HomeMy Public PortalAboutORD11237 BILL NO. 89-29
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 TWEHOUS
EXCAVATING COMPANY, INC. , FOR IMPROVEMENTS TO SEVEN HILLS ROAD.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Twehous Excavating Company,
Inc. , for improvements to Seven Hills Road for a sum not to exceed
$1, 013,026.26.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
® Passed 5-1 4 Approved
Pr sid Officer Ma
ATTEST: `
T City Clerk
•
CONSTRUCTION CONTRAC
THIS CONTRACT, made and entered into this day of
u�ruZ , 19_$_q__, by and between Twehous Excavating company,
Inc. , 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: 911989 seven Hills Road Improvement
lProjectt1.
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
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. 89-026-0055 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 Ins%i ance in an amount not
less than $800,000 for all claims arising out of a single
occurrence and $100,000 for- any one person in a single accident or
occurrence, except for those claims governed by the provisions of
the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and
Contractor's Property Damage Insurance in an amount not less than
$800, 000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(c) Automobile Liability Insurance in an amount not less than
$800, 000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its own expense and deliver to the City an
Owner's Protective Liability Insurance Policy naming the city of
Jefferson as the insured, in an amount not less than $800,000 for
all claims arising out of a single accident or occurrence and
$100,000 for any one person in a single accident or occurrence,
except for those claims governed by the provisions of the Missouri
Workmen's Compensation Law, Chapter 287, RSMo. No policy will be
accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
(e) Subcontracts - In,case any or all of this work is sublet,
the Contractor shall require the Subcontractor to procure and-
maintain all insurance required in Subparagraphs (a) , (b) , and (c)
hereof and in like amounts.
(f) Scone 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.
a . contract2res Resiponoibility It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of ito subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persona 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. UgHidated Damages. The Director of Public Works ma y ,
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. 14emni v. 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 netyligence 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 XfiteXials. 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 Part I-Base Bid, Alternate I, and
Part II of the bid of Contractor dated May 10, 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.
AOIL
qu 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
8207-A Liberty Drive, Jefferson City, Missouri 65101.
The date of delivery of any notice shall be the second full day
after the day of its mailing.
14. Jurlsdiation. 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 ha- hereunto set their
hands and seals this G -kL day of ...� ,
19 -F'� r.
CITY OF JEFFERSON, MISSOURI
By
or
ATTEST:
CITY CLERK
CONTRACTOR
By
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ATTEST:
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AN AMERICANGENERAL C(WPANY
47735(Ed. 4.87)
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS
This Po4sy consists of this Declarations Form,the Owners and Contractors Protective Liability MARYLAND CASUALTY COMPANY
Coverag�Form and the Endorsements indicated as applicable, BALTIMORE,MD 21203
❑ EC' W8 2 0 8 0 3 9 NEW ❑ RENEWAL OF
A Stock Company
1.NAMED INSURED and MAILING ADDRESS:
City of Jefferson, Department of Public Works
320 East McCarty
Jefferson City, MO 65101
2.POLICY PERIOD:From 06-06-89 to 06-06-90
12:01 A.M.Standard Time at your Mailing Address above.
AGENT: Winter-Dent & __CompanV
40 00364513 St. Louis
BO CODE PRODUCER BRANCH OFFICE
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE
INSURANCE AS STATED IN THIS POLICY.
3.LIMITS OF INSURANCE
AGGREGATE LIMIT $ 800,000
EACH OCCURRENCE LIMIT $ 100,000/0011000
Designation and Mailing Address of Contractor:
Twehous Excavating Company, Inc,
8207-A Liberty Drive
Jefferson City, MO 65101
ocation of Covered Operations(Same as Item 1 unless shown below):
Project: 1989 Seven Hills Road Improvement
CLASSIFICATION CODE NO. PREMIUM BASE RATE PER$1000 ADVANCE PREMIUM
OF COST
Construction Operations -
owner (not railroads) -
excluding operations
on board ships 16292 c)1,013,026 Included 420,
4.FORMS/ENDORSEMENTS APPLICABLE:IL 00 21 (11-85); 47925(1-87); TOTAL PREMIUM
IL0017(11-85); IL0101(9-87); C00009(11-85); IL0274(9-87); FOR THIS ► $ 420.
COVERAGE PART
5.FORM OF BUSINESS: ❑Individual ❑ Joint Venture ❑ Partnership ❑ Organization(Other than Partnership or Joint Venture)
X Mun cipality
6-9-89 SrWD
Countersigned:
By:
Date Authorized Rop oson ative
litwom cwyriolsd malulYri of Inaau¢o 6ervcor,Olhce.Inc,Nah its permttow.
Copyright,Irrurmce sovices ollka.Ina,nu
47736 Ed,4-87
MARYLAND CASUALTY COMPANY
Baltimcre,Maryland 21203 A Stock Company
NORTHERN INSURANCE CO. OF N.Y.
Now York,New York 10038 A Stock Company
QUICK REFERENCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
READ YOUR POLICY CAREFULLY
DECLARATION PAGE
Named Insured and Mailing Address
Policy Period
Designated Contractor and Mailing Address
Location of Operations
Limits of Insurance
Endorsements-IL 00 21 11 85 (Broad Form Nuclear Exclusion)
SECTION I-COVERAGES Beginning on Page
Bodily Injury and Property Insuring Agreements . . . . . . . . . . . . . . . . . . 1
Damage Liability Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Supplementary Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION II-WHO IS AN INSURED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION III-LIMITS OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION IV-CONDITIONS
Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Duties In the Event Of Occurrence, Claim or Loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Examination of Your Books and Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Inspection and Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Legal Action Against Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Other Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PremiumAudit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Separation of insureds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Transfer of Rights of Recovery Against Others To Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION V-DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ENDORSEMENTS (IF ANY)
Copyright, Insurance Services Office, Inc., 1984
•
47925 Ed.1187
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION D. INSPECTIONS AND SURVEYS
1. The first Named Insured shown in the Declara- We have the right but are not obligated to:
tions may cancel this policy by mailing or 1. Make inspections and surveys at any time;
delivering to us advance written notice of 2. Give you reports on the conditions we find; and
cancellation.
2. We may cancel this policy by mailing or deliver-
ing to the first Named Insured written notice of Any inspections, surveys, reports or recommenda-
cancellation at least: tions relate only to insurability and the premiums to
a. 10 days before the effective date of cancella- be charged.We do not make safety inspections.We
tion if we cancel for nonpayment of premium; do not undertake to perform the duty of any person
or
or organization to provide for the health or safety of b. 30 days before the effective date of cancella- workers or the public. And we do not warrant that conditions: ..
tion if we cancel for any other reason. 1. Are safe or healthful; or
3. We will mail or deliver our notice to the first 2. Comply with laws, regulations, codes or Stan-
! Named Insured's last mailing address known to dards.
US.
