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HomeMy Public PortalAboutORD11132 BILL NO. 88-118 SPONSORED BY COUNCILMAN MASON 1HAAKE ORDINANCE NO. /1 131�21 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TWEHOUS CONTRACTORS, INC. , FOR THE 1988 STORMWATER DRAINAGE PROJECT, PHASE I. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Twehous Contractors, Inc. , for the 1988 Stormwater Drainage Project, Phase I, for a sum not to exceed $109, 140.50. 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. Passed /�n r_ � 2 / 5 F E Approved r in fficer or ATTEST: �� �Y Cit Clerk Sj� , CONSTRUCTION CONTRACT THIS CO TRACT, made and entered into this day of C- , 19 s<S' , by and between Twehous Contractors, Inc.,- �� hereinafter called "Contractor"I and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City" . WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 1988 Storm Water Drainage Project, Phase I. NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty (60) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 2. ]Prevailing Wages. All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 88-026-0140 in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10. 00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3 . Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800, 000 for all claims arising out of a single occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800, 000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a) , (b) , and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility for subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly • employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all • , 1 subcontractors to Contractor by all the terms herein setforth, ® insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. ki-gMidated Damages. The Director of Public Works may , at his discretion, deduct $100.00 from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. Cityls Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 9. Payment for Labor and MAterials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 10. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule setforth in the Contract Documents upon acceptance of said Mork by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated October 31, 1988, which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. 11. Contract Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda f. Special Provisions ® c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. Should any conflict arise between the documents [b. ] through [h. ] listed above and this contract, this contract shall rule. 12. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 13. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 8201-A Liberty Road, Jefferson City, MO 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. 14. Jurisdiction. This agreement and every question arising i hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 1 . 1.• 1 • 1 • 15. IN TESTIMONY WHEREOF, the parties have hereu to set their hands and seals this day of 19 ' _. CITY OF JEFFERSON, MISSOURI By • M 'ATTEST: •CITY CLERK CONTRACTOR By. Title: ATTEST: , SECRETARY z; t� r., THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE EC88208889 11-16-88 MARYLAND CASUALTY COMPANY NAMED INSURED AUTHORIZED REPRESENTATIVE CITY OF JEFFERSON CITY WINTER-DENT & COMPANY 320 EAST McCARTY P.O. BOX 1046 JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65102 ATTN: BONNIE HUBER Gal-2/?Z COVERAGE PARTS AFFECTED ENTIRE CHANGES IT IS HEREBY AGREED THAT FORM IL0003(11-85) IS BEING DELETED FROM THE EXISTING POLICY. NO CHANGE IN PREMIUM ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME iSrWD 6-2-89 POLICY TERM: 11-16-88/89 COMM: 200 GL-3 Aut rized Representative S IL 12 011185 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 �* n .`'. 4• r : a ia+ t ��• q. f N , ' •;. t , i �t, tt.+j♦°i * ..°Iryi f .f n x 1 d)=ti 4.ty,iaL Y"k'�)'�,l�± T YY i N• .. 1��t.- . �� t � y �M �' _. (• R, f ` t: 4 , .{L ',it'. '!. �r• is r, ��.�♦ d ir. t ., ILAr -ECTIVE L 81U.Ty' +: � ;tom l .:L'�;Y�.lr,};bn., fl; j'. i1�. ;Y'.. �.i' ., ` va""r�� ' ., • � . i.} �t� .mot• .. ,... Z ,. a~;a , POLIC '$^ T; iy ?t iy.�a\ r Jet ° Ci � ♦ t'7�a,` �f 1, :� ., '.i� { ...y„''kxvr�'' r�1,:<'• liv,; t.)t {. i+ ,. \. zJ'r .. (• l Y)L Jai u. C >'�r„y At u • 't• .' lr Y io nwu—Vi i4, as t ,}tP •V .'�• a'. rn ., } �?jj NIAIRYLAND CASVALTl� lS fa,. 'l �4 4L�° IV��RE �VIARI(LA.,1 ® 2"1203 r� A . STOCK COM NY r MMYLAND � n"!t 1 , t .Ui. `yw jvil" �#.,,h ,� i' {;:� a Y.�`•`.i�. ffr' ., r' r ANt11TSb'USMIt S�•HAI AN AMC RICAN GENEf1Al('UMPANV . I • 'z ' 1 47735(Ed. 4'87) h „ OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS This Polipy consists of this Declarations Form,the Owners and Contractors Protective Liability MARYLAND CASUALTY COMPANY Form prxf the Endorsements indicated as applicable. BALTIMORE,MD 21203 . Q Ec 88208889 A Stock Company ® NEW ❑ RENEWAL OF y 1.NAMED INSURED and MAILING ADDRESS: City of Jefferson City 320 East McCarty Jefferson City, MO 65101 Attn: Bonnie Hubert 2.POLICY PERIOD:From 11-16-88 to 11-16-89 12:01 A.M.Standard Time at your Mailing Address above. AGENT: BOCODEJ PRODUCER I BRANCH OFFICE 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. 3.LIMITS OF INSURANCE AGGREGATE LIMIT $ 800,000, EACH OCCURRENCE LIMIT $ 100.'000-.1800400- Designation and Mailing Address of Contractor. thous Contractors, Inc, Route #3, Liberty Road Jefferson City, MO Location of Covered Operations(Same as Item 1 unless shown below): ®Project: Storm Drainage Project Phase 1 CLASSIFICATION CODE;NO. PREMIUM BASE RATE PER$1000 ADVANCE PREMIUM OF COST Construction Operations - owner (not railroads) - excluding operations on board ships 16292 c)109,000 INCLUDED 167. 4.FORMS/ENDORSEMENTS APPLICABLE:IL 00 21 (11-85); 47925(1-87); TOTAL PREMIUM IL0017(11-85); 110003(11-85); IL0101(11-85); CG0009(11-85); FOR THIS ► $ 167. =929(9-87)l 4713514—A71 COVERAGE PART 5.FORM OF BUSINESS: 0 Individual 0 Joint Venture 0 Partnership ® Organization(Other than Par nership or Joint Venture) 2-14-89 Municipality Countersigned: By: Date Authorized Represent rive SrGVD Includos copyrghtod metalel d Ineyxencn Services gtke,Inc,with Ns permssbn Copyrlp 11rance services Otf",Inc,19M 47736 Ed.4-87 MARYLAND CASUALTY COMPANY * Baltimore,Maryland 21203 A Stock Company NORTHERN INSURANCE CO. OF N.Y. New York, New York 10038 A Stock Company • QUICK REFERENCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY DECLARATION PAGE Named Insured and Mailing Address Policy Period Designated Contractor and Mailing Address Location of Operations Limits of Insurance Endorsements- IL 00 21 11 85 (Broad Form Nuclear Exclusion) SECTION I-COVERAGES Beginning on Page Bodily Injury and Property Insuring Agreements . . . . . . . . . . . . . . . . . . 1 Damage Liability Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ® Supplementary Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION II-WHO IS AN INSURED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION III-LIMITS OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION IV-CONDITIONS Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Duties In the Event Of Occurrence, Claim or Loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Examination of Your Books and Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Inspection and Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Legal Action Against Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Other Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PremiumAudit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Separation of Insureds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Transfer of Rights of Recovery Against Others To Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION V-DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ENDORSEMENTS (IF ANY) Copyright, Insurance Services Office, Inc., 1984 47925 Ed.IV COMMON POLICY CONDITIONS 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 Declara- We have the right but are not obligated to: tions may cancel this policy by mailing or I. Make inspections and surveys at any time; delivering to us advance written notice of 2. Give you reports on the conditions we find; and cancellation. 