HomeMy Public PortalAboutORD11223 BILL NO. 89-13
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 MUSSELMAN AND
HALL CONTRACTORS FOR 1989 SLURRY SEAL 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 Musselman and Hall
Contractors for 1989 Slurry Seal Project for a sum not to exceed
$51, 149.87.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Ask Passed �S l�b'S Approved
fficer 14 or
ATTEST:
City Clerk
CONSTRUCTION CONTRACT
Aft
THIS CONTRACT, made and entered into this IC 1 day of
, 19.71 , by and between Musselman & Hall
Contraato s, Ina. , hereinafter called "Contractor", and the City
of Jefferson, Missouri, a municipal corporation, hereinafter called
"City".
WITNESSETH: That Whereas, the Contractor has become the lowest
responsible bidder for furnishing the supervision, labor, tools,
equipment, materials and supplies and for constructing the
following City improvements: "1989 Slurry seal Program$'.
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 one hundred twenty (120) 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
qP 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. 89-026-0075 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 2871 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
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. 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
work by the Director of Public Works and in accordance with the
rates and/or amounts stated in the bid of Contractor dated April
20, 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. Hoticee, 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
4922 East Blue Bank, Kansas City, MO 64130. 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
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
15. IM TESTIMONY WHEREOF the parties have hereunto set their
hands and seals this !6-k day of 1�..,' ,
19 h°t
CITY OF JEFFERSON, MISSOURI
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By
' yor
ATTEST:
CITY CLERK
CONTRACTOR
By
Tit
ATTEST:
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COMMERCIAL
GENERAL LIABILITY
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INSURANCE POLICY
® THIS POLICY INCLUDES:
A. DECLARATIONS
B. COMMON POLICY CONDITIONS
C. A COVERAGE PART
CONSISTING OF:
■ COVERAGE FORMS
o APPLICABLE FORMS AND
ENDORSEMENTS
1,.
°• COMMERCIAL LINES POLICY
�` COMMON DECLARATIONS
® The Hanover Insurance Company ❑ Massachusetts say Insurance Company
❑ Citizens insurance Company of America ❑ California Compensation & Fire Company NEW
Coverage Is larovrdW in the Company desKnated by []x above. Renewal of Number
• AT 12:01 AM STANDARD TIME AT YOUR
L ��� 51 116 6-26-89 6-26-90 MAILING ADDRESS SHOWN BELOW. 22-4263
B B 0 BB •
(No.Stmt.Town or City.County.State.lip Code)
City of Jefferson City, MO Lockton Insurance Agency
320 E. McCArthy Prairie Village, KS
Jefferson City, MO 65101
SIC 16 11
DESCRIPTION OF BUSINESS
Form of Business:
❑ Individual ❑ Joint Venture ❑ Partnership 91 Organization(Other than Partnership or Joint Venture) j
Business Description: `
i
IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE
WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.THIS POLICY CONSISTS OF THE FOLLOWING
COVERAGE PART(S) FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
IN Commercial Property Coverage Part_________ _ $ Not Applicable
Commercial General Liability Coverage Part ___ ____ $ 167.
Commercial Crime Coverage Part___________ $ Not Applicable
;f
Commercial inland Marine Coverage Part_______ _ $ Not Applicable
Boiler and Machinery Coverage Part __________ $ Not Applicable
Commercial Auto Coverage Part —__ _ $ Not Applicable
r
PREMIUM
0 Prepaid—The total annual premium of$ 167. is due at inception DIRECT BILL:
❑Annual installments—$ due at inception,and i due at each anniversary' ❑ PREPAID
v ❑Hanocash—The annual premium of$ is payable according to the terms of the Hanocash endorsement attached ❑ 4-PAY
•❑ II ®,anniversary adiustment of rates is warred)
Audit Period:Non•Auditable Unless Indicated By M 0 Annual Semi-Annual Quarterly Monthly Other Waived
Form(s)and Endorsement(s)applicable to all Coverage Part(s)and made a part of this policy at time of issue:
.-K- -offiff
Countersigned: �s '
By �..
OWH/mdm 7-17,-89 Authorized Representative
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND
FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABQVE NUMBERED POLICY.
