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HomeMy Public PortalAboutORD10115 BILL N 0. SPONSORED BY COUNCILMAN ORDINANCE NO. ' I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN CONSTRUCTION COMPANY, INC. , FOR THE 1983 PHASE II SEWER PROJECT FOR THE CITY OF JEFFERSON ACCORDING TO THE CONTRACT DOCUMENTS. BE IT ORDAINED BY . THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1 . The Mayor and Clerk of the City are hereby authorized and directed to execute a contract with Willard Stockman Construction Company, Inc. , for the 1983 Phase II Sewer Project for the City of Jefferson according to the contract documents . Section 2. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed �v2 d -� Approved 2 e Pr siding f icer Mayor ATTEST: City Clerk W 1RACr FOR PUBLIC IVORIi This Contract is made and entered into this' day of . 19 by and between the City of Jefferson, Missouri, (City), and WTLLARD STOCKMAN CONSTRUCTTON COMPANY, INC. (Contractor). 1YIEREA5, the City Council of the City of Jefferson, Missouri did on the day of �',�� �2(��� 19 � D , award to the Contractor the bid of the improvement of 1983 Phase II Sewer P r o i e c t for the City of Jefferson , Missouri NOW, THEREFORE, 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 (Yorks of the City of Jefferson, Missouri, or by such c xn- 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 11,orks; 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 P.ritten "Notice to Proceed" and to fully complete the project within Thirty ( 3 0) 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 forfei-t9d, 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 11.1age Determina- tion No. 4_026-04 3 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 tenns 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 authorized employee of the City. In compliance with the Prevailing Wabe Law, as amended in Sections 290.210 to 290.340 inclusive, Revised Statutes of Alissoiri, 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. I Contractor shall procure and maintain during the life of this contract: ® a. Workman's Compensation 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 out 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 Workman 's Compensation Law, Chapter 287 RSMo, and Contractor's Property Damage Insurance in an amount not less than $800, 000 for all claims arising out of a single 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 occur- rence. . d. City Listed as Additional Insured. The City shall be listed as and "Additional Insured" on the contractor's public liability insurance and automobile liability insurance policies. e. The Certifications of Insurance furnished to the City show- ing proof of compliance with these insurance requirements Ah shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least 10 (ten) days prior written notice has been given to the City. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this • day of i 19 b 3 CITY OF JEFFERSON, MISSOURI By : M y r ST: City Clerk ATTEST: ` �G 011, " . ITEMIZED PROPOSAL , ;•. ' '�;,•4 TANNER BRIDGE,%MAIN EXT.-, ,(,SanitLary i•Sewer.uLine� suwuj i FOR LABOR TEMPLE (Flora Drive ) (Es timation) Auk AL ITEM CLASSIFICATION UNIT APPR. NO. QNTY. 1.0 8" Sanitary Sewer Pipe L.F. 293.36 • (in place) 2.0 8" Ductile 'Iron Pipe (in,;plac ) -L.F. 93.23 '3.0 Ditching and Backfilling -L.F. 333.59 ✓ (01-61 ) yop 4.0 Ditching and Backfilling L.F. 4 .0 ( 61-81 ) /6 0-9 5.0 Ditching and Backfilling L.F. 34 .0 (8 '-10 ' ) •6.0 Ditching and Backfilling L.F. 15.0 °-= (101-121 ) 7 S, 0 Standard M.'H. ( 0'-61 ) Ea. 3 8.0 Extra Depth M.H. (over 61 ) V.F. 4 .88 :.9.0 St. L.H. Ea. 1 10.0 Chat Backfill, Parking Lot Ton 44 .5 ��°-`�"• (.full depth) 11.0 Rock Excavation (estimation) C.Y. 50.00 .S✓' .5 a o 12.0 Seeding 'and Mulching L.F. 271.0 � • .::. ..:}'••-."S!�.«�'.'"1r4':1..::J.!!L'�;?!',","il•ilELl`f`•L7tSiikJ►'AIP{uiWw:r.`.•+o- �i•..•+...:.4a....• , ..:r • \ il' olm Y. .. ;,.y. •eK"MM.Aw. M••.J.;.yL•WL►.fv.W.�.Mw.•,w.w...+•++w.•r.....r••r•... ♦'riw.�v-w..l.T� .� .a..w�..rw.w».... r. ..r' '�.,..".wwww.. ...•.w... ..