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Home My Public Portal AboutORD11222 BILL NO. 89-12 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. , FOR MONROE STREET CURB & GUTTER PROJECT. 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 Don Schnieders Excavating Company, Inc. , for Monroe Street curb and gutter project for a sum not to exceed $244,963.75. 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 l 5 , 1��1 Approved Officer ATTEST: City Clerk CITY OF JEFFERSON C NSTRUCTZON 9ONTRACT THIS 99NTRACT, made and entered into this /4 day of 19 a-� , by and between Don Schnieders Excavating Company, Iffic. , hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 011989 Monroe Street Curb G Gutter Pro ject'e. 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 seventy five (75) 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. 89-026-0056 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 al]. 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 lank 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 fol sub ontKaotors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by 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. Liquidated 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. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City • under any other provisions of the contract, city ordinances, and state and federal laws. 8. n emnity. 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. PMent 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 work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated April 17, 1989, 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. 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 1309 Fairgrounds Road, Jefferson City, Missouri 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. 14. jurisdigtion. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 15. IN TESTIMONY WHEREOF the parties have hereunto set their hands and seals this /_G 4- day of , 19 CITY OF JEFFERSON, MISSOURI BY or ATTEST: CITY CLERK CONTRACTOR BY Title: ATTEST: ft A - ror, .;t..{ ..C'. .3 Y:• .§ v{f" Ih.{•«.ti. .[.. .,i91 vb. r y 'ik ::AA fir.. ,r'!"r�,r Y. N;n�4rv�°?,rw•,• :�t. r N f}'� .h r`�,u .3' ,i F �+,T' y r� 7;" 2:F. 1. 6.5•, '� �# nff' .,dr. �l;`t:. .I�•7; n`;��',�(�� 'f,o .irY.rt} .{y,G;l:,»�x:�: i t F 2i' ,. F` L " . � Y�'{ S; � r � tY��kl,'13 yt F 'ti• i 5 �y '�k't; 8 ['t�3�{ .YJ�. J�. r...t. ,kJ �:�, t� 'xF.kk/r. ,!aFf, .i { r t �' '# ��r` jtA, .j '�'y. f.,:i:,.�'i lf5� w., r, !,'�tt`'..J ..ant 'sf t"nn: ..t✓ ,.t; r.. '1• .+� 1��. {, �i .C.,t,.rl.a eP?, ,.,5.''rl;e:�G w •t, i..w r: .�H. a, �f '.� y' { fr ti'S�••�:.:•.S.�S.r��riy` J �. ✓��Ajj;4 lit � ,A ,,Iti }ilf3 .''.,rif F'r{1M1�LY .l�r �-%G. `"arat le 'Y. ;•;kh•. .'o"�j e.a5i.i+�z�r i�' u`.'r�,. Y'y:,» i Lx;;t. t, i k': "`l:��iar:Y;a:�, .��*;it r9•,,-::.t;1.�`' 'i' Jr,..,a '!i;` *•: {'C., t.r.,-+itl L,{�:^ r»F fC%'.<t;4;i`- oa x�St�F �"4'>,., L., 7 "'rt,, L•r �. T ,sF.7 i` DECLARATIONS COMMON POLICY CONDITIONS ONE OR r • COVERAGE •1 • 1 COVERAGE 1 CONSISTS OF: `+i lice + OR MORE , 1 FORMS lti�* APPLICABLE FORMS AND ENDORSEMENTS •� [ fir. @ COMMON POLICY--- DECLARATIONS Renewal of Number HEART of AMERICA EIRE (iw and CASUALTY COMPANY Policy No. 215 WEST PERSHING ROAD, P.O. BOX 419333 cLP 2 so o KANSAS CITY, MO 64141-8333 s o0 Named Insured and Mailing Address Agent 2000900 (No.,Street,Town or City,County,State,Zip Code) City of Jefferson Fred Vogel Insurance, Inc. Department of Public Works 301 Monroe Street 320 E. McCarty St. PO Box 810 Jefferson City MO 65101 Jefferson City MO 65101 12:01 A.M. Standard Time at Policy Period: From (May 30, 1989 to May 30, 1990 your mailing address shown above. (Unless changed by the Section Declarations) Business Description: Excavation 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. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECTTO ADJUSTMENT. PREMIUM Commercial Property Coverage Part $ Aft Commercial General Liability Coverage Part $ 149. Commercial Crime Coverage Part $ Commercial Inland Marine Coverage Part $ Boiler and Machinery Coverage Part $ Umbrella Coverage Part $ TOTAL $ 149, Premium shown is payable $ 149. at inception; $ 1st Anniversary; $ 2nd Anniversary Form(s)and Endorsement(s) made a part of this policy at time of issue*: See IL 9000 (12/87) *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. Countersigned: Jefferson City, MO 7/12/89 hb By Auth Repres ntatwe THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE PART DECLARATIONS,COVERAGE PART COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY CD 00 00 0187 SCHEDULE OF APPLICABLE FORMS AND ENDORSEMENTS Policy Number: CLP 2 60 01 00 ® Effective Date: MAY 30, 1989 Form Number(Ed. Date): Form Title: CD 00 00 (11/85) COMMON POLICY DECLARATIONS GU 266 (11/85) CALCULATION OF PREMIUM GU 152 (1/85) OOWNERS LIABILITY COV PART CL 152 (11/85) PROTECTIVE LIAB COV FORM OWNERS & CONTRACTORS CL 102 (11/85) . IL 9000(12/87) GU 266 (11-851 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 03 11 85 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 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. UTHENTIC Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 GU 2T6a (11-65) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY IL 00 21 1185 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (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 I. The insurance does not apply: (1) The"nuclear material"(a)is at any"nuclear facility" owned by, or operated by or on be- A. Under any Liability Coverage, to "bodily injury' half of, an "insured" or (b) has been dis- charged or dispersed thefefrom; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in the policy is also an insured under a nuclear "spent fuel" or "waste" at any time energy liability policy issued by Nuclear En- ergyLiability Insurance Association,Mutual possessed, handled, used, processed, stored, transported or disposed of by or on Atomic Energy Liability Underwriters, Nu- behalf of an "insured"; or clear Insurance Association of Canada or any of their successors, or would be an