2. We may cancel this policy by mailing or deliver- 3. Recommend changes. ing to the first Named Insured written notice of Any inspections, surveys, reports or recommenda- cancellation at least: tions relate only to insurability and the premiums to a. 10 days before the effective date of cancella- be charged.We do not make safety inspections.We tion if we cancel for nonpayment of premium; do not undertake to perform the duty of any person or or organization to provide for the health or safety of workers or the public. And we do not warrant that b. 30 days before the effective date of cancella- conditions: tion if we cancel for any other reason. 1. Are safe or healthful; or 3. We will mail or deliver our notice to the first 2. Comply with laws, regulations, codes or stan- Named Insured's last mailing address known to dards. US. 4. Notice of cancellation will state the effective This condition applies not only to us,but also to any date of cancellation. The policy period will end rating, advisory, rate service or similar organiza- on that date. tion which makes insurance inspections, surveys, 5. If this policy is cancelled, we will send the first reports or recommendations. Named Insured any premium refund due. If we E. PREMIUMS cancel, the refund will be pro rata. If the first The first Named Insured shown in the Declarations: Named Insured cancels,the refund may be less 1. Is responsible for the payment of all premiums; than pro rata. The cancellation will be effective and even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- 2. Will be the payee for any return premiums we cient proof of notice. pay' B. CHANGES F. TRANSFER OF YOUR RIGHTS AND DU- TIES UNDER THIS POLICY This policy contains all the agreements between Your rights and duties under this policy may not be you and us concerning the insurance afforded.The transferred without our written consent except in first Named Insured shown in the Declarations is authorized to make changes in the terms of this the case of death of an individual named insured. policy with,our consent.This policy's terms can be If you die,your rights and duties will be transferred amended or waived only by endorsement issued by to your legal representative but only while acting us and made a part of this policy. within the scope of duties as your legal represen- tative. Until your legal representative is appointed, C. EXAMINATION OF YOUR BOOKS AND anyone having proper temporary custody of your RECORDS property will have your rights and duties but only We may examine and audit your books and records with respect to that property. as they relate to this policy at any time during the policy period and up to three years afterward. IL 00 17 1185 Copyright, Insurance Services Office, Inc., 1982, 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENC®RSMENT (Broad Form) 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 PROTECTIVEAND HIGHWAY LIABILITYPOLICY NEWYORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1) The "nuclear material" (a)is at any"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- (1) With respect to which an insured" charged or dispersed therefrom;under (2) The "nuclear material" is contained in the policy is also an insured under a "spent fuel" or "waste" at any time nuclear energy liability policy issued by Nuclear Energy Liability Insurance Asso- possessed, handled, used, processed, ciation, Mutual Atomic Energy Liability stored, transported or disposed of by or Underwriters,Nuclear Insurance Associa- tion of Canada or any of their successors, (3) The "bodily injury" or "property dam- or would be an insured under any such age" arises out of the furnishing by an policy but for its termination upon ex- "insured"of services,materials,parts or haustion of its limit of liability; or equipment in connection with the plan- (2) Resulting from the "hazardous proper- ning, construction, maintenance, opera- ties" of "nuclear material" and with tion or use of any nuclear facility, but if respect to which(a)any person or organi- such facility is located within the United zation is required to maintain financial States of America, its territories or pos- protection pursuant to the Atomic Energy sessions or Canada, this exclusion (3) Act of 1954, or any law amendatory applies only to property damage to thereof, or (b) the "insured" is, or had such nuclear facility and any property this policy not been issued would be, thereat. entitled to indemnity from the United 2. As used in this endorsement: States of America,or any agency thereof, "Hazardous properties" include radioactive, under any agreement entered into by the toxic or explosive properties; United States of America, or any agency "Nuclear material" means "source mate- thereof, with any person or organization. rial," "Special nuclear material" or "by-pro- B. Under any Medical Payments coverage,to ex- duct material;" penses incurred with respect to "bodily in- "Source material," "special nuclear mate- jury" resulting from the "hazardous proper- rial," and "by-product material" have the ties"of"nuclear material" and arising out of meanings given them in the Atomic Energy the operation of a "nuclear facility" by any Act of 1954 or in any law amendatory thereof; person or organization. "Spent fuel" means any fuel element or fuel C. Under any Liability Coverage, to "bodily component, solid or liquid, which has been Injury" or"property damage" resulting from used or exposed to radiation in a "nuclear the "hazardous properties" of "nuclear ma- reactor;" terial," if: IL 00 211185 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 O s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM { This endorsement modifies Insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESS AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART ' FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART ' s. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued.On each renewal,continuation,or anniversary of the effective date of this policy,we will compute the premium in accordance with our rates and rules then in effect. rat', _" .• IL 00 03 11 85 Copyright, Insurance Services Office, Inc., 1983 • p Copyright, ISO Commercial Risk Services, Inc., 1983 o \ ... ............ LILJ xz W / \ UJ \ � a0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION EN®ORSMENT (Broad Form) 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 any"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- (1) With respect to which.an insured under charged or dispersed therefrom; the policy is also an insured under a (2) The "nuclear material" is contained in nuclear energy liability policy issued by "spent fuel" or "waste" at any time possessed, handled, used, processed, Nuclear Energy Liability Insurance Asso- ciation, Mutual Atomic Energy Liability stored, transported or disposed of by or Underwriters,Nuclear Insurance Associa- tion of Canada or any of their successors, (3) The "bodily injury" or "property dam- or would be an insured under any such age" arises out of the furnishing by an policy but for its termination upon ex- "insured" of services, materials,parts or haustion of its limit of liability; or equipment in connection with the plan- (2) Resulting from the "hazardous proper- ning, construction, maintenance, opera- ties" of "nuclear material" and with tion or use of any"nuclear facility," but if respect to which(a)any person or organi- such facility is located within the United zation is required to maintain financial States of America, its territories or pos- protec tion pursuant to the Atomic Energy sessions or Canada, this exclusion (3) Act of 1954, or any law amendatory applies only to "property damage" to thereof, or (b) the "insured" is, or had such "nuclear facility" and any property this policy not been issued would be, thereat. entitled to indemnity from the United 2. As used in this endorsement: States of America,or any agency thereof, "Hazardous properties" include radioactive, under any agreement entered into by the toxic or explosive properties; United States of America, or any agency "Nuclear material" means "source mate- thereof, with any person or organization. rial," "Special nuclear material" or "by-pro- B. Under any Medical Payments coverage,to ex- duct material;" penses incurred with respect to "bodily in- "Source material," "special nuclear mate- jury" resulting from the "hazardous proper- rial," and "by-product material" have the ties" of"nuclear material" and arising