� .. .. ..,......w+.nw.w.+ny.rw«yygM.� STADIUM AND DOGWOOD PS 396 ITEM CLASSIFICATION UNIT APPROX. NO. QNTY . 1 . 0 8" Sanitary Sewer Pipe L.F. 1430 ' (in place ) 2: 0 Ditching and Backfilling LcF. 1343 ' (0-6 ' ) 3. 0 Ditching and Backfilling L.F. 37. 0 ' 4.0 Ditching and Backfilling L.F. 37 . 0 ' ( 81 -101 ) 5.0 Ditching and Backfilling L.F. 13. 0 ' ( 10 ' -121 ) 6. 0•' Standard M.H. (0-6 ' ) Ea. 9 S 7 .0 Additional Depth M.H. V.F . 4•. 60 ' pn (over 6 ' ) 8. 0 Standard Lamphole Ea. 2 .ep 9 .0 Rock Excavation (Mechanical ) C .Y. 50 10. 0 Rock Excavation (Standard) C.Y. 25 11 . 0 Seeding and Mulching L.F. 1200 ' 6�0 12. 0 Street drossing ( 7" asphalt ) L. S . 13. 0 Chat Backfill for Street Ton 17 . 8 Crossing '? ° /yam• `� 14 . 0• Connection to Existing Sewer Ea . 1 Line ' MASMARA AL Certificate of Insurance NW1 MU Cedar Rapids.Iowa 0 NAME AND ADDRESS OF INSURED NAME AND ADDRESS OF AGENCY WILLARD STOGETIA11 CONSTRUCTIO11 CO., Inc. Pau l It. Kolb, Inc. 1402 3"tadiurA Drive P.0-13ox 135 509 11-io. Blvd. Jefferson City, Ho. 65101 Jefferson City, I-Io. 65102 I i This is to certify that policies of insurance listed below have boon Issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by ilia policies described herein is subject to all the terms,exclusions and conditions of such policies. POLICY PERIOD Limits of Llsblll ty In Thousands(000) (Lfm/0D/YY)TO EACH TYPE OF INSURANCE POLICY NUMBER (MM/DD/YY) OCCURRENCE AGGREGATE GENERAL LIABILITY $300 Iff COMPREHENSIVE FORM 9115183 to 9/15/04 BODILY INJURY $ 300 ❑PREMISES-OPERATIONS ❑CONTRACTUAL INSURANCE-Blanket PROPERTY DAMAGE s 300 s300 EXPLOSION AND COLLAPSE CONTRACTUAL INSURANCE-Only 1:3 HAZARD ❑DESIGNATED CONTRACTS LISTED BELOW 12UNDERGROUND HAZARD BROAD FORM PROPERTY C]DAMAGE BODILY INJURY AND PROPERTY DAMAGE s S ❑PRODUCTS/COMPLETED OPERATIONS HAZARD INDEPENDENT CONTRACTORS COMBINED ❑PERSONAL INJURY PERSONAL INJURY BODILY INJURY $L (EACH PERSON) AUTOMOBILE LIABILITY nrnlon-173,5oj 9/15/83 to 9/15A 300 JgOWNED AUTOS: BODILY INJURY s300 f-1 ALL OWNED AUTOS (EACH ACCIDENT) ALL OWNED PRIVATE PASSENGER ❑ ONLY PROPERTY DAMAGE $ 100 ❑ALL OWNED AS OTHER THA N PRIVATE PSENGER ONLY ❑HIRED ❑NON-OWNED BODILY INJURY AND SPECIFIED ONLY- ❑GARAGE PREMISES LIABILITY PROPERTY DAMAGE ❑DESCRIBED BELOW COMBINED UMBRELLA EXCESS r.XT. 4.RI:555!4, 9/15/83 to 9/15/84 BODILY IN DAMAGE AND 1,000 $ 1 000 POPERTY D LIABILITY COMBINED WORKERS'COMPENSATION STATUTORY and 9/15/83 to 9/15/31 EMPLOYERS'LIABILITY $ 100 (EACH ACCIDENT) OTHER Owner's Protective Liability Insurance Bodily Injury Liability 1800,001) City of Jefferson GI-A. CUVIAr,-532- 7/?/83 to 7/-?/811. Tjihilit.W',�80 QDO AUTOMOBILE PHYSICAL LIMIT OF LIABILITY DAMAGE ❑ (a)COMPREHENSIVE $ ❑ (b)FIRE,THEFT&WIND $ ❑ (c)COLLISION $ DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/CONTRACTS Tanner Bridge Main Ext.(Sanitary Sewer Line) For Labor Temple (Flora Drive) Stadium and Dogwood PS 3906 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail - days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ❑ If this box is checked the company assumes the obligation to mail written notice to the certificate holder. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Jefferson Department of Pu-blic Works DATE ISSUED --_L)QC,--1.27 911 E. Miller Street Jefferson City, Ho. 65101 ,q�- AUTH REPRE!ffNTATIVE H66 5-1(5-83) 10WANATIONAL Muhl lr�sur any Ce if0cate Of Insurance ' Cedar Rap,ds,Iowa 1I�$cidl OdATtS,fly{A$tlEly M A MATTb OF INFORMATION ONLY ANo CONnm udi'ip ms ukm THIS c CATL H DlPI.: THtB'CENTMOATK DOn NOT AMEND;EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES U87i:0 tlELGW.