FORM 401.0022(11.85) INSURED (IL 00 X19)
M&N-0- a� OWAERS AND CONTRACTORS PROTECTIVE LIABILITY
114, IRAW"T
COVERAGE PART DECLARATIONS
NEW O Supplemental Declarations is attached.
Renewal of Nwnber
AT 1291 AM STAMARD TWE AT YOUR MACH
L 335 51 86 6-26-89 6--26-90 ON TW COUNDN DECLARATIONS 22-4263
INSURANCE
Aggregate Limit $ Per 221-0163
Each Occurrence Limit $
DESIGNATION OF CONTRACTOR _ _
Name Musselman & Hall Contractors, Inc. it's Subcontractors & Sub-subcontractors
Mailing Address: 4922 E. Blue Banks
Kansas City, MO 64130
Location of Covered Operation: 1989 Slurry Seal Program
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY SCHEDULE
Premium Rate per Advance
Classification Code No. Base $1000 cost Premium
u
Construction Operations
z Contractor (not railroad)
excluding operations on (Cost)
:• board ships 16291 $51,150. .518 167.MP
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Total Advance Premium $ 167.
1FORMS AND ENDORSEMENTS
Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue:
IL 0021 (11/85) CG0009(11/85) CG0004(2/86) CG2840(5/86) CG2929(9/87) 221-0163 (7/88)
1
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THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE,TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE
FORMS) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED 10 FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY,
FORM 4n4=
INSURED
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
Limits of Insurance
$100,000./$800,000. Per Person
$800,000. Per Occurrence
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions,
agreements or limitations of the Policy other than as above stated.
(Completion of the following, Including countersignature,Is required to make this endorsement effective only when it Is Issued subsequent to
preparation of the Policy.)
Effective this endorsement forms a part of Policy No.
Issued to
By Insurance Company
Date of Issue Countersigned by
Authoriz q presentative ot*w company
Form 221-0183 7/88
,„r
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 11 - 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 ury' or property during the 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 the covered operations has been com-
ations performed for you by the "con-
tractor at the location specified in the Decla- plated; or
rations; or
(2) When that portion of the "contractor's"
(2) Your acts or omissions in connection with "work", out of which the injury or damage
the general supervision of such operations. 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
have used the applicable limit of insurance compensation, disability benefits or unemploy-
ment in the payment of judgments or settlements. ment compensation law p or any similar law. y
CG 00 09 11 85 Copyright, Insurance Services_Qffice, Inc., 1984 Page 1 of 6 CJ
COMMERCIAk 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; (11) 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 also who must pay damages thermal irritant or contaminant, including smoky,
because m 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-
tract". k. *Property damage" to "impaired property" or
g. "Property damage" to: property that has not been physically injured,
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.
i. "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.
J. act "Bodily injury" or "property damage" arising B•The cost of bonds to release attachments, but only
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:
(a) At or from premises you own, rent or oc- 4. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
b) At or from an site or location used by or defense of the claim or "suit," including actual loss
( Y 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; 5. All costs taxed against the insured in the "suit."
(c) Which are at any time transported, han-
dled, stored, treated, disposed of, or proc- 6• Pre-judgment interest awarded against the insured
essed as waste by or for you or any person on that part of the judgment we pay. If we make
or organization for whom you may be le- an offer to pay the applicable limit of insurance,
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 Office, Inc., 1984 CG 00 09 11 85 CI
COMMERCIAL GENERAL LIABILITY
e
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-
ing period of less than 12 months, starting with the
s.
sAn individual, 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 an additional period of less than 12
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. SECTION IV - CONDITIONS
c.An organization other than a partnership or joint 1. Bankruptcy.
venture, you are an insured. Your executive of-
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 Declara-
2. Each of the following is also an insured: tions may cancel this policy by mailing or deliv-
Y ering to us advance written notice of
1; a. Any person (other than your employee) or any cancellation.
organization while acting as your real estate b. We may cancel this policy by mailing or deliv-
1 manager. 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-
'i 1 With respect to liability arising out of the lation if we cancel for non-payment of pre-
(1) p ty
i maintenance or use of that property; and mium; or
(2) Until your legal representative has been ap- (2) 30 days before the effective date of cancel-
lation 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
with respect to duties as such. That represen- Named Insurod's 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
No person or organization is an insured with respect date of cancellation. The policy period will end
to the conduct of any current or past partnership or on that date.
joint venture that is not shown as a Named Insured e. If this, policy is cancelled, we will send the
g 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
Named Insured or the "contractor" cancels, the
1. The Limits of Insurance shown in the Declarations 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
gardtess of the number of: or offered a refund.