out of meanings given them in the Atomic Energy the operation of a "nuclear facility" by any Act of 1954 or in any law amendatory thereof; person or organization. "Spent fuel" means any fuel element or fuel C. Under any Liability Coverage, to "bodily component, solid or liquid, which has been injury" or"property damage" resulting from used or exposed to radiation in a "nuclear the "hazardous properties" of "nuclear ma- reactor;" terial," if: IL 00 211185 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 0 "Waste" means any waste material (a) contain- (c) Any equipment or device used for the pro-' ing"by-product material" other than the tailings cessing,fabricating or alloying of"special or wastes produced by the extraction or con- nuclear material" if at any time the total centration of uranium or thorium from any ore amount of such material in the custody of processed primarily for its "source material" the "insured" at the premises where content, and (b) resulting from the operation by such equipment or device is located con- any person or organization of any "nuclear sists of or contains more than 25 grams of facility" included under the first two paragraphs plutonium or uranium 233 or any com- of the definition of "nuclear facility." bination thereof,or.more than 250 grams "Nuclear facility" means: of uranium 235; (a) Any"nuclear reactor;" (d) Any structure, basin, excavation, prem- ises or place prepared or used for the (b) Any equipment or device designed,or storage or disposal of "waste;" used for (1) separating the isotopes of uranium or plutonium, (2) processing or and includes the site on which any of the forego- utilizing"spent fuel,"or(3)handling,pro- ing is located, all operations conducted on such cessing or packaging "waste;" site and all premises used for such 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 radioac- tive contamination of property.' Page 2 of 2 Copyright, Insurance Services Office, Inc., 1983, 1984 IL 00 21 11 85 r ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESS AUTO COVERAGE PART f; COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART ;s SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued.On each renewal,continuation,or anniversary of the effective date of this policy,we will compute the premium in accordance with our rates and rules then in effect. 1 v; IL 00 03 1185 Copyright, Insurance Services Office, Inc., 1983 f '; Copyright, ISO Commercial Risk Services, Inc., 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART A. The CANCELLATION Common Policy Condition is 6. If notice is mailed, proof of mailing will be replaced by the following: sufficient proof of notice. CANCELLATION, NON RENEWAL AND DECREASES B. If partial loss or damage to Covered Property is IN COVERAGE caused by or results from fire, the LOSS PAY- 1. The first Named Insured shown in the Dec- MENT Loss Condition is replaced by the following: larations may cancel this policy by mailing or Loss Payment delivering to us advance written notice of a. In the event of partial loss or damage covered cancellation. by this Coverage Form,at your option,we will 2. We may cancel, not renew, reduce in amount either: or adversely modify this policy by mailing or (1) Pay you an amount of money equal to the delivering to the first Named Insured written damage done; or notice of this action at least: (2) Repair the damage, so that the property a. 10 days before the effective date of this is in as good a condition as before the fire. action if due to nonpayment of premium or evidence of incendiarism; or But we will not pay more than the Limit of b., 30 days before the effective date of this Insurance. action if for any other reason. b. We will not pay you more than your financial 3. We will mail or deliver our notice to the first interest in the Covered Property. Named Insured's last mailing address known c. We may adjust losses with the owners of lost to us. or damaged property if other than you. If we pay the owners, such payments will satisfy 4. Notice of: your claims against us for the owners'.prop- a. Cancellation will state the effective date erty. We will not pay the owners more than of cancellation.The policy period will end their financial interest in the Covered on that date. Property. b. Any other action will state the effective d. We may elect to defend you against suits aris- date of that action. ing from claims of owners of property.We will 5. If this policy is cancelled, not renewed, do this at our expense. reduced in amount or adversely modified,we e. We will pay for covered loss or damage within Will send the first Named Insured any pre- 30 days after we receive the sworn statement mium refund due. If we take this action, the of loss, if: refund will be. pro rata. If the first Named Insured cancels,the refund may be less than (1) You have complied with all the terms of pro rata. This action will be effective even if this Coverage Part; and f` we have not made or offered a refund. (2) (a) We have reached agreement with you on the amount of loss; or (b) An appraisal award has been made. Copyright, Insurance Services Office, Inc., 1984, 1985 IL 01 01 11 85 Copyright, ISO Commercial Risk Services, Inc., 1984, 1985 ❑ COMMERCIAL GENERAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. b. Damages because of "bodily injury" include Read the entire policy carefully to determine rights, damages claimed by any person or organization duties and what is and is not covered. for care, loss of services or death resulting at any Throughout this policy the words "you" and "your" time from the "bodily injury." . refer to the Named Insured shown in the Declara- c. "Property damage"that is loss of use of tangible tions. The words "we", "us" and "our" refer to the property that is not physically injured shall be Company providing this insurance. deemed to occur at the time of the "occurrence" The word "insured" means any person or organiza- that caused it. tion qualifying as such under SECTION II - WHO IS 2. Exclusions. AN INSURED. This insurance does not apply to: Other words and phrases that appear in quotation a. "Bodily injury" or "property damage" expected marks have special meaning. Refer to SECTION V - or intended from the standpoint of the insured. DEFINITIONS. This exclusion does not apply to "bodily injury" SECTION I - COVERAGES resulting from the use of reasonable force to (BODILY INJURY AND PROPERTY DAMAGE protect persons or property. LIABILITY b. "Bodily injury" or "property damage" for which 1. Insuring Agreement. the insured is obligated to pay damages by rea- a. We will pay those sums that the insured be- son of the assumption of liability in a contract comes legally obligated to pay as damages be- or agreement. This exclusion does not apply to cause of bodily injury" or"property damage" to liability for damages: which this insurance applies. No other obli- (1) Assumed in a contract or agreement that is gation or liability to pay sums or perform acts or an "insured contract;" or services is covered unless explicitly provided for (2) That the insured would have in the absence under SUPPLEMENTARY PAYMENTS. This in- of the contract or agreement. surance applies only to "bodily injury" or"bodily injury c, "Bodily injury" or "property damage" which policy period. The property damage which occurs during the or occurs after the earliest of the following times: damage" must be caused by an "occurrence" (1) When all "work" on the project (other than and arise out of: service, maintenance or repairs) to be per- (1) Operations performed for you by the "con- formed for you by the "contractor" at the site tractor" at the location specified in the Decla- of the covered operations has been com- rations; or plated; or (2) Your acts or omissions in connection with (2) When that portion of the "contractor's" the general supervision of such operations. "work", out of which the injury or damage arises, has been put to its intended use by any We will have the right and duty to defend any person or organization. This exclusion does "suit" seeking those damages. But: not apply to any contractor or subcontractor (1) The amount we will pay for damages is lim- working directly or indirectly for the "con- ited as described in SECTION III - LIMITS OF tractor" or as part of the same project. INSURANCE; d. "Bodily injury" or"property damage" arising