in- (3) The "bodily injury" or "property damage" sured under any such policy but for its ter- arises out of the furnishing by an "insured" mination upon exhaustion of its lirnit of lia- of services,materials, parts or equipment in bility; or connection with the planning,construction, (2) Resulting from the "hazardous properties" maintenance, operation or use of any "nu- of "nuclear material" and with respect to clear facility", but if such facility is located which (a) any person or organization is re- within the United States of America, its ter- quired to maintain financial protection pur- ritoriesor possessions or Canada,this exclu- suant to the Atomic Energy Act of 1954, or sion (3) applies only to "property damage" any law amendatory thereof, or(b) the "in- to such "nuclear facility" and any property sured" is, or had this policy not been issued thereat. would be, entitled to indemnity from the 2. As used in this endorsement: United States of America, or any agency "Hazardous properties"include radioactive,toxic or thereof, under any agreement entered into explosive properties; by the United States of America, or any agency thereof, with any person or organiza- "Nuclear material"means "source material", "Spe- tion. cial nuclear material" or "by-product material"; "Source material", "special nuclear material", and B. Under any Medical Payments coverage, to ex- "by-product material" have the meanings given penses incurred with respect to "bodily injury" them in the Atomic Energy Act of 1954 or in any law resulting from the "hazardous properties" of amendatory thereof; "nuclear material" and arising out of the opera- "Spent fuel" means any fuel element or fuel compo- tion of a "nuclear facility" by any person or nent,solid or liquid,which has been used orexposed organization. to radiation in a "nuclear reactor"; C. Under any Liability Coverage, to "bodily injury" "Waste" means any waste material (a) containing or "property damage" resulting from the "haz- "by-product material" other than the tailings or ardous properties" of "nuclear material", if: wastes produced by the extraction or concentration (over) `w Copyright, Insurance Services Office, Inc., 1983, 1984 of uranium or thorium from any ore processed pri- premises where such equipment or device is marily for its "source material" content, and (b) located consists of or contains more than 25 resulting from the operation by any person or organi- grams of plutonium or uranium 233 or any com- zation of any "nuclear facility" included under the bination thereof, or more than 250 grams of first two paragraphs of the definition of "nuclear uranium 235; facility". (d) Any structure, basin, excavation, premises or "Nuclear facility" means: place prepared or used for the storage or dis- (a) Any"nuclear reactor"; posal of"waste"; (b) Any equipment or device designed or used for and includes the site on which any of the foregoing is (1) separating the isotopes of uranium or plu- located, all operations conducted on such site and tonium, (2)processing or utilizing"spent fuel", all premises used for such operations; or (3) handling, processing or packaging "Nuclear reactor" means any apparatus designed or "waste"; used to sustain nuclear fission in a self-supporting (c) Any equipment or device used for the process- chain reaction or to contain a critical mass of fis- ing, fabricating or alloying of "special nuclear sionable material; material"if at any time the total amount of such "Property damage" includes all forms of radioactive material in the custody of the "insured" at the contamination of property. OWNERS AND CONTRAC70RS PROTECTIVE LIABILITY COVERAGE PART DECLARATIONS Policy No. CLP 2 60 01 00 Effective Date: May 30, 1989 12:01 A.M., Standard Time DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address Don Scheiders Excavating Co. , Inc. Don and Ruth Ann Schneiders 1309 Fairgrounds Road Jefferson City, MO 65101 LOCATION OF COVERED OPERATIONS 1989 Monroe Street Curb & Gutter Project Jefferson City, MO LIMITS OF INSURANCE Aggregate Limit $ 800,000 Each Occurrence Limit $ 100,000 BUSINESS DESCRIPTION Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership IX Organization (Other than Partnership or Joint Venture) Business Description*: PREMIUM Mh Rate per Classification Code No. Premium Basis $1000 of Cost Advance Premium c)cost $ Construction Operations 16292 0244,764 .462 149 owner (not railroads) excluding operations onboard ships. Total Advance Premium $ 149 FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: See IL 9000 (12/87) Information omitted if shown elsewhere in the policy. **Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD, CL 152 (Ed. 11.85) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984 CL 102 CG 00 09 1185 (11.85) OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORK! COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you"and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I—COVERAGES or intended from the standpoint of the insured. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to 1. Insuring Agreement. protect persons or property. a. We will pay those sums that the insured becomes b. "Bodily injury" or"property damage" for which legally obligated to pay as damages because of the insured is obligated to pay damages by rea- "bodily injury" or "property damage" to which son of the assumption of liability in a contract or this insurance applies. No other obligation or agreement. This exclusion does not apply to liability to pay sums or perform acts or services is liability for damages: covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance (1) Assumed in a contract or agreement that is an "insured contract"; or applies only to "bodily injury" and "property damage"which occurs during the policy period. (2) That the insured would have in the absence The "bodily injury" or "property damage" must of the contract or agreement. be caused by an "occurrence"and arise out of: c. "Bodily injury"or"property damage"which oc- (1) Operations performed for you by the curs after the earliest of the