4. Notice of cancellation will state the effective This condition applies not only to us,but also to any
date of cancellation. The policy period will end rating, advisory, rate service or similar organiza-
on that date. tion which makes insurance inspections, surveys,
reports or recommendations.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we E. PREMIUMS
cancel, the refund will be pro rata. If the first The first Named Insured shown in the Declarations:
Named Insured cancels, the refund may be less 1. Is responsible for the payment of all premiums;
than pro rata. The cancellation will be effective and
qW even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be suffi- 2. Will be the payee for any return premiums we
cient proof of notice. pay.
' B. CHANGES F. TRANSFER OF YOUR RIGHTS AND DU-
i TIES UNDER THIS POLICY
This policy contains all the agreements between Your rights and duties under this policy may not be
you and us concerning the insurance afforded.The transferred without our written consent except in
1 first Named Insured shown in the Declarations is
authorized to make changes in the terms of this the case of death of an individual named insured.
policy with our consent.This policy's terms can be If you die,your rights and duties will be transferred
amended or waived only by endorsement issued by to your legal representative but only while acting
us and made a part of this policy. within the scope of duties as your legal represen-
tative. Until your legal representative is appointed,
C. EXAMINATION OF YOUR BOOKS AND anyone having proper temporary custody of your
RECORDS property will have your rights and duties but only
We may examine and audit your books and records with respect to that property.
as they relate to this policy at any time during the
I policy period and up to three years afterward.
I
IL 00 17 11 85 Copyright, Insurance Services Office, Inc., 1982, 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NUCLEAR ENERGY LIABILITY EXCLUSION END®RSNIENT
(Broad Form)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
y
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION
1. The insurance does not apply: (1) The "nuclear material" (a)is at any"nuclear
A. Under any Liability Coverage, to "bodily facility" owned by, or operated by or on
injury" or"property damage:' behalf of, an "insured" or (b) has been dis-
(1) With respect to which an"insured"under charged or dispersed therefrom;
the policy is also an insured under a (2) The "nuclear material" is contained in
nuclear energy liability policy issued by "spent fuel" or "waste" at any time
Nuclear Energy Liability Insurance Asso- possessed, handled, used, processed,
ciation, Mutual Atomic Energy Liability stored, transported or disposed of by or
Underwriters,Nuclear Insurance Associa- on behalf of an "insured; or
tion of Canada or any of their successors, (3) The "bodily injury" or "property dam-
or would be an insured under any such age" arises out of the furnishing by an
policy but for its termination upon ex- "insured"of services, materials,parts or
haustion of its limit of liability; or equipment in connection with the plan-
(2) Resulting from the "hazardous proper- ning, construction, maintenance, opera-
ties" of "nuclear material" and with tion or use of any"nuclear facility," but if
respect to which(a)any person or organi- such facility is located within the United
zation is required to maintain financial States of America, its territories or pos-
protection pursuant to the Atomic Energy sessions or Canada, this exclusion (3)
Act of 1954, or any law amendatory applies only to "property damage" to
thereof, or (b) the "insured" is, or had such "nuclear facility" and any property
this policy not been issued would be, thereat.
entitled to indemnity from the United 2. As used in this endorsement:
States of America,or any agency thereof, "Hazardous properties" include radioactive,
under any agreement entered into by the toxic or explosive properties;
United States of America, or any agency "Nuclear material" means "source mate-
thereof, with any person or organization. rial," "Special nuclear material" or "by-pro-
B. Under any Medical Payments coverage,to ex- duct material;"
penses incurred with respect to "bodily in- "Source material," "special nuclear mate-
jury" resulting from the "hazardous proper- rial," and "by-product material" have the
ties"of"nuclear material" and arising out of meanings given them in the Atomic Energy
the operation of a "nuclear facility" by any Act of 1954 or in any law amendatory thereof;
person or organization. "Spent fuel" means any fuel element or fuel
C. Under any Liability Coverage, to "bodily component, solid or liquid, which has been
injury" or"property damage" resulting from used or exposed to radiation in a "nuclear
the "hazardous properties" of "nuclear ma- reactor;"
terial," if:
IL 00 21 11 85 Copyright, Insurance Services Office, Inc„ 1983, 1984 Page 1 of 2 ❑
"Waste" means any waste material (a) contain- (c) Any equipment or device used for the pro-
ing"by-product material"other than the tailings cessing,fabricating or alloying of"special
or wastes produced by the extraction or con- nuclear material" if at any time the total
centration of uranium or thorium from any ore amount of such material in the custody of
processed primarily for its "source material" the "insured" at the premises where
content, and (b) resulting from the operation by such equipment or device is located con-
any person or organization of any "nuclear sists of or contains more than 25 grams of
facility" included under the first two paragraphs plutonium or uranium 233 or any com-
of the definition of "nuclear facility." bination thereof,or more than 250 grams
"Nuclear facility" means: of uranium 235;
(a) Any "nuclear reactor;" (d) Any structure, basin, excavation, prem-
(b) Any equipment or device designed or ises or place prepared or used for the
used for (1) separating the isotopes of storage or disposal of ' waste;
uranium or plutonium, (2) processing or and includes the site on which any of the forego-
utilizing"spent fuel,"or(3)handling,pro- ing is located, all operations conducted on such
cessing or packaging "waste;" site and all premises used for such operations;
"Nuclear reactor" means any apparatus de-
signed or used to sustain nuclear fission in a self-
, supporting chain reaction or to contain a critical
mass of fissionable material;
"Property damage" includes all forms of radioac-
tive contamination of property.
1
Page 2 of 2 Copyright, Insurance Services Office, Inc„ 1983, 1984 IL 0021 11 85
it
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NV1 NSS�U RI CHANGES
This endorsement modifies insurance provided under the following:
COMMERCIAL PROPERTY COVERAGE PART
FARM PROPERTY COVERAGE FORM
LIVESTOCK COVERAGE FORM
MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM
A. When this endorsement is attached to the 6. If this policy is cancelled, not renewed, re-
STANDARD PROPERTY POLICY CP 00 99 the duced in amount or adversely modified, we
terms Coverage Form and Coverage Part in this will send the first Named Insured any premitem
endorsement are replaced by the term Policy. refund due. If we take this action, the refund
B. The following provision applies except when will be pro rata. If the first Named Insured
Paragraph C. of this endorsement applies: cancels, the refund may be less than pro rata.
This action will be effective even if we have
The CANCELLATION Common Policy Condition not made or offered a refund.
is replaced by the following: 6. If notice is mailed, proof of mailing will be
CANCELLATION, NONRENEWAL AND DE- sufficient proof of notice.
