HomeMy Public PortalAboutORD10006 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO. /DOD
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH TWEHOUS
EXCAVATING FOR THE LARK STREET AND GRANT STREET AREA STORM
WATER DRAINAGE PROJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Twehous Excavating for the Lark
Street and Grant Street Area Storm Water Drainage Project for the sum
of $38,268.00.
Section 2. The contract shall be substantially the same in form
and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from
and after t e date of its passage and approval.
Passed -03 Approved -7-S-,93
re ing OfficY May6f
ATTE
®�
City Clerk
UDY1l?ACT 11011 PUBLIC 1CURli
This Contract is made and entered into this day of
19 3 - , by and between the City of Jefferson, Missouri, (City), and
Twehous Excavating (Contractor).
IVFOlEAS, the City Council of the City of Jefferson, Missouri did on the
day of 19 $ award to the Contractor
the contract of the improvement of Lark St. and'-Grant St. Area Storm
Water Drainage Project
NOW, TBEREFORE, for and in consideration of the awarding of this contract
and the work thereunder by City to the Contractor, the Contractor does hereby
contract and agree to do and perform said work, above specified and referred to,
for the following prices and to accept in payment therefore:
1. Monies from the treasury of the City, upon acceptance of said work by
the City Council of the City.
The approximate quantities, unit prices, and total amounts are as shown in
the itemized proposal attached hereto as Exhibit "A". Upon completion of the
work, readjustments in the contract price shall be made according to actual
measurements and at the price per unit specified in the contract.
It is agreed and understood by the parties hereto, that this contract is
entered into subject to all existing ordinances of the City pertaining to the
work awarded and subject to the plans and specifications and estimates of the
costs for work on file in the office of the City Clerk, and which shall be
considered a part of' this contract; that all questions arising as to the proper
performance of this contract of such work in accordance with the plans and
specifications therefore, and estimates thereof, shall be decided by the
Director of Public Worlus of the City of Jefferson, Missouri, or by such com-
petent person appointed by the Mayor and the City Council of the City of Jefferson
to supervise and superintend said work in the place of and instead of such
Director of Public Works; that in the case of improper construction, the'City
reserves the right at any time to suspend, relet or order an entire reconstruc-
tion of the work; that Contractor agrees to commence work on or before a date to
be specified in a Written "Notice to Proceed" and to fully complete the project
within thirty-five (35) working days thereafter. The City reserves
the right at any time to suspend, re-let or order an entire reconstruction of the
work awarded and to declare the contract forfeited, but such suspention, re-
letting or reconstruction or forfeiture shall not affect the right of the City
to recover all damages and penalties accruing or due it by reason of the
Contractor's non-compliance with this contract. Liquidated damages of $100.00
per day will be assessed against the Contractor for each day the work remains
incomplete following the completion date or extension thereof. "
The Contractor agrees to pay all classes and crafts of labor used in the
performance of this contract the prevailing hourly rate of wages as determined
by the Department of Labor and Industrial Relations and Contractor acknowledges
that he knows the prevailing hour rate of wages for all the classes and crafts
of labor-to be used in the performance of this contract because he has obtained
the prevailing hourly rate of wages from the contents of Special Wage Determina-
tion No. 3-026-103 in which the rate of wages are set forth.
The Contractor further agrees that he will keep an accurate record showing
the names and occupation of all workmen employed by them in connection with the
work to be performed under the terms of this contract, record shall show the
actual wages paid to said workmen in connection with the work to be performed
under the terns of this contract. Contractor further agrees that the aforemen-
tioned accurate record shall be available and open at all reasonable hours
for the inspection by the Director of Public Works or any other suthorized
employee of the City. In compliance with the Prevailing Wage Law, as amended
in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969,
effective October 13, 1969, not less that the prevailing hourly rate of wages
in the Jefferson City area shall be paid to all workmen performing work under
this contract, Section 290.250. The Contractor- shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day, or portion
thereof, such workman is paid less that the stipulated rates for any work done
under said contract, by him or any subcontractor under him, Section 290.250.
Contractor agrees to completely indemnify and hold harmless the City for
any and all damages, injuries, actions, costs, attorney's fees and all other
expenses whatsoever, arising our of the performance of said work whether the
property or persons damaged are the servants and employees of the Contractor
or third parties, in no manner connected with said work. All interlineations,
corrections, deletions and changes herein have been prior to the execution of
this contract.
• Contractor shall procuro and maintain during the life of this contract:
a. Worknrui's Comptnisati.on Insurance for all of its employees to be
engaged in work under this contract.
b. Contractor's Public Liability Insurance in the amount not less
than $800,000 for all claims arising our of a single occurrence
and $100,000 for any one person in a single accident or occur- "
rence, except for those claims governed by the provisions of the
Missouri WorlaTk n I s Compensation Law, Qbapter 287, Mb. ,, and
Contractor's Property Damage Insurance in an amount not less
than $800,000 for all claims arising out a single occurrence
and $100,000 for any one person in a single accident or
occurrence.
c: Automobile Liability Insurance in an amount not less than
$800,000 for all claims arising out of a single occurrence and
$100,000 for any one person in a single accident or occurrence.
d. Owner's Protective Liability Insurance. The Contractor shall
also obtain at its own expense and deliver to the City an
Owner's Protective Liability Insurance Policy naming the City of
Jefferson as the insured in an amount not less than $800,000
for all claims arising our of a single occurrence and $100,000
for any one person in a single accident or occurrence. No policy
will be accepted which excludes liability for damage to under-
ground structures or by reason of blasting, explosion or
collapse
e. The Certifications of Insurance furhished to the City showing
proof of compliance with these insurance requirements shall
contain a provision that coverage under such policies shall not
be cancelled or materially changes until at least (15) fifteen
days prior written notice has been given to the City.