•:':': :' ,; NAME AND ADDRESS OF INSURED NAME AND ADDRESS OF AGENCY WILL!',RD ==SAti =1t,'=+''Z 011 Wev Inn Paul 11. Kolb, Ittes 144 Stadium Drive P.OoBoz 185 509 Moo Dlvdo Jefferson Cityv no, 65101 Jefforeem City, Kos 65102 This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated Notw thstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is sub)ect to all the terms,exclusions and conditions of such policies POLICY PERIOD Limits of Liability In Thousands(000) (M /DD Y TO EACH TYPE OF INSURANCE POLICY NUMBER (M YY) OCCURRENCE AGGREGATE GENERAL LIABILITY -CM8017331=~— 9/15/83 to 9/15/154 BODILY INJURY $ $ COMPREHENSIVE FORM ❑PREMISES-OPERATIONS ❑CONTRACTUAL INSURANCE-Blanket PROPERTY DAMAGE S 12M $IVO EXPLOSION AND COLLAPSE CONTRACTUAL INSURANCE-Onl ❑HAZARD ❑DESIGNATED CONTRACTS LISTED BELOW BROAD UNDERGROUND HAZARD ❑DAMAGE BODILY PROPERTY BODILY INJURY AND PRODUCTS/COMPLETED ❑INDEPENDENT CONTRACTORS PRO ERTY DAMAGE S $ ❑OPERATIONS HAZARD ❑PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY CGCS0I�; C1 9/1,5/$5 to 9/15/5� BODILY PERSON) $3{30 OWNED AUTOS: INJURY BODILY $ ❑ALL OWNED AUTOS (EACH ACCIDENT) r> ALL OWNED PRIVATE PASSENGER "'`f X ❑ONLY _-'r '' ALL OWNED OTHER THAN PROPERTY DAMAGE $�� ❑PRIVATE PASSENGER ONLY ❑HIRED ❑NON-OWNED t7 BODILY AND SPECIFIED ONLY- ❑GARAGE PREMISES LIA81LITY PROPERTYJDAMAGE $ _l7 ❑DESCRIBED BELOW COMBINED UMBRELLA EXCESS �f 3 6_ 3/15/83 �0 9/1 BODILY INJURY AND $ >� $loom LIABILITY !i J ` �c/ PROPERTY DAMAGE COMBINED WORKERS'COMPENSATION STATUTORY and - ��3 �' — 9/151 3 to 9/15/x+ ft EMPLOYERS'LIABILITY $IM (EACH ACCIDENT) OTHER Otmer's Protective Liability In Duran 7 i$ Bodily Trijury Liability 800,00 AUTOMOBILE PHYSICAL ' LIMI !SF LIABILITY DAMAGE ❑ (a)COMPREHENSIVE $ ❑ (b)FIRE,THEFT 8 WIND $ ❑ (c)COLLISION Is DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/CONTRACTS Tamer Bridge Main-Uto(Scusitary .°war Line) For Labor mod' (Flora Drive) Stadium and WSWOod P8 396 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ❑ If this box is cpheEc$ke(dd the company assumes the obligation to mail written notice to the certificate holder. (i lEtyD O1 R J e. erson jHOLDER • Depa►rtm mt of PfabliC Worke DATE ISSUED ,R0. 42 4083 911 4 Miller Street*. Jefferson City KID* 65101 ' AUTHORIZED REPRESENTATIVE H 6605.1(6-83) COVERAGE PART L 6414 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE lid ' r" AN COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR For attachment to policy ! NA 68 ���,to complete said policy. ADDITIONAL DECLARATIONS Designation of Contractor ,t»,.m.[Low, Willard Stocks= Construction Co., Inc. Mailing Address tamum BELOW, 1402 Stadium Drive, Jefferson C>jfLy, 8111a o'r1 65101 Location of Covered Operations 1[Mt[M.cLOw1 MfOrsm City, H1:t i ® 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 if any, which may become payable under the terms of this policy. SCHEDULE 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 of liability --.Premium Bases Rates-- - -- Advance Premiums iCost $100 of cost A -1 odily Injury Liability $ ear -occurrence $ $ b .-- ---- -- -- _... . � �99-i�-----__- B--Property Damage Liability $ Form numbers of endorsements a ac ed a issue - �� $ GIL99370411 111106250-811 Total Advance Premium $ When used as a premium basis: ..cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sublet in connection with each specific project, including the cost of all labor,materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made,paid or due. I. COVERAGE A—BODILY INJURY LIABILITY (d) to any obligation for which the Insured or any carrier as his insurer may be COVERAGE B—PROPERTY DAMAGE LIABILITY held liable under any workmen's compensation,unemployment compensation or disability benefits law, or under any similar law; The company will pay on behalf of the Insured all sums which the insured shall (el to bodily injury to any employee of the insured arising out of and in the course of become legally obligated to pay as damages because 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 A. bodily Injury or apply to liability assumed by the insured under an incidental contract; B. property damage (f) to property damage to to which this policy appplies, caused by an occurrence and arising out of(1)opera- (1) property owned or occupied by or rented to the Insured, tions performed for the named Insured by the contractor designated in the dec- (2) property used by the insured, larations at the location designated therein or(2)acts or omissions of the named (3) property in the care, custody or control of the Insured or as to which the Insured In