CREASES IN COVERAGE C. When coverage is provided under the:
1. The first Named Insured shown in the Decla- 1. LEGAL LIABILITY COVERAGE FORM CP 00
rations may cancel this policy by mailing or 40; or
delivering to us advance written notice of 2. MORTGAGE HOLDERS ERRORS AND
cancellation. OMISSIONS COVERAGE FORM CP 00 70;
2. We may cancel, not renew, reduce in amount the following provisions apply and supersede
or adversely modify this policy by mailing or any provisions to the contrary: .
delivering to the first Named.Insured written a. Paragraph 2. of the CANCELLATION
notice of this action at least: Common Policy Condition is replaced by
a. 10 days before the effective date of this the following:
action if due to nonpayment of premium 2, We may cancel this policy by mailing
or evidence of incendiarism; or or delivering to the first Named Insured
b. 30 days before the effective date of this written notice of cancellation, stating
action if for any other reason. the actual reason for cancellation, at
3. We will mail or deliver our notice to the first least:
Named Insured's last mailing address known a. 10 days before the effective date of
to us, cancellation if we cancel for non-
4. Notice of: payment of premium;
a. Cancellation will state the effective date of b. 30 days before the effective date of
cancellation. The policy period will end on cancellation if cancellation is for one
that date. or more of the following reasons:
b. Any other action will state the effective (1) Fraud or material misrepresen-
date of that action. tation affecting this policy or a
claim filed under this policy or a
violation of any of the terms or
conditions of this policy;
IL 01 01 09 87 Copy ri ght, I nsurance Services Qffice, Inc. 1984 1987 Pa ge 1 of 2 ., O
Copyright, ISO Commercial Risk Services, Inc., 1984, 1987
(2) Changes in conditions after the Loss Payment
effective date of this policy a, In the event of partial loss or damage cov-
which have materially increased ered by this Coverage Form,at your option,
the risk assumed; we will either:
(3) We become insolvent; or, (1) Pay you an amount of money equal to
(4) We involuntarily lose reinsurance the damage done; or
for this policy. (2) Repair the damage, so that the property
c. SO days before the effective date of is in as good a condition as before the
cancellation 'if we cancel for any fire.
other reason. But we will not pay more than the Limit
b. The following is added and supersedes any of Insurance.
provision to the contrary: b. We will•not pay you more than your fi-
N®NRENEUVAL nancial interest in the Covered Property.
(1) We may elect not to. renew this c. We may adjust losses with the owners of
policy by mailing or delivering to lost or damaged property if other than you.
.the first Named Insured, at the If we pay the owners, such payments will
last mailing address known to satisfy your claims against us for the own-
us, written notice of nonrenewal, ers' property. We will not pay the owners
stating 'the actual reason for more than their financial interest in the
nonrenewal, at least sixty days Covered Property.
prior to the effective date of the d. We may elect to defend you against suits
nonrenewal. arising from claims of owners of property.
(2) If notice is mailed, proof of We will do this at our expense.
mailing will be sufficient proof e. We will pay for covered loss or damage
of notice.' within 30 days after we receive the sworn
D. If partial loss or damage to Covered Property is statement of loss, if:
caused by or results from fire, the LOSS PAY- (1.) You have complied with all the terms
MENT Loss'Condition is replaced by the follow- of this Coverage Part; and
ing: (2)(a) We have reached agreement with
you on the amount of loss; or
(b) An appraisal award has been made.
Page 2 of 2 ' Copyright, Insurance Services Office, Inc., 1984, 1987 IL 01 01 09 87 C]
Copyright, ISQ Commercial Risk Services, Inc., 1984, 1987
• COMMERCIAL GENERAL LIABILITY
OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage. b. Damages because of "bodily injury" include
Read the entire policy carefully to determine rights, damages claimed by any person or organization
duties and what is and is not covered. for care, loss of services or death resulting at any
Throughout this policy the words "you" and "your" time from the "bodily injury."
refer to the Named Insured shown in the Declara- c. "Property damage" that is loss of use of tangible
tions. The words "we", "us" and "our" refer to the property that is not physically injured shall be
Company providing this insurance, deemed to occur at the time of the "occurrence"
The word "insured" means any person or organiza- that caused it.
tion qualifying as such under SECTION II - WHO IS 2. Exclusions.
AN INSURED. This insurance does not apply to:
Other words and phrases that appear in quotation a. "Bodily injury" or "property damage" expected
marks have special meaning. Refer to SECTION V - or intended from the standpoint of the insured.
DEFINITIONS. This exclusion does not apply to "bodily injury"
SECTION 1 - COVERAGES resulting from the use of reasonable force to
BODILY INJURY AND PROPERTY DAMAGE protect persons or property.
LIABILITY b. "Bodily injury" or "property damage" for which
1. Insuring Agreement. the insured is obligated to pay damages by rea-
a. We will pay those sums that the insured be- son of the assumption of liability in a contract
comes legally obligated to pay as damages be- or agreement. This exclusion does not apply to
cause of "bodily injury" or"property damage" to liability for damages:
which this insurance applies. No other obli- (1) Assumed in a contract or agreement that is
gation or liability to pay sums or perform acts or an "insured contract;" or
services is covered unless explicitly provided for (2) That the insured would have in the absence
under SUPPLEMENTARY PAYMENTS. This in- of the contract or agreement.
surance applies only to "bodily injury or"bodily injury c. "Bodily injury" or "property damage" which
policy period. The
property damage which occurs during the or occurs after the earliest of the following times:
damage" must be caused by an "occurrence" (1) When all "work" on the project ,(other than
and arise out of: service, maintenance or repairs) to be per-
(1) Operations performed for you by the "con- formed for you by the "contractor" at the site
tractor" at the location specified in the Decla- of the covered operations has been com-
pleted;or
or
(2) Your acts or omissions in connection with (2) When that portion of the "contractor's"
the general supervision of such operations. "work", out of which the injury or damage
arises, has been put to its intended use by any
We will have the right and duty to defend any person or organization. This exclusion does
"suit" seeking those damages. But: not apply to any contractor or subcontractor
(1) The amount we will pay for damages is lim- working directly or indirectly for the "con-
ited as described In SECTION III - LIMITS OF tractor" or as part of the same project.
INSURANCE; d. "Bodily injury" or"property damage" arising out
(2) We may Investigate and settle any claim or of your, or your employees', acts or omissions
"suit" at our discretion; and other than general supervision of "work" per-
(3) Our right and duty to defend end when we formed for you by the "contractor."
have used up the applicable limit of insurance e. Any obligation of the insured under a workers
In the payment of judgments or settlements, compensation, disability benefits or unemploy-
ment compensation law or any similar law.
CG 00 09 11 85 Copyright, Insurance Services gffice, Inc., 1984 Page 1 of 6 O
COMMERCIAL GENERAL LIABILITY
f. "Bodily injury" to: (I) if the pollutants are brought on or to
(1) An employee of the insured arising out of the site or location in connection with
and in the course of his'employment by the such operations; or
insured; (ii) if the operations are to test for, mon-
(2) The spouse, child, parent, brother or sister itor, clean up, remove, contain, treat,
of that employee as a consequence of (1) detoxify or neutralize the pollutants.
above. (2) Any loss, cost, or expense arising out of any
This exclusion applies: governmental direction or request that you
(1) Whether the insured may be liable as•an test for, monitor, clean up, remove, contain,
employer or in any other capacity; and treat, detoxify or neutralize the pollutants.