' a. Insureds; 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
bringing "suits."
CG 00 09 11 85 Copyright, Insurance Services Qff ice, Inc., 1984 Page 3 of 8 O
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COMMERCIAL GENERAL LIABILITY
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
surance afforded. The first Named Insured shown inspections. We do not undertake to perform the
in the Declarations and the "contractor" are au- duty of any person or organization to provide for
thorized to make changes in the terms of this pol- the health or safety of workers or the public. And
icy with our consent. This policy's terms can be we do not warrant that conditions:
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.
(1) How, when and where the "occurrence" 7. Legal 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 with.
c. You and any other involved insured must: A person or organization may sue us to recover on
(1) Immediately send us copies of any demands, an agreed settlement or on a final judgment
notices, summonses or legal papers received against an insured obtained after an actual trial;
in connection with the claim or "suit"; but we will not be liable for damages that are not
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 or the claimant's legal represen-
and tative.
(4) Assist us, upon our request, in the enforce- 8. Other Insurance.
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
untarily make a payment, assume any obligation, the same operation and job location designated in
or incur any expense, without our consent. the Declarations. Then we will share with that
other insurance by the method described below.
b. 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 tit 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 Office, Inc., 1984 CG 00 09 11 85 ❑
COMMERCIAL GENERAL LIABILITY
9. Premiums. a. It incorporates work performed for you that is
known or thought to be defective, deficient, in-
The "contractor:" 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
pay p p rty can be restored to use by:
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
Part in accordance with our rules and rates. b. Your fulfilling the terms of the contract or
b. Premium shown in this Coverage Part as ad- agreement.
vance premium is a deposit premium only.At the S. "Insured contract" means:
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 the 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- e. 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 6. "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;
Y 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
t, 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,ry, sickness or Cached e quipment of the following types:
disease sustained by a person, including death re-
2 in-
sulting rom an of these at any time. (1) Air compressors, pumps and generators,• g y cluding spraying, welding, building cleaning,
3. "Contractor" means the contractor designated in geophysical exploration, lighting and well
the Declarations. servicing equipment; or
G
4. "Impaired property" means tangible property, (2) Cherry pickers and similar devices used to
r 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 Qfflce, Inc., 1984 Page 5 of 6 O
COMMERCIAL GENERAL LIABILITY
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- 8. "Property damage" means:
lowing types of permanently attached equip- a. Physical injury to tangible property,
ment are not mobile equipment but will be g r r 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
physically injured.
(a) Snow removal; 9. "Suit" means a civil proceeding, brought in the
(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
submit or submit with our consent.
(3) Air compressors, pumps and generators, in-
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.
Page 6 of 6 Copyright, Insurance Services Qffice, Inc., 1984 CG 0009 11 85 ❑
1
- CL 405
(5.86)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 28 40 05 86
AMENDMENT OF POLLUTION EXCLUSION
This endorsement modifies insurance provided under the following:
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
The following is added to exclusion j. of COVERAGES (Section I):
Subparagraphs (a)and (d)(i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage"
caused by heat, smoke or fumes from a hostile fire.As used in this exclusion,a hostile fire means one which becomes
uncontrollable or breaks out from where it was intended to be.
''�+ Copyright, Insurance Services Office, Inc„ 1986
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD IT CAREFULLY.
MISSOURI CHANCES - CANCELLATION
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) 60 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-
collation, 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
ment of premium; 1. We may elect not to renew this policy by
(2) 30 days before the effective date of mailing or delivering to the first Named
cancellation if cancellation is for one Insured and the "contractor," at the last
or more of the following reasons: mailing addresses known to us, written
(a) Fraud or material misrepresentation notice of nonrenewal, stating the actual
affecting this policy or a claim filed reason for nonrenewal, at least sixty days
under this policy or a violation of prior to the effective date of the
any of the terms or conditions of nonrenewal.
this policy; 2. If notice is mailed, proof of mailing will be
(b) Changes in conditions after the of 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 O
COMMERCIAL GENERAL LIABILITY 7,
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT -
WHEN WE D® NOT RENEW
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
LIQUOR LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
The following Condition is added to CONDITIONS (Section IV):
When We Do Not Renew.