IN WHITNESS WHEREOF, the parties have hereunto set their hands
and seals this ` day of 198
CITY OF JEWERSON, MISSOURI
By a.
yo
NMST:
City C erk TWEHOUS EXCAVATING CO. , INC.
AT:T�.sI'
LA[ut Sr. AND GRANT ST.
S1tORR YXI M, WA INAGE
PROJECT
APPROX. UNIT
ITEM N0. IINI DESCRIPTION UNIT QUANT. PRICE mum
•1.0 Removals & Demolition LS 4,000.00
Cut 2816.68 C.Y.
I2.0 Earthwork Fill 2955.55 C.Y. ,. is
10,880.00
3.0 Rock Blanket (in place) CY 1257
10.00 12,570.00
I
4.0 15" GW (in place) IF 136 1x.00 1,904.00
i
4.1 24" CHIP (in place) IF 30 24.00 720.00
5.0 4" PVC House Roof Drains (in place) IF 225 3.00 675.00
0 8" DIP Sewer Pipe (in place) IF 65 10.00 650.00
7.0 Ditching & Backfilling (0'-61 ) IF 29 7.00 203.00
8.0 Ditching & Backfilling (6'-81 ) IF 19 7.00 133.00
9.0 Ditching & Backfilling (8'-101) IF 17 9.00 153.00
10.0 Standard Manhole 6' (in place) Ea 1 600.00 600.00
11.0 Connection to Existing Manhole Ea 1 r
200.00 200.00
12.0 Concrete Encasement (in place) IF 92 15.00 11380.00
13.0 Seeding & Mulching Acre 3.5 1 ,20.0 4,200.00
TOTAL
_ 38,268.00
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MUTUALS-MEMBERSHIP AND VOTING NOTICE: The insured is notified that by virtue of this policy, he is a member of the
1 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, and is entitled to vote either in person or by proxy at any and all
meetings of said company. The annual Meetings are held at its home office at Wausau, Wisconsin, on the fourth Friday of
May, in each year, at 9:00 A.M.
Employers insurance of Wausau A Mutual Company
HOME OFFICE: WAUSAU, WISCONSIN
(Herein called the company)
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and
subject to all of the terms of this policy, agrees with the named insured as follows:
COVERAGES
The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge or
charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to and hereby made a
part of this policy.
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of court that part of the judgment which does not exceed
liability: the limit of the company's liability thereon;
(a) all expenses incurred by the company, all costs taxed (b) premiums on appeal bonds required in any such suit, pre•
against the insured in any suit defended by the company miums on bonds to release attachments in any such suit
and all interest on the entire amount of any judgment for an amount not in excess of the applicable limit of
therein which accrues after entry of the judgment and liability of this policy, and the cost of bail bonds required
before the company has paid or tendered or deposited in of the Insured because of accident or traffic law violation
9.79 6Q 1.1
Wausau ausau insurance Companies
COMBINATION CASUALTY POLICY DECLARATIONS
'ISSUED BY : EMPLOYERS INSURANCE O1:7 WAUSAU, A MUTUAL COMPANY
ATTACHED 'T'O 1:70RM 60-••1 1
POLICY NUMBER :
0734 08 048202
ITEM i . NAMED INSURED & ADDRESS
.1. 'l PA L ITY
OF:, INSURED -S : M U N:I*.C
;320 E M Cl A RT Y PR E M 1:U M 9 1--1 A L L BE ADJUS'T'ED
J E"F Fl:--R S 0 N C 1:T Y MO 65101
ITEM 2. POLICY PERIOD :
0*7 27 83 TO 07 27 (34 12 : 01 A.M. STANDARD TIME AT ADDRESS
OF THE NAMED INSURED AS STATED Iff:-*REI.N .,
ITEM 3.
THE INSURANCE AF=FORDED IS ONLY WITH RESPECT TO SUCH COVE RAGIHrE AS A-RE
INDICATED BY SPECIFIC PREMIUM CHARGE OR CHARGES IN *•l-il*-" Al:'I::'RC)F'R]*(-)I'I---'
COVERAGEE S(,'I-IEI)ULI"--* OR SCHEDULES 01--' THEE COVERAGE PART OR FARTS A• • ACHE.D.
TO THIS F'OLICY. TH E J_]'MIT 0F7 THE COMPANY ' S I.-TAFill ITY AGAINST 1-*-'A(,'I••l SUCH
.1
7
COVERAGE SHALL AS STATED IN '11-111 Al"I"ROPRIATI: SCIFIEDULE" ()R
*SCHEDULXES F'OR COVERAGE. F'ART OR PARTS ATTAC' l-ll:--"D "T'O Tills
...............................................................
