
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Intercargo Insurance Company
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'Carol D. D'rwine t�EEorney'`iy�/�#pJL715\\���"�.../
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AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL.PAYMENT BOND AIA,
FEBRUARY 1970 ED • THE AMERICAN INST]TUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 4
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VOID IF NOT USED BY: INTERCARGO INSURANCE COMPANY
06/R8/1998 1450 East American Lane•20th Floor
,, Schaumburg, Illinois 60173-5458
No Power of Attomsr on this form shell 1-800-394-3924
be valid as to bonds,undertakings,
rocognizencat or other written obligations approval code POWER p
nid expirathe date'exocutad on or attar II��I I�I I(I I IIII IIIIIII���I�II�II��I 1L''01 0.465fD .
PRINCIPAL H&rdt Construction
RR Box 204,, `1.olurnbia,DI 65202
OBLIGEE City Jefferson Cit
320 E�i[McC!arty, Lfferson City, 140 65101
DESCRIPTION&LOCATION OF OBLIGATION
Removal of 176 trees in (lie flood-damaged area of Nortli Jefferson City Location :.Jefferson
City, MO
PENAL SUM PRINCIPAL TAX ID. PROJECT p
$52,500.00 500-68-0500
LIMITED POWER. OF ATTORNEY
To be used only in conjunction with the bond specified herein.
This Power ofAttorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney Is void if altered
or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or
warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO
INSURANCE COMPANY,and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to
INTERCARGO INSURANCE COMPANY,Attention: Contract Bond Underwriting Department. This Power of Attorney shall be
governe,'by the laws of the "+" of Illinois.
KNOW ALL MEN BY THESE PRESENTS:That INTERCARGO INSURANCE COMPANY,a corporation organized and
existing by virtue of the laws of the State of Illinois does hereby nominate,constitute and appoint:
Carol D. lErwine
its true and lawful Attorney-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds,undertakings,recognizances and written obligations in the nature thereof,as follows:
BiaBonds to License &�ertnif i��l iacclimncoue bonds up to$500,000
Performance &Pa [Went Bonds up to $1,400,000.00
Court bonds up to 500,000.00
Such bonds and undertakings,when duly executed by the aforesaid Attorney-in-fact shall be binding upon the said Company as fully
and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with
its corporate seal. This appointment is made under and by authority of the By-Laws of the Company,which are now in full force
and effect.
STATE OF ILLINOIS as.
COUNTY OF COOK
I,Lawrence P.Goecking Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the State of Illinois,do hereby j
certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and that I have !
compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power
of Attorney is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at
. .. Scltaurraburg, 111inois this 19th day of December ,19 1996 ..
J�wp,,�'t'F
�'•.,,It�n,,.` SECRETARY
CON-24L(Ol/95) ..,..
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RESOLUTIONS Or THE BOARD OF DIR.ECTOR.S
This Po*cr of ARor'ncy is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board ol.•,,,
Directors of the Company on the 5th day of December, 1988:
"RESOLVED,That the President,or any Vice President of the Company or any person designated by any one of them Is hereby
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the
Company,bonds,undertakings and all contracts of suretyship,and that any Scerctnry or any Assistant Secretary of the Company be,
and that each or any of them hereby is authorized to attest the execution of nny such Power of Attorney,and to attach thereto the Scat
of the Company,
FURTHER RESOLVED,That the signature of such officers and the Seal of the Company may be affixed to any such Power of �
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be thcreaficr valid and binding upon the Company with respect to any bond,undertaking or contract
of suretyship to which it is attached."
Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by
the Board of Directors of the Company on April 4, 1987:
"RESOLVED,That the signature of James R.Zuhlkc,as President of this Corporation,and the seal of this Corporation may be affixed
or printed on any and all bonds,undertakings,recognizanccs,or other written obligations thereof,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,
bonds,undertakings,re-cognizances,certificate or other written obligation,bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation."
IN WITNESS WHEREOF,the INTERCARGO INSURANCE COMPANY has caused its corporate seal to be here unto affixed,and these presents
to be signed by its duly authorized officers this 26th day of Janunry 1995.
INTERCARGO INSURANCE COMPANY ^�
f+ suns BY:
yS�CPF"yrf.,n PRESIDENT
W%SEAL
3tit ATTEST:
SE&iEr Y
STATE OF ILLINOIS sS.
COUNTY OF COOK
On this 26th day of January 1995 before me personally came James R.Zuhlkc to me known,who,being duly sworn,
did depose and say:that he is President of the Corporation described in and which executed the above instrument;that he knows the seal of said
Corporation;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of !
Directors of said Company;and that he executed the said Instrument by like order and authority.