out (2) We may investigate and settle any claim or of'your, or your employees', acts or omissions "suit" at our discretion; and other than general supervision of "work" per- formed for you by the "contractor." (3) Our right and duty to defend end when we e. Any obligation of the insured under.a workers in the payment of judgments or settlements. have used the applicable limit of insurance compensation, disability benefits or unemploy- ment compensation law or any similar law. CG 00 09 11 85 Copyright, Insurance Services Q,ff ice, Inc., 1984 Page 1 of 6 0 COMMERCIAL GENERAL LIABILITY f. "Bodily injury" to: (i) if the pollutants are brought on or to (1) An employee of the insured arising out of the site or location in connection with and in the course of his employment by the such operations; or insured; (ii) if the operations are to test for, mon- (2) The spouse, child, parent, brother or sister itor, clean up, remove, contain, treat, of that employee as a consequence of (1) detoxify or neutralize the pollutants. above. (2) Any loss, cost, or expense arising out of any This exclusion applies: governmental direction or request that you (1) Whether the insured may be liable as an test for, monitor, clean up, remove, contain; employer or in any other capacity; and treat, detoxify or neutralize the pollutants. (2) To any obligation to share damages with or Pollutants means any solid, liquid, gaseous or repay someone else who must pay damages thermal irritant or contaminant, including smoke, because of the injury. vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, This exclusion does not apply to liability as- reconditioned or reclaimed. sumed by the insured under an "insured con- k. "Property damage" to "impaired property" or > tract". � "Property damage" to: property that has not been physically injured, g• P arising out of: (1) Property,you own, rent, or occupy; (1) A defect, deficiency, inadequacy or danger- (2) Property loaned to you; ous condition in "work" performed for you by (3) Personal property in your care, custody or the "contractor;" or control; or (2) A delay or failure by you or anyone acting (4) "Work" performed for you by the "contrac- on your behalf to perform a contract or tor." agreement in accordance with its terms. h. "Bodily injury" or "property damage" due to This exclusion does not apply to the loss of use war, whether or not ,declared, or any act or of other property arising out of sudden and ac- condition incident to war. War includes civil cidental physical injury to "work" performed for war, insurrection, rebellion or revolution. This you by the "contractor." exclusion applies only to liability assumed un- SUPPLEMENTARY PAYMENTS der: We will pay, with respect to any claim or "suit," we (1) An "insured contract;" or defend: (2) Expenses for first aid. 1. All expenses we incur. L "Bodily injury" or "property damage" arising out 2. Up to$250 for cost of bail bonds required because of the use of "mobile equipment" in, or while in of accidents or traffic law violations arising out of practice or preparation for, a prearranged racing, the use of any vehicle to which this insurance ap- speed or demolition contest or in any stunting plies. We do not have to furnish these bonds. activity. ` 1 -Bodily injury' or " " 3. The cost of bonds to release attachments, but only j. ( ) y , property damage arising for bond amounts within the applicable limit of out of the actual, alleged or threatened dis- insurance. We do not have to furnish these bonds. charge, dispersal, release or escape of pollutants: 4. All reasonable expenses incurred by the'insured (a) At or.from premises you own, rent or oc- at our request to assist us in the investigation'or cupy; defense of the claim or "suit," including actual loss (b) At or from any site or location used by or of earnings up to $100 a day because of time off for you or others for handling, storage, dis- from work. posal, processing or treatment of waste;treated,any time transported, han- 5. All costs taxed against the insured in the "suit." (c) Which are Pre-judgment interest awarded against the insured dled, stored, treated, disposed of, or proc- 6.on that part of the judgment we pay. If we make essed as waste by or for you or any person an offer to a the applicable. limit of insurance, t or organization for whom you may be le- pay pp gally responsible; or we will not pay any pre-judgment interest based (d) At or from any site or location on which on that period of time after the offer. you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: Page 2 of 6 Copyright, Insurance Services Qff ice, Inc., 1984 CG 00 09 11 85 13 i w COMMERCIAL GENERAL LIABILITY t 7. All interest on the full amount of any judgment 2. The Aggregate Limit is the most we will pay for that accrues after entry of the judgment and before the sum of damages because of all "bodily injury" we have paid, offered to pay, or deposited in court and "property damage." the part of the judgment that is within the appli- 3. Subject to 2. above, the Each Occurrence Limit is cable limit of insurance. the most we will pay for the sum of damages be- 8. Expenses incurred by the insured for first aid to cause of "bodily injury" and "property damage" others at the time of an accident, for "bodily in- arising out of any one "occurrence." jury" to which this insurance applies. If you designate more than one project in the Dec- These payments will not reduce the limits of insur- larations, the Aggregate Limit shall apply separately ance. to each project. SECTION 11 - WHO IS AN INSURED The limits of this Coverage Part apply separately to 1. If you are designated in the Declarations as: each consecutive annual period and to any remain- a. An individual, you and your spouse are in- ing period of less than,12 months, starting with the sureds. beginning of the policy period shown in the Decla- rations, unless the policy period,is extended after is- b. A partnership or joint venture, you are an in- suance for ah additional period of_ less than 12 y < sured. Your members, your partners, and their months. In that case, the additional period will be ` spouses are also insureds, but only with respect deemed part of the last preceding period for pur- to their duties as partners or members of a joint poses of determining the Limits of Insurance. venture. s c. An organization other than a partnership or joint SECTION IV - CONDITIONS venture, you are an insured. Your executive of- 1. Bankruptcy. ficers and directors are insureds, but only with Bankruptcy or insolvency of the insured will not re- respect to their duties as your officers or direc- lieve us of our obligation under this Coverage Part. tors. Your stockholders are also insureds, but 2. Cancellation. only with respect to their liability as stockhold- ers. a. The first Named Insured shown in the Declare- 2. Each of the following is also an insured: tions may cancel this policy by mailing or deliv- ering to us advance written notice of a. Any person (other than your employee) or any cancellation. Y organization while acting as your real estate manager. b. We may cancel this policy by mailing or deliv- ering to the first Named Insured and the "con- b. Any person or organization having proper tem- tractor" written notice of cancellation at least: porary custody of your property if you die, but only: (1) 10 days before the effective date of cancel- (1) With respect to liability arising out of the cancel- lation if we cancel for non-payment of pre- (1) or maintenance or use of that property; and (2) Unt;l.your legal representative has been ap- (2) 30 days before the effective date of cancel- #` pointed. lation if we cancel for any other reason. c. Your legal representative if you die, but only c. We will mail or deliver our notices to the first s with respect to duties.as such. That represen- Named address k and the "contractor's" last tative will have all your rights and duties under mailing address known to us. ! this Coverage Part. d. Notice of cancellation will state the effective date of cancellation. The policy period will end No person or organization is an insured with respect on that date. ' ' to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured e. If this policy is cancelled, we will send the in the Declarations. "contractor" any premium refund due. If we SECTION III - LIMITS