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
CG 00 04 02 86 Copyright, Insurance Services Office, Inc., 1985 ❑
a THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No . i�-n120-10906-89-7
AIA Document A312
Performance Bond
Any singular reference to Contractor, Sun•Iv, Owner or olluvr parry shalt be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Musselman & Hall Contractor$ , Inc . United States Fidelity & Guaranty Co .
4922 East Blue Banks P . 0 . Box 1131
Kansas City , MO 64130 Kansas City , MO 64141
OWNER (Name and Address):
City of Jefferson , MO
CONSTRUCTION CONTRACT
Date: May 16 , 1989 ( $51 ,149 . 87 )
Amount: Fifty-One Thousand One Hundred Forty-Nine and 87/100 Dollars
Description (Name and Location): "1989 Slurry Seal Program"
BOND
Date (Not earlier than Construction Contract Date): June 26 , 1989 ($51 ,149 . 87 )
Amount: Fifty-One Thousand One Hundred Forty-Nine and 87/100 Dollars
Modifications to this Bond: [2 None O See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Musselman & Hall L;Qrl tractors , Inc . United States Fidelity & Guaranty Co .
IV A
Signature: Signature: '
Name and Title: D g14 4,(/J Name and Title: Richard A. Bumg - ner
i (•ScG�p Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone.)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Lockton Insurance Agency other party):
P.O. Box 8418
Prairie Village, Kansas 66208
AIA DOCUMENT A312•PERFORMANCE BOND ANO PAYMENT BOND•UEC1,411JER IWA ED, •AIA r►
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N,W„WASHINGTON,D.C.20006 A312-ISH I
4, The"tontractor and the Surely, jointly and sevvrally, which it may be liable to the Owner and• as
bind themselves, their heirs, executors, admimor,ilurs, soon as practicable after the amount is deter-
successors and assigns to the Owner for the pt•riormance mined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contracl, Owner citing reasons therefor.
the Surely and the Contractor shall have no obligation 5 1 1 1 he Surely does not proceed as provided in Paragraph
under this Bond, except to partuipate in cnnlerences as 4 with reasonable promptness,the Surety shall be deemed
provided in Subparagraph 3.1, it)be in delault on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surely'% (►hligation additional wrilien notice from the Owner to the Surety
under this Bond shall arise after, dem.oadntg that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 1fl below provided in Subparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring a E untractor payment It-ndered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole or in mart,without further notice the Owner shalt be
conference with the Contractor and the Sorely to be entilled to eo(urcer any remedy available to the Owner.
held not later than fifteen days alter re(e►pt of such
notice to discuss methods of performing Ihv Cumiruc- 6 A(^.er Ihu Owner has terminated the Contraoor's right
lion Contract. 11 the Owner, the Contractor anti the to complete the Construction Contract, and if the Surety
Surety agree,the Contractor shall be allowt:(t a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Comlruction Contract, but then the re%prmsibilittes of the Surely to the Owner shall
such an agreement shall not waive the Owner's right,it t►ol be greater than those of the Contractor under the
any,subsequently to declare a Contractor Defaull; and Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under they Construction Contract.To the limit of the
formally terminated the Contractor's right Io complete amoum of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contra(cur and (osts and damages on the Construction Contract,the Sure-
the Surety have received notice as provi(It-d in Sub- ly is obligated without duplication for:
paragraph 3.1; and
6.1 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the llal.uu r of the Inn of defective work and completion of the Construe.
Contract Price to the Surety in accordan(v with the lion Contract;
terms of the Construction Contract or to a (untractor
selected to perform the Construction Contr+c t in actor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner, tutu resulting from the Contractor's Default, and re-
4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety
under Paragraph 4; and
graph 3, the Surety shall promptly and at the`+urely's ex-
pense take one of the following actions: 6.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract,actual dam-
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor-
Owne'r, to perform and complete the Construction mance of the Contractor.