(2) To any obligation to share damages with or Pollutants means any solid, liquid, gaseous or
repay someone else who must pay damages thermal irritant or contaminant, including smoke,
because of the injury. vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
This exclusion does not apply to liability as- reconditioned or reclaimed:
sumed by the insured under an "insured con= k. "Property damage" to "impaired property" or
tract".
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:An "insured contract;" or dee d I pay, with respect to any claim or "suit" we
(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.
3
j. (1) "Bodily injury" or "property damage" arising . 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-
charge, dispersal, release or escape of pollutants: insurance. We do not have to furnish these bonds.
(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
cupy; defense of the claim or "suit," including actual loss
(b) A; or from any site or location used by.or of earnings up to $100 a day because of time off
for you or others for handling, storage,•dis- from work.
posal, processing or treatment of waste; 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
on that period of
(d) At or from any site or location on which
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 86 O
a
COMMERCIAL GENERAL LIABILITY
aw f
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 II - 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
a. individual, you and your spouse are in- beginning of the policy period shown in the Decla-
sur eds. 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-
ering to us advance written notice of
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-
�' manager. p y
ering to the first Named Insured and the "con-
b. Any person or organization having proper tem- tractor" written notice of cancellation at least:
porary custody of your property if you die, but
only: (1) 10 days before the effective date of cancel=
(1) With respect to liability arising out of the lation if we cancel for non-payment of pre-
, maintenance or use of that property; and mium; or
(2) 30 days before the effective date of cancel-
(2) Until your legal representative has been ap- lation if we cancel for any other reason.
pointed.
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 Insured'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 persoh 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
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
gardless 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,"
c CG 00 09 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 3 of 6 D
t
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 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-
. 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. t
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
(4) Assist us, upon our request, in the enforce- 8. Other Insurance. 4?
ment of any right against any person .or or- The insurance afforded by this Coverage Part is
ganization which may be liable to the insured primary insurance and we will not seek contrib-
because of injury or damage to which this in- ution from any other insurance available to you
surance may also apply. unless the other insurance is provided by a con-
d. No insureds will, except at their own cost, vol- tractor other than the designated "contractor" for
the same operation and job location designated in
untarily make a payment, assume any obligation,
or incur any expense, without our consent. the Declarations. Then we will share with that
other insurance by the method described below.
6. Examination of Your Books And Records. If all of the other insurance permits contribution
We may examine and audit your books and records by equal shares, we will follow this method also.
as well as the "contractor's" books and records as Under this approach, each insurer contributes
they relate to this policy at any time during the equal amounts until it has paid its applicable limit
policy period and up to three years afterward. of insurance or none of the loss remains, which-
6. Inspections and Surveys. ever comes first. '
We have the right but are not obligated to: If any of the other insurance does not permit con-
tribution by equal shares, we will contribute by
a. Make inspections and surveys at anytime; 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-
surance to the total applicable limits of insurance
c. Recommend changes, of all insurers, a
Page 4 of 6 Copyright, Insurance Services Qffice, Inc„ 1984 CG 00 09 11 85 0 '
• COMMERCIAL GENERAL LIABILITY
9. Premiums. a. It incorporates work performed for you that is
The "contractor:" adequate or thought to be defective, deficient, in-
The or dangerous; or
a. Is responsible for the payment of all premiums; b. You have failed to fulfill the terms of a contract
and or agreement;
b. Will be the payee for any return premiums we if such property can be restored to use by:
pay.
10. Premium Audit. a. The repair, replacement, adjustment or removal
of the work prepared for you; or
a. We will compute all premiums for this Coverage b. Your fulfilling the terms of the .contract or
Part in accordance with our rules and rates.
agreement.
b. Premium shown in this Coverage Part,as*ad-
vance premium is a deposit premium only. At the 5. "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 g, "Mobile equipment" means any of the following
Coverage Part to the first Named Insured, this insur- types of land vehicles, including any attached
ance applies: machinery or equipment:
a. As if each Named Insured were the only Named a, Bulldozers, farm machinery, forklifts and other
Insured; and vehicles designed for use principally off public
b. Separately to each insured against whom claim roads;
is made or"suit" is brought. b. Vehicles maintained for use solely on or next to
12. Transfer Of Rights Of Recovery Against premises you own or rent;
Others To Us. c. Vehicles that travel on crawler treads;
If the insured has rights to recover all or part of any d. Vehicles, whether self-propelled or not, main-
payment we have made under this Coverage Part tained primarily to provi mobility to perma-
those rights are transferred to us. The insured must p
do nothing after loss to impair them. At our request, nently mounted:
the insured will bring "suit" or transfer those rights (1) Power cranes, shovels, loaders, diggers or
to us and help us enforce them. drills; or
SECTION V - DEFINITIONS (2) Road construction or resurfacing equipment
1. "Auto" means a land motor vehicle, trailer or such as graders, scrapers or rollers;
semitrailer designed for travel on public roads, in- a. Vehicles not described In a., b., c. or d. above
cluding any attached machinery or equipment. that are not self-propelled and are maintained
But "auto" does not include "mobile equipment." primarily to provide mobility to permanently at-
2. "Bodily injury" means bodily injury, sickness or tached equipment of the following types:
disease sustained by a person, including death re- (1) Air compressors, pumps and generators, in-
sulting from any of these at any time. cluding spraying, welding, building cleaning,
3. "Contractor" means the contractor designated in geophysical exploration, lighting and well
the Declarations. servicing equipment; or
4. "Impaired property" means tangible property, (2) Cherry pickers and similar devices used to
other than work performed for you, that cannot be raise or lower workers;
used or is less useful because:
CG 00 09 11 85 Copyright, Insurance Services Office, Inc„ 1984 Page 5 of 6 . p
COMMERCIAL GENERAL LIABILITY +
f. Vehicles not described in a., b., c. or 1. 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- B. "Property damage" means:
lowing types of permanently attached equip-
ment are not "mobile equipment" but will be a. Physical injury to tangible property, including
considered "autos": all resulting loss of use of that property; or i
b. Loss of use of tangible property that is not
(1) Equipment designed primarily for: 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- 10. "Work" includes materials, parts or equipment
eluding spraying,,welding, building cleaning,. furnished in connection with the operations.
geophysical exploration, lighting and well
servicing equipment.