OF INSURANCE cancel, the refund will be pro rata. If the first 1. The Limits of Insurance shown in the Declarations Named Insured or the "contractor" cancels, the refund may be less than pro rata. The cancella- and the rules below fix the most we will pay re- tion will be effective even if we have not made gardless df the number of: or offered a refund. a. Insureds; K� f. If notice is mailed, proof of mailing will be suf- b. Claims made or "suits" brought; or ficient proof of notice, ' c. Persons or organizations making claims or ti bringing "suits." E; CG 00 09 11 85 Copyright, Insurance Services Qff ice, Inc., 1984 Page 3 of 6 O f i r• COMMERCIAL GENERAL LIABILITY t 3. Changes. Any inspections, surveys, reports or recommen- (; This policy contains all the agreements between dations relate only to insurability and the premi- you, the "contractor" and us concerning the in- ums to be charged. We do not make safety a surance afforded. The first Named Insured shown inspections. We do not undertake to perform the duty of any person or organization to provide for r in the Declarations and the "contractor" are au- the health or safety of workers or the public. And thorized-to make changes in the terms of this pol- icy with our consent. This policy's terms can be x° amended or waived only by endorsement issued a. Are safe or healthful; or by us and made a part of this policy. b. Comply with laws, regulations, codes or stand- 4. Duties In The Event Of Occurrence, Claim ards. or Suit. : This condition applies not only to us, but also to a. You must see to it that we are notified promptly any rating, advisory, rate service or similar organ- of an "occurrence" which may result in a claim. ization which makes insurance inspections, sur- Notice should include: veys, reports or recommendations. (7) How, when and where the "occ"urrence" 7. Legal 9 Action Against Us. took place; and ' No person or organization has a right under this (2) The names and addresses. of any injured Coverage Part: persons and.witnesses. a. To join us as a party or otherwise bring us into b. If a claim is made or "suit" is brought against a "suit" asking for damages from an insured; or any.insured, you must see to it that we receive b. To sue us on this Coverage Part unless all of its ¢: prompt written notice of the claim or "suit". terms have been fully complied witia. c. You.and anti other involved insured must: A person or organization may sue us to recover on (7) Immediately an agreed settlement or on a send us copies of any demands, against•an insured obtained after a final judgment n actual trial; notices, summonses or legal papers received a in connection with the claim or "suit"; but we will not be liable for damages that are not Id payable under the terms of this Coverage Part or ;• (2) Authorize us to obtain records and other in- that are in excess of the applicable limit of insur- formation; ance. An agreed settlement means a settlement (3) Cooperate with us in the investigation, and release of liability signed by us, the insured settlement or defense of the claim or "suit;" and the claimant br the claimant's legal represen- and tative. (4) Assist us, upon our request, in the enforce- 8. Other Insurance. c: ment of any right against any person or or- The insurance afforded by this Coverage Part is ganization which may be liable to the insured primary insurance and we will not seek contrib- because of injury or damage to which this in- ution from any other insurance available to, you surance may also apply. unless the other insurance is provided by a con- d. No insureds will, except at their own cost, vol- tractor other than the designated "contractor" for the same operation and job location designated in vol- untarily make a payment, assume any obligation, � or incur any expense, without our consent.< the Declarations. Then we will share with that other insurance by the method described below.-. i 5. Examination of Your Books And Records. If all of the other insurance permits contribution We•may examine and audit your books and records by equal shares, we will follow this method also. as well as the "contractor's" books and records as Under this approach, each insurer. contributes they relate to this policy at any time during the equal amounts until it has paid its applicable limit policy period and up to three years afterward. of insurance or none of the loss remains, which- ' 6. Inspections and.Surveys. ever comes first. We have the right but are not obligated to: If any of the other insurance does not permit con- tribution by equal shares, we will contribute by, a. Make inspections and surveys at any time; limits. Under this method, each insurer's share is b. Give you reports on the conditions we find; and based on the the ratio of its applicable limit of in- c. Recommend changes., surance to the total applicable limits of insurance of all insurers. Page 4 of 6 Copyright, Insurance Services Qffice, Inc., 1984 CG 00 09 11 85 ❑ f I iAuvk� • COMMERCIAL GENERAL LIABILITY 9. Premiums. a. It incorporates work performed for you that is The "contractor:" known or thought to be defective, deficient, in- adequate or dangerous; or a. Is responsible for the payment of all premiums; b. You have failed to fulfill the terms of a contract and or agreement; b. Will be the payee for any return premiums we if such property can be restored to use by: pay. 10. Premium Audit. a. The repair, replacement, adjustment or removal of the work prepared for you; or a. We will compute all premiums for this Coverage b, Your fulfilling the terms of the contract or Part in accordance with our rules and rates. agreement. b. Premium shown in'this Coverage Part as ad- 6. "Insured contract" means: vance premium is a deposit premium only.At the close of each audit period we will compute the a. A lease of premises; earned premium for that period. Audit premiums b. A sidetrack agreement; are due and payable on notice to the "contrac- tor". If the sum of the advance and audit pre- c. An easement or license agreement 'in con- miums paid for tho policy term is greater than nection with vehicle or pedestrian private rail- the earned premium, we will return the excess road crossings at grade; to the "contractor". d. Any other easement agreement, except in con- c. The "contractor" must keep records of the in- nection with construction or; demolition oper- formation we need for premium computation, ations on or within 50 feet of a railroad; and send us copies at such times as we may re- a. An indemnification of a municipality as required quest. by ordinance, except in connection with work 11. Separation Of Insureds. for a municipality; or .Except with respect to the Limits of Insurance, and f. An elevator maintenance agreement. any rights or duties specifically assigned in this g, "Mobile equipment" means any of the following Coverage Part to the first Named Insured, this insur- types of land vehicles, including any attached ance applies: machinery or equipment: a. As if each Named Insured were the only Named a, Bulldozers, farm machinery, forklifts and other Insured; and vehicles designed for use principally off public b. Separately to each insured against whom claim roads; is made or "suit" is brought. b. Vehicles maintained for use solely on or next to 12. Transfer Of Rights Of Recovery Against premises you own or rent; Others To Us. c. Vehicles that travel on crawler treads; If the insured has rights to recover all or part of any payment we have made under this Coverage Part d. Vehicles, whether self-propelled or not, main- those rights are transferred to us. The insured must tained primarily to provide,mobility to perma•• . do nothing after loss to impair them. At our request, nently mounted, the insured will bring "suit" or transfer those rights (1) Power cranes, shovels, loaders, diggers or to us and help us enforce them. drills; or SECTION V - DEFINITIONS (2) Road construction or resurfacing equipment 1. "Auto" means a land motor vehicle, trailer or such as graders,scrapers or rollers; semitrailer designed for travel on public roads, in- e. Vehicles not described in a., b.; c. or d. above cluding any attached machinery or equipment. that are not self-propelled and are maintained But "auto" does not include "mobile equipment." primarily to provide mobility to permanently at- 2. "Bodily injury" means bodily injury, sickness or tached equipment of the following types: disease sustained by a person, including death re- (1) Air compressors, pumps and generators, in- sulting from any of these at any time. cluding spraying, welding, building cleaning, 3. "Contractor" means the contractor designated in geophysical exploration, lighting and well the Declarations, servicing equipment; or 4. "Impaired property" means tangible property, (2) Cherry pickers and similar devices used to . other than work performed for you, that cannot be raise or lower workers; used or is less useful because: CG 00 09 11 85 Copyright, Insurance Services Office, Inc„ 1984 ,, i Page 5 of;0 Q t COMMERCIAL GENERAL LIABILITY { . 