SUMMARY 01:7 INSLJRANCl::' 1",17i[.'M'1*U
AND 17'Rl:-:"M]:IJM CHARGES C H A R G E*S
........... .................
OWNERS AND CONTRACTORS PROTEC'TIVE LIABILITY I:NSLJI:Z(-)NCI'*-'
109
ENDORSEMENTS
S Y M r3 0 L G5 4 2 C L
PR E M 1:Ll M G 10*7 1
...............
AMO(JNT DIM]. 120
..........
C 0 V E"R A G E. F'A R TS :'i60 9 1 . 1
Cl U N'T'I:'-'I:Z 8*1:(::N I-E 1) 1.4 Y
..........
AUT •IOR'IZED (:' ' Ml'ANY
1 /83 M60 1 .2 PR I'D. USA
OWNERS' AND CONTRACTORS'PROTECTIVE LIABILITY INSURANCE COVERAGE PART
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
Named Insured CITY OF JEFFERSON
cy Number 0734 08 048202
COVERAGE SCHEDULE
' 1. The insurance afforded is only with respect to such of the following Coverages as are Indicated by specific premium charge or charges. The limit
of the company's liability against each such Coverage shall be as stated herein,subject to all the terms of this policy having reference thereto.
COVERAGES LIMITS OP LIABILITY ADVANCE PREMIUM
Each Occurrence Aggregate
A-Bodily Injury Liability 5 SEE ENDORSEMENT 01 S SEE
B—Property i Damage
Liability $ SEE ENDORSEMENT 01 S _
Total Advance Premium S DECLARATIONS
2. The declarations are completed on the accompanying schedule(s) designated "General Liability Hazards".
3. Designation of Contractor TWEHOUSE EXCAVATING CO., INC.
4. Mailing Address RT. 03, HWY. 50 EAST, JEFFERSON CITY, MO 65101
5. Location of Covered Operations LARK ST. 8 GRANT ST., WATER DRAINAGE PROJECT,
JEFFERSON CITY, MD 65101
6. ❑Check here if the following provision is applicable:
The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive
any return premiums and dividends, if any,which may become payable under the terms of this policy.
COVERAGES
1. COVERAGE A-BODILY INJURY LIABILITY
COVERAGE B-PROPERTY DAMAGE LIABILIT Y
The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of
• Coverage A.bodily injury or
Coverage B.property damage
to which this policy applies, caused by an occurrence and arising out of (1) operations performed for the named insured by the contractor
designated in the declarations at the location designated therein or(2) acts or omissions of the named insured in connection with his general
supervision of such operations, and the company shall have the right and duty to defend any suit against the insured seeking damages on account
of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such
investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or
to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements.
Exclusions
This policy does not apply:
(a)to liability assumed by the insured under any contract or agreement except an incidental contract;but this exclusion does not apply to a
warranty that work performed by the designated contractor will be done in a workmanlike manner;
(b)to bodily injury or property damage occurring after
(I)all work on the project (other than service,maintenance or repairs) to be performed by or on behalf of the named insured at the site of
the covered operations has been completed or
(2)that portion of the designated contractor's work out of which the injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the
same project;
(c)to bodily injury or property damage arising out of any act or omission of the named insured or any of his employees,other than general
supervision of work performed for the named insured by the designated contractor;
(d)to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment
compensation or disability benefits law,or under any similar law;
(e)to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of
the insured to indemnify another because of damages arising out of such injury;but this exclusion does not apply to liability assumed by
the insured under an incidental contract;
(f) to property damage to
(1)property owned or occupied by or rented to the insured,
(2)property used by the insured,
(3)property in the care,custody or control of the insured or as to which the insured is for any purpose exercising physical control,or
(4)work performed for the insured by the designated contractor;
(g)to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or
condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2)
expenses for first aid under the Supplementary Payments provision of the policy;
(h) to bodily injury or property damage arising out of the ownership, maintenance,operation,use,loading or unloading of any mobile equipment
while being used in any prearranged or organized racing,speed or demolition contest or in any stunting activity or in practice or preparation for
any such contest or activity;
(i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke,vapors, soot, fumes, acids,alkalis,
toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any
water course or body of water;but this exclusion does not apply if such discharge,dispersal,release or escape is sudden and accidental;
0) to loss of use of tangible property which has not been physically injured or destroyed resulting from
® (I)a delay in or lack of performance by or on behalf of the named insured of any contract or agreement,or
(2)the failure of the named Insured's products or work performed by or on behalf of the named insured to meet the level of performance,
quality, fitness or durability warranted or represented by the named insured;
but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or
destruction of the named Insured's products or work performed by or on behalf of the named insured after such products or work have
been put to use by any person or organization other than an insured.
(M)5.81 560-9.1.1 Page I of 2 Pages
OWNERS' AND CONTRACTORS'PROTECTIVE LIABILITY INSURANCE COVERAGE PART(Continued)
11. PERSONS INSURED
Each of the following Is an insured under this policy to the extent set forth below:
(a)if the named insured is designated in the declarations as an individual, the erson so designated and his spouse,
® (b)if the named insured is designated in the declarations as a {partnership or mint venture, the partnership or joint venture so designated and any
ppartner or member thereof but only with respect to his liability as such.