Page 6 of 6 Copyright, Insurance Services Office, Inc., 1984 CG 00 09 11 85 O 3
THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL CRIME COVERAGE PART - EXCEPT COVERAGE FORMS A AND B
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS COVERAGE PART
A. Paragraph 2. of the CANCELLATION Common (3) We become insolvent; or,
Policy Condition is replaced by the following: (4) We involuntarily lose reinsurance for
2. We may cancel this policy by mailing or de- this policy.
livering to the first Named Insured written c. 60 days before the effective date of can-
notice of cancellation, stating the actual rea- cellation if we cancel for any other reason.
son for cancellation, at least:
a. 10 days before the effective date of can- B. The following is added and supersedes any pro-
cellation if we cancel for nonpayment of vision to the contrary:
premium; NONRENEWAL
b. 30 days before the effective date of can- 1. We may elect not to renew this policy by
cellation if cancellation is for one or more mailing or delivering to the first Named In-
of the following reasons: sured, at the last mailing address known to
® us, written notice of nonrenewal stating the
(1) Fraud or material misrepresentation af- - t 9
fecting this policy or a claim filed under actual reason for nonrenewal, at least sixty
this policy or a violation of any of the days prior to the effective date of the
terms or conditions of this policy; nonrenewal.
(2) Changes in conditions after the effec- 2. If notice is mailed, proof of mailing will be
tive date of this policy which have sufficient proof of notice.
materially increased the risk assumed;
i
�i
it �Mi
IL 02 74 09 87 Copyright, Insurance Services Qff ice, Inc., 1987 L7
• COMMERCIAL GENERAL LIABILITY
Adak THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MISSOURI CHANGES - CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
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 reason.
cellation, at least:
(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 ef- sufficient proof of notice.
fective date of this policy which
have materially increased the risk
assumed;
CG 29 29 09 87 Copyright, Insurance Services Qff ice, Inc., 1987 ❑
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
05/30/89
------------------------------------------------------------------------------------------------------------------------------
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
J NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
inter-Dent & Company -------------------------------------------------------------------------------
01 East McCarty St. COMPANIES AFFORDING COVERAGE
.O. Box 1046 -------------------------------------------------------------------------------
efferson City, MO 65102 COMPANY
314-634-2122 LETTER A MARYLAND CASUALTY COMPANY
-------------------------------------------------------------------------------
COMPANY
---------------------------------------------- LETTER B
INSURED -------------------------------------------------------------------------------
COMPANY
1WEHOUS EXCAVATING CO., INC. LETTER C
ROUTE #3, LIBERTY ROAD -------------------------------------------------------------------------------
COMPANY
JEFFERSON CITY, MO LETTER D
65101 -------------------------------------------------------------------------------
COMPANY
LETTER E
------------------------------------------------------------------------------------------------------------------------------
COVERAGES
------------------------------------------------------------------------------------------------------------------------------
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
------------------------------------------------------------------------------------------------------------------------------EFFECTIVE
LTRI TYPE OF INSURANCE I POLICY NUMBER IP DATE Y(MM/DD/YY)IPDATEY(MM/DD/YY)NI ALL LIMITS IN THOUSANDS
---+---------------------------------+------------------+----------------+-----------------+----------------------------------
A GENERAL LIABILITY EP86821972 10-1-88 10-1-89 GENERAL AGGREGATE $1,000,
[XI COMMERCIAL GENERAL LIABILITY PROD COMP/OPS AGGR $1,000,
[XJ[ ] CLAIMS MADE [XJ OCCURRENCE PERSONAL & ADV INJURY $1,000,
I ] OWNER'S & CONTRACTORS PROTECT EACH OCCURRENCE $1,000,
[ ] FIRE DAMAGE(ONE FIRE) $50,
[ ] MEDICAL EXP(1 PERSON) $5,
---+---------------------------------+------------------+----------------+-----------------+----------------------------------
AUTOMOBILE LIABILITY CT02947721 10-1-88 10-1-89 CSL
[XI ANY AUTO $1,000,
[XJ ALL OWNED AUTOS BODILY INJURY
[XI SCHEDULED AUTOS (PER PERSON) $
[XJ HIRED AUTOS BODILY INJURY
[X] NON-OWNED AUTOS (PER ACCIDENT) $
[ J GARAGE LIABILITY PROPERTY
I ] DAMAGE 3
---+---------------------------------+------------------+----------------+-----------------+----------------------------------
EJCOTHERITHANIUMBRELLA FORM I I I I EACH OCCURRENCE I$I[ AGGREGATE
.--+----------------------------- ---+------------------+----------------+-----------------+----------------------------------
STATUTORY
A WORKERS' COMPENSATION CS08768508 10-1-88 10-1-89 $500, (EACH ACCIDENT)
AND $500, (DISEASE POL)
EMPLOYERS' LIABILITY $500, (DISEASE EACH EMP)
---+---------------------------------+.....-------------+----------------+-----------------+----------------------------------
OTHER
---------------------------------------------------------------- - --------------- ----------------------------------
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
PROJECT: 1989 SEVEN HILLS ROAD IMPROVEMENT PROJECT
JEFFERSON CITY, MISSOURI
CERTIFICATE HOLDER I CANCELLATION
------------------------------------------------------------+--------------------------------------------------------------
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
CITY OF JEFFERSON CITY TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
DEPARTMENT OF PUBLIC WORKS TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
320 E. MCCARTY OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS
EFFERSON CITY, MO 65101 AGENTS OR REPRESE TATIVES.
................. .............................................
AUTHORIZED RE R SENTATIVE
CORD 25-S (11/85) J l m
� `
ACORD INSURANCE BINDER ISSUE DATE (MM/DD/YY)
05/30/89
....----•------------------•--------------------------------...---------.....--------------------------------------------.....
ft THIS BINDER 1S A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
4PRODUCER.. -• -. --- - - - •COMPANY MARYLAND CASUALTY-INSURANCE CO. --- BINDER NO.
111
Winter-Dent & Company EFFECTIVE EXPIRATION
101 East McCarty St. DATE TIME .I DATE TIME
P.O. Box 1046 -----------------------------------------------------------------------------
Jefferson City, MO 65102 12:01 [Xl AM -_[X1-12:01 AM
314-634-2122 06-06-89 --------------- -- 06-06-90 -----------------
CODE SUB-CODE --------------------- ---------
I [ ] PM [ l Noon
---
- ---------------------------------------------
I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
'-"-----•_-•--------------------------------- COMPANY PER EXPIRING POLICY NO.:
INSURED -------------------------------------------------------------------------------
DESCRIPTION OF OPERATION/VEHICLES/PROPERTY (INCLUDING LOCATION)
CITY OF JEFFERSON CITY
DEPARMTENT OF PUBLIC WORKS
320 E. MCCARTY
JEFFERSON CITY, MO 65101 OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY
COVERAGES ALL LIABILITY LIMITS IN THOUSANDS
TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE
PROPERTY CAUSES OF LOSS
[ ] BASIC [ ] BROAD [ l SPECIAL
+- ---------------•--------_---------------+--------------------------+-----------
GENERAL LIABILITY GENERAL AGGREGATE S
[ I COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGG. S
[ It ] CLAIMS MADE [ l OCCURRENCE PERSONAL & AD. INJURY S
[Xl OWNERS & CONTRACTORS PROTECT. EACH OCCURRENCE $100/800
[ ] FIRE DANAGE(ANY ONE FIRE) S
[ ] RETRO DATE FOR CLAIMS MADE: MEDICAL EXP(ANY ONE PER.) S
-------------------------------+-------------------------------•---•-----------------+-------------------------------------
UTOMOSILE [ ] ALL VEHICLES [ I SCHEDULED VEHICLES CSL $
] LIABILITY BI PERS/ACCID S
I NON/OWNED PD $
] HIRED MED. PAY $
[ ] GARAGE PIP S
[ ] UM S
--------------------------------+---------------------------------------------------- -------------------------------------
AUTO PHYSICAL DAMAGE [ ] ALL VEHICLES [ ] SCHEDULED VEHICLES [ I ACV
I ] OTCLDED N DED: I I [ ] OTHER AMOUNT IS
--------------------------------+-----------------------------------------------------+--_-----_--_-------------------------
•EXCESS LIABILITY EACH AGGREGATE
t ) UMBRELLA FORM I I OCCURRENCE I ISELF-INSURED
RETENTION
[ I OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE:
--------------------------------+-----------------------------------------------------+-------------------------------------
STATUTORY
WORKERS' COMPENSATION $ (EACH ACCIDENT)
AND $ (DISEASE POLICY LIMIT)
EMPLOYERS' LIABILITY $ (DISEASE EACH EMPL.)