following times: "contractor"at the location specified in the (1) When all "work" on the project (other than Declarations; or service, maintenance or repairs) to be per- (2) Your acts or omissions in connection with formed for you by the "contractor" at the the general supervision of such operations. site of the covered operations.has been com- We will have the right and duty to defend any pleted; or "suit" seeking those damages. But: (2) When that portion of the "contractor's" (1) The amount we will pay for damages is lim- "work", out of which the injury or damage ited as described in SECTION III—LIMITS arises, has been put to its intended use by OF INSURANCE; any person or organization. This exclusion does not apply to any contractor or sub- (2) We may investigate and settle any claim or contractor working directly or indirectly for "suit" at our discretion; and the "contractor" or as part of the same (3) Our right and duty to defend end when we project. have used up the applicable limit of insur- d. "Bodily injury"or"property damage"arisingout ance in the payment of judgments or settle- of your, or your employees' acts or omissions ments. other than general supervision of "work" per- b. Damages because of "bodily injury" include formed for you by the "contractor". damages claimed by any person or organization e. Any obligation of the insured under a workers for care, loss of services or death resulting at any compensation, disability benefits or unemploy- time from the "bodily injury". ment compensation law or any similar law. c. "Property damage"that is loss of use of tangible f. "Bodily injury" to: property that is not physically injured shall be deemed to occur at the time of the"occurrence" (1) An employee of the insured arising out of that caused it. and in the course of his employment by the insured; 2. Exclusions. (2) The spouse, child, parent, brother, or sister This insurance does not apply to: of that employee as a consequence of (1) a. "Bodily injury" or "property damage" expected above. IIJAMENTICH Copyright Insurance Services Offices, Inc., 1984 This exclusion applies: (2) Any loss, cost, or expense arising out of any (1) Whether the insured may be liable as an governmental direction or request that you employer or in any other capacity; and test for, monitor, clean up, remove,contain, (2) To any obligation to share damages with or treat, detoxify or neutralize the pollutants, repay someone else who must pay damages Pollutants means any solid, liquid, gaseous or because of the injury. thermal irritant or contaminant, including smoke,vapor, soot, fumes,acids,alkalis,Chem- , This exclusion does not apply to liability as- icals and waste. Waste includes materials to be sumed by the insured under an "insured con- recycled, reconditioned or reclaimed. tract". g. "Property damage" to: k. "Property damage" to "impaired property" or property that has not been physically injured, (1) Property you own, rent, or occupy; arising out of: (2) Property loaned to you; (1) A defect, deficiency, inadequacy or dan- (3) Personal property in your care, custody or gerous condition in "work" performed for control; or you by the "contractor"; or (4) "Work" performed for you by the "con- (2) A delay or failure by you or anyone acting on tractor". your behalf to perform a contract or agree- h. "Bodily injury"or"property damage"due to war, ment in accordance with its terms. whether or not declared, or any act or condition This exclusion does not apply to the loss of use of incident to war.War includes civil war, insurrec- other property arising out of sudden and acci- tion, rebellion or revolution. This exclusion ap- dental physical injury to "work" performed for plies only to liability assumed under: you by the "contractor". (1) An "insured contract"; or SUPPLEMENTARY PAYMENTS (2) Expenses for first aid. We will pay, with respect to any claim or "suit" we de- fend: i. "Bodily injury"or"property damage"arising out 1. All expenses we incur. of the use of"mobile equipment" in, or while in practice or preparation for,a prearranged racing, 2. Up to$250 for cost of bail bonds required because of speed or demolition contest or in any stunting accidents or traffic law violations arising out of the activity. use of any vehicle to which this insurance applies. 40 j. (1) "Bodily injury" or "property damage" aris- We do not have to furnish these bonds. ing out of the actual, alleged or threatened 3. The costs of bonds to release attachments, but only discharge, dispersal, release or escape of for bond amounts within the applicable limit of in- pollutants: surance. We do not have to furnish these bonds. (a) at or from premises you own, rent or 4. All reasonable expenses incurred by the insured at occupy; our request to assist us in the investigation or de- b) at or from any site or location used by or fense of the claim or "suit", including actual loss of for you or others for handling, storage, earnings up to $100 a day because of time off from disposal, processing or treatment of work. waste; 5. All costs taxed against the insured in the "suit". (c) which are at any time transported, han- 6. Pre-judgement interest awarded against the insured dled, stored, treated, disposed of, or on that part of the judgment we pay. If we make an processed as waste by or for you or any offer to pay the applicable limit of insurance, we will person or organization for whom you riot pay any pre-judgment interest based on that may be legally responsible; or period of time after the offer. (d) at or from any site or location on which 7. All interest on the full amount of any judgment that you or any contractors or subcontractors accrues after entry of the judgment and before we working directly or indirectly on your have paid, offered to pay, or deposited in court the behalf or performing operations: part of the judgment that is within the applicable limit of insurance. (i) if the pollutants are brought on or to g, Expenses incurred by the insured for first aid to the site or location in connection with such operations; or others at the time of an accident, for "bodily injury" to which this insurance applies. (ii) if the operations are to test for, These payments will not reduce the limits of insurance. monitor,clean up, remove,contain, treat, detoxify or neutralize the pol- lutants. 