(c)if the named insured is designated in the deciaratlons as other than an individual, partnership or joint venture, the organization so designated
and any executive officer,director or stockholder thereof while acting within the scope of his duties as such;and
(d)any person (other than an employee of the named insured) or organization while acting as real estate manager for tiro named insured.
ULLIMITS OF LIABILITY
Reg ardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3)
claims made or suits brought on account of bodily injury or property damage,tlpe company's liability is limited as follows:
Coverage A—The total liability of the company for all damages,including damages for care and loss of services,because of bodily injury sustained
by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as
applicable to "each occurrence".
Coverage B—The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations
as the result of any one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each
occurrence".
Subject to the above provision respecting "each occurrence",the total liability of the company for all damages because of all property damage to
which this coverage applies shall not exceed the limit of property damage liability stated in the schedule as"aggregate". If more than one project
is designated in the schedule,such aggregate limit shall apply separately with respect to each project.
Coverages A and B—For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of
continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence.
IV.ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements forming a part of the policy):
"work"includes materials,parts and equipment furnished in connection therewith.
V. POLICY TERRITORY
This policy applies only to bodily injury or property damage which occurs within the policy territory.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof.
(M)5•8I 560.9.1.1 Page 2 of 2 Pages
I@dt
Wausau insurance companies
GENERAL 1_IA111LITY
HAZARDS
VITY 01" JEFFERSON SCHEMI.A.j.: i
P'01. 1.C"Y N B R 0734 08 048202
BA.V:I:.T
A AREA A EACH
C TOTAL COST I., IEN*I':I R 1:-'-'
F FRONTAGE C" FIER 100
M ADMISSIONS 1) P E R 1 000
P I I.:
.: J.".1ER 10, 000
R R1:: F,T S F. PER M 1:1 1 ION
I..Xl::'OS(JFZI:. NOT Rl:.:QLJ:1REl)
SC Iil:.DIJL..E
COVERAGE PREMIUM RATES FIREX1UM
BASE-8- Bl: FIX) Ill 1:11)
INDEPENDENT CONTRAC 3TORS
AWL,
W 6292 (31 !5) (00001)
CONSTRUCTION OPERATIONS-
OWNER (NOT RAILROADS)-
EXCLUDING OPERATIONS
ON BOARD SHIPS F"I AT C I-I G 73 36
ADI)*.I*.*T]*C)NAI.. INSUREDS I--NG:l
NE"J:.:*RS, ARC • ITECTS 01-4 SURVEYORS
M I S N 0 U Rl
LOCI, I NUD LOC' i
(• -00i
16292 (315) (0002) F FAT C H G 4
TOTAL. E ST1 M A T 1.-.1) ANNUAL.. F'R E Ml U M R 80 40
wausau Insurance Companies
ENDORSEMENT
�voice Number: Invoice Date:
Ncy Number Assn. End.No. T Producer Amount Due
0734 08 048202 1 $
Named Insured and Address
CITY OF JEFFERSON Alpha Code:
Audit Period:
This Endorsement is effective 07 27 83 and will terminate with the policy.
Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated heroin.
Invoice/Rating Period: to
This endorsement modifies such insurance as is afforded by the provisions of the
policy relating to the following:
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
AMENDMENT — LIMITS OF LIABILITY
(Single Limit)
(Policy Aggregate Limit)
SCHEDULE
® Coverages Limits of Liability
Bodily Injury Liability and $ 800,000 each occurrence
Property Damage Liability $ 800,000 aggregate
It is agreed that the provisions of the policy captioned "LIMITS OF LIABILITY"
relating to Bodily Injury Liability and Property Damage Liability are amended
to read as follows :
Limits of Liability
Regardless of the number of (1) insureds under this policy, (2) persons or
organizations who sustain bodily injury or property damage, or (3) claims made
or suits brought on account of bodily injury or property damage, the company's
liability is limited as follows :
G633
Page 1 of 2 Pages
ENDORSEMENT (Continued)
CITY OF JEFFERSON 0734 08 048202
Bodily Injury Liability and Property Damage Liability :
(a) The limit of liability stated in the schedule of this endorsement as applicable
to "each occurrence" is the total limit of the company's liability for all
damages including damages for care and loss of services because of bodily
injury and property damage sustained by one or more persons or organizations
as a result of any one occurrence, provided that with respect to any occurrence
for which notice of this policy is given in lieu of security, or when
this policy is certified as proof of financial responsibility under the
provisions of the Motor Vehicle Financial Responsibility Law of any state or
province, such limit of liability shall he applied to provide the separate
limits required by such law for Bodily Injury Liability and Property Damage
Liability to the extent of the coverage required by such law, but the
separate application of such limit shall not increase the total limit of the
company's liability.
(b) If an aggregate amount is stated in the Schedule, then, subject to the
above provision respecting "each occurrence", the total liability of the
company for all damages because of all bodily injury and property damage
which occurs during each annual period while this policy is in force
commencing from its effective date, shall not exceed the limit of liability
stated in the Schedule of this endorsement as "aggregate".