Contract; or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Conslruc- obligations of the Contractor that are unrelated to the Con-
lion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposal% from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract In he pre- 8 The Surely hereby waives notice of any change,includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to he secured related subcontracts, purchase orders and other obliga•
with performance and payment bonds executed by a lions,
qualified surety equivalent to the bonds issued(In the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or ecluitable, under this Bond
amount of damages as described in Paragraph 0 in Cx- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's dofaull; or and shall be instituted within Iwo years after Contractor
4.4 Waive its right to perform and complOv, atrailge Default or within two years alter the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circurnsl.nlc es: it) perform its obligations wider this Bond,whichever oc-
(urs first. if the provisions of lhis Paragraph are void or
.1 After investigation, determine Iliv amount for prohibited by law, the minimum period of(imitation avall-
AIA DOCUMENT A312• PERFORMANCE IIONU AND 11AYMlN1 HONU•U(CIlNlfflt 1114 tD. •AIA •
Olt AMERICAN INSTITUTE Of ARCNITICTS, 173S NEW 1(1RK AVE.,N.W„WASHIN(;10N,OX, 200r)h A312.1984 2
• able to sureties as a defense In the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of Insurance or other claims
90 Notice to the Surely, Owner or the Contractor shall
for domages to which the Contractor is entitled, re•
y duced by all valid and proper payments made to or on
be mailed or delivered to the address shown on the sig. behalf of the Contractor under the Construction Con•
VW nature page. Iraci.
11 When this Bond has been furnished to dimply with a 12,2 Construction Contract:The agreement between
statutory or other legal requirement in the lot ation where the owner and the Contractor identified on the sig-
the construction was to be performed,any provision in thi% nature page, Including all Contract Documents and
Bond conflicting with said statutory or legal requirement lhange% thereto.
shall be deemed deleted hereirom and pnwkions con-
forming to such statutory or other legal requir:-menl shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The inlem is that this whir is har neither been remedied nor waived,to per.
Bond shall he construed as a statutory bond anti not as a form or otherwise to comply with the forms of the
common law bond. Consiruction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: Thr�t�rtal amount neither been remedied nor waived, to pay the Con-
12.1 as required by the Construction Contract or to
payable by the Owner to the Contrar ter curler the perform and complete or comply with the other terms
Construction Contract after all proper adjustment% thereof.
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space Is provided below for additional signaluros of added parties, other than those appearing an 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,PERrORMAN('( HOND AND PAYMENT 110NI)•fill IMillR I4*1 11). a AIA •
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 Nt1Y VORK AVE..N.W.,WAlHlW;1()N,V.C,MIA A312.1964 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No . 36-0120-10906-89-7
AIA Document A312
Payment Bond
Any singutar reference to Contractor, Surety, owner or other party %hall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Musselman & Hall Contractors , Inc . United States Fidelity & Guaranty Co .
4922 East Blue Banks P . 0 . Box 1131
Kansas City, MO 64130 Kansas City, MO 64141
OWNER (Name and Address):
City of Jefferson , MO
CONSTRUCTION CONTRACT
Date: May 16, 1989 ($51,149 . 87 )
Amount: Fifty-One Thousand One Hundred Forty-Nine and 87/100 Dollars
Description (Name and Location): "1989 Slurry Seal Program"
BOND
Date (Not earlier than Construction Contract Dale): June 26 , 1989 ($51,149 . 87 )
Amount: Fifty-One Thousand One Hundred Forty-Nine and 87/100 Dollars
Modifications to this Bond: QC) None ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Musselman alA�Cntra tors , Inc . United S ates Fidelity & GuarantyCo .
A .
Signature: -. g
Name and TitIJ_v0Uqfe4 5 (? Name and Title: Richard A. B ardner
r.� ( 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
Lockton Insurance Agency other party):
• P.O. Box 8418
Prairie Village, Kansas 66208
AIA DOCUMENT A312-PERFORMANCE IIOND AND PAYMINI NUND-Ott IMIIER 1914 EU. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N(W VORK AVE.,N.W.,WASHINGTON,U.C. X" A312-1 SIN 4
I The Contractor and the Surely, jointly anti sevt-rally, 6 When the Claimant has satisfied the conditions of Para-
bind themselves, their heirs, executors, adminiMrato►s, graph 4, the Surety shall promptly and at the Surety's ex-
successors and assigns to the Owner to pay for labor, pence lake the following actions:
malitrials and equipment furnished for use in llte perfo►• 6,1 Send an answer to the Claimant,with a co to the
mance of the Construction Contract,which is intorporated Owner,within 45 days after receipt of the claim stating
herein by reference, the amounts that are undisputed and the basis for chat-
2 With respect to the Owner,this obligation shall Ile null lenging any amounts that are disputed.
and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, anictunts.