connection with his general supervision of such operations, and the insured Is for any purpose exercising physical control,or company shall have the right and duty to defend any suit against the Insured (4) work performed for the insured by the designated contractor; seeking damages on account of such bodily ioju or property damage,even if any of the allegations of the suit are groundless, false or fraudulent, and may make (g) to bodily Injury or property damage due to war,whether or not declared, civil such Investigation and settlement of any claim or suit as it deems expedient but war, insurrection, rebellion or revolution or to any act or condition incident to the company shall not be obligated to pay any claim or iudgment or to defend any any of the foregoing,with respect to(1)liability assumed by the insured under suit after the applicable limit of the company's liability has been exhausted by an incidental contract, or (21 expenses for first aid under the Supplementary payment of Judgments or settlements. Payments provision of the policy; Exclusions (h) to bodily Injury or property damage arising out of(1) the ownership, mainte- nance, operation, use, loading or unloading of any moblle equipment while Po apply: being used in any prearranged or organized racing, speed or demolition (a) to liability assumed by the insured under any contract or agreement except an contest or in any stunting activity or In practice or preparation for any such Incidents(contract; but this exclusion does not apply to a warrant that work contest or activity or (2) the operation or use of any snowmobile or trailer performed by the designated contractor will be done in a workmanlike manner; designed for use therewith; (b) to bodily Injury or property damage occurring after (I) to bodily injury or property damage arising out of the discharge, dispersal, 111 all work on the project (other than service, maintenance or repairs) to be release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi• performed by or on behalf of the named insured at the site of the covered cats, liquids or gases, waste materials a other Irritants, contaminants or operations has been completed 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 (2) that portion of the designated contractor's work out of which the Injury or or escape Is sudden and accidental; damage arises has been put to its intended use by any person or organiza• tion other than another contractor or subcontractor engaged in performing (j) to loss of use of tangible property which has not been physically Injured or operations for a principal as a part of the same project; destroyed resulting from (c) to bedlly Injury or property damage arising out of any act or omission of the (1) a delay in or lack of performance by or on behalf of the named Insured named insured or any of his employees, other than general supervision of of any contract or agreement, or work performed for the named Insured by the designated contractor; (2) the failure of the named Insured's products or work performed by or on (over) behalf of the nomad Inured to meet the level of performance, quellty Cewrogo A—The total liability of the comps�r for all demo es, Including fitness or durability warranted or represented by the named lam ; damages for care and loss of services,because of lly lajrrr sus�ained by one or more persons n the result of any one ecovinNes snail not exceed the limit but this exclusion does not y to loss of use of other tangible property of bodily Injury liability stated in the schedule as applicable to"each oeoorrease". resulting from the sudden an:INcldental phrsical injury to or destruction of mimed ed lase od's pfehols w work Performed 6y or on behalf of the Co"roge D—The total liability of the company for all damages because of all Named imsund after such products or work have been put to use by any property damage sustained by one or more persons or organizations as the result person or organization other then an lmrN, of any one oceurrence shall not exceed the limit of property damage liability II PERSONS INSIfItEM stated in