1. If you are designated in the Declarations as: 2 1 a. An individual,you and your spouse are insureds. period for purposes of determining the Limits of Insur- f b. A partnership or joint venture, you are an in- ance. sured. Your members, your partners, and their SECTION IV—CONDITIONS r spouses are also insureds, but only with respect to their duties as partners o► members of a joint 1. Bankruptcy. venture. Bankruptcy or insolvency of the insured will not re- c. An organization other than a partnership or joint lieve us of our obligation under this Coverage Part. venture, you are an insured. Your executive of- 2. Cancellation. ficers and directors are insureds, but only with a. The first Named Insured shown in the Declara- respect to their duties as your officers or direc tors. Your stockholders are also insureds, but tions may cancel this policy by mailing or deliv- only with respect to their liability as stock- eying to us advance written notice of cancella- holders, ticn. 2. Each of the following is also an insured: b. We may cancel this policy by mailing or deliver- a. Any person (other than your employee) or any ing to the first Named Insured and the "con- organization while acting as your real estate tractor written notice of cancellation at least: manager. (1) 10 days before the effective date of can- cellation if we cancel for non-payment of b. Any person or organization having proper tempo- premium; or rary custody of your property if you die, but only: (1) With respect to liability arising out of the (2) 30 days before the effective date of can- maintenance or use of that property; and cellation if we cancel for any other reason. (2) Until your legal representative has been ap- c. We will mail or deliver our notices to the first pointed. Named Insured's and the "contractor's" last c. Your legal representative if you die, but only with mailing address known to us. respect to duties as such. That representative d. Notice of cancellation will state the effective will have all rights and duties under this Cover- date of cancellation. The policy period will end age Part. on that date. No person or organization is an insured with respect e. If this policy is cancelled, we will send the to the conduct of any current or past partnership or "contractor" any premium refund due. If we joint venture that is riot shown as a Named Insured in cancel, the refund will be pro rata. If the first the Declarations. Named Insured or the "contractor"cancels,the SECTION III—LIMITS OF INSURANCE refund may be less than pro rata. The cancella- tion will be effective even if we have not made or 1. The Limits of Insurance shown in the Declarations offered a refund. and the rules below fix the most we will pay re- E If notice is mailed, proof of mailing will be suffi- gardless of the number of: cient proof of notice. a. Insureds; 3. Changes. b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring- This policycontainsalltheagreementsbetweenyou, ing "suits". the "contractor" and us concerning the insurance afforded. The first Named Insured shown in the Dec- 2. The Aggregate Limit is the most we will pay for the larations and the "contractor" are authorized to sum of damages because of all "bodily injury" and make changes in the terms of this policy with our "property damage". consent. This policy's terms can be amended or 3. Subject to 2. above, the Each Occurrence Limit is waived only by endorsement issued by us and made a the most we will pay for the sum of damages because part of this policy. of "bodily injury"and "property damage"arising out 4. Duties In The Event Of Occurrence, Claim Or Suit. of any one "occurrence". a. You must see to it that we are notified promptly If you designate more than one project in the Declara- of an "occurrence"which may result in a claim. Lions, the Aggregate limit shall apply separately to each Notice should include: project. (1) How, when and where the "occurrence" The limits of this Coverage Part apply separately to each took place; and consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the (2) The names and addresses of any injured policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an additional b. If a claim is made or "suit" is brought against period of less than 12 months. In that case, the addi- any insured, you must see to it that we receive tional period will be deemed part of the last preceding prompt written notice of the claim or "suit". 3 c. You and any other involved insured must: applicable limit of insurance. An agreed settlement (1) Immediately send us copies of any de- means a settlement and release of liability signed by mands, notices, summonses or legal papers us, the insured and the claimant or the claimant's received in connection with the claim or legal representative. "suit"; 8. Other Insurance. (2) Authorize us to obtain records and other The insurance afforded by this Coverage Part is pri- information; mary insurance and we will not seek contribution (3) Cooperate with us in the investigation, set- from any other insurance available to you unless the tlement, or defense of the claim or "suit"; other insurance is provided by a "contractor" other and than the designated"contractor"for the same opera- (4) Assist us, upon our request, in the enforce- tion and job location designated in the Declarations. ment of any right against any person or orga- Then we will share with that other insurance by the nization which may be liable to the insured method described below. because of injury or damage to which this If all of the other insurance permits contribution by insurance may also apply. equal shares, we will follow this method also. Under d. No insureds will,except at their own cost,volun- this approach, each insurer contributes equal tarily make a payment, assume any obligation, amounts until it has paid its applicable limit of insur- or incur any expense without our consent. ance or none of the loss remains, whichever comes first. 