for all %ums due Claimants, and 7 rim stitoiy•s total obligation shall not exceed the
2.2 Defends, indemnifies and holds, harmh-c. 1he amount cu cius Bond, and the amount of this Bond shall be
Owner from all claims, demands, hens or .oils by any (redttc:t)for agcy payments made in good faith by the Surely.
person or entity who furnished labor, male h.0% or 0 nrnot.r.t owed by the Owner to the Contractor under
equipment for use in the performance of Ihc (c,natruc- lite C•onstl,.c(icon contract shall be used for the perfor.
lion Contract, provided the Owner has I)rninl)tty noli• ittanc r:of the(.c,ustruction Contract and to satisfy claims,if
tied the Contractor and the Surety (at Ihc• addri-ss tie y
scribed in Paragraph 12) of any claims, drri.and%. liens any, under wiy Construction Performance Bond. By the
or suds and rendered defense of Sul h(lain— (Irelands, t onlractur iurno%hing and the Owner accepting this Bond,
liens or scats to the Contractor and the %u(viy, and Illey agree Mal all funds Earned by the Contractor to the
lterlonnanc a of the Construction Contract are dedicated to
provided there 15 no Owner f.)elault' %alisfy oblc):atcons of the Contractor and the Surety under
3 With respect to Claimants, the. obligation •hall he null this Bond, ,ublect to the Owner's priority to use the funds
and void it the Contractor promptly make•. 11,cvnu•nt, di• for flit, utmpluiton of the work,
rectly or lndire(tfy, for all surrhs clue. 9 the Surc•1•y shall not be liable to the Owner, Claimants
4 The Surely shall have no obtc);alinn to Claimant.under or others for obbiptcons of the Contractor that are unrelal-
this Berlin until ed to the Construction Contract. The Owner shall not he
4.1 Claimants who are employed by or have ,c direct under for lmyinc•nt of any costs or expenses of any Claimant
under this Bond,and sl,all have under this Bond no obtiga-
contract with the Contractor have given notice to the lions to make payments to, give notices on behalf of, or
Surety (at the address des(nb(d in Paragraph 12) and otherwise have obligations to Claimants under this Bond.
sent a copy,or notice thereof ui the Owner,stating Ihat
a claim is being made under this Bond and. with sub- 10 The Stucq hereby waives notice of any change.includ•
stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to
4.2 Claimants who do not have a direct crtnlraCt with related subcontracts, purchase orders and other obliga•
lions
the Contractor:
11 No suit or action shall be commenced by a Cldimanl
.1 Have furnished written notice In the Con- under this Ilond other than in a court of competent lurisdcc-
tractor and sent i copy, ay notice thereof,list lion in Iht location in which the work or part of the work is
the Owner, within dtl days after having last located or after the expiration of one year from the date(1)
performed labor or last furnished materials or on which the Claimant lave the notice required by Sub•
equipment included in the claim stating,with paragraph 4 1 nr Clause 4.2 hill, or (2) on which the last
substantial accuracy, the amount of the claim labor or`c,„ice.vas performed by anyone or the Iasi male•
and the name of the party to wham the mate- vials or ec;,tipment were furnished by anyone under the
rials were furnished or supplied or for whom Construction Contract, whichever of(1)or(2) first occurs.
the labor was done or performed; and II the provisions of this Paragraph arc void or prohibited by
.2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties
part from the Contractor,or not reteivc,d with• as a defense in the jurisdiction of the suit shall be applica-
in 30 days of furnishing the above notice any hlc•
communication from the Contractor by who It 12 Notice to the Surety,the Owner or the Contractor shall
the Contractor has indicated the(iatm will be he mailed or delivered to the address shown on the silt•
paid directly or indirectly; and nature page.At lual receipt of notice by Surety, Ilia Owner
.3 Not having been paid within thrabove Mdays, or the Confractor, however ac(omplished. .shall he suffi•
have sent a written notice to the Surely(.it the I ienl compliance as of the elate received at the address
address described in Paragraph I!1 and%veil a shown on the signaluio page.