(c) For the purpose of determining the limit of the company's liability, all
bodily injury and property damage arising out of continuous or repeated
exposure to substantially the same general conditions shall he considered
as arising out of one occurrence.
C633
All other provisions and conditions remain unchanged.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof.
(M) 2.79 PRTD, USA 15.62.3 Page 2 . of 2 Pages
Wausau Insurance Companies
PERSONS INSURED
EXECUTIVE OFFICERS AND EMPLOYEES
End.
®licy Number Assn. No. T Producer Alpha Code
0734 08 048202 2
Named Insured and Address
CITY OF JEFFERSON
This Endorsement is effective 07 27 83 and will terminate with the policy.
Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein.
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
{ ) COMPREHENSIVE GENERAL LIABILITY INSURANCE
( ) MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE
( ) OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE
( X ) OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
( ) STOREKEEPERS' INSURANCE
AM It is agreed that the"Persons Insured" provision is amended as follows:.
1. Subdivision (c) is replaced by the following:
(c) if the named insured is designated in the declarations as other than an individual,partnership or joint venture,the
organization so designated and
(i) any director or stockholder thereof while acting within the scope of his duties as such;and
(ii) any executive officer of the named insured while acting within the scope of his employment for the named
insured.
The term"executive officer" means any person holding any of the officer positions created by the charter or
bylaws of the named insured.
2. The word"insured"also includes any employee of the named insured while acting within the scope of his employment
for the named insured: provided, that no person shall be an insured under this paragraph with respect to:
(a) bodily injury to(i) any fellow employee of such person injured in the course of his employment or(ii)the named
insured or (iii) if the named insured is a partnership or joint venture, any partner or member thereof;
(b) property damage to property owned,occupied or used by,rented to,in the care,custody or control of,or over which
physical control is being exercised for any purpose by(i)another employee of the named insured or(ii)the named
insured or, if the named insured is a partnership or joint venture, any partner or member thereof.
All other provisions and conditions remain unchanged.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof.
(M) 10.76 515.5692 G5411
Wausau insurance Companies
ENDORSEMENT
Invoice Number: invoice Data:
oli�r Number Assn. End.No. T Producer Amount Due
734 08 048202 3 $
Named Insured and Address
CITY OF JEFFERSON Alpha Code:
Audit Period:
This Endorsement is off active 07 27 83 and will terminate with the policy.
Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein.
Invoice/Rating Period: to
This endorsement modifies such insurance as is afforded by the provisions of the policy
relating to the following:
OWNERS? AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
ADDITIONAL INSURED
('ENGINEERS, ARCHITECTS OR SURVEYORS)
It is agreed that such insurance as is afforded by the Bodily Injury Liability Coverage
and Property Damage Liability Coverage applies, subject to the following provisions:
1. The word "insured" also includes any architect, engineer or surveyor engaged by the
named insured but only with respect to liability arising out of the premises of the
Amok named insured or operations performed by or for the named insured.
2. The insurance with respect to such architects, engineers or surveyors does not apply
to bodily injury or property damage arising out of the rendering of or the failure
to render any professional services by or for the named insured, including
(a) the preparation or approval of maps, plans, opinions, reports, surveys, designs
or specifications and
(b) supervisory, inspection or engineering services.
Item Code Estimated Premium
No. No. BI PD
(#0002) 16292 SEE SCHEDULE OF GENERAL LIABILITY HAZARDS
(315)
All other provisions and conditions remain uncharged. C107-1
Issued by the Company providing the Insurance afforded by this policy as designated on the declarations page made a part hereof,
Wausau Insurance Companies
ENDORSEMENT
Wvoice Number: Invoice Date:
ilcy Number Assn. End.No. T Producer Amount Due
0734 08 048202 4 $
Named Insured and Address
CITY OF JEFFERSON Alpha Code:
Audit Period:
This Endorsement is effective 07 27 83 and will terminate with the policy.
Policy Period: to 12:01 A.M., standard time at the address of the named insured as stated herein.
Iffooice/Rating Period: to
This endorsement modifies such insurance as is afforded by the provisions of
the policy relating to the following:
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
AGGREGATE LIMIT OF LIABILITY ENDORSEMENT
It is agreed that:
1. Condition 10, captioned Three—Year Policy, is deleted; and
2. The preamble of the Limits of Liability provision is replaced by the
following:
Regardless of the number of (1) insureds under this policy, (2) persons
or organizations who sustain bodily -injury or property damage, or (3)
claims made or suits brought on account of bodily injury or property
damage, and regardless of the length of the policy period, the company's
liability is limited as follows :
G5 72 7
All other provisions and conditions remain unchanged.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof,
Wausau insurance companies
GENERAL LIABILITY
S AMENDATORY ENDORSEMENT—ADDITIONAL DEFINITION
It is agreed that the following definition is added:
"loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is
accepted for movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an automobile to
the place where it is finally delivered,but"loading or unloading"does not include the movement of property by means of a mechanical
device(other than a hand truck) not attached to the automobile.
® All other provisions and conditions remain unchanged.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof.
