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HomeMy Public PortalAboutORD11305 BILL NO. 89-106 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. Z13 err AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. , FOR THE 1989 KNIGHT VALLEY-CIMARRON STORMWATER DETENTION PROJECT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Don Schnieders Excavating Company, Inc. , for the 1989 Knight Valley-Cimarron Stormwater Detention Project for a sum not to exceed $67, 144.00. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and app oval. ® Passed ,, l�T/S�� Approved esid' Officer or ATTEST: City Clerk ® CITY 07 J$PPBRSON CONSTRUCTION CONTRRCT THIS CONTRACT, made and entered into this day of _, 199, by and between Don Sahni®der® Excavating Com any, Inc. , here Wafter 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: 111989 Knight Valley-Cimarron Stormwater Detention Project". NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Commotion. 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 forty-five (45) 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. 89-026-0100 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. ineurance. Contractor shall procure and maintain at its • own expense during the life of this contract: (a) Workmen's Compensation Ineurance for all of its employees ® to be engaged in work under this contract. (b) contractor's Publ ig Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than d $1,000,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence. (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 $1, 000, 000 for CjW 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. NOTES Paragraph (f) is construed to tequire 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. gontract wa Reagongibil ty 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. S. Ligmidgted Damages, The Director of Public Works m ay , 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'e Right to Paroceed. 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. Znqemnity, 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. PaMont, 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 September 7, 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. i 12. Nondiscrimination, The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 13. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 1309 Fairgrounds Road, Jefferson City, Missouri 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. ® 14. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 15. IN TESTIMONY MMREOF, the parties have hereunto set their hands and seals this 1gth day of ntPmbPr , 19 Rq CITY OF JEFFERSON, MISSOURI By r ATTEST: YL Deputy CITV CLERK CO xT cT R By. Title ATTES i 1. y ./Q f COMMERCIAL INSURANCE PROTECTION HEART of AMERICA FIRE and CASUALTY COMPANY 215 WEST PERSHING ROAD, P.O. BOX 419333 KANSAS CITY, MO 64141-6333 THIS POLICY CONSISTS OF: - DECLARATIONS -COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS •APPLICABLE FORMS AND ENDORSEMENTS HAI 0001(Ed.6.87) SCHEDULE OF APPLICABLE FORMS AND ENDORSEMENTS Policy Number: CLP 2 60 01 35 Effective Date: September 19, 1989 Form Number(Ed. Date): Form Title: CD 0000 (11/85) Common Policy Declarations GU 266 (11/85) Calculation of Premium GU 276a (11/85) Nuclear Energy Liability Endorsement CL 152 (11/85) Owners & Contractors Protective Liab Cov Part CL 102 (11/85) Owners & Contractors Protective Liab Cov Form CL 405 (5/86) Amendment of Pollution Exclusion IL 9000(12187) GU 266 (11.85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 03 11 85 CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESS AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued.On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. Copyright, Insurance Services Office, Inc„ 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 GU 276a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 1185 AIL NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1) The"nuclear material"(a)is at any"nuclear A. Under any Liability Coverage, to bodily injury' facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefroin; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in the policy is also an insured under a nuclear "spent fuel" or "waste" at any time energy liability policy issued by Nuclear En- possessed, handled, used, processed, ergy Liability Insurance Association, Mutual stored, transported or disposed of by or on Atomic Energy Liability Underwriters, Nu- behalf of an "insured"; or clear Insurance Association of Canada or any of their successors, or would be an in- (3) The "bodily injury" or "property damage" sured under any such policy but for its ter- arises out of the furnishing by an "insured" mination upon exhaustion of its limit of lia- of services, materials, parts or equipment in bility; or connection with the planning,construction, (2) Resulting from the "hazardous properties" maintenance, operation or use of any"nu- clear facility , but if such facility is located which (a) any person or organization is re- within the United States of America, its ter- quired to maintain financial protection pur- ritoriesorpossessionsorCanada,thisexclu- suant to the Atomic Energy Act of 1954, or sion (3) applies only to property damage" to such "nuclear facility" and any property any law amendatory thereof, or (b) the "in- sured" is,or had this policy not been issued thereat. would be, entitled to indemnity from the 2. As used in this endorsement: United States of America, or any agency "Hazardous properties" include radioactive, toxic or thereof, under any agreement entered into explosive properties; by the United States of America, or any agency thereof,with any person or organiza- "Nuclear material"means"source material", "Spe- tion. cial nuclear material" or "by-product material"; "Source material", "special nuclear material", and B. Under any Medical Payments coverage, to ex- "by-product material" have the meanings given penses incurred with respect to "bodily injury" them in the Atomic Energy Act of 1954 or in any law resulting from the "hazardous properties" of amendatory thereof; "nuclear material" and arising out of the opera- "Spent fuel"means any fuel element or fuel compo- tion of a "nuclear facility" by any person or nent,solid or liquid,which has been used or exposed organization. to radiation in a "nuclear reactor"; e C. Under any Liability Coverage, to "bodily injury" "Waste" means any waste material (a) containing or "property damage" resulting from the "haz- "by-product material" other than the tailings or ardous properties" of "nuclear material", if: wastes produced by the extraction or concentration (over) `�".�'• Copyright, Insurance Services Office, Inc., 1983, 1984 of uranium or thorium from any ore processed pri- premises where s..ch equipment or device is marily for its "source material" content, and (b) located consists cf or contains more than 25 resulting from the operation by any person or organi- grams of pl•.►tonium or uranium 233 or any com- zation of any "nuclear facility" included under the bination thereof, ar more than 250 grams of first two paragraphs of the definition of "nuclear uranium 235; facility". (d) Any structure, basin, excavation, premises or "Nuclear facility" means: place prepared or used for the storage or dis. (a) Any "nuclear reactor"; posal of "waste"; (b) Any equipment or device designed or used for and includes the site on wh;-1 h any of the foref oin}; (1) separating the isotopes of uranium or plu- located, all operations conducted on such site anc tonium, (2) processing or utilizing"spent fuel", all premises us(-.,d for such operations; or (3) handling, processing or packaging "Nuclear reactor" means any apparatus designed cr "waste"; used to sustain nuclear fission in a self-supporting (c) Any equipment or device used for the process- chain reaction or to contain a critical mass of fis- ing, fabricating or alloying of "special nuclear sionable material; material" if at any time the total amount of such "Property damage" includes all forms of radioactive material in the custody of the "insured" at the contamination of property. Aft OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART DECLARATIONS Policy No. CLP 2 60 01 35 Effective Date: September 19, 1989,** 12:01 A.M., Standard Time DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address Don Scheiders Excavating Co. , Inc. Don and Ruth Ann Schneiders 1309 Fairground Road Jefferson City, MO 65101 LOCATION OF COVERED OPERATIONS 1989 Knight Valley — Cimarron Storm Water Detention Project LIMITS OF INSURANCE Aggregate Limit $1000,000 Each Occurrence Limit $ 100,000 BUSINESS DESCRIPTION Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership ® Organization (Other than Partnership or Joint Venture) Business Description*: PREMIUM Rate per Classification Code No. Premium Basis $1000 of Cost Advance Premium c)cost $ Construction Operations 16292 c)67144 2.204 148 owner (not railroads) excluding operations onboard ships Total Advance Premium $ 148 FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: See IL 9000 (12/87) *Information omitted if shown elsewhere in the policy. **Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CL 152 (Ed. 11.85) Includes copyrighted material of Insurance Services Office, Inc„ with its permission. Copyright, Insurance Services Office, Inc., 1984 CL 102 CG 00 09 1185 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered, Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II—WHO IS AN INSURED, Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I—COVERAGES or intended from the standpoint of the insured. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to 1. Insuring Agreement. protect persons or property. a. We will paythose sums that the insured becomes b. "Bodily injury" or "property damage" for which legally obligated to pay as damages because of the insured is obligated to pay damages by rea- "bodily, injury" or "property damage" to which son of the assumption of liability in a contract or this insurance applies. No other obligation or agreement. This exclusion does not apply to liabi lity to pay sums or perform acts or services is liability for damages: covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance (1) Assumed in a contract or agreement that is applies only to "bodily injury" and "property an "insured contract"; or damage"which occurs during the policy period. (2) That the insured would have in the absence The "bodily injury" or "property damage" must of the contract or agreement. be caused by an "occurrence" and arise out of: c. "Bodily injury"or"property damage"which oc- (1) Operations performed for you by the curs after the earliest of the following times: "contractor"at the location specified in the (1) When all "work" on the project (other than Declarations; or service, maintenance or repairs) to be per- (2) Your acts or omissions in connection with formed for you by the "contractor" at the the general supervision of such operations. site of the covered operations has been com- We will have the right and duty to defend any pleted; or "suit" seeking those damages. But: (2) When that portion of the "contractor's" (1) The amount we will pay for damages is lim- "work", out of which the injury or damage ited as described in SECTION III—LIMITS arises, has been put to its intended use by OF INSURANCE; any person or organization. This exclusion does not apply to any contractor or sub- (2) We may investigate and settle any claim or contractor working directly or indirectly for It at our discretion; and the "contractor" or as part of the same (3) Our right and duty to defend end when we project. have used up the applicable limit of insur- d. "Bodily injury"or"property damage"arising out ance in the payment of judgments or settle- of your, or your employees' acts or omissions ments. other than general supervision of "work" per- b. Damages because of "bodily injury" include formed for you by the "contractor". damages claimed by any person or organization e. Any obligation of the insured under a workers for care, loss of services or death resulting at any compensation, disability benefits or unemploy- time from the bodily injury". ment compensation law or any similar law. c. "Property damage"that is loss of use of tangible L "Bodily injury" to: property that is not physically injured shall be deemed to occur at the time of the"occurrence" (1) An employee of the insured arising out of that caused it, and in the course of his employment by the 2. Exclusions. insured; (2) The spouse, child, parent, brother, or sister This insurance does not apply to: of that employee as a consequence of (1) a. "Bodily injury" or"property damage" expected above. 0, Copyright Insurance Services Offices, Inc., 1984 This exclusion applies: (2) Any loss, cost, or expense arising out of any (1) Whether the insured may be liable as an governmental direction or request that you employer or in any other capacity; and test for, monitor, clean up, remove, contain, (2) To any obligation to share damages with or treat, detoxify or neutralize the pollutants, repay someone else who must pay damages Pollutants means any solid, liquid, gaseous or because of the injury. thermal irritant or contaminant, including smoke,vapor, soot,fumes,acids,alkalis, chem- This exclusion does not apply to liability as- icals and waste. Waste includes materials to be sumed by the insured under an "insured con- recycled, reconditioned or reclaimed. tract . g. "Property damage" to: k. "Property damage" to "Impaired property" or property that has not been physically injured, (1) Property you own, rent, or occupy; arising out of: (2) Property loaned to you; (1) A defect, deficiency, inadequacy or dan- (3) Personal property in your care, custody or gerous condition in "work" performed for control; or you by the "contractor"; or (4) "Work" performed for you by the "con- (2) A delay or failure by you or anyone acting on tractor". your behalf to perform a contract or agree- h. "Bodily injury"or"property damage"due to war, ment in accordance with its terms, whether or not declared, or any act or condition This exclusion does not apply to the loss of use of incident to war. War includes civil war, insurrec- other property arising out of sudden and acci- tion, rebellion or revolution. This exclusion ap- dental physical injury to "work" performed for plies only to liability assumed under: you by the "contractor". (1) An "insured contract"; or SUPPLEMENTARY PAYMENTS (2) Expenses for first aid. We will pay, with respect to any claim or "suit" we de- fend: I. "Bodily injury"or"property damage"arising out of the use of "mobile equipment" in, or while in 1. All expenses we incur. practice or preparation for,a prearranged racing, 2. Up to$250 for cost of bail bonds required because of speed or demolition contest or in any stunting accidents or traffic law violations arising out of the activity. use of any vehicle to which this insurance applies. j. (1) "Bodily injury" or "property damage" aris- We do not have to furnish these bonds. ing out of the actbal, alleged or threatened 3. The costs of-bonds to release attachments, but only discharge, dispersal, release or escape of for bond amounts within the applicable limit of in- pollutants. surance. We do not have to furnish these bonds. (a) at or from premises you own, rent or 4. All reasonable expenses incurred by the insured at occupy; our request to assist us in the investigation or de- b) at or from any site or location used by or fense of the claim or "suit", including actual loss of for you or others for handling, storage, earnings up to $100 a day because of time off from work. disposal, processing or treatment of waste; 5. All costs taxed against the insured in the "suit". (c) which are at any time transported, han- 6. Pre-judgement interest awarded against the insured dled, stored, treated, disposed of, or on that part of the judgment we pay. If we make an processed as waste by or for you or any offer to pay the applicable limit of insurance, we will person or organization for whom you not pay any pre-judgment interest based on that may be legally responsible; or period of time after the offer. (d) at or from any site or location on which 7. All interest on the full amount of any judgment that you or any contractors or subcontractors accrues after entry of the judgment and before we working directly or indirectly on your have paid, offered to pay, or deposited in court the behalf or performing operations: part of the judgment that is within the applicable limit of insurance. (i) if the pollutants are brought on or to the site or location in connection 8. Expenses incurred by the insured for first aid to with such operations; or others at the time of an accident, for "bodily injury" to which this insurance applies. (ii) if the operations are to test for, monitor,cleanup, remove,contain, These payments will not reduce the limits of insurance.treat, detoxify or neutralize the pol- SECTION II—WHO IS AN INSURED lutants. 