the schedule as applicable to"each eecarreece". Each of the following Is an World under this policy to the extent set forth Subject to the above provision respecting "each Item. NW', the total below; liability of the company for all damages because of all properly damage to which this coverage applies shall not exceed the limit of pro d~ liability (a)if the named insured is designated in the declarations as an individual,the person stated in the schedule as "aggregate". if more than one pro ect Is designated so designated and his spouse;, in the schedule, such aggregate limit shall apply separately wi h respect to each project. (b) If the named Msared is designated in the declarations as a partnership or joint venture, the partnership or hint venture so designated and any partner or member thereof but only wi respect to his liability as such; Coverages A and IN*y the purpose of determining the limit of the company's ro- e all bodily iNpp��ry and pro�lrty /garage arising out of continuous or re- (c) If the Namt/htsuro/Is dnignated in the declaration n other than an indivld• Dented exposure to substantially the same general conditions shall be considered as arising out of one occurramce. ual, partnership or joint venture the organization so designated and any executive officer,director oustockholder thereof while acting within the scope IV. ADDITIONAL 1191111111111011111 of his duties as such;and (d) arry person (other than an+employee of the No1 a1 hrsure4 or organization ften used In reference to this insurance (including endorsements forming a while acting n feel estate manager for the Named Insure/. part of the policy): "mfk" Includes materials, parts and equipment fumished in connection there. ili. LIMITS OF LMBHJ ► i! with. Regardless of the number of 11)INmils under this poll �r,(2)parsons or organi- V �� lilitilimil rations who sustain bedify M or WWrty damage,or(3l claims made or suns brought on account of N/ify MjM or property damage,the company's liability Is ThIs pulley applies only to bodily I*q of properly damage which own limited n follows: ! within the poikny toff". i (r'M GL 99 17 • ' (Ed. 03 81) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) ® Endorsement effective Policy No, Endorsement No. Named Insured Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE AMENDMENT--LIMITS OF LIABILITY (Single Limit) (Individual Coverage Aggregate Limit) SCHEDULE covers a Limits of Liability Bodily Injury Liability and Property Damage Liability $ 800 ,000 each occurrence $ Sao 000 aggregate It is agreed that the provisions of the policy captioned "LIMITS OF included in subparagraph (2) below; LIABILITY"relating to Bodily Injury Liability and Property Damage Lia- bility are amended to read as follows: (2) all property damage arising out of and occurring in the course LiMiTS OF LIABILITY of operations performed for the named insured by independ- ent contractors and general supervision thereof by the named Regardless of the number of(1)insureds under this policy,(2)persons insured,including any such property damage for which liabili- or organizations who sustain bodily injury or property damage,or (3) ty is assumed under any incidental contract relating to such claims made or suits brought on account of bodily Injury or property operations,but this subparagraph(2)does not include prop- damage,the company's liability is limited as follows: erty damage arising out of maintenance or repairs at premises Bodily Injury Liability and Damage Liability: owned by or rented to the named insured or structural altera- ty arty g ity: tions at such premises which do not involve changing the size (a) The limit of liability stated in the Schedule of this endorsement of or moving buildings or other structures; as applicable to"each occurrence" is the total limit of the com- (3) if Products--Completed Operations Insurance is afforded,all pany's liability for all damages including damages for care and loss bodily injury and property dame a included within the sum of services because of bodily injury and property damage sustained ty by one or more persons