7.78 560.542 G542
j "named insured" means the person or organization named "products hazard" includes bodily injury and property dam.
in Item 1. of the declarations of this policy; age arising out of the named Insured's products or reliance
"named Insured's products" means goods or products man upoi' a representation or warranty made at any time with
p g P respect thereto, but only if the bodily injury or property dam•
ufactured, sold, handled or distributed by the named Insured'
nsured age occurs away from premises owned by or rented to the
or by others trading under his name, including any container named insured and after physical possession of such products
thereof (other than a vehicle), but "named Insured's products" has been relinquished to others;
shall not include a vending machine or any property other
than such container, rented to or located for use of others "property damage" means (1) physical injury to or destruc•
but not sold; tion of tangible property which occurs during the policy period,
including the loss of use thereof at any time resulting there.
"occurrence" means an accident, including continuous or from, or (2) loss of use of tangible property which has not been
repeated exposure to conditions, which results in bodily Injury physically injured or destroyed provided such loss of use is
or property damage neither expected nor intended from the caused by an occurrence during the policy period;
standpoint of the insured; "underground property damage hazard" includes under-
"policy territory" means: ground property damage as defined herein and property dam•
age to any other property at any time resulting therefrom.
(1) the United States of America, its territories or possessions, "Underground property damage" means property damage to
or Canada, or wires, conduits, pipes, mains, sewers, tanks, tunnels, any
I similar property, and any apparatus in connection therewith,
(2) international waters or air space, provided the bodily injury beneath the surface of the ground or water, caused by and
or property damage does not occur in the course of travel occurring during the use of mechanical equipment for the
or transportation to or from any other country, state or purpose of grading land paving, excavating, drilling, borrowing,
nation, or filling, back-filling or pile driving. The underground property
(3) anywhere in the world with respect to damages because of damage hazard does not include property damage (1) arising
bodily injury or property damage arising out of a product out of operations performed for the named insured by inde.
which was sold for use or consumption within the territory pendent contractors, or(2) included within the completed open-
deccr ibed in paragraph (1)above, provided the original suit ations hazard, or (3) for which liability is assummed by the
for such damages is brought within such territory; insured under an incidental contract.
CONDITIONS
1. Premium All premiums for this policy shall be computed in as proof of financial responsibility for the future under the ;!
accordance with the company's rules, rates, rating plans, pre- provisions of any motor vehicle financial responsibility law,
miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury with the
afforded herein. provisions of property law to he liability e on of then coverage and
Premium designated in this policy as advance premium
i is a deposit premium only which shall be credited to the limits of liability required by such law. The insured agrees
amount of the earned premium due at the end of the policy to reimburse the company for any payment made by the com-
period. At the close a each period e part thereof terminating pany which it would not have been obligated to make under i
with the end of the policy period) designated in the declara-
tions as the audit period the earned premium shall be com• in this paragraph.
puted for such period and, upon notice thereof to the
named insured, shall become due and payable. If the total 4. Insureds Duties in the Event of Occurrence, Claim or Suit
earned premium for the policy period is less than the premium (a) In the event of an occurrence, written notice containing
previously paid, the company shall return to the named insured particulars sufficient to identify the insured and also
the unearned portion paid by the named insured. reasonably obtainable information with respect to the time,
The named insured shall maintain records of such informa• place and circumstances thereof, and the names and i
tion as is necessary for premium computation, and shall send addresses of the injured and of available witnesses, shall
copies of such records to the company at the end of the be given by or for the insured to the company or any of i
policy period and at such times during the policy period as its authorized agents as soon as practicable.
lthe company may direct. (b) If claim is made or suit is brought against the insured,
2. Inspection and Audit The company shall be permitted but the insured shall immediately forward to the company every
not obligated to inspect the named insured's property and demand, notice, summons or other process received by j
i operations at any time. Neither the company's right to make him or his representative.
inspections nor the making thereof nor any report thereon (c) The insured shall cooperate with the company and, upon
1 shall constitute an undertaking, on behalf of or for the benefit the company's request, assist in making settlements, in
of the named insured or others, to determine or warrant that the conduct of suits and in enforcing any right of contri•
such property or operations are safe or healthful, or are in bution or indemnity against any person or organization
compliance with any law, rule or regulation. who may be liable to the insured because of injury or
The company may examine and audit the named Insured's damage with respect to which insurance is afforded under
books and records at any time during the policy period and this policy; and the insured shall attend hearings and trials
extensions thereof and within three years after the final ter• and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, exce
mination of this policy, as far as they relate to the subject of
matter of this insurance. at his own cost, voluntarily make any payment, assume
any obligation or Incur any expense other than for first
3. Flnanclal Responsibility Laws When this policy is certified aid to others at the time of accident.
I�
Notice o an agent or knowledge ossessed b
5. Action Against Company No action shall Ire against tfre 8. Changes N lice t y g g p Y
I I company unless, as a condition precedent thereto, there shall any agent or by any other person shall not effect a waiver or
have been full compliance with all of the terms of this policy, a change in any part of this policy or estop the company from
nor until the amount of the Insured's obligation to pay shall asserting any right under the terms of this policy; nor shall
have been finally determined either by judgment against the the terms of this policy be waived or changed, except by
Insured after actual trial or by written agreement of the endorsement issued to form a part of this policy.