1. If you are designated in the Declarations as: 2 a. An individual,you and your spouse are insureds. period for purposes of determining the Limits of Insur- b. A partnership or joint venture, you are an in- ance. sured. Your members, your partners, and their SECTION IV—CONDITIONS spouses are also insureds, but only with respect to their duties as partners or members of a joint 1• Bankruptcy. venture. Bankruptcy or insolvency of the insured will not re- v. An organization other than a partnership or joint lieve us of our obligation under this Coverage Part. venture, you are an insured. Your executive of- 2. Cancellation. ficers and directors are insureds, but only with respect to their duties as your officers or direc- a. The first Named Insured shown in the Declara- tory. Your stockholders are also insureds, but tions may cancel this policy by mailing or deliv- only with respect to their liability as stock- ering to us advance written notice of cancella- holders. ticn. 2. Each of the following is also an insured: b. We may cancel this policy by mailing or deliver- a. Any person (other than your employee) or any ing to the first Named Insured and the "con- organization while acting as your real estate tractor written notice of cancellation at least: manager. (1) 10 days before the effective date of can- cellation if we cancel for non-payment of b. Any person ororganization having propertempo- premium; or rary custody of your property if you die, but only: (1) With respect to liability arising out of the (2) 30 days before the effective date of can- maintenance or use of that property; and cellation if we cancel for any other reason. (2) Until your legal representative has been ap- c. We will mail or deliver our notices to the first pointed. Named Insured's and the "contractor's" last c. Your legal representative if you die, but only with mailing address known to us. respect to duties as such. That representative d. Notice of cancellation will state the effective will have all rights and duties under this Cover- date of cancellation. The policy period will end age Part. on that date. No person or organization is an insured with respect e. If this policy is cancelled, we will send the to the conduct of any current or past partnership or "contractor" any premium refund due. If we joint venture that is not shown as a Named Insured in cancel, the refund will be pro rata. If the first the Declarations. Named Insured or the "contractor"cancels, the SECTION III—LIMITS OF INSURANCE refund may be less than pro rata. The cancella- tion will be effective even if we have not made or 1. The Limits of Insurance shown in the Declarations offered a refund. and the rules below fix the most we will pay re- f. If notice is mailed, proof of mailing will be suffi- gardless of the number of: cient proof of notice. a. Insureds; 3. Changes. b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring- This policy contains all the agreements between you, ing "suits". the "contractor" and us concerning the insurance afforded.The first Named Insured shown in the Dec- 2. The Aggregate Limit is the most we will pay for the larations and the "contractor" are authorized to sum of damages because of all "bodily injury" and make changes in the terms of this policy with our "property damage". consent. This policy's terms can be amended or 3. Subject to 2. above, the Each Occurrence Limit is waived only by endorsement issued by us and made a the most we will pay for the sum of damages because part of this policy. of"bodily injury"and "property damage"arising out 4, Duties In The Event Of Occurrence,Claim Or Suit. of any one "occurrence". a. You must see to it that we are notified promptly If you designate more than one project in the Declara- of an "occurrence"which may result in a claim. tions, the Aggregate Limit shall apply separately to each Notice should include: project. (1) How, when and where the "occurrence" The limits of this Coverage Part apply separately to each took place; and consecutive annual period and to any remaining period of • less than 12 months, starting with the beginning of the (2) The names and addresses of any injured policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an additional b. If a claim is made or "suit" is brought against period of less than 12 months. In that case, the addi- any insured, you must see to it that we receive tional period will be deemed part of the last preceding prompt written notice of the claim or "suit". 3 c. You and any other involved insured must: applicable limit of insurance. An agreed settlement (1) Immediately send us copies of any de- means a settlement and release of liability signed by mands, notices, summonses or legal papers us, the insured and the claimant or the claimant's received in connection with the claim or legal representative. "suit"; 8. Other Insurance. (2) Authorize us to obtain records and other The insurance afforded by this Coverage Part is pri- information; mary insurance and we will not seek contribution (3) Cooperate with us in the investigation, set- from any other insurance available to you unless the tlement, or defense of the claim or "suit"; other insurance is provided by a "contractor" other and than the designated"contractor"for the same opera- (4) Assist us, upon our request, in the enforce- tion and job location designated in the Declarations. ment of any right against any person or orga- Then we will share with that other insurance by the nization which may be liable to the insured method described below. because of injury or damage to which this If all of the other insurance permits contribution by insurance may also apply. equal shares, we will follow this method also. Under this approach, each insurer contributes equal d. No insureds will,except attheirown cost,volun- amounts until it has paid its applicable limit of insur- tarily make a payment, assume any obligation, ance or none of the foss remains, whichever comes or incur any expense without our consent. first. S. Examination Of Your Books And Records. If any of the other insurance does not permit contri- We may examine and audit your books and records as bution by equal shares, we will contribute by limits. well as the "contractor's" books and records as they Under this method, each insurer's share is based on relate to this policy at any time during the policy the ratio of its applicable limit of insurance to the period and up to three years afterward. total applicable limits of insurance of all insurers. 6. inspections And Surveys. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; a. Is responsible for the payment of all premiums; b. Give you reports on the conditions we find; and and c. Recommend changes. b. Will be the payee for any return premiums we Any inspections, surveys, reports or recommend- pay ations relate onlyto insurabilityand the premiums to 10. Premium Audit. be charged. We do not make safety inspections. We a. We will compute all premiums for this Coverage do not undertake to perform the duty of any person or Part in accordance with our rules and rates. organization to provide for the health or safety of b. Premium shown in this Coverage Part as ad- workers or the public. And we do not warrant that vance premium isa deposit premium only.Atthe conditions: close of each audit period we will compute the a. Are safe or healthful; or earned premium for that period. Audit pre- b. Comply with laws, regulations, codes or stan- miums are due and payable on notice to the dards. "contractor". If the sum of the advance and This condition applies not only to us, but also to any audit premiums paid for the policy term is rating, advisory, rate service or similar organization greater than the earned premium, we will return the excess to the "contractor". which makes insurance inspections, surveys, re- ports or recommendations. e. The"contractor" must keep records of the infor- mation we need for premium computation, and 7. Legal Action Against Us. send us copies at such times as we may request. No person or organization has a right under this 11. Separation Of Insureds. Coverage Part: a. To join us as a party or otherwise bring us into a Except with respect to the Limits of Insurance, and "suit" asking for damages from an insured; or any rights or duties specifically assigned in this Cov- b. To sue us on this Coverage Part unless all of its erage Part to the first Named Insured,this insurance applies: terms have been fully complied with. a. As if each Named Insured were the only Named A person or organization may sue us to recover on an Insured; and agreed settlement or on a Tinal judgment against an b, Separately to each insured against whom claim insured obtained after an actual trial; but we will not be liable for damages that are not payable under the is made or "suit" is brought. terms of this Coverage Part or that are in excess of the 12. Transfer Of Rights Of Recovery Against Others To Us. 4 r If the insured has rights to recover all or part of any tained primarily to provide mobility to perma- payment we have made under this Coverage Part nently mounted: those rights are transferred to us. The insured must (1) Power cranes, shovels, loaders, diggers or do nothing after loss to impair them. At our request, drills; or the insured will bring "suit" or transfer those rights to us and help us to enforce them. (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; SECTION V—DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semi- e. Vehicles not described in a., b., c. or d. above trailer designed for travel on public roads, including that are not self-propelled and are maintained any attached machinery or equipment. But "auto" primarily to provide mobility to permanently at- does not include "mobile equipment". tached equipment of the following types: (1) Air compressors, pumps and generators, in- 2. "Bodily injury" means bodily injury, sickness or dis- eluding spraying, welding, building clean- ease sustained by a person, including death result- ing, geophysical exploration, lighting and ing from any of these at any time. well servicing equipment; or 3. "Contractor"means the contractor designated in the (2) Cherry pickers and similar devices used to Declarations. raise or lower workers; 4. "Impaired property" means tangible property, other f. Vehicles not described in a., b., c. or d. above than work performed for you, that cannot be used or maintained primarily for purposes other than the is less useful because: transportation of persons or cargo. a. It incorporates