5. Examination Of Your Books And Records. If any of the other insurance does not permit contri- We may examine and audit your books and records as bution by equal shares, we will contribute by limits. well as the "contractor's" books and records as they Under this method, each insurer's share is based on relate to this policy at any time during the policy the ratio of its applicable limit of insurance to the period and up to three years afterward. total applicable limits of insurance of all insurers. 6. Inspections And Surveys. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; a. Is responsible for the payment of all premiums; b. Give you reports on the conditions we find; and and c. Recommend changes. b. Will be the payee for any return premiums we Any inspections, surveys, reports or recommend- pay. ations relate only to insurability and the premiums to 10. Premium Audit. be charged. We do not make safety inspections. We a. We will compute all premiums for this Coverage do not undertake to perform the duty of any person or Part in accordance with our rules and rates. organization to provide for the health or safety of b. Premium shown in this Coverage Part as ad- workers or the public. And we do not warrant that vance premium is a deposit premium only.At the conditions: close of each audit period we will compute the a. Are safe or healthful; or earned premium for that period. Audit pre- b. Comply with laws, regulations, codes or stan- miums are due and payable on notice to the dards. "contractor". If the sum of the advance and This condition applies not only to us, but also to any audit premiums paid for the policy term is rating, advisory, rate service or similar organization greater than the earned premium, we will return the excess to the "contractor". which makes insurance inspections, surveys, re- ports or recommendations, c. The"contractor" must keep records of the infor- 7. legal Action Against Us. mation we need for premium computation, and send us copies at such times as we may request. No person or organization has a right under this Coverage Part: 11. Separation Of Insureds. a. To join us as a party or otherwise bring us into a Except with respect to the limits of Insurance, and "suit" asking for damages from an insured; or any rights or duties specifically assigned in this Cov- b. To sue us on this Coverage Part unless all of its erage Part to the first Named Insured,this insurance applies: terms have been fully complied with. a. As if each Named Insured were the only Named A person or organization may sue us to recover on an Insured; and agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not b. Separately to each insured against whom claim be liable for damages that are not payable under the is made or "suit" is brought. terms of this Coverage Part or that are in excess of the 12. Transfer Of Rights Of Recovery Against Others To Us. 4 If the insured has rights to recover all or part of any tained primarily to provide mobility to perma- payment we have made under this Coverage Part neatly mounted: those rights are transferred to us, The insured must (1) Power cranes, shovels, loaders, diggers or do nothing;after loss to unpair them At our request, drills; or the insured will bring; "suit" or transfer those rights to us and help us to enforce them, (2) Road construction or resurfacingequiprnent such as graders, scrapers or rollers; SECTION V—DEFINITIONS e. Vehicles not described in a,, b„ c. or d, above 1. "Auto" means a land motor vehicle, trailer or semi- that are not self-propelled and are maintained hailer designed for travel on public roads, including primarily to provide mobility to permanently at- any attached machinery or equipment. But "auto" tached equipment of the following types: does not include "mobile equipment" (1) Air compressors, pumps and generators, in- g. "Bodily injury" means bodily injury, sickness or dis- cluding spraying, welding, building clean- ease sustained by a person, including death result- ing, geophysical exploration, lighting and ing; from any of these at any time. well servicing equipment; or 3. "Contractor"means the contractor designated in the (2) Cherry pickers and similar devices used to Declarations. raise or lower workers; 4. "Impaired property" means tangible property, other f. Vehicles not described in a., b., c. or d. above than work performed for you, that cannot be used or maintained primarily for purposes other than the is less useful because: transportation of persons or cargo. a. It incorporates work performed for you that is However, self-propelled vehicles with the follow- known or thought to be defective, deficient, in- ing types of permanently attached equipment adequate or dangerous; or are not "mobile equipment" but will be consid- b. You have failed to fulfill the termsof a contractor ered "autos": agreement; (1) Equipment designed primarily for: if such property can be restored to use by: (a) Snow removal; a. The repair, replacement, adjustment or removal (b) Road maintenance, but not construc- of the work performed for you; or tion or resurfacing; b. Your fulfilling the terms of the contract or agree- (C) Street cleaning; meat. 5. "Insured contract" means: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to a. A lease of premises; raise or lower workers; and b. A sidetrack agreement; (3) Air compressors, pumps and generators, in- C. An easement or license agreement in connection cluding spraying, welding, building clean- with vehicle or pedestrian private railroad cross- ing, geophysical exploration, lighting and ings at grade; well servicing equipment. d. Any other easement agreement, except in con- 7. "Occurrence" means an accident, including contin- nection with construction or demolition opera- uous or repeated exposure to substantially the same tions on or within 50 feet of a railroad; general harmful conditions, e. An indemnification of a municipality as required 8. "Property