--•-----------------------------+----------_---------------------_----------------------------------------------------------
SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES
TWEHOUS EXCAVATING COMPANY, ROUTE 3, LIBERTY ROAD, JEFFERSON CITY, NO 1S RESPONSIBLE FOR PREMIUM AND AUDIT
------------------------------------------------------------------------------------------------------------------------------
NAME & ADDRESS
[ l MORTGAGEE [ ] ADDITIONAL INSURED
[ l LOSS PAYEE [ l
LOAN #
.........I.....................................................
AUTH R ED REPRESENTA IVE
_CORD 75-S (11/85) '
------------------------------------------------------------- - •t,/ ------------------...----...
CONDITIONS
THIS COMPANY BINDS THE KINDS) OF INSURANCE STIPULATED ON THE
REVERSE SIDE. THIS INSURANCE IS SUBJECT TO THE TERMS,
CONDITIONS AND LIMITATIONS OF THE POLICY(IES) IN CURRENT USE
BY THE COMPANY.
THIS BINDER MAY BE CANCELLED BY THE INSURED BY SURRENDER OF
THIS BINDER OR BY WRITTEN NOTICE TO THE COMPANY STATING WHEN
CANCELLATION WILL BE EFFECTIVE. THIS BINDER MAY BE CANCELLED
BY THE COMPANY BY NOTICE TO THE INSURED IN ACCORDANCE WITH
THE POLICY CONDITIONS. THIS BINDER IS CANCELLED WHEN
REPLACED BY A POLICY. IF THIS BINDER IS NOT REPLACED BY A
POLICY, THE COMPANY IS ENTITLED TO CHARGE A PREMIUM FOR THE
BINDER ACCORDING TO THE RULES AND RATES IN USE BY THE
COMPANY.
Wausau
Any correspondence in relation to this
bond should he directed to:
Insurance Wausau Insurance Companies
- Bond Department
C®rnpanies 2000 Westwood Drive
►.� , Box 8017
PERFORMANCE BOND Wausau, Wisconsin 54402-8017
KNOW ALL MEN BY THESE PRESENTS: Bond Number 0750-93-048202—C
That Twehous Excavating Company, Inc.
(Here insert full name and address or legal title of Contractor)
Rt. 3, Hwy. 50 East, Jefferson City, MO 65101
as Principal, hereinafter called Contractor,and Employers—In tirance of Wausau A Mutual Company
(Here insert full name and address or legal title of Surety)
2000 14estwood Dr. , Wausau, Wisconsin as Surety, hereinafter called Surety, are held and firmly bound unto
City of Jefferson. 320E McCarty Jefferson City, MO 65101
(Here insert full name and address or legal title of Owncr)
as Obligee, hereinafter called Owner, in the amount of
One Million Thirteen Thousand Twenty—Six Dollars and 26/100 Dollars($1,013,026.26
for the payment whereof Contractor and Surety bind themselves, their heirs,executors,administrators,successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS,Contractor has by written agreement dated June 6 ' 19 89
entered into a contract with Owner for 1989 G ven Hills Road Improvements
(Here insert full name,address and description of project)
in accordance with Drawings and Specifications prepared by
Am (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,TH E CONDITION OF TH IS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this
obligation shall be null and void:otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the
Surety may promptly remedy the default,or shall promptly
I) Complete the Contract in accordance with its terms and conditions,or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible
bidder,or,if the Owner elects,upon determination by the Owner and t lie Surctyjointly of the lowest responsible bidder,arrange for a contract between such bidder
and Owner,and make available as Work progresses(evert though there should be default ora succession ofdefaults under the contract or contracts ofcomplction
arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and
damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this
paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner
to Contractor.
Anysuit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due or before the
expiration of one(1)year from the Date of Substantial Completion of the project,whichever is later.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators
or successors of the Owner.
Signed and scaled this 6th day of June ig 89
Twehous Excavating Company, Inc.
(principal) (Seal)
(Witness)
11N.
(1'itic)
Employers Insurance of Wausau A_Mutual Company
(Surety) (Seal)
xi&4�
(Witness)
fly
(Attorney-in-Fact) LInda Olsen
(P)815-4238 787 1'R I'I)• USA
V �
No. 207-085- 00012
UVROWERS INSURANCE OF WAUSAU A Mutual Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESFNTS:
That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,n corporation duly organized and existing under
the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon,State of
Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint
its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,
seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN
z OBi.IGATIONS IN I'll E NATURE.THEREON NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
o DOLLARS ($5,000,000).
W
cc z and to hind the corporation thereby as fully and to the same extent its if such bonds were signed by the President,sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifving and confirming all that the said
Q
attorney
•in•fac•t may du in the premises.
11]
This powerof attorney is granted pursuant to the following resolution adopted by the hoard of Directors of said Company tit a
IL meeting duly called and held on the 18th day of May, 15173,which resolution is still in effect:
Q "KESOI.VF:1),that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE.OF
E WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying
O the attorney named in the given power of attorney to execute an behalf of EMPLOYERS INSURANCE OF WAUSAU A
Z Mutual Company hands,undertakings and all contracts of suretyship-,and that any secretary or assistant secretary be,
U) and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
W thereto the seal of F:MPC.OYERS INSURANCE OF WAUSAU A Mutual Company:'
0 "FURT H Eli RESOT.VED,that the signatures ofsuc•hufficersand the seal of EMPLOYERS INSURANCE OFWAUSAU
F- A Mutual Company nuty be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and
Z tiny such power of attorney or certificate hearing such facsimile signatures and facsimile seal shall be valid and binding
W upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect
to tiny hunt!, undertaking or c•ontrnet of suretyship to which it is attached"
�R IN WI'T'NESS WilERF.OF,F:MPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be
Zsigned by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1 ST day
U) of, SEPTEMBER ' 1988 .
_ , EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
LL
SEAL ,!
tj Hy R.C. Retterath Senior Vice President
Cc Attest: --
O
QR.J. B steman Assistant Secretary
L- STATE OF WISCONSIN )
O
1r )ss.
W COUNTY OF MARATHON 1
37 On this 1ST_day of SEPTEMBER 19-B-L,before me personally came
a R.C. Reiter,th to me known•who being by me duly sworn,did depose
0 and say that lie is itsentor\tee president tit(lie!:MPLOYF.RSINSURANCEOFWAU SAUA Mutual C'ompany.the corporation described in
_) and ii hich executed the ahoi a instrument:that ho knows the seal of said corporation:that the seal affixed to said instrument is such corporate
,cal and that it iias so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order,
Q IN WI I NESS Wit I•RI:OF, I have hereunto set any hand and affixed my official seal the day and year herein first above written,
I—
O
Z
U) Q ,
U) Patricia A. Klenian Notary Public
H NOTARY PUBLIC
STATE OF WISCONSIN
STATE t MY COMMISSION EXPIRESJUNE 1, 1990
CI'T'Y OF WAUSAU )ss. ;......,•
('OUNTY OF MARA'T'HON ) CERTIFiCATF: "-
I, the undersigned, assistant secretary of EMPLOYERS INSURANCE: OF WAUSAU A Mutual Comptuty, it Wisconsin
corporation, do hereby ccrtiQv that the foregoing and attached pmver of attorney. WHICH MUST CONTAIN A
VALIDATING STATEMENT PRINTED IN TIIE MARGIN THEREOF IN RED INK,reninins in full force and has
not been revoked;and furthernmre that the resolution of the hoard nl'I>irectors sot forth in the powerofattornoy is still in force.
Signed and sealed-in the City of Wausau,Marathon ('aunt}•.State of Wisconsin,this _-..----�G11__...---------.---_._ day
of .._June...
R..1, Besteman
SEAL��+ Assistant Secretary
NOTE: IF YOU HAVE ANN' QUESTIONS REGARDING THE VALIDITY Olt WORDING OF 'rill,", POWER OF
ATTORNEY.CAI.LTOLL FREE(800)826•1661.(IN WISCONSIN,('Al,[,is o)472.0041),
1
A
wiltistlu
111Uranc�� Any correspondence In relation to this
bond should be directed to:
Wausau Insurance Companies
compties Bond Department
2000 Westwood Drive
I11I9 IIONV IN MAID D 91MIII IANI0161 Y WIIII 14 10011MANH Box 8017
BOND IN IAVON Of fill OWN[N(:ONOIIIONI1)ON 1111 Wausau,Wisconsin 54402.8017
11111 ANOIAIIIIIIII I'1NI(INMANCI Of 1111 CONTRACT Bond Number 0750-93-048202—C
LABOR & MATERIAL PAYMENT BOND
KNOW AI.I. MI N IIY I11l:SI 1114 1 SI'NIS:
Ihnl._ 1'wsau�uu._LxcuvuLitiU.LVult?.£tuY.. _Int
Illr,r 11-11 lull(.1111,."d.0,11—m Ieg,,l title,a 1 unto„hnl
)It. 3, Ilwy. 50 I;at1it Jvffcrl4on City, MO 65101
av Principal, hereinafter culled Principal,and —lanplayrxs Insurance of Wausau A Mutual Company
I lime imrra lull name amt addre„or legal title lit StocINI
2000 Wet4twood Dr. , Wauttau, Wisconsin its Surety hherei a i�f alled Surety,are held and firmly bound unto
C. ty-O Je erson, 320 t.. McCarty, Je erson City, 'ik0 g
I ileir m,ril hill name and,nIdir,,ur legal title or tinned
et 011111 cc, hereinalter called Owner, for the use and benefit of claimant.' as hcreinbeloty defined in th amount of
fla�{ 1ion tt; �n 'r ousand Twenty-six Dollars and 261100 pollars($ 1,013,626.29 )
I ikrt Inca,1111111 r,plal to at It"unr hall ul the V.,111Ia11 pncri
for the payment whereof Principal and Surety hind themselves, their heirs, executors, administrators, successors and assigns,jointly and
%everully, firmly by these presents,
WII Fit FAS, Principal has by written agreement doted June 6 19 89
catered into It contract with Owner for 1 989 S oven Hills Road Improvements
I litre inert lull name..iddic%%and dewr3pu11n at ptoirclt
in accordance with I)rllwings and Specificutions prepared by
I Ilric inwit full mmie and adder.%ur legal titre of Architect
Aftwhich contract is by reference mule a part hereof, and is hereinafter referred to as the Contract.
NOW,I Il[:RI;LORI',I NI't'ONI)I I ION(1 1 I I I IS 0111.16A l ION(%%lien Thal,it Principal shall promptly make payment to all claimants as hereinafter defined.for all labor and
lnalerldl lived Ile reahollahl)requited III(mr lit the perlotin i(tce of Ilse Contract,then till%obligation shall be%'old;otherwise it shall remain in full force and effect,subject,however,to the
lullowulg conditions.
I. A ditinia ill it delitled all one hav raga dlreel contract with the Princi pill or with a Subcontractor of the Principal for labor.material,or both.used or reasonably required for use in the
prrlolmance(il the Coalract,labor and material being construed la include that part of water,gas,power,light,heat,oil,gasoline.telephone service or rental of equipment directly
applicable to lite Contract.
). 1 he above named I'nncipal and Surer)hcrchy jointly and%e%enaly agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a
period of ninelylW))days utter the dale ton which Ilie Into of%itch claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for
Ihr ate of uich claimant,prowcule the%ail to final ludginem for wch sum or sums as man be justly due claimant,and have execution thereon.The Owner shall not be liable for the
pay melt of any costs or rxprn%rs of any%1101 suit.
J. No suit or action%hall he commenced hereunder by any clamant:
al I Isle%%claimant,other Than line having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above
named,within ninrly two)days after such claimant did or performed the last of the work or labor,orfurnished the last of the materials for which said claim is made,stating with substantial
accuracy the atuounl claimed and the name of tote party to wham the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by
mailing the same by registered mail or certified mail,postage prepaid,in an cn%rlopc addressed to the Principal,Owner or Surcty,at any place where an office i%regularly maintained for
(Ile transaction ill huxinr%s,or%ei%ed in any manner in which legal proces%may he served in the%tale in which the aforesaid project is located,save that such scr%Icc nec.l not be made by a
public ollicer.
hl Alter the expiration nl one l l)year following the date on which Principal ceased Work on said Contract or after the expiration of one(1)year following the date of Substantial
Completion of the project,whichever is later,it heing understood,however,that it any limitation embodied in this bond is prohibited byany law controlling the construction hereof such
lanitatlon shall he deemed lit he amended sit as ttl be equal ill the minimum period of limitation permitted by such law.