Arwvvw
OFFICIAL SEAL
ELIZABETH BRANCHER
NOTARY PUBLIC
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/05/90
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STATE OF ILLINOIS
COUNTY OF
MADISON
On December 19,1996 before me, a Notary Public in an
County and State, residing therein, duly commissioned and osworn,i
personally appeared Carol D. Erwine
Attorney-In-Fact of Interca know to me to be the
the corporation described in�and sthateshe executed the within and
foregoing instrument, and know to me to be the person who executed
the said instrument in behalf of the s aid corporation, and she duly
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Official seal, the day and year stated in the certificate above.
My Commission Expires: 07/11/2000 n�A p
Notary Public
"OFFICIAL SEAL",,,•,,'
SONDR 'PALMER
NOTARY PUBLIC C—SSTATE OF ILLINOIS
MV COMMISSION EXPIRES JULY 11,2000
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Air" 11-0. CERTIFICATE E CAF INSURANCE ISSUE DATE(MM,)DrM
12110196
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Tho Insurance Group, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
�N. 8th Street, Sulto #200 POLICIES BELOW.
. Box 7407
lumbla, MO 65205 COMPANIES AFFORDING COVERAGE
------------------------------------------------
COMPANY A AMERICAN STATES INS. CO.
LETTER
COMPANY B AMERICAN STATES INS. CO.
iINSURED LETTER
NARDT CONSTRUCTION COMPANY C
NERAYAN KARDT LETTER •
2803 COUNTY ROAD 269 coMPANY D -_- -- ---- --— - ---------m.
COLUMBIA, NO 65202-0000 LETTER
COMPANY
LETTER E_--_--- —_ 7� .
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 TIDE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR -------------- DATE(MM/DWYY) DATE(MM/DD/YY) LIMITS
A GENERAL UABIUTY GENERAL AGGREGATE S 2,000,000
X COMMERCIAL GENERAL LIABILITY 01-CE-125281-1 11117196 11/17/97 PRODUCTS-COMP/OP AGG. 5_ 2,000,000
CLAIMS MADE[ OCCUR. PERSONAL&ADV.INJURY S 1,000,000
OWNERS&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000
FIRE DAMAGE(Any one fire) S 100,000
MED.EXPENSE(Anyoneperson)$ 10,000
B AUTOMOBILE LIABILITY
COMB'NED SINGLE S 1,000,000
ANY AUTO 01-CE-125281-1 11117196 11/17/97 LIMIT ALL OWNED AUTOS
BODILY INJURY $
X SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY S
_ NONAWNEDAUTOS (Per accident) .
GARAGE LIABILITY
PROPERTYDAMAGE $
EXCESS LIABILITY EACHOCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
AND
EACH ACCIDENT $
' EMPLOYERS'LIABILITY
DISEASE-POLICY LIMIT S
DISEASE-EACH EMPLOYEE $
OTHER
•f I '
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS j
CERTIFICATE,HOLDER:., CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF JEFFERSON CITY MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
320 E. MCCARTY STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ..
�../J JEFFERSON CITY, MO 65101 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
ALIT) 12ED REPRESENTATIVE
ORD gA N 98Q ACORD 2" 7100)
' Ir
a
i
CITY OF JEFFERSON
CONTRACT FOR REMOVAL OF TREES
THIS AGREEMENT, made and entered this_��day of December, 1996,by and between the City of
Jefferson,Missouri,a municipal corporation,hereinafter referred to as"City,"and Hardt Construction,:PLC,
hereinafter referred to as"Contractor."
WITNESSETH:
WHEREAS,the City of Jefferson,Missouri,is desirous of hiring Contractor to remove trees;and
WHEREAS,Contractor is willing to enter into this Agreement with respect to his employment and services
upon the terms and conditions herein set forth,
NOW,THEREFORE,be it agreed as follows:
1. Scope of Services.
Contractor shall perform everything required and shall provide and furnish all labor,materials,necessary tools,
expendable equipment, and all utility and transportation services required to perform and complete in a
workmanlike manner all the work required for the removal of certain trees,stumps and debris and clean up
in the flood damaged area of Jefferson City,more particularly described as follows:
a) Between 150 and 200 trees are to be removed in the flood damaged area of North Jefferson
City. Trees will be marked with paint by the City.
b) Prior to removing any tree,the Jefferson City Department of Parks and Recreation will be
notified so that they can coordinate the removal.
c) When the trees are felled, they shall be felled away from the roadway or parallel with the
roadway when possible.
d) The trees to be removed will be pushed over to expose the root system unless otherwise 1
specified. The entire tree, including the root system, limbs and debris therefrom,shall be I
removed from the site. All wood stock ten inches(10")or smaller will be run through a chipper
and hauled to the old school site for park use.
e) Within seventy-two(72)hours after being cut,the ground shall be raked clean of all chips,
branches and debris. Contractor will also remove larger wood stock,over ten inches(10")from
site.
1 f) All damage to other trees and public property occurring in the performance of any such work
f
shall be promptly and properly repaired and/or rectified at Contractor's expense.