work performed for you that is However,self-propelled vehicles with the follow- known or thought to be defective, deficient, in- ing types of permanently attached equipment adequate or dangerous; or are not "mobile equipment" but will be consid- b. You have failed to fulfill the terms of a contractor ered "autos": agreement; (1) Equipment designed primarily for: if such property can be restored to use by: (a) Snow removal; a. The repair, replacement, adjustment or removal (b) Road maintenance, but not construc- of the work performed for you; or tion or resurfacing; b. Your fulfilling the terms of the contract or agree- (c) Street cleaning; ment. 5. "Insured contract" means: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to a. A lease of premises; raise or lower workers; and b. A sidetrack agreement; (3) Air compressors, pumps and generators, in- c. An easement or license agreement in connection eluding spraying, welding, building clean- with vehicle or pedestrian private railroad cross- ing, geophysical exploration, lighting and ings at grade; well servicing equipment. d. Any other easement agreement, except in con- 7• "Occurrence"means an accident, including contin- nection with construction or demolition opera- uous or repeated exposure to substantially the same tions on or within 50 feet of a railroad; general harmful conditions. e. An indemnification of a municipalityas required 8. "Property damage" means: byordinance,except in connection with work for a. Physical injury to tangible property,includingall a municipality; resulting loss of use of that property; or f. An elevator maintenance agreement. b. Loss of use of tangible property that is not phys- 6. "Mobile equipment" means any of the following ically injured. types of land vehicles, including any attached ma- 9. "Suit" means a civil proceeding, brought in the chinery or equipment: United States of America (including its territories a. Bulldozers, farm machinery, forklifts and other and possessions), Puerto Rico and Canada, in which vehicles designed for use principally off public damages because of "bodily injury" or "property roads; damage"to which this insurance applies are alleged. b. Vehicles maintained for use solely on or next to "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit premises you own or rent; with our consent. c. Vehicles that travel on crawler treads; 10. "Work" includes materials, parts or equipment fur- d. Vehicles, whether self-propelled or not, main- nished in connection with the operations. 5 CL 102 CG 00 09 1185 (11.85) OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I—COVERAGES or intended from the standpoint of the insured. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to "bodily injury" 1. insuring Agreement. resulting from the use of reasonable force to B g . protect persons or property. a. We will pay those sums that the insured becomes b. "Bodily injury"or "property damage"for which legally obligated to pay as damages because of the insured is obligated to pay damages by rea- "bodily injury" or "property damage" to which son of the assumption of liability in a contract or this insurance applies. No other obligation or agreement. This exclusion does not apply to liabilityto paysumsor perform acts or services is liability for damages: covered unless explicitly provided for under (1) Assumed in a contract or agreement that is SUPPLEMENTARY PAYMENTS. This insurance applies only to "bodily injury" and "property an "insured contract"; or damage"which occurs during the policy period. (2) That the insured would have in the absence The "bodily injury" or "property damage" must of the contract or agreement. be caused by an "occurrence" and arise out of: c. "Bodily injury"or "property damage"which oc- (1) Operations performed for you by the curs after the earliest of the following times: "contractor"at the location specified in the (1) When all "work" on the project (other than Declarations; or service, maintenance or repairs) to be per- (2) Your acts or omissions in connection with formed for you by the "contractor" at the the general supervision of such operations. site of the covered operations has been com- We will have the right and duty to defend any pleted; or "suit" seeking those damages. But: (2) When that portion of the "contractor's" (1) The amount we will pay for damages is lim- "work", out of which the injury or damage ited as described in SECTION III—LIMITS arises, has been put to its intended use by OF INSURANCE; any person or organization. This exclusion (2) We may investigate and settle any claim or does not apply to any contractor or sub- contractor working directly or indirectly for "suit" at our discretion; and the "contractor" or as part of the same (3) Our right and duty to defend end when we project. have used up the applicable limit of insur- d. "Bodily injury"or"property damage"arisingout ante in the payment of judgments or settle- of your, or your employees' acts or omissions ments, other than general supervision of "work" per- b. Damages because of "bodily injury" include formed for you by the "contractor". damages claimed by any person or organization e. Any obligation of the insured under a workers for care,loss of services or death resulting at any compensation, disability enefits or unem to time from the "bodily injury". p y p y ment compensation law or any similar law. c. "Property damage"that is loss of use of tangible f. "Bodily injury" to: property that is not physically injured shall be deemed to occur at the time of the"occurrence" (1) An employee of the insured arising out of that caused it. and in the course of his employment by the insured; 2. Exclusions. This insurance does not apply to: (2) The spouse, child, parent, brother, or sister of that employee as a consequence of (1) a. "Bodily injury" or"property damage" expected above. DAMIEN Q1 Copyright Insurance Services Offices, Inc., 1984 This exclusion applies: (2) Any loss, cost, or expense arising out of any (1) Whether the insured may be liable as an governmental direction or request that you employer or in any other capacity; and test for, monitor, clean up, remove, contain, 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 because of the injury, smoke,vapor,soot,fumes, acids,alkalis, chem- This exclusion does not apply to liability as- icals and waste. Waste includes materials to be sumed by the insured under an "insured con- recycled, reconditioned or reclaimed. tract". y k. "Property damage" to "impaired property" or g. "Property damage" to: property that has not been physically injured, (1) Property you own, rent, or occupy; arising out of: (2) Property loaned to you; (1) A defect, deficiency, inadequacy or dan- (3) Personal property in your care, custody or gerous condition in "work" performed for control; or you by the "contractor"; or (4) "Work" performed for you by the "con- (2) A delay or failure by you or anyone acting on tractor".. your behalf to perform a contract or agree- ment in accordance with its terms. h. "Bodily injury"or"property damage"due to war, whether or not declared, or any act or condition This exclusion does not applyto the loss of use of incident to war.War includes civil war, insurrec- other property arising out of sudden and acci- tion, rebellion or revolution. This exclusion ap- dental physical injury to "work" performed for plies only to liability assumed under: you by the "contractor". (1) An "insured contract"; or SUPPLEMENTARY PAYMENTS (2) Expenses for first aid. We will pay, with respect to any claim or "suit" we de- fend: L "Bodily injury"or"property damage"arisingout 1. All expenses we incur. of the use of"mobile equipment"in, or while in practice or preparation for,a prearranged racing, 2. Up to$250 for cost of bail bonds required because of speed or demolition contest or in any stunting accidents or traffic law violations arising out of the activity. use of any vehicle to which this insurance applies. j. (1) "Bodily injury" or "property damage" aris- We do not have to furnish these bonds. ing out of the actual, alleged or threatened 3. The costs of-bonds to release attachments, but only discharge, dispersal, release or escape of for bond amounts within the applicable limit of in- pollutants: surance. We do not have to furnish these bonds. (a) at or from premises you own, rent or 4. All reasonable expenses incurred by the insured at occupy; our request to assist us in the investigation or de- b) at or from any site or location used by or fense of the claim or "suit", including actual loss of for you or others for handling, storage, earnings up to $100 a day because of time off from disposal, processing or treatment of work. waste; 5. All costs taxed against the insured in the "suit". (c) which are at any time transported, han- 6. Pre-judgement interest awarded against the insured dled, stored, treated, disposed of, or on that part of the judgment we pay. If we make an processed as waste by or for you or any offer to pay the applicable limit of insurance,we will person or organization for whom you riot pay any pre-judgment interest based on that may be legally responsible; or period of time after the offer. (d) at or from any site or location on which 7. All interest on the full amount of any judgment that you or any contractors or subcontractors accrues after entry of the judgment and before we working directly or indirectly on your have paid, offered to pay, or deposited in court the behalf or performing operations: part of the judgment that is within the applicable limit of insurance. (i) if the pollutants are,brought on or to 8. Expenses incurred by the insured for first aid to the site or location in connection others at the time of an accident, for"bodily injury" with such operations; or to which this insurance applies. (ii) if the operations are to test for, These payments will not reduce the limits of insurance. monitor,clean up, remove,contain, treat, detoxify or neutralize the pol- SECTION II--WHO IS AN INSURED lutants. 