01 Other than In a sate court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,orally part thereof.is situated,or in the
Ilaiied States Dislricl Court fur lhr dionct in which the Project,or any part thereof,is situated,and not elsevrhere.
4. 1 he arnuwu at this hand%hall be reduced by and 111 the extent of any payment or payments made in good faith hereunder.inclusive of the payment by Surety of mechanics'liens which
may he filed of record against sand unprovrmenl,whether or not claim for the amount of such lien he presented under and against this bond.
Signed and sealed this 6th day of June , 19 89
_ Qp Twehous Excavating Company, Inc.
y� .A.a' � (Principal) (Sent)
(Witness)
('rite)
Employers Insurance of Wausau A Mutual Company
(Surety) (Seat)
fly _
(Attorney-in-Fact) Linda 03 sett
(It►81S-A2d4 48H I'RTI), LISA
No. 207-085- 0 0 011
EMEMRS INSURANCE OF WALMJ A Mutual Company
POWER OF ATTORNEY
KNOW AI.1.NIFN BY THESE PRESENTS:
That(lit,FMI'LOYERS INSURANCE OF WAUSAU A Mutual Company,it corporation duly organized and existing under
the laws of the Stale of Wisconsin• and having its principal office in the City of Wausau, County of Marathon,State of
Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint
- -- -... --- - ---- -- LINDA_01 SEN
its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,
seal, acknowledge and deliver ANN' Olt ALL BONDS, UNDERTAKINGS, RECOGNI'LANCES OR OTHER WRITTEN
Z
0141.1GATIONS IN TFlE NATURE,THEREO1' NOT TO EXCEED THE PENAL SUM OF FIVE MILLION
o DOLLARS ($5,000,000).
W
Ir
Z and to hind the corporation therehy as fully and to the same extent as if such bonds were signed by the President,sealed with
the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said
Qattornc;v•in•fnct may do in the premises.
W
This power of attorney is granted pursuant to the following resolution adopted by the Board of Di of said Company at a
(L meeting duly called and held on the IRth day of May. 1973,which resolution is still in effect:
(L "RESOI.VFI),that the President and any Vice President—elective or appointive—of EMPLOYFRS INSURANCE OF
< WAUSAU A Mutual Company be,and that each of them hereby is.authorized to execute powers of attorney qualifying
p the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A
Z Mutual Company hands,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be,
U) and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach
WO thereto the spill of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:'
0 "FURTIIER RESOLVED,thatl hesignaturesofsuchoffic•ersandthesealofEMPLOYFRSINSURANCEOFWAUSAU
A Mutual Company tnay he affixed to tiny such power of attorney or to any certificate relating thereto by facsimile,and
Z any such power of attorney or certificate hearing such facsimile signatures and facsimile spill shall he valid and binding
W upon the EMPLOYERS INSIIRANC'E 0F WAUSAU A Mutual Company when so affixed and in the future with respect
2 to ;lily bond• undertaking or contract of suretyship to which it is attached:'
e� H IN WITNESS WHEN[-OF,EMPLOYERS INSURANCE OF WAUSAII A Mutual Company has caused these presents to be
® FQ— signed by the senior vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this I ST day
to
of SEPTEMBER 198
EMPLOYERS INSURANCE OF USAU A Mutual Company
LL
SEAL r
By R.C. Retterath Senior Vice President
Z Attest: --
R.J. 13 steman Assistant Secretary
STATE OF WISCONSIN )
ss.
Cr W COUNTY OF MARATHON )
� On this_.1ST da} lit SEPTEMBER 19-L,before me personally came
t1 R.C. Keneratlt .to me known,who being by me duly sworn,did depose
p and saythatheisasentor0ce president of the 1:*MI)LOYIi RSINS11 RANCT OFWAl1SAll AMutual Company,the corporation described in
J and Nhich executed the above instrument:that he 1.no"s the seal of said corporation;that the seal affixed to said instrument is such corporate
seal and that it ssas su affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
Q IN WI I NFSS WHI RF.OF. I have hereunto set my hand and affixed my official seal the day and year herein first above written.
I—
O
Z
U) Q , _
U) Patricia A. Klenutn `Notary Public
NOTARY PUBLIC
SfATI: OF WISCONSIN
STATE OI N ISI'OhSIN t MY COMMISSION I:XPIRFS JUNE 3. 1990 1.1,
CITY OI 11'AUSAII t ss. %...._....
l'(►UN'I'N'OF A1AItA'I'IiON t ('I':KTIP'1('A'1'E
I, the undersigned, assistant secretary of EMI'I,OYI•:1tS INSURANCE OF WAUSAU A Mutual Company, it Wisconsin
corporation, do hereby vurlif;y flint the foregoing and attached power of attorney, WHICH MUST CONTAIN A
VAIAIIIATING STATEMENT PRINTED IN THE MARGIN THEREOF IN REI)INK,remains in full force and has
nit horn rpvukp41,and Ilrrthprnuirp that the resolution of the Board of I)irpctors sc•t forth in the poweruf 11uurnc;v ix still in force.
Signed 111141 sealed in the City of Wausau,Marathon County,State of Wisconsin,this _ 6th (lily
11f June
R..1. Besteman
` SEAL,r+ Assistant Secretary
NO'I')'": IF Y011 HAVE ANN' QUESTIONS REGARDING THE VALIDITY Oil WORDING OF THIS POWER OF
A't"l'OItNP:N',l'AI.L'!'UI.I,hlth;F.l)t00)K'?ti•Ititi!.t IN W ISCONS�N,CAI,I.(Hl)0147'd•IIOq l).
END
ROLL .
NUMBER
RECORDS
CERTIFICATION
I, the undersigned, an employee of Custom Imaging Service, L.L.C. do
hereby certify that the microfilm images on this reel of microfilm (Reel
No. are complete and accurate reproductions of the
original records of City of Jefferson as
> accumulated during the regular business, and that it is the established policy
and practice of this company to microfilm it's records for permanent file and
to dispose of the original records after microfilm reproductions have been
made and assigned to the company files.
Name
Title Date
OP&
;
Title Date
Reduction Ratio: 32X
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Kodak Quality Monitoring Program
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BUSINESS IMAGING SYSTEMS
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TITLE
TARuET
COUNTY: COLE
OFFICE; CITY OF JEFFERSON
TITLE OF RECORD: ORDINANCES
ARRANGEMENT: NUMERIC
w
ROLL
NUMBER
RECORDS
CERTIFICATION
I, the undersigned, an employee of Custom Imaging Service, L.L.C. do
} hereby certify that the microfilm images on this reel of microfilm (Reel
No.: are complete and accurate reproductions of the
original records of City of Jefferson as
accumulated during the regular business, and that it is the.established policy
and practice of this company to microfilm it's records for permanent file and
to dispose of the original records after microfilm.reproductions have been
made and assigned to the company files.
ame
Title Date
97
Title Date
Reduction Ratio: 32X
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