copy,or notice thereof, to the Ownt-r. sialiog 13 When this Bond has been furnished lu cumply wish a
that a claim is being made under Ihis Ilond and slatulory or other Iel;,cl requcremenl in the location where
enclosing(copy C Ihc previous writl(n antic i� cite construction was la be performed,any provision in Ihis
furnished to the Contractor' Ilund conflicting with saicl %lalutury or it-gal rr(luvt•meitl
5 Il a notice required by Paragraph 4 is given I)y Ih(-Utvoer shall be deemed deleted herefrom and provisions con•
to the Contractor or to the Surely,that is suffit ienl compli• forming;to such statutory or other It-gal requirement shall
ante, be deemed incorporated herein. The intent is that this
AIA DOCUMENT A313• PERfORMANC( BOND AND PAYMM IIOND-t)l('IMNIR 1'1011 11). -AIA to
THE AMERICAN INSTITUTE Of ARCHITECTS, 171S NEW YORK AVE„N.W.,WAsHIW;J()N,D.C, 100!111 A312.1964 5
Bond shalt 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
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing lobe a all other items for which a mechanic's lien may he
potential beneficiary of this Blind, the C11111raelor shalt 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.
15.2 Construction Contract:The agreement between
IS DEFINITIONS 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 ur with a Sulu untraclOr al chanties thereto.
the Contractor to furnish labor, malr:nal% ur equip, 15.3 Owner Default:Failure of the Owner,which has
ment for use in the performance of the('rililraci. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include wilhnut limits- tractor as required by the Construction Contract or to
lion in the terms"labor,materials Or equipment"that perform and complete or comply with the other terms
part of water, gas, power, light, heal, uif, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
ISpace 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:
ALA DOCUMINT A312•FIRFORMANCI aOND AND PAYMINI aOND-UICEMFIIR 1194 I.D. •AIA w
THI AMIRICAN INSTITUTI OF ARCHITECTS,1f35 NIW YORK AVII.,N.W.,WASHINGTON,U.C.20M A312.1964 6
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No......101514---------------------
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Janes C. Pateldl, MiChd-el D. Whipps, Barbara M. Thacker, Janet L. MCRUI, SWIM1 G.
Tobin and Richard A. ME gardner
of the City of Prairie Village , State of Kansas
its true and lawful attorneys
for the following purposes,to wit:
To sign its name as surety to,and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever
anyone of the said Janes C. Pateidl and the Said Michael D. W dPpt3 and the said
Barbara M. Thacker and the said Janet L. MCRill and the said SafUel G. Zbbia and the
said Richard A. BmVardner
may lawfully do,in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary,this 3rd day of
May .A.D.19 89
qW UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) up........CeCil,E. ESte8.....
.......................
Vice-President.
(SEAL) E1i.aabeth S. DIMA
(Signed) ... ................................................
Assistans.Secretary.
STATE OF MARYLAND. t
s es:
BAi:ri MORE CITY,
On this 3rd day of May ,A.D. 1439 ,before me personally came
Cecil E. Estes . Vice-president of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Elizabeth S. DUM ,Assistant Secrets ryof said Company,with both of
whom 1 ant personally acryuainted, who being by me severally duly sworn, said that they, the said Co E. Bates
and Elizabeth S. DUM were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY 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 was
on fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant SecnAary,respectively,of the Company.
Aly commission expires the first day in July,A.D. 19.90
(SEAL.) (Signed) Margaret .M... HUrSt" ,
Notary Public.
Is FS 3 (1.87)
COPY OF RESOLUTION
That Whereas,it is necessary for the effectual transaction of business that this Company oppoint agents and attorneys with power
and authority to act for it and in its name In States other than Maryland, and in the Territories of the United States and in the Provinces
and territories of Canada;
Therefore,be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice-
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact,or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than
insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law
allowed,and
Also,in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and.all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or
territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer,
local, municipal or otherwise, he allowed, required or permitted to be executed,made, taken, given, tendered,accepted, filed or recorded
for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or
organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which
may be provided for in any such bond, recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same.
I, Janes M. Carroll ,an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to James C. Pateidl, Michael D. Whims, Barbara M. Thacker, Janet L. MCRill,
S=Wl G. Tobi s arid Richard A. 9XIVardner
Of Prairie VUlage, Kansas , authorizing and empowering thin to sign bonds as therein set
forth,which power of attorney has never been revoked and is still in full force and effect.