1. If you are designated in the Declarations as: 2 a. An individual, you and your spouse are insureds. period for purposes of determining the Limits of Insur- b. A partnership or joint venture, you are an in- ante. sured. Your members, your partners, and their SECTION IV—CONDITIONS spouses are also insureds, but only with respect to their duties as partners or members of a joint 1. Bankruptcy. venture. Bankruptcy or insolvency of the insured will not re- v. An organization other than a partnership or joint lieve us of our obligation under this Coverage Part. venture, you are an insured. Your executive of- 2. Cancellation. ficers and directors are insureds, but only with respect to their duties as your officers or direc- a. The first Named Insured shown in the Declara- tors. Your stockholders are also insureds, but tions may cancel this policy by mailing or deliv- only with respect to their liability as stock- eying to us advance written notice of cancella- holders. ticn. 2. Each of the following is also an insured: b. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the "con- organization while acting as your real estate s. Any person (other than your employee) or any tractor" written notice of cancellation at least: manager. (1) 10 days before the effective date of can- b. Any person or organization having proper tempo- cellation if we cancel for non-payment of rary custody of your property if you die, but only: premium; or (1) With respect to liability arising out of the (2) 30 days before the effective date of can- maintenance or use of that property; and cellation if we cancel for any other reason. (2) Until your legal representative has been ap- c. We will mail or deliver our notices to the first pointed. Named Insured's and the "contractor's" last c. Your legal representative if you die, but only with mailing address known to us. respect to duties as such. That representative d. Notice of cancellation will state the effective will have all rights and duties under this Cover- date of cancellation. The policy period will end age Part. on that date. No person or organization is an insured with respect e. If this policy is cancelled, we will send the to the conduct of any current or past partnership or "contractor" any premium refund due. If we joint venture that is not shown as a Named Insured in cancel, the refund will be pro rata. If the first the Declarations. Named Insured or the"contractor"cancels, the SECTION III—LIMITS OF INSURANCE refund may be less than pro rata. The cancella- tion will be effective even if we have not made or 1. The Limits of Insurance shown in the Declarations offered a refund. and the rules below fix the most we will pay re- gardless of the number of: f. If notice is mailed, proof of mailing will be suffi- cient proof of notice. a. Insureds; 3. Changes. b. Claims made or "suits" brought; or C. Persons or organizations making claims or bring- This policy contains all the agreements between you, ing "suits", the "contractor" and us concerning the insurance afforded.The first Named Insured shown in the Dec- 2. The Aggregate Limit is the most we will pay for the larations and the "contractor" are authorized to sum of damages because of all "bodily injury" and make changes in the terms of this policy with our "property damage". consent. This policy's terms can be amended or 3. Subject to 2. above, the Each Occurrence Limit is waived only byendorsement issued by usand made a the most we will pay for the sum of damages because part of this policy. of"bodily injury"and"property damage"arising out 4. Duties In The Event Of Occurrence, Claim Or Suit. of any one "occurrence". a. You must see to it that we are notified promptly .if you designate more than one project in the Declara- of an "occurrence"which may result in a claim. tions, the Aggregate Limit shall apply separately to each Notice should include: project. (1) How, when and where the "occurrence" The limits of this Coverage Part apply separately to each took place; and consecutive annual period and to any remaining period of (2) The names and addresses of any injured less than 12 months, starting with the beginning of the persons and witnesses. policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an additional b. If a claim is made or "suit" is brought against period of less than 12 months. In that case, the addi- any insured, you must see to it that we receive tional period will be deemed part of the last preceding prompt written notice of the claim or "suit". 3 c. You and any other involved insured must: applicable limit of insurance. An agreed settlement (1) Immediately send us copies of any de- means a settlement and release of liability signed by mands, notices,summonses or legal papers us, the insured and the claimant or the claimant's received in connection with the claim or legal representative. "suit"; 8. Other Insurance. (2) Authorize us to obtain records and other The insurance afforded by this Coverage Part is pri- information; mary insurance and we will not seek contribution (3) Cooperate with us in the investigation, set- from any other insurance available to you unless the tlement, or defense of the claim or "suit"; other insurance is provided by a "contractor" other and than the designated"contractor"for the same opera- (4) Assist us, upon our request, in the enforce- tion and job location designated in the Declarations. ment of an y right ri a Then we will share with that other insurance by the against any person or orga- nization which may be liable to the insured method described below. because of injury or damage to which this If all of the other insurance permits contribution by insurance may also apply. equal shares, we will follow this method also. Under d. No insureds will,except at their own cost,volun- this approach, each insurer contributes equal tarily make a payment, assume any obligation, amounts until it has paid its applicable limit of insur- ance or none of the loss remains, whichever comes or incur any expense without our consent, first. 5. Examination Of Your Books And Records. If any of the other insurance does not permit contri- We may examine and audit your books and records as bution by equal shares, we will contribute by limits. well as the"contractor's" books and records as they Under this method, each insurer's share is based on relate to this policy at any time during the policy the ratio of its applicable limit of insurance to the period and up to three years afterward. total applicable limits of insurance of all insurers. 6. Inspecti-ons And Surveys. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; a. Is responsible for the payment of all premiums; b. Give you reports on the conditions we find; and and c. Recommend changes. b. Will be the payee for any return premiums we Any inspections, surveys, reports or recommend- pay. ations relate only to insurability and the premiums to 10. Premium Audit. be charged. We do not make safety inspections. We a. We will compute all premiums for this Coverage do not undertake to perform the duty of any person or Part in accordance with our rules and rates, organization to provide for the health or safety of b. Premium shown in this Coverage Part as ad- workers or the public. And we do not warrant that vance premium is a deposit premium only.Atthe conditions: close of each audit period we will compute the a. Are safe or healthful; or earned premium for that period. Audit pre- b. Comply with laws, regulations, codes or stan- miums are due and payable on notice to the dards. "contractor". If the sum of the advance and This condition applies not only to us, but also to any audit premiums paid for the policy term is rating, advisory, rate service or similar organization greater than the earned premium,we will return which makes insurance inspections, surveys, re- the excess to the "contractor". ports or recommendations. c. The"contractor"must keep records of the infor- 7. Legal Action Against Us. mation we need for premium computation, and send us copies at such times as we may request. No person or organization has a right under this 11. Separation Of Insureds. Coverage Part: a. To join us as a party or otherwise bring us into a Except with respect to the Limits of Insurance, and "suit" asking for damages from an insured; or any rights or duties specifically assigned in this Cov- rage