2. Contract Time.
The work to be performed under this contract shall be completed within a forty-five(95)working day period
commencing on or before December 23,1996.
3. Liquidated Damages,
w� The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due under this contract for
,l every day Contractor fails or refuses to prosecute the work,or any separable part thereof,with such diligence
�J as will insure the completion by the time above specified,or any extension thereof,or fails to complete the work
by such time,as long as the City does not terminate the right of Contractor to proceed. It is further provided
c:\lrnti�c"nlrvcte�uarc,rn\h"rdl conatrudiun4m"mmovnl k 1996•1997-11. '
v
4
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that Contractor shall not be charged with liquidated damages because of delays in the completion of the work
duo to unforeseeable causes beyond Contractors control and without fault or negligence on Contractor's part
or the part of its agents.
Contract Amount
The annoant of the contract shall not exceed Fifty-Two Thousand rive Hundred Dollars($62,500.00).
r• 1'_tlyn_teltt
Upon completion of the work po•formed under the contract, Contractor shall submit an itemized invoice,in Ih
duplicnto, to the Finance Director, 320 Last McCarty Street, Jefferson City, Missouri, 65101, with such
suppon•1.ing evidence indicating amounts paid and owed by Contractor for labor and material on the work, •<
including Waivers of Lien and Sworn Statement indicating that he has complied with requirements of the
Nlechanic.'s Lion lanw of the State of Missouri,where applicable.
G. Indemnity
Contractor 1191-00-4 CO indemnify and hold harmless the City for any and all damages,injuries,actions,costs,
attorney's fees and other expenses whatsoever arising out of the performance of said work whether the property
or persons damaged are the set vants and employees of the Contractor or third parties in no manner connected
with said work,
?. �nsuranc�
I
Contractor agrees to obtain and maintain throughout the term of this contract
A. V1L11i1nen's Comn0n9tttion In9uranc»for all of its employees to be engaged in work under this
^� contract.
D. 2mittlelur,s Public 1 i1312ii'1.insurance
in an amount not less than$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
Connpn
esation Law,Chapter 287,RSMo,and Contractor's Property Damage Insurance in an
amount not loss than$1,000,000 for all claims arising out of a single accident or occurrence
I'll('$100,()00 liar any one person in a single accident or occurrence.
C. Aulotnobil0 Li fnsu ra Ilre 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.
11- Subronlracls • In case any or all of this work is sublet, the Contractor shall require the .
Subcontractor to p1-ocur0 and maintain all insurance required in Subparagraphs(a),(b),and
1,
(c)hereof and in like amounts.
'file Certificates of Insurance furnished to the City showing proof o£connpliance with these
Insurance requirenuvnls shlnll contain u provision that coverage under such policies shall not
0. Ile ell nee lot e1-Ill lte•iaIly changed until at least fifteen days prior written notice has been given
to 1,110 City.
8• status n Indointlent actor.
The� � f
has City and l Contractor e1- agree flint co
nt.raclor is in'to way the agent,servant or employee of the City. The City
i has no control over performance of the worlt contenphnted by this contract.The relationship of Contractor to
the City is that of nn indepondenL roatruetor.
i
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9. Acts of God.
In the event of war, strike or other causes beyond the control of Contractor,which event(s)interfere with ;
Contractor's performance under this contract,Contractor may cancel this contract.
1(>. Failure to Perform
'Should Cont.l•act.or fail to provide services as set forth pursuant to this contract, or fail to meet any of the
contract provlHlons,this contract may be canceled at the sole option of the City upon giving five(5)days written
notice to Coll t I'll ctor•
1 1. Partial Invalidity of Contract, �=
.h
If any of the provisions of this contract shall contravene, or be invalid under, the laws of Missouri, such
contravention or invalidity shall not invalidate the entire contract,but it shall be construed as if not containing
t ho pm-t.icular provision or provisions held to be invalid,and the rights and obligations of the parties shall be
construed and enforced accordingly.
12. Law to Govern Contract
The law of Missouri shall govern the construction and interpretation of this contract.
I;l. Ccu�cellntion
']'his contract shall be subject to cancellation by the City at any time following five(5)days notice. .
1+t. Notices•
All notices,consents,authorizations,requests and statements hereunder shall be deemed to have been properly
given if delivered by and or mailed by first class United States mail,postage prepaid,if to the City to the City
of Jefferson,c/o Melva Fast,320 Last McCarty,Jefferson City,Missouri 65101,and if to the Contractor,at 700
Lake Road,Hallsville,Missouri 65255.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year first
above written. �.
CITY OF JEFFERSON,MISSOURI CONTRACTOR
HARDT CONSTRUCTION,LLC
2.
Mayor Owner
ATTEST:
'icy Clerk Title:
APPIU V1.D AS'1'0 b'(
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