And 1 do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of
November, 1981, at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said
resolution,and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on JUN 2 6
(Date) ez
.. . ....................................I..............
Assistant Secretary.
y .
i
ACON10• CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY)
03/31/90 06/26/89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
Lockton Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. Box 8418 COMPANIES AFFORDING COVERAGE
Prairie Village Ks 66208
COMPANY A
CODE SUB-CODE LETTER California Comp (Hanover)
COMPANY B
INSURED 133 LETTER Massachusetts Bay, (Hanover)
Musselman $ Hall Contractors, Inc. COMPANY C
4922 E. Blue Banks Hanover Insurance Company
Kansas City MO 64130 COMPANY
LETTER D
COMPANY E
LETTER
COVERAGES 4C.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
TR DATE(MM/DDNY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $2000
A x COMMERCIAL GENERAL LIABILITY Z3020591 03/31/89 03/31/90 PRODUCT&COMP/OPS AGGREGATE 51000
CLAIMS MADE X OCCUR. PERSONAL 6 ADVERTISING INJURY 51000
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1000
x Broad Form PD FIRE DAMAGE(Any one fire) 550
x Property Damage $1,000 ded. MEDICAL EXPENSE(Any one person) $5
AUTOMOBILE LIABILITY COMBINED
wM
X ANY AUTO ADK310353600 03/31/89 03/31/90 LIM TLE $ 1000
ALL OWNED AUTOS BODILY
INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY
X 'NON-OWNED AUTOS INJURY $
(Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
C x Umbrella Form 02564339 03/31/89 03/31/90 $ s
OTHER THAN UMBRELLA FORM 1000 1000
WORKER'S COMPENSATION STATUTORY
S 500 (EACH ACCIDENT)
A AND WCK3103940 03/31/89 03/31/90 s 500 (DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY s 500 (DISEASE—EACH EMPLOYEE)
OTHER
A Contr./Leased Z3020591 03/31/89 03/31/90 All Risk - $1,000 ded.
Equipment
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS
1989 Slurry Seal Program
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Jefferson City , MO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
320 East McCarty MAIL I Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson C i t y, MO 65101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
CORD 25.9 3/8e ®�Ru cOa ria ' e j
ISSUE DATE(MM/DD/YY)
A"P IRD. INSURANCE BIN 6-26-89/kj
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE
SIDE OF THIS FORM
DUCER COMPANY BINDER NO.
Hanover 6-404C
Lockton Insurance Agency DATE EFFECTIVE TIME DATE TIME
TIME
P.O. Box 8418 6-26-89 12:01 x AM 8-26-89 x I2.01 AM
Prairie Village, KS 66208 PM NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PER EXPIRING POLICY NO:
CODE SUB-CODE DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Lncnllon)
1989 Slurry Seal Program
INSURED
City of Jefferson City Mo.
320 East McCarty
Jefferson City, MO. 65101
COVERAGES ALL LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINSUR.
PROPERTY CAUSES OF LOSS
BASIC BROAD SPEC.
GENERAL LIABILITY GENERAL AGGREGATE s800
COMMERCIAL GENERAL LIABILITY PROD.—COMPIOPS AGGREGATE S
CLAIMS MADE OCCUR PERSONAL&ADVTSNG.INJURY $
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $100/800
1p FIRE DAMAGE(Any one tiro) $
RETRO DATE FOR CLAIMS MADE; N/A MED.EXPENSE(Any one parson) $
AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL $
LIABILITY BI PERSIACCID $
NON/OWNED PD $
HIRED KIED.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
07111:11 THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE:
STATUTORY
WORKER'S COMPENSATION $ (EACH ACCIDENT)
AND
EMPLOYER'S LIABILITY S (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
SPECIAL CONDITIONSIRESTRICTIONSIOTHER COVERAGES
Designated Contractor: Musselman & Hall Contractors Inc.
& its sub contractors and sub-subcontractors
4922 E. Blue Banks
Kansas City, MO. 64130
NAME&ADDRESS
MORTGAGEE ADDITIONAL INSURED
LOSS PAYEE
LOAN 0
AUTHORIZED REPRESENTATIVE
fl.Cooplo-11_(2� g ._, __�„ ___ ___- ------___ . . RD CORPORATION 1988