damage" means: by ordinance, except in connection with work for a. Physical injuryto tangible property, includingall a municipality; resulting loss of use of that property; or C An elevator maintenance agreement. b. Loss of use of tangible property that is not phys- 6. "Mobile equipment" means any of the following ically injured. types of land vehicles, including any attached ma- 9. "Suit" means a civil proceeding, brought in the chinery or equipment: United States of America (including its territories a. Bulldozers, farm machinery, forklifts and other and possessions), Puerto Rico and Canada, in which vehicles designed for use principally off public damages because of "bodily injury" or "property roads; damage"towhich this insurance appliesare alleged. "Suit" includes an arbitration proceeding alleging b. Vehicles maintained for use solely on or next to such damages to which you must submit or submit premises you own o► rent; with our consent. C. Vehicles that travel on crawler treads; 10. "Work" includes materials, parts or equipment fur- d. Vehicles, whether sell-propelled or not, main- nished in connection with the operations. 5 Corporate Insurance Management Independently Owned and Operated The Executivo Suites 3107 Green Meadows Way Columbia,MO 65203 (314)448.8218 1FAX 0(314)875-7073 May 30 , 1989 Ms . Bonnie Hubert City of Jefferson 320 E. McCarty Jefferson City MO 65101 Dear Ms. Hubert The surety bond issued by U'SF&G for Don Schnieders Excavating Co, Inc. for the Monroe Street job should contain the following wording under #4 in the section that begins with NOW, THEREFORE. Years should follow the word two and the ( 2) reading: two ( 2 ) years from the completion of the job. Should you have any questions , please call me . Q ce.r I; Greg �cil o MAY 3 110 Insurance Systems Unlimited Our Knowledge Is Your Best Insurance Tm �m �, m�!�'�Zl?T✓' tat.� ►�... :��.��: �r`��Ps�'�!�.�`�.�'t��?r"�`_',li�r�"j�',�ti�r„" FIDELITY AND GUAR �, y. s,� SURANCE COMPANY PERFORMANCE BOND BOND NUMBER 70-0120-10565-89-8 Execufe'd"iii'Triplicate" KNOW ALL MEN BY THESE PRESENTS,That we, .. ................................ Don Schnieders Excavating Company, Inc. , 1309 Fairgrounds Rd. , Jefferson City, M0. .............................................................................................................................. (hereinafter called the Principal),and FIDELITY AND GUARANTY INSURANCE COMPANY,a Iowa corporation(hereinafter called the Surety), < are held and firmly bound unto „The City of Jefferson City, 320 E. McCarty Street, ....... Jefferson City, .MO. 65101 (hereinafter called the Obligee),in the full and just sum of Two Hundred Forty—Four..Thousand Nine Hundred Sixty Three and 75/100 — — — — — — — — — — — — — — — — — — — — — —($2 4,963.75) — - .......... Doi ......................................................................... 4 tars, lawful)money of the United States,for the payment of which,well and truly to be made,we bind ourselves,our heirs,administrators,executors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,said Principal has entered Into a certain contract with the Obligee ...May..16, 1989.,,,,,,,,,,,,,,,,,,,,,,,,,,,, for constructing, the 1989 Monroe Street curb & gutter project for the City of Jefferson..City, M�.'................................................................................................ k .............................................................................................................................. .............................................................................................................................. 4. . .............................................................................................................................. NOW,THEREFORE,The condition of the foregoing obligation is such that If the said Principal shall well and truly indemnity and save harmless the said Obligee from any pecuniary loss resulting from the breach of any of the terms,covenants and conditions of the said contract on the part of the Principal to be performed,then this obligation shall be void;otherwise to remain in full force and effect in law;PROVIDED, however,that this Bond is Issued subject to the following conditions and limitations: 1. The Obligee shall,in every case, obtain the written consent of the Surety before making to the Principal the final payment provided for under the contract herein referred to. 2. In the event of any default on the part of the Principal In the performance of any of the terms, covenants or conditions of the said contract,the Obligee shall promptly,and in any event not later than thirty days after knowledge of such default,deliver to the Surety at its office in the City of Baltimore,written notice thereof with a statement of the principal facts showing such default and the date thereof. 3. In case of any default on the part of the Principal the Surety shall have the right,if it so desires,to assume and complete,or procure the completion,of said contract,and In case of such default,the Surety shall be subrogated and entitled to all the rights and properties of the Principal arising out of the said contract and otherwise, including all securities and Indemnities theretofore received by the Obligee,and all deferred payments, retained percentages and credits,due to the Principal at the tine of such default,or to become due thereafter by the terms and dates of the contract. 4. In no event shall the Surety be liable for a rest um than the penalty of this Bond,or subject to any suit,action or other proceeding thereon that Is instituted later than t�. t........ .... .... ...... 5. In no event shall the Surety be liable for any damage resulting from,or for the construction or repair of any work damaged or destroyed by an act of God,or public enemies, or mobs, or riots,or civil commotion or by employes leaving the work being done under said i; contract,on account of so-called"strikes"or labor difficulties, y. 6. The Surety shall not be obiligated to fumish any bond or obligation other than the one executed. Signed,sealed and delivered .....May 25...1989,,,,.,,., yi Witness as to DON SCHNIEDERS EXCAVATING COMPANY, INC Principal C?