1 f. Vehicles•not described in a., b., c. or d. above 7. "Occurrence" means an accident including con- maintained primarily for purposes other than.the tinuous or repeated exposure to substantially the transportation of persons or cargo. same general harmful conditions. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- j ment are not "mobile equipment" but will be a. Physical injury to tangible property, including considered "autos": all resulting loss of use of that property; or (1) Equipment designed primarily for:' b. Loss of use of tangible property that Is not i physically injured. (a) Snow removal; 9. "Suit" means-a civil proceeding, brought in the i (b) Road maintenance, but not construction United States of America (including its territories or resurfacing; and possessions), Puerto Rico and Canada, in (c) Street cleaning; which damages because of "bodily injury"-,or (2) Cherry pickers and similar devices mounted- "property damage" to which this insurance applies on automobile,or truck chassis and used to are alleged. "Suit" includes an .arbitration pro- raise or lower workers; and ceeding alleging such damages to which.you must (3) Air compressors, pumps and generators,.in- submit or submit with our consent. cluding spraying, welding, building cleaning, 10• "Work" includes materials, parts or,equipment geophysical exploration, lighting and well furnished in connection with the operations. servicing equipment. i I 1 r ,Page*6 of 6 Copyright, Insurance Servlces•OffIce, Inc., 1984 CG 00 0911 86 C COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - CANCELLATION r . AND NONRENEWAL This endorsement 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: (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) 80 days before the effective date of the "contractor" written notice of cancel- cancellation if we cancel for any other lation, stating the actual reason for can- '' , cellation, at least: reason. (1) 10 days before the effective date of B. The following is added to CONDITIONS: cancellation if we cancel for nonpay- NONRENEWAL Tent 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 nonrenewai, 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 assumed; CG 29 29 09 87 Copyright, Insurance Services Office, Inc„ 1987 p r Y � • •ausaU Any correspondence in relation to this bond should be directed to: ILVP Insurance Wausau Insurance Companies , Bond Department Companies 2000 Westwood Drive Box 8017 PERFORMANCE BOND Wausau, Wisconsin 54402-8017 KNOW ALL MEN BY 'T'HESE PRESENTS: Bond Number 0750-21-049797–C That Twehous Contractors Tnc (Here insert full name and address or legal title of contractor) 8207–A Liberty Road, Jefferson City, MIssouri 65101 as Principal, hereinafter called Contractor, and Employers TnanranrP of Wausau A Mutual Company__, (Here insert full name and address or legal title of Surety) 2000 Westwood Drive, Wausau, Wisconsin as Surety, hereinafter called Surety, are held and firmly bound unto City of Jefferson Missouri* 32n F Merl' Jefferson City Mn f,51n1 Mere insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Nine Thousand One Mindret'l Faurt3r and 50/100 Dollars($ 109.140- 5n ), for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS,Contractor has by written agreement dated November 9, 19 88 entered into a contract with Owner for 1988 Storm Water Drainage Pro jPrt PhacA T' City of Jefferson (Here insert full name.address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full nanic and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ® NOW,THEREFORE.THE CONDITION OF 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 extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to he in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1) Complete the Contract in accordance with its terms and conditions.or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Suretyjointly of the lowest responsible bidder,arrange fora contract between such bidder and Owner,and make availablcas Work progresses(even though there should be it default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price.but not exceeding,including other costs and damages for which the Surety may he liable hereunder,the amount set forth in the first paragraph hereof'.The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor, Any suit under this hond must he instituted before the expiration of two(2)years from the dale on which final payment under the Contract falls due or before the expiration of uric(1)year from the Date of Substantial Completion of the project,whichever is later. No right of action shall accrue on this hond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of the Owner. Signed and sealed this 9th day of November —, 19 AR Twehous Contractors Inc. (Principal) (Seal) (Witness) D 2PJ t (1'itic) 1 Employers Insurance of Wausau A Mutual Cry (Surety) (Seal) N_v (Attorney-in-Fact) ono a S. Caruthers (I'1 ttl5.4.138 787 I'R M. USA No. 207-027- 00551 EMPIAMERS INSURANCE OF WAUMAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN IlY IIESE I'llESENTS: That th('EMIIIA)YEHS INSURANCE OF WAIISAII A Mutual f'ontpony,a corporal ion duly orgonim-d anti exisIing under the• laws of till.State of Wisconsin, and having its principal office in till,City cif Wausau. County of Marathon, Staty of Wisconsin,has mode.constituted and appointed,and does by these presents milk(-.constitute and appoint -- _ BONNIE__5-, CARUTHERS its true and lawful attorney-in-feet,with full power and authority hereby conferred in itslnn�ml.,phive�and stead,to execute; acknowledge INt�fHld NAeIrl1f2F'''I'HEItF;,OF li(NOT TO IEXCEEDI TF1 �N�UM bPS TWU(}�If�Ltl Ntl'I"I'M;ti Y FIVE HUNDRED THOUSAND DOLLARS ($2,500,000). z Wand to hind the corporation thereby as fully and to the same extent as ifsuch bonds were signed by the'President,sealed with Cr the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said z attorney-in-fact may du in the premises. This power of attorney is granted pursuant to the following resolution adopted by till.Hoard of f)irectors of snid Company at it Q meeting duly called and held on the 180h day of May, 15173•which resolution is still in effect: uJ "RESOLVED,that the President and any Vice President—elective or nppuintive—of EMPLOYERS INSURANCE OF Q_ WAUSAU A Mutual Company lie,and that each of them hereby is,authorized to execute powers of attorney qualifying Q the attorney named in the given power of attorney to execute on hehnll'uf F:bt1'LOYI:ItS INSURANCE OF WAUSAU A O Mutual Company bonds,undertakings and till contracts of suretyship;and that tiny secretary or assistant secretary he• and that each or tiny of them hereby is,authorized to attest the execution of any such power of attorney.and to attach z thereto the seal of EMPLOYERS INSURANCE, OF WAUSAU A Mutual Contpany:' W "FL1RTH Eli RESOLVED,that thesignaturesofsuch officers and I lie sl.al ofEMI'LOYERSINSURANCEOFWAUSAU O A Mutual Company may he affixed to any such power of utlornl.y nr►u nn} certil'icut(-roluting thl.rnto by facsimile,ttnd CJ any such power of attorney or certific•nte hearing such ftt(•sintil(-signtttu•es tuul I'ncsimilr seal shall he valid anti binding I— upon the EMPLOYERS INSURANCE,OF WAUSAU A Mutual Company when so affixed and in the future with respect z to any bond, undertaking or contract of suretyship to which it is attnc•hed:' IN WITNESS WHEI?EOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused those presents to he W signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day 0 P or JULY -. 