or organizations as a result of any one feted operations hazard and al bodily injury and property occurrence,provided that with respect to any occurrence for which damage included within the products hazard; notice of this policy is given in lieu of security or when this policy (4) if Contractual Liability Insurance is afforded, all property is certiOf as proof of financial responsibility under the provisions damage for which liabilittyy is assumed under any contract to of the Motor Vehicle Financial Responsibility Law of any state or which the Contractual Liability Insurance applies. province such limit of liability shall be applied to When the sepa- rate limits required by such law for Bodily Injury Liability and Such aggregate limit shall apply separately: • Property Damage Liability to the extent of the coverage required by such law,but the separate application of such limit shall not (i) to the property damage described in subparagraphs(1) increase the total limit of the company's liability. and (2) and separately with respect to each project awa (b) Subject to the above provision respecting"each occurrence", the i suredom premises owned by or rented to the named total liability of the company for all damages because of all bodily Injury and property damage which occurs during each annual (ii) to the sum of the damages for all bodily injury and period while this policy is in force commencing from its effective property damages described in subparagraph (3);and date and which is described in any of the numbered subparagraphs below shall not exceed the limit of liability stated in the Schedule (iii) to the property damage described in subparagraph (4) Of this endorsement as "aggregate": and separately with respect to each project away from (1) all properly damage arising out of premises or operations premises owned by or rented to the named insured. rated on a remuneration basis or Contractor's equipment rat- (c) For the purpose of determining the limit of the company's liability, ed on a receipts basis, including prope►lY damage for which all bodily Injury and property damage arising out of continuous or liability is assumed under any incidental contract relating to repeated exposure to substantially the same general condition shall such premises or operations,but excluding property damage be considered as arising out of one occurrence. GL 99 17 03 81 Iowa National Mutual Insu .r Rapids, Iowa—General Liability Automobile Daily Report Billed ---1 .1. r _.. _... ....- - --------1 Premium = � Premwm >' Premium =_ Corn ',,, I Com "J� Corn r Aaency Coda Broker Previous Policy No • I Net $ — I � — ------ -- item DECLARATIONS 1. Agency Panel M Kolbe, Inc. At Jefferson City, Mi s><ssoil i _----- Policy No. GLA 68 G U J J 2 NAMED INSURED City of Jefferson Dot. of Public Works Address and Zip Code 911 E Millar St. Jefferson City, hisslallri 65101 12 01 A.M.,.iANDARO�1 IiT THE ADDRESS Z. Policy PHbd: Of THE NAMED INSURED A5 S1ATLO NENEIN Frem: .r TO 3. The named Insured is: ❑ Individual ❑ Partnership ❑ Corporatlon ❑ Joint Venture Other 4. Business of the named Insured is 5. Audit Period: Annual ❑ Semi•Annual ❑ Quarterly ❑ Monthly-- ❑ None S. The insurance afforded is only with respect to the following Coverage Parl(s) indicated by speclllc premium charge(s). Coverage Advance Coverage Part(s) Part 1,111s) Premiums ]m I Automobile Medical Payments Insurance $ Isis Automobile Physical Damage Insurance —` $ f1 O Basic Autolnobsle Liability Jpsurance $ Comprehensive Automobile Liability Insurance Comprehensive General Liability Insurance $ IScomprehensive Personal Insurance $ Farmer's Comprehensive Personal Insurance $ Garage Insurance $ Manufacturers' and Contractors' Liability Insurance $ Owners',Landlords' and Tenants' Liability Insurance Z Premises Medical Payments Insurance Z Uninsured Motorists Insurance = i Form-numbers oi endorsements, ndorsemant Premlum S other than those entered on - Coverage Part(s),attached at issue Total Advance Premium for this policy $ It Policy Period is more than one year: Premium is payable: On effective date of policy ; 1st Anniversary $ 2nd Anniversary $ Countersigned 7_.