Insured, the claimant and the company.
! 9. Assignment Assignment of interest under this policy shall
i Any person or organization or the legal representative there not bind the company until its consent is endorsed hereon; if,
of who has secured such judgment or written agreement shall however, the named insured shall die, such insurance as is
thereafter be entitled to recover under this policy to the extent afforded by this policy shall apply (1) to the named insured's
of the insurance afforded by this policy. No person or organ legal representative, as the named insured, but only while
y ization shall have any right under this policy to join the com acting within the scope of his duties as such, and (2) with
pany as a party to any action against the insured to determine respect to the property of the named insured, to the person !
the insureds liability, nor shall the company be impleaded having proper temporary custody thereof, as insured, but only
by the insored or his legal representative. Bankruptcy or in
solvency of the insured or of the insured's estate shall not until the appointment and qualification of the legal represen
relieve the company of any of its obligations hereunder. tative. j
10. Three Year Policy If this policy is issued for a period of. ;l
l 6. Other Insurance The insurance afforded by this polity is three years any limit of the company's liability stated in this
primary insurance, except when stated to apply in excess of polciy as "aggregate" shall apply separately to each consecu-
or contingent upon the absence of other insurance. When this tive annual period thereof.
insurance is primary and the insured has other insurance which
is stated to be applicable to the loss on an excess or contin- 11. Cancelation This policy may be canceled by the named
gent basis, the amount of the company's liability under this insured by mailing to the company written notice stating when
policy shall not be reduced by the existence of such other thereafter the cancelation shall be effective. This policy may I'
insurance. be canceled by the company by mailing to the named insured
When both this insurance and other insurance apply to the at the address shown in this policy, written notice stating
loss on the same basis, whether primary, excess or contingent, when not fens than ten days thereafter such cancelation shall
the company shall not be liable under this policy for a greater be effective. The mailing of notice as aforesaid shall be
proportion of the loss than that stated in the applicable con sufficient proof of notice. The effective date and hour of
tribution provision below: cancelation stated in the notice shall become the end of the `
policy period. Delivery of such written notice either by the
(a) Contribution by Equal Shares. If all of such other valid and named insured or by the company shall be equivalent to
collectible insurance provides for contribution by equal mailing,
shares, the company shall not be liable for a greater pro If the named insured cancels, earned premium shall be
portion of such loss than would be payable if each insurer computed in accordance with the customary short rate table
contributes an equal share until the share of each insurer and procedure. If the company cancels, earned premium shall
equals the lowest applicable limit of liability under any be computed pro rata. Premium adjustment may be made
one policy or the full amount of the loss is paid, and with either at the time cancelation is effected or as soon as
respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment
insurers then continue to contribute equal shares of the or tender of unearned premium is not a condition of cancela-
remaining amount of the loss until each such insurer has tion.
paid its limit in full or the full amount of the loss is paid.
(b) Contribution by limits. If any of such other insurance does 12• Declarations By acceptance of this policy, the named
II not provide for contribution by equal shares, the company insured agrees that the statements in the declarations are
shall not be liable for a greater proportion of such loss his agreements and representations, that this policy is issued
than the applicable limit of liability under this policy for in reliance upon the truth of such representations and that this i
such loss bears to the total applicable limit of liability of policy company embodies all aoe between himself
h or any of is gentsreltingto this insurance.
all valid and collectible insurance against such loss.
13. Mutual Policy Conditions. PARTICIPATION CLAUSE WITHOUT
i
7. Subrogation In the event of any payment under this policy, CONTINGENT LIABILITY. No Contingent Liability: This policy is }
the company shall be subrogated to all the insured's rights nonassessable. The policyholder is a member of the company
of recovery therefor against any person or organization and and shall participate, to the extent and upon the conditions I i
the insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance
II and do whatever else is necessary to secure such rights. The with the provisions of law, in the distribution of dividends so
insured shall do nothing after loss to prejudice such rights. fixed and determined.
IN WITNESS WHEREOF, the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused this policy to be signed by
its president and secretary at Wausau,Wisconsin,and countersigned on the declarations page by a duly authorized representative
of the company.