19 87. EMPLOYERS INSURANCE OFAy.LAIPSAI1 A Mutual Company I= `•,SEALf By LL It.C. Retterath Senior Vice President W Attest: z j Cr Llz_liz� OR.J. 13 steman Assistant Secretary Q STATE OF WISCONSIN ) U_ )sm. O COUNTY OF MARATHON ) OC W On this 3 ST day of dill Y 19_, before me personally came OIt.C. Retterath to me known,who being by me duly sworn,did depose CL andsaythatheisaseniorvicepresidentofthel?Ml'I.OYI:RSINSUItANC'F.OFWAUSA1)AM tit ualCompany,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate J seal and that it was so affixed by order of the Board of Directors ol'said corporation and Thal he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed nay official seal the day and year herein first above written. Q O 1 z � Q1 Patricia A. Klertarn Notary Public (n NOTARY PUBLIC STATI:Oh WISCONSIN MY COMMISSION FXPIRFS,IL)Nr- 3, 1990 STATE OF WISCONSIN 1 CER'1'IFIC.ATE CI'T'Y OF W A I ISAII )ss. COI1NTY OF NIARATI10N ) 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, it Wisconsin corporation, do h(-rehy cvrtif;y that till. foregoing and attnch(-d power of attorney. WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN TIIE MARGIN THERFOF IN RED INK,remains in full force and lilts not been revoked;and 1'unthormnrothat the resolution ofthe Hoard ofDirectorssm forth in th(-pnwl.rol'rtlarnl.y isslill in force. Signed and sealed in till'('its of Wausau,Marathon('aunty,State ol'Wisconsin,this .---_9th (Illy of..-.---November - I11 88 cr; � SEAL R, ,I. Hcstcntun Assistant Secretory NOTE,: IF YOU HAVE ANY QUESTIONS RE(;ARDING THE VAI,IDITY Olt WORDING Oh TIIIS POWE'lt OF A'I"1'OItNI':1',('AI,1.'I'01.1.hIt!';E(Map)M'�(i•l0t)1.UN WISCONSIN,CALL(MIM•17'2.0041). Wausau Insurance Any correspondence in relation to this bond should be directed to: MR. Wausau Insurance Companies IV Companies Bond Department 2000 Westwood Drive THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE Box 8017 BOND IN FAVOR OF THE OWNER CONDITIONED ON THE Wausau,Wisconsin 54402.8017 FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond Number 750-71—(149797—C LABOR & MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Twehous Contractors, Inc. (fete insert lull name and address or legal tale of Contractor) 8207-A Liberty Road, Jefferson City, Missouri 65101 as Principal,hereinafter called Principal,and Employers Insurance of Wausau A Mutual Company (Hcre insert full name and address or legal title of Suret)1 2000 Westwood Drive, Wausau, Wisconsin as Surety, hereinafter called Surety,are held and firmly bound unto City of Jefferson, Missouri, 320 E. McCarty, Jefferson City, MO 65101 (Here insert lull name and address or legal title of Ouner) as ObIjgee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Nine Thousand One Hundred Fourty and 501100 Dollars($ 109,140.50 (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated November 9, 19 88 entered into a contract with Owner for TOR Storm Water T)rainagP Project Phase T, City of Jefferson (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal tide of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly 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 shaft remain in full force and effect,subject,however,to the 0following conditions: 1. A claimant isdcfined as one havinga direct contract with the Principal or with a Subcontractor ofthc Principal for labor.material,or both.used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined.w ho has not been paid in full before the expiration ofa period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may suc on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suitor action shall he commenced hereunder by any claimant: a) Unless claimant,other than one havinga direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,slating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the some by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surcty,at anyplace where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such scrs tcc nee.I not he made by public officer. b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contract or after the expiration of one(1)year following the date of Substantial Completion of the Project.whicheveris later,it being understood,however,that ifany limitation embodied in this bond is prohibited by any law cont rolling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. C) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4. The amount oft his bond shall be red uced by and to the extent of any payment or payments made in good faith hercu rider,inclusive oft he payment by Surety of mccha nics'liens which may he filed of record against said improvement,whether or not claim for the amount of such lien he presented under and against this bond, Signed and sealed this 9th day of - November _, 19_88 — Twehous Contractors, Inc. (Principal) (Seal) (Witness) �S By ('Title) Employers Insurance of Wausau A Mutual Company (Surety) (Seal) (Witness) By rQ/tQ (Attorney-in-Fact) Bonnie S. Caruther's (P)8154244 488 PRTD,USA No. 207-027- 00552 EM11MRS INSURANCE OF WXJSAU A Mutual Company 130WEII ON A'1"1'ORNF.Y KNOW AI,I,MEN BY THESE PRESENTS: That the EMPL.OYEIt,INSUItAN('E OF WAUSAIT A Muffin Comfit In y.a corporation duly organized and existing under the law.,; of till'State of Wisconsin, and having its principal office in the City of Wausau. ('aunty of Marathon.State of Wisconsin,hits made,constituted and appointed,and does by these presents make,conslitato and appoint BONNIE S. CARUTHERS its true and lawful attorney-in•fac•t,with full power find authority hereby conferred in its name•place and stead,to execute• seal, acknowledge and deliver ANN' OR AI,I. BONDS. UNDERTAKINGS I,( ( ,N ti O(�(1"� {h'It 1 I'l7E1.N OBI,16ATIONS IN THE NATURE TIIE.REOI NOT TO EXCEED THE �ENAL 5UM 6F' TWU M�LLl�Nt Y FIVE HUNDRED THOUSAND DOLLARS ($2,500,000). z Wand to bind the corporation thereby as fully and to the same extent as if such blinds were signed by the President,sealed with cc the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said z attorney-in-fact may do in the premises. CC This power of attorney is granted pursuant to the following resolution adopted by the Beard of I)irec•tors of said Company at it meeting duly called and held on the pith day of May, 197:3,which resolution is still in effect: a_ "RESOI,VEU,that the President and any Vice President—elective or appointive—of I•:MPLOYE•:ItS INSURANCE OF tl WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A I— Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary he. O and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach z thereto the seal of EMPLOYERS INSURANCE OF 1VAUSACI A Mutual Company:' w "FURTHER RFSOI,VED,that thesignatures ofsuc•h officers and theseal of EMPLOYERS INSURANCE OFWAUSAU O A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and 0 any such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall he valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect z to any bond, undertaking or contract of suretyship to which it is attached" 2 IN WITNESS WHEREOF,F.MPI.OYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be W signed h the senior vice resident and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST da I— g Y president Y.l P y of JULY , 19—Z. EMPLOYERS INSURANCE OF W US' A Mutual Company r DE-A �,� By QLL R.C. Retterath Senior Vice President ZAttest: ---- R.J. B steman Assistant Secretary Q STATE OF WISCONSIN ) )ss. O COUNTY OF MARATHON ) WOn this I ST day of it if Y 19_ 7 before me personally came R.C. Retterath to me known,who being by me duly sworn,did depose O and say(hill lie isa senior vice pr sident of I lie EM 11 I.OY I-RS I NS U R A NC 1:01:WA LISA U A M tit full Company,the corp'uration described in n and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors ol'said corporation fail that he signed his name thereto by like order. J IN WI•I•NISS WHEREOF• I have hereunto set my hand and affixed my official seal the day and year herein first above written, Q O z a � 1 Cf) Patricia A. Klenlan Notary Public U) NOTARY 1'UB1.1C STATI'..OF WISCONSIN MY COMMISSION I:XPIRES.IUNl?3, 1990 STATF OF WISCONSIN ) CERTIFICATE CITY OF WAIISAII COUNTY OF MARATHON ) 1, the undersigned• assistant secretary of EMI'I.OYE,RS INSURANCE OF WAUSAU A Mutual Company, it Wisconsin corporation• do horehv certil;v that the foregoing and attached power of attnrnoy, WHICH MUST CONTAIN A VALIDATING STATEMF,NT PRINTED IN'1 HE MARGIN THEREOF IN RED INK,remains in full force and has not heen revoked;and 1'tntherntorrthat theresolulinn ol'tho Board ol'I)ireclorsset forth in Ilu-pow'erofattorney is still in force, Signed and sealed in the City of Wausau,Marathon County,State of Wisconsin,this of._...._.November. tf► S8. Q.,),; R.,I. estenutn Assistant secretary NOTE,: IF YOU IIA\'E ANN' OIJESTIONS REX;AUDING THE VALIDITY OR WORDING OF TIIIS POWER OF AT I'OHNE.Y.CALL TOLL,FREE(800)826•I601,(IN WISCONSIN,CALL(800) 172•00.11), ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 11/16/88 .........................