� ' •Uf-. r;, (Seal) ..... .......... . .. .. ... . .......... .... .... .(Seal) ........... FIDE LITY AND INSURANCE COMPAN Y B Y a, A ce Hammerschmidt, Attomey4n�fact 1 Contact 002(4-a9) lit, CERTIFIED COPY FGICGENERAL POWER OF ATTORNEY NO. FGIC 133 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa, and having its principal office at 100 Light Street, Baltimore, Maryland 21202, does hereby constitute and appoint Alice Hammerschmidt of the City of St. Louis , State of Missouri its true and lawful Attorney-in-Fact,with power and authority to sign its name as surety to,and to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature there of; and the said FIDELITY AND GUARANTY INSURANCE COMPANY hereby ratifies and confirms all of the acts of said Attorney-in- fact, pursuant to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF,the said FIDELITY AND GUARANTY IN VCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signature of its/ ice-President and Assistant Secretary, this 26 t day of February , 19 88 . FIDELITY AND GUARANTY INSURANCE COMPANY (Signed) Qy. W. J. D . Somerville , Jr. .................... . ... .. ........... Viee•President. (SEAL) (Signed) Miehae. .1..P.. . . . Hammond. . . .............. .. ...... . .. . ...... . . Assistant Secretary. STATE OF MARYLAND BALTIMORE CITY ss: On this 26th day of February ,19 88, before me personally came W. J . D. Somerville , J r. As s t ., Vice President of FIDELITY AND GUARANTY INSURANCE COMPANY and Michael P . Hammond , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, the said W. J. D. Somerville, Jr. , and Michael P . Hammond An were respectively the ice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it wy se affixed by authority of the by-laws of said corporation; and that they signed their names hereto like authority as ice resident and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 1990 Margaret M. Hurst (SEAL) (Signed) .......I.............................. NOTARY PUBLIC FS 83(11-87) Copy of lay-Law "Article V1, Section 7 - Execution of Instruments. The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President,in conjunction with the Secretary or an Assistant Secretary,shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I Michael P. Hammond , Assistant Secretary of FIDELITY AND GUARANTY INSURANCE COMPANY, hereby certify that the foreggoingg is a full,true and correct copy of the original power of attorney given by said company to Alice Hammers chmid t of St. Louis , Missouri , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the foregoing is a true and correct copy of said by-law. In Testimony Whereof, I have hereunto set .my hand and the seal of FIDELITY AND GUARANTY INSUR- ANCE COMPANY this 25th day of May , 1989 .......... . ..... �'.�....... �' "t' Assistant Secretary. . ACORD CERTIFICATE OF INSURANCE (ACORD 25 - 2/84) 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. qW NAME AND ADDRESS OF AGENCY: COMPANIES AFFORDING COVERAGES: F'RED VOGE.L.. INC. COMPANY A: Heart of America Fire/Car_--, MONROE 91 -0 Fl. 0. DOX 810 JEFFERSON CITY, MO 651.01 COMPANY B: COMPANY C: NAME AND ADDRESS OF INSURED: City of Jefferson COMPANY D: Department of Public Wcjr-[-.-.s '20 E. McCarty St. COMPANY E: Jefferson City, MO 65101 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE EA. OCCUR./AGGREGATE GENERAL LIABILITY COMPREHENSIVE FORM TO PREMISES-OPERATIONS BODILY INJURY UNDERGROUND EXPLOSION & COLLAPSE HAZARD PROPERTY DAMAGE PRODUCTS COMPLETED OP. BI & PD COMBINED CONTRACTUAL BROAD FORM PROP. DAMAGE INDEP. CONTRACTORS PERSONAL INJURY PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO TO BI : (EACH PERSON) ALL OWNED AUTOS (PRIV. PASSENGER) BI : (EACH ACCIDENT) ALL OWNED AUTOS (NON PRIV. PASSENGER) PROPERTY DAMAGE: • HIRED AUTOS NON-AWNED AUTOS BI & PD COMBINED: GARAGE LIABILITY ACO6 CERTIFICATE OF INSURANCE - PAGE 2 LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE EA. OCCUR. /AGGREGATE EXCESS LIABILITY UMBRELLA FORM TO OTHER THAN BI & PD COMBINED UMBRELLA FORM WORKERS COMPENSATION AND *STATUTORY* EMPLOYERS' LIABILITY TO EACH ACCIDENT: DISEASE POLICY LIMIT: DISEASE EACH EMPLOYEE: A OTHER BINDER OCP COVERAGE 05/30/89 TO 05/30/90 100/000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: PROJECT: 1989 MONROE ST. CURB & GUTTER PROJECT *CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NAME AND ADDRESS OF CERTIFICATE HOLDER: DON SCHNIEDERS EXCAVATING DATE ISSUED: 05/22/89 CO. , INC. 1309 FAIRGROUNDS RE). JEFFERSON CITY, MO 65109 AUTHORIZED SIGNATURE • ACORD CERTIFICATE OF INSURANCE (ACORD 25S - 03/88) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND —nR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Is NAME AND ADDRESS OF AGENCY: COMPANIES AFFORDING COVERAGE: FRED VOGF--l.. 11,qC, ,co- s)-rREE-f COMPANY A: HEART OF AMER I(._.(-i FIRE & CAS CO P. 0. Box BI C) JEFFERSON CITY, MC) 65101 COMPANY B: COMPANY C: NAME AND ADDRESS OF INSURED: Dan & Ruth Ann Schnieders COMPANY D: Dan Schnieders Exc Co Inc . 1309 Fairgrounds Road COMPANY E: Jefferson City, NO 65101 ===== COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS ((;00) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE Amok 9F A GENERAL LIABILITY (,F'F4?'70()C.)82 X COMMERCIAL GENERAL TO 10/10/89 LIABILITY GENERAL AGGREGATE: s 1 ,noo CLAIMS MADE X OCCURRENCE PRODUCTS COMP/OPS AGG: $ 1 ,f A-K.) OWNERS & CONTRACTORS PROTECTIVE PERSONAL & ADVERTISING INJURY: $ 1 , ►00 EACH OCCURRENCE: $ 1 ,1000 FIRE DAMAGE (ANY 1 FIRE) : $ 50 MEDICAL EXPENSE (ANY I PERSON) : $ 5 A AUTOMOBILE LIABILITY BAF'-"2C)00(..)4 5 ANY AUTO 10/11,)/88 TO 1.0/1.0/8C)l CSL: $ 1 ,000 ALL OWNED AUTOS BI : X SCHEDULED AUTOS (EACH PERSON) HIRED AUTOS NON-OWNED AUTOS BI : GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: ACORD rERTrFICATE OF INSURANCE - PAGE 2 LIMITS OF LIABILITY kOMP TYPE POLICY NUMBER IN THOUSANDS (0001ft ETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE EA. OCCUR./AGGREGAITW EXCESS LIABILITY TO OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND WCP-O."500044 *STATUTORY* EMPLOYERS' LIABILITY J.0/10/88 TO 10/10/89 EACH ACCIDENT: $ 100 DISEASE POLICY LIMIT: $ 500 DISEASE EACH EMPLOYEE: $ 100 OTHER TO DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: 19R9 Monroe St. Curb & Gt..vtter Project CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER City of Jefl -ferison DATE ISSUED: 05/22/89 Deparl-inent of Public `!20 E. McCarty St. j offerson City., MO 65101 L� AD"FHORIZED REPRESENTATIVE THE AMERICAN INSTITUTE OF ARCHITECTS f BOND -NO. 70-0120-10565-89-8 Executed in Triplicate AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Don Schnieders Excavating Company, Inc. Fidelity and Guaranty Insurance Company 1309 Fairgrounds Rd. 100 Light Street Jefferson City, MO. 65101 Baltimore, MD. 21202 OWNER (Name and Address): City of Jefferson City, MO. 320 E. McCarty St. Jefferson City, MO. 65101 CONSTRUCTION CONTRACT Date: May 16, 1989 Amount: 244,963.75 Description (Name and Location): Constructing the 1989 Monroe Street curb & gutter project for the City of Jefferson City, MO. BOND Date (Not earlier than Construction Contract Date): May 25, 1989 Amount: 244,963.75 Modifications to this Bond: UNone p See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DON SCHNIEDERS EXCAVATING COMPANY, INC. FIDELITY AND GUARANTY INSURANCE COMPANY Signature: BYs Oh r Name and Title: Name and Title: Wlice Hammerschmidt, Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ISU/Corporate Insurance Management other party): 3107 Green Meadows Way Columbia, M0. , AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA e THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-IM 4 THIRD PRINTING•MARCH 1987 contact 373 (12.67) 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to AM mance of the Construction Contract, which is incorpo- rated herein by reference. the Owner,within 45 days after receipt of the claim, Mr stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7' The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly_notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default, dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obl'I- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time,to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof,to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety,by which the Contractor has indicated the y, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIAR THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,NW.WASHINGTON,DC 20006 A312.1984 5 CERTIFIED COPY FGICGENERAL POWER OF ATTORNEY NO. FGIC 13 3 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa, and having its principal office at 100 Light Street, Baltimore, Maryland 21202, does hereby constitute and appoint Alice Hammerschmidt of the City of St. Louis , State of Missouri its true and lawful Attorney-in-Fact,with power and authority to sign its name as surety to,and to execute,seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE COMPANY hereby ratifies and confirms all of the acts of said Attorney-in- fact, pursuant to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF,the said FIDELITY AND GUARANTY IN��i,,��CE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signature of itsNice-President and Assistant Secretary, this 26 t day of February , 1988 . FIDELITY AND GUARANTY INSURANCE COMPANY ANK (Signed) By. W. J. D . Somerville , Jr. (SEAL) (Signed) . Micha . ......... .el...P........Hammond.................. Assistant Secretary. STATE OF MARYLAND BALTIMORE CITY ss: On this 26th day of February ,19 88, before me personally came W. J. D . Somerville , Jr. Ass t ., Vice President of FIDELITY AND GUARANTY INSURANCE COMPANY and Michael P . Hammond , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, the said W- J . D . Somerville, Jr . , and Michael P . Hammond sst ., were respectively the ice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it wis�1g affixed by authority of the by-laws of said corporation; and that they signed their names hereto like authority as rice resident and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 1990 (SEAL) (Signed) ...Margaret M. Hurst ........................................ NOTARY PUBLIC FS 83 111.871 ® Copy of By-Law "Article V1. Section 7 - Execution of Instruments. The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President. in conjunction with the Secretary or an Assistant Secretary,shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business,including, without limiting the foregoing, any and all bonds, guarantees undertakings, recognizances, stipulations, policies of insurance, deeds, leases. mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I Michael P . Hammond , Assistant Secretary of FIDELITY AND GUARANTY INSURANCE COMPANY,hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said company to Alice Hammers clam id t of St. Louis , Missouri , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the foregoing is a true and correct copy of said by-law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSUR- ANCE COMPANY this 25th day of May , 1989 .......... , . ........ irJ....... � ' Assistant Secretary, Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the 14 Upon request b an arson or entity appearing lobe a Contractor and the Contractor's subcontractors, and ® P q Y rP Y PP g all other items for which a mechanic's lien may be potential beneficiary o this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. to 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip. 15.3 Owner Default:Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con. intent of this Bond shall be to include without limita- tractor as required b the Construction Contract or to tion in the terms"labor,materials or equipment"that q y art of water, as, power, light, heat, oil, gasoline, perform and complete or comply with the other terms P g P g g thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address; Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. -AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312.1984 6 THIRD PRINTING•MARCH 1987