Secretary
President
1 arising out of the use of any vehicle to which this policy policy applies;
�! applies, not to exceed $250 per bail bond, but the com
pony shall have no obligation to apply for or furnish any (d) reasonable expenses incurred by the insured at the com-
pany bonds; pany's request in assisting the company in the investiga•
lion or defense of any claim or suit, including actual loss AIM
(c) expenses incurred by the insured for first aid to others of earnings not !o exceed $25 per day. VW
at the time of an accident, for bodily injury to which this
DEFINITIONS
i When used in this policy (including endorsements forming (b) the existence of tools, uninstalled equipment or abandoned
a part hereof): or unused materials, or
"automobile" means a land motor vehicle, trailer or semi. (c) operations for which the classification stated in the policy
trailer designed for travel on public roads (including any or in the company's manual specifies "including completed i
machinery or apparatus attached thereto), but does not in operations";
elude mobile equipment; "elevator"means any hoisting or lowering device to connect
I�
"bodily injury" means bodily injury, sickness or disease floors or landings, whether or not in service, and all appliances
sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway,
period, including death at any time resulting therefrom; runway, power equipment and machinery; but does not include
an automobile servicing hoist, or a hoist without a platform
"collapse hazard" includes "structural property damage" outside a building if without mechanical power or if not
as defined herein and property damage to any other property attached to building walls, or a hod or material hoist used in
at any time resulting therefrom. "Structural property dam- alteration, construction or demolition operations, or an inclined
age" means the collapse of or structural injury to any building conveyor used exclusively for carrying property or a dumb-
or structure due to (1) grading of land, excavating, borrowing, waiter used exclusively for carrying property and having a
filling, back-filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four feet;
caisson work or (2) moving, shoring, underpinning, raising or
demolition of any building or structure or removal or rebuild- "explosion hazard" includes property damage arising out of
ing of any structural support thereof. The collapse hazard does blasting or explosion. The explosion hazard does not include
not include property damage (1) arising out of operations property damage(1)arising out of the explosion of air or steam
performed for the named insured by independent contractors, vessels, piping under pressure, prime movers, machinery or
or (2) included within the completed operations hazard or the power transmitting equipment, or (2) arising out of operations
underground property damage hazard, or (3) for which liability performed for the named insured by independent contractors,
is assumed by the insured under an incidental contract; or (3) included within the completed operations hazard or the
"completed operations hazard" includes bodily injury and underground property damage hazard, or (4) for which liability
property damage arising out of operations or reliance upon a is assumed by the insured under an incidental contract:
representation or warranty made at any time with respect "incidental contract" means an written (1) lease of
thereto, but only if the bodily injury or property damage occurs y pre-
after
such operations have been completed or abandoned and mises, (2) easement agreement, except in connection with
occurs away from premises owned by or rented to the named construction or demolition operations on or adjacent to a
insured. "Operations" include materials, parts or equipment railroad, (3) undertaking to indemnify a municipality required
furnished in connection therewith. Operations shall be deemed by municipal ordinance, except in connection with work for
completed at the earliest of the following times: the municipality, (4) sidetrack agreement, or (5) elevator I
maintenance agreement;
(1) when all operations to be performed by or on behalf of the
named insured under the contract have been completed, "insured" means any person or organization qualifying as
(2) when all operations to be performed by or on behalf of the
an insured in the "Persons Insured" provision of the applicable
named insured at the site of the operations have been Insurance coverage. The insurance afforded applies separately
com leted, or to each insured against whom claim is made or suit is
p brought, except with respect to the limits of the company's
(3) when the portion of the work out of which the injury or liability;
damage arises has been put to its intended use by any
person or organization other than another contractor or "mobile equipment" means a land vehicle (including any
subcontractor engaged in performing operations for a prin• machinery or apparatus attached thereto), whether or not
cipal as a part of the same project. self-propelled, (1) not subject to motor vehicle registration, or
(2) maintained for use exclusively on premises owned by or
Operations which may require further service or maintenance rented to the named insured, including the ways immediately
Ij work, or correction, repair or replacement because of any adjoining, or (3) designed for use principally off public roads,
defect or deficiency, but which are otherwise complete, shall or (4) designed or maintained for the sole purpose of affording
be deemed completed. mobility to equipment of the following types forming an
The completed operations hazard does not include bodily integral part of or permanently attached to such vehicle:
i injury or property damage arising out of power cranes, shovels, loaders, diggers and drills; concrete
mixers (other than the mix-in-transit type); graders, scrapers,
+ (a) operations in connection with the transportation of proper- rollers and other road construction or repair equipment;
ty, unless the bodily injury or property damage arises out air-compressors, pumps and generators, including spraying,
of a condition in or on a vehicle created by the loading or welding and building cleaning equipment; and geophysical
unloading thereof, exploration and well servicing equipment;
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MED-
ICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL
AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
It is agreed that:
I. The policy does not apply:
A. Under any Liability Coverage, to bodily injury or property damage
+ (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by
Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its i
limit of liability; or
(2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization
is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, I
I or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of
America, or any agency thereof, under any agreement entered into by the United States of America, or any agency l I
thereof, with any person or organization.
B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses
incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the
operation of a nuclear facility by any person or organization. II
C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear 1,
material, if 1
(l) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been
discharged or dispersed therefrom; 1
(2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored,
transported or disposed of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equip-
ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such
facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3)
applies only to property damage to such nuclear facility and any property thereat.
II. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
IV "nuclear material" means source material, special nuclear material or byproduct material;
i "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic
Energy Act of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a
nuclear reactor;
"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or
organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or
utilizing spent fuel, or (3) handling, processing or packaging waste,
i (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the
total amount of such material in the custody of the insured at the premises where such equipment or device is located
consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes
the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such {
operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to
contain a critical mass of fissionable material; I
"property damage" includes all forms of radioactive contamination of property.
NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad form)" does not apply to Automobile Lia-
bility Insurance in New York.
All other provisions and conditions remain unchanged.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part
hereof.
A0009
G320