Part to the first Named Insured,this insurance e b. To sue us on this Coverage Part unless all of its applies: terms have been fully complied with. a. As if each Named Insured were the only Named A person or organization may sue us to recover on an Insured; and agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not b. Separately to each insured against whom claim be liable for damages that are not payable under the is made or "suit" is brought. terms of this Coverage Part or that are in excess of the 12. Transfer Of Rights Of Recovery Against Others To Us. 4 If the insured has rights to recover all or part of any tained primarily to provide mobility to perma- payment we have made under this Coverage Part nently mounted: those rights are transferred to us. The insured must (1) Power cranes, shovels, loaders, diggers or do nothing after loss to impair them. At our request, drills; or the insured will bring "suit" or transfer those rights Aft to us and help us to enforce them. (2) Road construction or resurfacing equipment SECTION V—DEFINITIONS such as graders, scrapers or rollers; 1. "Auto" means a land motor vehicle, trailer or semi- e. Vehicles not described in a., b., c. or d. above trailer designed for travel on public roads, including that are not self-propelled and are maintained any attached machinery or equipment. But "auto" primarily to provide mobility to permanently at- does not include "mobile equipment" tached equipment of the following types: g. "Bodily injury" means bodily injury, sickness or dis- (1) Air compressors, pumps and generators, in- cluding spraying, welding, building clean- ease sustained by a person, including death result- ing, geophysical exploration, lighting and ing from any of these at any time. well servicing equipment; or 3. "Contractor"means the contractor designated in the (2) Cherry pickers and similar devices used to Declarations. raise or lower workers; 4. "Impaired property" means tangible property, other f. Vehicles not described in a., b., c. or d. above than work performed for you, that cannot be used or maintained primarily for purposes otherthan the is less useful because: transportation of persons or cargo. a. It incorporates work performed for you that is However,self-propelled vehicles with the follow- known or thought to be defective, deficient, in- ing types of permanently attached equipment adequate or dangerous; or are not "mobile equipment" but will be consid- b. You have failed to fulfill the terms of a contract or ered "autos": agreement; (1) Equipment designed primarily for: if such property can be restored to use by: (a) Snow removal; a. The repair, replacement, adjustment or removal (b) Road maintenance, but not construc- of the work performed for you; or tion or resurfacing; b. Your fulfilling the terms of the contract or agree- (c) Street cleaning; ment. 5. "Insured contract" means: (2) Cherry pickers and similar devices mounted i on automobile or truck chassis and used to a. A lease of premises; raise or lower workers; and b. A sidetrack agreement; (3) Air compressors, pumps and generators, in- c. An easement or license agreement in connection cluding spraying, welding, building clean- with vehicle or pedestrian private railroad cross- ing, geophysical exploration, lighting and ings at grade; well servicing equipment. d. Any other easement agreement, except in con- 7• "Occurrence" means an accident, including contin- nection with construction or demolition opera- uous or repeated exposure to substantially the same tions on or within 50 feet of a railroad; general harmful conditions. e. An indemnification of a municipalityas required 6• "Property damage" means: by ordinance,except in connection with work for a. Physical injury to tangible property,includingall a municipality; resulting loss of use of that property; or C An elevator maintenance agreement. b. Loss of use of tangible property that is not phys- 6. "Mobile equipment" means any of the following ically injured. types of land vehicles, including any attached ma- 9. "Suit" means a civil proceeding, brought in the chinery or equipment: United States of America (including its territories a. Bulldozers, farm machinery, forklifts and other and possessions), Puerto Rico and Canada, in which vehicles designed for use principally off public damages because of "bodily injury" or "property roads; damage"to which this insurance applies are alleged. b. Vehicles maintained for use solely on or next to "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit premises you own or rent; with our consent. c. Vehicles that travel on crawler treads; 10. "Work" includes materials, parts or equipment fur- d. Vehicles, whether self-propelled or not, main- nished in connection with the operations. 5 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 1): 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 . �. ,\ i, c 1. ii , . is r:•, � r i� ,. a FIDELITY AND GUAR , SURANCE COMPANY Ids o pit: PERFORMANCE BOND BOND NUMBER 70-0120-11108-89-0 ~' KNOW ALL MEN BY THESE PRESENTS,That we, Don Schnieders ecu e ..............................•..•.Ex":•t'ii'iri'T'riplica e Excavating Company, Inc., a Missouri corporation, 1309 Fairgrounds„Rd.,,,Jeffersgr},Ci M0. ... .. (hereinafter called the Principal),and FIDELITY AND GUARANTY INSURANCE COMPANY,a Iowa corporation(hereinafter called the Surety), i are held and firmly bound unto City of,,Jefferson City, ,320 East; Nc.gArt y,,.Jp,ff argon.Gity............... MO. 65101 .............................................................................................................................. ••••......•.••.•....•..•..•..••.•.•.....•..........•...•.....••..•......••.•...•....•......................•......•........••. 'tt: (hereinafter called the Obligee),In the full and just sum of. Sixty—Seven Thousand One Hundred Forty,-F(?ur and 67 144.00 no/100 ...........-..—. ”."..—.-..—.. .. .. .. .`....-.'.....`..—. -..—..—. ".� �. )..—.....— Dollars, lawful)money of the United States,for the payment of which,well and truly to be made,we bind ourselves,our heirs,administrators,executors, successors and assigns,jointly and severally,firmly by these presents. N= WHEREAS,said Principal has entered Into a certain contract with the Obligee ..... 19 1989 ,,,,,,,,,,,,,,, for 1989 Knight Valley-Cimarron Stormwater Detention Project. .............................................................................................................................. .............................................................................................................................. NOW,THEREFORE,The condition of the foregoing obligation is such that if the said Principal shall well and truly indemnity and save harmless the said Obligee from any pecuniary loss revilting from the breach of any of the terms,covenants and conditions of the said contract on the part of the Principal to be performed,then this obligation shall be void;otherwise to remain in full force and effect in law;PROVIDED, however,that this Bond is issued subject to the following conditions and limitations: 1. The Obligee shall, in every case,obtain the written consent of the Surety before making to the Principal the final payment provided for under the contract herein referred to. 2. In the event of any default on the part of the Principal In the performance of any of the terms, covenants or conditions of the said contract,the Obligee shall promptly,and in any event not later than thirty days after knowledge of such default,deliver to the Surety at its office in the City of Baltimore, written notice thereof with a statement of the principal facts showing such default and the date thereof. 3. In case of any default on the part of the Principal the Surety shall have the right,if it so desires,to assume and complete,or procure the completion,of said contract,and in case of such default,the Surety shall be subrogated and entitled to all the rights and properties of the Principal arising out of the said contract and otherwise, including all securities and indemnities theretofore received by the Obligee,and all deferred payments, retained percentages and credits, due to the Principal at the time of such default,or to become due thereafter by the terms and dates of the contract. 4. In no event shall the Sure be liable for greater sum than the Surety g penalty of this Bond,or subject to any suit,action or other proceeding thereon that is Instituted later than ....... 5. In no event shall the Surety be liable for any damage resulting from,or for the construction or repair of any work damaged or destroyed by an act of God, or public enemies,or mobs,or riots, or civil commotion or by employes leaving the work being done under said contract,on account of so-called"strikes"or labor difficulties. 6. The Surety shall not be obiligated to furnish any bond or obligation other than the one executed. Signed,sealed and delivered ,September 19, 1989 DON Witness as to SCHNIEDE.RS EXCAVATING COMPANY, INC. OW .j ..• •.•... ...••...........• • •.• .�....• ••.•..(SOW) Principal BY.:. �. (Seal) j: ............................................ ..... .... FI ELITY AND G ARANTY INSURANCE CbMPANY (Seal) • �A e Hammerschmidt, Attorney-lri-fact convect SW(4.89) i' iti is{°\, .r'! f;ikkv CERTIFIED COPY FGICGENERAL POWER OF ATTORNEY NO. FGIC 133 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa, and having its principal office at 100 Light Street, Baltimore, Maryland 21202, does hereby constitute and appoint Alice Hammerschmidt of the City of St . Louis , State of Missouri its true and lawful Attorney-in-Fact, with power and authority to sign its name as surety to,and to execute,seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE COMPANY hereby ratifies and confirms all of the acts of said Attorney-in- fact, pursuant to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUAiRAi�ITi NSURANCE COMPANY, a certified copy of which is hereto annexed and made a part of this Power of AttorrlPy. IN WITNESS WHEREOF,the said FIDELITY AND GUARANTY IN����,,�����CE COMPANY has paused this instrument to be sealed with its corporate seal, duly attested by the signature of its Nicel'�esident and Assistant Secretary, this 26th day of February , 19 88 . FIDELITY AND GUARANTY INSURANCE COMPANY (Signed) By.' W. J . D . Somerville, Jr. ......................... ... .. .......... A 8 s is Vice-President, (SEAL) (Signed) ..Michael P . Hmmond ......................a..................... Assistant Secretary. STATE OF MARYLAND BALTIMORE CITY ss: On this 26th day of February ,19 88, before me personally came W. J. D. Somerville, Jr. Ass t ., Vice President of FIDELITY AND GUARANTY INSURANCE COMPANY and Michael P . Hammond , Assistant Secretary of said Corporation, with both of whom 1 am personally acquainted, who being by me severally sworn, said that they, the said W. J. D. Somerville , Jr . , and Michael P . Hammond sst . were respectively the ice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was�e affixed by authority of the by-laws of said corporation; and that they signed their names hereto like authority as Ace resident and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 1990 (SEAL) (Signed) Margaret M. Hurs.t ........................... ........... NOTARY PUBLIC FS 83(11.87) Copy Of By-Law "Article V1, Section 7 - Execution of Instruments. The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President, in conjunction with the Secretary or an Assistant Secretary, shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I Michael P. Hammond , Assistant Secretary of FIDELITY AND GUARANTY INSURANCE COMPANY, hereby certifyy that the foregoing is a full, true and correct copy of the original power of attorney given by said company to Alice Hamme r s chmid t of St . Louis . Missouri , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the foregoing is a true and correct copy of said by-law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSUR- ANCE COMPANY this 19th day of September , 1989 .......... j ,.. Ayrluanr Sn nip y. I I i I THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 70-0120-11108-89-0 Executed in Triplicate AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Don Schnieders Excavating Company, Inc. Fidelity and Guaranty Insurance Company 1309'Fairgrounds Rd. 100 Light Street Jefferson City, MO. 65101 Baltimore, MD. 21202 OWNER (Name and Address): City of Jefferson City, Missouri 320 East McCarty Jefferson City, MO. 65101 CONSTRUCTION CONTRACT Date: September 19, 1989 Amount: $67,144.00 Description (Name and Location): 1989 Knight Valley-Cimarron Stormwater Detention Project. BOND Date (Not earlier than Construction Contract Date): September 19, 1989 Amount: $67,144.00 Modifications to this Bond: U None O See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DON SCHNIEDERS EXCAVATING COMPANY, INC. FIDELITY AND GUARANTY INSURANCE COMPANY, Signature:BY Signature:BY' , Name and Title: Name and Title:A ice Hammerschmidt Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect;'Erlginee(dr ISU/Corporate Insurance Management other party): 3107 Green Meadows Way Columbia, MO. 65203 r, AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED.•AIA• i THE AMERICAN INSTITUTE OF ARCHITECTS,Ins NEW YORK AVE„N.W.,WASHINGTON,D.C.20004 A31,2#11 4 4_ THIRD PRINTING•MARCH 1967 Contract 373 112.07) 'a y ti. m`7 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to mance of the Construction Contract, which is Incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the Performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent.a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance, be deemed incorporated herein. The intent is that this AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED -AIA* THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20006 A312-1984 5 THIRD PRINTING-MARCH 1987 . Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the p Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of thI5 Bond or shall permit a copy as as or to be made. equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tion in the terms"labor,materials or equipment"that tractor as required the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or comply with the other terms telephone service or rental equipment used in the thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMEW A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1964 6 THIRD PRINTING MARCH 19117 p b ® CERTIFIED COPY FGICGENERAL POWER OF ATTORNEY NO. FGIC 13 3 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa, and having its principal office at 100 Light Street, Baltimore, Maryland 21202,does hereby constitute and appoint Alice Hammerschmidt of the City of St . Louis , State of Missouri its true and lawful Attorney-in-Fact,with power and authority to sign its name as surety to,and to execute,seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE COMPANY hereby ratifies and confirms all of thez.acts pf said Attorney-in- fact, pursuant to these premises. y �f This appointment is made under and by authority of a by-law of the said FIDELITY AND G14ARAN_TY INSURANCE COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney, IN WITNESS WHEREOF,the said FIDELITY AND GUARANTY IN��, CE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signature of itsNice- resident and Assistant Secretary, this 26th day of February , 19 88 . ® FIDELITY AND GUARANTY INSURANCE COMPANY (Signed) By.. W. J. D . Somerville , Jr. ... ................ Vice-President. (SEAL) (Signed) Michael P . Hmmond ..........................a......................... Assistant SecrerarY STATE OF MARYLAND BALTIMORE CITY ss: On this 26th day of February ,19 88, before me personally came W. J. D. Somerville , Jr. Asst ., Vice President of FIDELITY AND GUARANTY INSURANCE COMPANY and Michael P. Hammond , Assistant Secretary of said Corporation, with both of whom 1 am personally acquainted, who being by me severally sworn, said that they, the said W. J. D. Somerville, Jr. , and Michael P . Hammond were respectively the D % ice Aident and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it wso affixed by authority of the by-laws of said corporation; and that they signed their names hereto like authority as Ice resident and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 1990 (SEAL) (Signed) Marg.aret. M. Hurst. . . ...... ... ...... . ............... . . . . NOTARY PUBLIC FS 83(11.87) Copy of By-La Article VI, Section 7 - Execution of Instruments. 4` The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President,in conjunction with the Secretary or an Assistant Secretary, shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements, (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I Michael P. Hammond , Assistant Secretary of FIDELITY AND GUARANTY INSURANCE COMPANY,hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said company to Alice Hammers chm i d t of St . Louis , Missouri , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the foregoing is a true and correct copy of said by-law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSUR- ANCE COMPANY this 19th day of September , 1989 ......... .,. ............... -�. r istant Swetary. qh � A(."0 R 1) RIT I 1 LATE ('J F' I r,IS'U 1-i('111 1-. (A R 1) 2 13 88 i'+ws cr-:R*nr-:-.(cA*1"E IS ISSUI.-HA) A A ON1...Y AND CONFERS' INK) RT(341* ) UF"'0N "I'HE (*.IF RT FT CA TE 1-1-11 G C.-R1"(1=°.I: NOT AMEND, E:X-I-END 40 ALTEI--i THE COVERAGIE AFF0RD1'-.D BY THE r3c:.LOW. NOME AND ADDR471311:3 OF AFiE---'N(:'Y.- C0VEf-%'A-(.-)E" FRED VOGEL INSURANCE, INC. 301 MONROE STREET (.",0MF"A1'•JY A: Heart of America Fire/Cas P. O. BOX 810 JEFFERSON CITY, MO 65101 C,(7)M F'-*,A N Y 1-' C('.'1MF-'r4l\IY C NAME AND ADDRESS 01- INSURED; City of Jefferson COMP()NY D: Dept. of Public Works 320 E. McCarty St. COMPANY E: Jefferson City, MO 65101 ===== COVERAGES THIS 19 TO CERTIFY THAT POLICIES OF '(11SURf'.)NCE 1-ISTED BELOW HAVE BEEN I'S)SUED TO THE I14SURED NAMED ABOVE FOR THE PE-RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION ANY CONTRACT OR OTHER DOCUMENT WITIA RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE 1=,0LICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POI.-ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS OF LIABILITY COMP TYPE POLICY NUMBER 11.1 THOUSANDS (000) LETTER OF INSURANCE EFFECT IVE/EXPI RAT I ON DATE AMh MWA GENERAL LIABILITY BINDER COMMERCIA1... GENERAL 09/19/e9 TO 09/19/90 LIABILITY CLAIMS MADE X OCCURRENCE GENERAI... AGGREGATE" $ <0 PRODUCTS COMP/OPS AG13- X OWNERS & CONTRACTORS PROTECTIVE PERSONAL 84 ADVERTISING I1'-4JURY-. EACH OCCURRENCE: $ 100 FIRE- DAMAGE (ANY I FIRE) : MEDICAL.. EXPENSE (ANY 1. PERSON) : AUTOMOBILE LIABILITY ANY AUTO TO CSL: ALI-. OWNED AUTOS BI : SC'HEDUI ED AUTOS (EACH PERSON) HIRED AUTOS NON-OWNED AUTOS BI : GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: ACORD OF INSURANCE -- 1::'A()V 2 L.111ITS, OF L.1'ABIL.11"Y MP TYPE POL.ICY NUMBER IN THOU SANDS (000) TTER OF INSURANCE EFF'E(71-IVE/EXI-':''ERA-T-If.:)N DATE EA. EXCESS L.IABIL.ITY TO OT'HEI:*,,' THAN LJMBREL.L.A FORM WORKERS COMPENSATION AND *STATL)­1"ORY* EMPLOYERS' LIABIL-ITY TO EACH ACCIDENT: DISEASE POLICY i_imi"r- DISEASE EACH EMPLOYEE: OTHER TO DESCRIPTION OF OPERAT I ONS/L_OCAT 1:ONS VEH I CI-ES SPEC I AL IT.EMCG): *******************************CORRECTED CERTIFICATE*************************** Project: 1989 Knight Valley—Cimarron Storm Water Detention Project Contractor: Don & Ruth Ann Schnieders, Don Schnieders Excavating Co. , Inc. 1309 Fairgrounds Rd. , Jefferson City, MO 65109 CANCELL-Al"ION SHOULD ANY OF THE ABOVE DESCRIBED POL.ICIE13 BE CANCEL-1...ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIL.L. ENDEAVOR 1-0 MAIL. 10 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOL.DER, DUT FAILURE TO MAIL. SUCH NOTICE SHAL.L. IMPOSE NO OBI_I GAT ION OR L.IABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTAT IVES. CERTIFICAI-E HOLDER City of Jefferson DATE ISSUED: 09/15/89 Dept. of Public Works 320 E. McCarty St. Jefferson City, MO 65101 -) AIJI-1-40RIZED REPRESENTATIVE • 7 A("'Ol:'14) CERTIFICATE (31:-- INSUI:*�ANCE 1:3 =3 r THIS CERTIF'ICATE' IS AIG A lylA'1""1T-T%' OF lNf-'-'0RMhTI(')N 0N1.._Y AND NO UPON THE HOLDER. THIS D003 11(31" AMEI'91), EXTEND jj ALT[z'R THE ("0Vl"RA('*1E (2)["'FORDED 13Y T(ll.in.' 1`13LICIA'i".3 f�`IFLUW. NAME AND ADDRESIS (IF AGENCY: A[::*F'0Rl'.)IN[") C( V E[%,'A Gl"-. FRED VOGEL INSURANCE, INC. 301 MONROE STREET f`,(]lvlF'0sNY A-., HEART OF AMERICA FIRE & CAS CO P. O. BOX 810 JEFFERSON CITY, MO 65101 C,0 M F'Ai N Y T-. C(311FIANY NAME AND ADDRESS OF INSURED: Don & Ruth Ann Schnieders COMPANY 1) Don Schnieders Exc Co Inc. 1309 Fairgrounds Road COMPANY E: Jefferson City, MO 65101 ===== COVERAGES THIS IS TO CERTIFY THAT POLICIES OF I I'd rIBURANCE LISTED BEI...OW HAVE F(EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATE[). NOTWITHS'rANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 01-HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS OF LIABILITY COMP TYPE POLICY NLJl*lBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE: AML WA GENERAL LIABILITY CPP2700082 X COMMERCIAL GENERAL 10/10/88 TO 10/10/89 LIABILITY GENERAL. AGGREGATE: $ 1,000 CLAIMS MADE X OCCURRENCE PRODUCTS COMP/OPS AGG. $ 1,000 OWNERS & CONTRACTORS PROTECTIVE PERSONAL & ADVERTISING INJURY: $ 1,000 EACH OCCURRENCE-. $ 1,000 FIRE DAMAGE (ANY I FIRE) : $ 50 MEDI(.--Al- EXPENSE (ANY 1 PERSON) : $ 5 A AUTOMOBILE LIABILITY BAP2000045 X ANY AUTO 10/10/88 TO 10/10/89 CSL: $ 1,000 ALL OWNED AUTOS BI : SCHEDULED AUTOS (EACH PERSON) X HIRED AUTOS X NON-OWNED AUTOS BI : GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: A(3'ORD CERTXzICAT*E OF INSURANG'I'" PAGE 2 LIMITS OF LIABILITY 0 MP TYPE F'01.,.I(.,Y NUMBER IN THOUSANDS (000) TTER OF I NSURANCE Ef-'Frmc,,-r.T.k)F-*/EXF'IRA*I"IC)N DATE EA. OCCUR. /AG*GREGATE EXCESS LIABILITY TO OTHER THAN UMBRELLA FORM A WORK'ERS COMPENSATION AND WCP2500044 *STATUTORY* EMPLOYERS' LIABILITY 10/10/88 TO 10/10/89 EACH ACCIDENT: s 100 DISEASE POLICY LIMIT: $ 500 DISEASE EACH EMPLOYEE: $ 100 A OTHER CPP2700082 Contractor' s 10/10/88 TO 10/10/89 $500 Ded. Equipment Per Sch. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICL-CS/SPECIAL ITEMS-. *****************************CORRECTED CERTIFICATE***************************** Project: 1989 Knight Valley-Cimarron Storm Water Detention Project CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 1-0 MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR . LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER City of Jefferson DATE ISSUED: 09/15/89 Dept. of Public Works 320 E. McCarty St. Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE • ACORD (_',ERTIFICATE OF 1Nf3'UR0N('-'A-- ( )CORD 2,313' THIS"GE01FICOTE IS ISSUED AS' O•:. ONLY ANj) cc3Nr----ru.;33 NO R'IGHT'S UPON THE CERTIFic.ATE HOL-DIER. :r. DOES) NOT AMEND E X T F.-.:N D AL.TER THE COVE'RAGr-7 Al 1,-'ORD1-_-'D BY Tl­iE NAME AND ADDRESS OF AGENCY: COMPANIE'S' AF::'F0RDIN(.-3' COVERAGE.- FRED VOGEL INSURANCE, INC. 301 MONROE STREET COMPANY A-. Heart of America Fire/Cas P. O. BOX 810 JEFFERSON CITY, MO 65101 COMPANY B.. COMPANY C: NAME AND ADDRESS OF INSURED: City of Jefferson COMPANY 1). Dept. of Public Works 320 E. McCarty St. COMPANY E: Jefferson City, MO 65101 ===== COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUIVIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIHE*D HEREIN IS SUBJECT TO AL-I._ TERMS., EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE E(EEN REDUCED BY PAID CLAIMS. LIMITS OF LIABILITY CO;1P TYPE POLICY NIJMBER IN THOUSANDS (000) F ETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE A GENERAL LIABILITY BINDER COMMERCIAL GENERAL 09/19/89 To 09/19/90 L1,ABILITY GENERAL AGGREGATE: $ 1300 Cb _AIM,9 MADE X OCCURRENCE PRODUCTS COMP/OPS AGG: X,] OWU-)NERS & CONTRACTORS PROTECT I VE PERSONAL. & ADVERTISINE, INJURY: EACH OCCURRENCE: $ 100 FIRE DAMAGE (ANY I FIRE) : C7- MEDICAL EXPENSE (ANY 1. PERSON) . AUTOMOBILE LIABILITY ANY AUTO TO CSL: ALL OWNED AUTOS BI : SCHEDULED AUTOS (EACH PERSON) HIRED AUTOS NON-OWNED AUTOS BI : GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: ACORD CERTIFICATE 01:-- INSURANCE PA(-3E 2 LIMITS OF LIABILITY 1lip TYPE POLICY NUMBER IN 'THOUSANDS (000) -. TTER OF I NS(..JRANrE EFFECTIVE/EXPIRATION DATE EA. OCCUR. /AGGREGATE. EXCESS LIABILITY TO OTHER THAN UMBRELLA FORM WORP.'*.ERS COMPENSATION AND *STATUTORY* EMPLOYERS' LIABILITY TO EACH ACCIDENT: DISEASE POLICY LIMIT: DISEASE EACH EMPLOYEE: OTHER TO DESCRIPTION OF OPERAT I ONS/LOCAT I ONS/VEH I CLES/SPEC I AL ITEMS: Contractor: Don & Ruth Ann Schnieders Don Schnieders, Excavating Co. , Inc. 1309 Fairgrounds Rd. Aft. Jefferson City, MO 65109 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL- ENDEAVOR 'TO MAIL 10 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL. SUCH NOTICE SHALL. IMPOSE NO OBLIGATION OR LIABILITY OF ANY K,IND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER City of Jefferson DATE ISSUED: 09/14/89 Dept. of Public Works 320 E. McCarty St. Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE AGURD CERTIFICATE (.)I:*-* INSURANCIE 2,583 THIS CERTIFICATE IS lSl::)LJED AS A MATTER C)I:*-" INFORMATION AND NO RIGHTS LJF'(.'.)N THE 1--WA.-DER. TI-11S GER]"ll"U"A"I"ll 10ES NOT AMEND, EX"['F-.:Nl) OW AL"I*ER "I'llE C0Yf-.RAU3E AFFORDE'D BY TIIE POLICIES BEI-13W. NOME AND ADDRESS OF *AGENCY C'0YERAG1:.*'. FRED VOGEL INSURANCE, INC. 301 MONROE STREET COMPANY Ps: HEART OF AMERICA FIRE & CAS CO P. 0. BOX 810 JEFFERSON CITY, MO 65101 COMPANY 13" C" NAME AND ADDRESS CIF INSURED- Don & Ruth Ann Schnieders COMPANY Dv Don Schnieders Exc Co Inc. 1309 Fairgrounds Road COMPANY E." Jefferson City, MO 65101 ===== COVERAGES THIS IS TO CERTIFY POLICIES OF' II\ISURAI',4CE I.-TS'"FED BELA3W HAVE Of.-.EN ISSUED TO THE INSURED NAMED AE40VE FOR *THE PERIOD INDU-'ATED. NOTWITHSTANDING ANY REQUIREMENT, TI----RM OR CONDITION OF AN*'T' CONTRACT OR OTHER DO('.,LJIIEN'F WITH RESPECT TO WHICH -rwrs CERTIFICATE-' MAY ]-.*JE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DE'ESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS (*.)F SL)CH POLICIES. Limus SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS OF' LIABILITY 13101111P TYPE POLICY NU11PER 11\1 THOUSANDS (000) LETTER OF I NSURANCE EFFECTIVE/EXPIRATION DATE *A GENERAL LIABILITY CPP2700082 X COMMERCIAL GENERAL 10/10/88 TO 10/10/89 LIABILITY GENERAL. AGGREGATE: $ 1,000 CLAIMS MADE X OCCURRENCE PRODUCTS COMP/OPS AGG.- $ 1,000 r OWNERS & CONTRACTORS p rRoTECTIYE PERSONAL. & ADVERTISING INJURY: $ 1,000 EACH OCCURRENCE: $ 1,000 FIRE DAMAGE (ANY I FI RE) t $ 50 MEDICAL EXI--,ENSE (ANY 1 PERSON) $ 5 A AUTOMOBILE LIABILITY BAP2000045 X ANY AUTO 10/10/88 TO 10/10/89 CSL: $ 1,000 ALL OWNED AUTOS BI : SCHEDULED AUTOS (EACH PERSON) X HIRED AUTOS X NON-OWNED AUTOS EQ GARAGE LIABILITY (EACH ACCIDENT) PROPERTY DAMAGE: ACORj) CENT IF'ICATE Cll= INEi(jRAN(.',E -- 17-'A("7'E 2 LIMITS (31:7 LIABILITY MP TYPE POL..I('.,Y NUMBER IN 'THOUSONDS (000) ."I"T E R OF •NIS)URANCE EFFECTIVE/EXPIRATION DA'•E EA. OCCUR. /AGGREGATE EXCESS LIABILITY TO OTHER 'THAN UMBRELLA FORM A WORKERS COMPENSATION AND WCP2500044 *STATUTORY* EMPLOYERS' LIABILITY 10/10/88 TO 10/10/E39 EACH ACCIDENT: $ 3.00 DISEASE POLICY LIMIT: $ 500 DISEASE EACH EMPLOYEE: $ 100 A OTHER CPP2700082 Contractor's 10/10/88 TO 10/10/89 $500 Ded. Equipment Per Sch. .DESCRIPTION OF OPERAT I ONS/LOCAT I ONS/VEH I CLES/SPEC I AL ITEMS." AM CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER City of Jefferson DATE ISSUED: 09/14/89 Dept. of Public Works 320 E. McCarty St. Jefferson City, MO 65101 --AU'—Tad- RILED REPRESENTATIVE e)