•----------------.........---•------------------•---•------•-------•--------------...............-_.. P,ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ] NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter-Dent & Company 101 East McCarty St. COMPANIES AFFORDING COVERAGE P.O. Box 1046 ----------•------------•------------------------------------------------------- Jefferson City, MO 65102 COMPANY 314-634-2122 LETTER A MARYLAND CASUALTY COMPANY ------------------------------------------------------------------------------- COMPANY ---------------------•------------------------ LETTER B INSURED ------------------------------------------------------------------------------- COMPANY TWEHOUS CONTRACTORS, INC. LETTER C ROUTE #3, LIBERTY ROAD COMPANY JEFFERSON CITY, MO LETTER D 65101 ------------------------------------------------------------------------------- COMPANY LETTER E ------------------------------------------------------------------------------------------------------------------------------ COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ------------------------------------- -------------------------.-------------------------------------------------------------- L i I TR TYPE Cf INSURANCE POLIC'i NUMBER IP DATE Y(MMjDD/YY)IP DATE Y(MM/DDlYY) I ALL LIMITS IN THWSANDS ---+---------------------------------+------------------+----------------+-----------------+---------------------------------- A GENERAL LIABILITY EP86821675 10-01-88 10-01-89 GENERAL AGGREGATE $1,000 [X] COMMERCIAL GENERAL LIABILITY PROD COMP/OPS AGGR $1,000 [X][ ] CLAIMS MADE [X] OCCURRENCE PERSONAL & ADV INJURY $1,000 [ ] OWNER'S & CONTRACTORS PROTECT EACH OCCURRENCE $1,000 [ ] FIRE DAMAGE(ONE FIRE) $50 [ ] MEDICAL EXPO PERSON) $5 --------------------------------------------------------+----------------------------------+---------------------------------- AUTOMOBILE LIABILITY CT02947721 10-01-88 10-01-89 CSL [X] ANY AUTO $1,000 [X] ALL OWNED AUTOS BODILY INJURY [X] SCHEDULED AUTOS (PER PERSON) $ [X] HIRED AUTOS BODILY INJURY [X] NON-OWNED AUTOS (PER ACCIDENT) $ [ ] GARAGE LIABILITY PROPERTY [ ] DAMAGE $ .._ ----------------------------------- -----------_-----+----------------------------------+---------------------------------- I[E]C0THERITHANIUMBRELLA FORM I I I I EACH OCCURRENCE I$ AGGREGATE ..................................... ------------------- ----------------- ----------------------------------------------------- STATUTORY A WORKERS' COMPENSATION TC922884993 10-01-88 10-01-89 $500, (EACH ACCIDENT) AND $500, (DISEASE POL) EMPLOYERS' LIABILITY $500, (DISEASE EACH EMP) ---+---------------------------------+------------------+----------------+-----------------+-----•- ...... OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS PROJECT: STORM DRAINAGE PROJECT, PHASE 1, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CERTIFICATE HOLDER I CANCELLATION -------------------------------------------------------------+------------------------------......--------------._...---..._ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR CITY OF JEFFERSON CITY TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 320 EAST MCCARTY TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO EFFERSON CITY, MO 65101 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS-OR-REPRES NTATIVES. .1TENTION: BONNIE HUBERT ----•- -------------- -•---------------------••- AUTNORI2ED R ESENT VE ACORD 25-S (11/85) ---------------------------•--...------......----.........•----•......- ----- - - -• ................ ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 11/17/88 ---------------------------•-•---------•--------.....----•-------------------•--------...------------------......---•------... RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CNLY AND CONFERS ] NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter-Dent & Company 101 East McCarty St. COMPANIES AFFORDING COVERAGE P.O. Box 1046 Jefferson City, MO 65102 COMPANY 314-634-2122 LETTER A MARYLAND CASUALTY INSURANCE COMPANY -------•----------•------•----------------------•-----. -----•------...... COMPANY ------------------------------•----•---•------ LETTER B INSURED COMPANY CITY OF JEFFERSON CITY LETTER C 320 EAST MCCARTY COMPANY JEFFERSON CITY, MO LETTER D 65101 ------------------------------------------------------------------------------- COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRI TYPE OF INSURANCE I POLICY NUMBER POLIC ALL LIMITS IN THOUSANDS ---+-•-------------------------------+--•---------------+----------------+---•-------------+-------------------------------... A GENERAL LIABILITY EC 88208830 11-16-88 11-16-89 GENERAL AGGREGATE $ I ] COMMERCIAL GENERAL LIABILITY PROD COMP/OPS AGGR $ I ][ ] CLAIMS MADE I ] OCCURRENCE PERSONAL & ADV INJURY $ IX] OWNER'S & CONTRACTORS PROTECT EACH OCCURRENCE $100/800 I ] FIRE DAMAGE(ONE FIRE) $ I ] MEDICAL EXPO PERSON) $ AUTOMOBILE LIABILITY CSL [ ] ANY AUTO $ [ ] ALL OWNED AUTOS BODILY INJURY [ ] SCHEDULED AUTOS (PER PERSON) $ [ ] HIRED AUTOS BODILY INJURY [ ] NON-OWNED AUTOS (PER ACCIDENT) $ I ] GARAGE LIABILITY PROPERTY I ] DAMAGE $ ---+-----•----------------•----------+------------------+-----------••---+-----------------+--•------------------------------- EXCESS LIABILITY EACH OCCURRENCE AGGREGATE I ] OTHER THAN UMBRELLA FORM I I I I f I$ ................................-----+------------------+--•-------------+---••------------+--•............................--- STATUTORY WORKERS' COMPENSATION $ (EACH ACCIDENT) AND $ (DISEASE POL) EMPLOYERS' LIABILITY I I $ (DISEASE EACH EMP) ---+------------------••------------- .................-- ...............--+-------------•---+------......-•----................ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS PROJECT: STORM DRAINAGE PROJECT PHASE 1 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS •-------------------------•---------•-•----•------••--------------•-•--------•-----------•----•-•---------•-------............ CERTIFICATE HOLDER I CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR CITY OF JEFFERSON CITY TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 320 EAST MCCARTY TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ATTENTION: BONNIE HUBERT OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS FFERSON CITY, MO 65101 AGENTS OR REPRESENTATIV S. AUTHORIZED REPRE E TIVC ACORD 25-S (11/85) �� ......................................................•-------................. .l!V�J�...... .. .. ...... aof i 0 ISSUE DATE(MM/DD/YY)Tj l`2 $ THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER _ COMPANY BINDER NO. WINTER-DENT AND COMPANY DATE EFFECTIVE TIME DATE EXPIRATION TIME P.O. BOX 1046 1 X JAIM X 12:01 AM JEFFERSON CITY, MD 65102 11-16-88 11-16-89 NooN THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO: CODE SUB-CODE DESCRIPTION OF OPERATIONSIVEHICLES/PROPERTY(INCLUDING LOCATION) INSURED CITY OF JEFFERSON CITY OWNERS' AND CONTRACTORS PROTECTIVE 320 EAST MCCARTY JEFFERSON CITY, MD 65101 ATTENTION: BONNIE HUBERT • TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC=BROAD MSPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OPS AGGREGATE $ CwMS MADE 70(X;URREf4E PERSONAL&ADVERTISING INJURY $ OWNER'S&PROTECTIVE CONTRACTORS * $100,000 BI � $800,000 PD LIMITS EACH OCCURRENCE $ FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL $ LIABILITY BI PERS/ACCID $ 1:,-1�r;,�;u+• NOWOWNED PD $ HIRED MED.PAY $ GARAGE PIP $ UM AUTO PHYSICAL DAMAGE ALL.VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: STATED AMOUNT $ OTC DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: STATUTORY '•i:b i':';1.; x'rn WORKER'S COMPENSATION $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES PROJECT: STORM DRAINAGE PROJECT PHASE 1 TWEHOUS CONTRACTORS, INC. , ROUTE #3, LIBERTY ROAD, JEFFERSON CITY., MO IS RESPONSIBLE FOR PREMIUM AND AUDIT MORTGAGEE ADDITIONAL INSURED LOSS PAYEE f N# HORIZED REPRESENTAT E