____190— C/ uthorirad RaDruentat' • HP 6646 PART 2 SERIES 2(11-74) Fidelity and Deposit Comp* an*y HOME OFFICE OF MARYLAND BALTIMORE, AID. 21203 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That...Wi1l.ard. Stockman..Construction,.Co. ,.._Inc..,...1402...Stadium.,...Jefferson..Cty,,.•MO..,.. 65101 (here inert the name and address or legal title of the Contractor) ... .t. .. ..... .. .......... .......................................... as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of XTaryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly hound unto........................................................................................ City.of_.Jefferson................................. ......................................, ............................................................................. (Here insert the name and addtess or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of...Thi.rty.-Five...Thousand...Three_.Hundred_.Thirty-Four..and...901100-- ---_-- -------------------------------------------------------------------------------- ............................................................................................................................................................................................ Dollars 8...35,334.90----------- ( ... ................................I for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated...December...15.9.....................................1983..., matere into a gontr t with O%yner for sanitary sewer, Phase II: Tanner Badge Road, d .......... ...... in Extension-fi ora Drive, Stadium Boulevard, and....Dogwood...Orive, ............................................................................................................................................................................................ .................•--........--------.----......................................................--.--....................................--......-----•..........--.......------...----...... in accordance with drawings and specifications prepared by.................................................................................... ......................................................... ................................................................................................................................. (Here insert full name,title and address) which contract is by.reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDI'T'ION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than Othe Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this.....................15th ............................day of.............. 19.83.E In the presence of: W 11ard Stockman C.on. ..s.truction. . . . ... Co. . .. . ...... ... . .. . .......?..( criL) Principal By . .... ,. . , --........... ..................... .V.f0 FIDELITY AND DEPOSIT CO P Y OF MARYLAND By .. ..... .................(SE;AQ t 'rri ,y �i� act C309e-20M,12.75 199717 Approved by The American Institute of Arcldlvcli,A.I.A. Document No.A-511 February 1970 Edition. Fidelity d Deposit C an HOME OFFICE OF MARYLAND BALVAIORE, AID. 21203 Labor anti Material Payn>tent Bond (Vote: This bond is issued simultaneously with Performance Mond in favor of the owner conditioned on the hull and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: Tllat.W.i.1l.ard..Stockman..Gonstructi.on..Cn..,...Inc......1.4.02...Stadium.,...Jeffersan...Ci ty.....MO....... 65101, (llere Insert the name and address or Ideal title of the contractor) .....................................................................---.................................................................................................................... as'Principal, hereinafter called Principal, and hiDrLITV AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound Unto....................................................................................... City of Jefferson -•................................................................................................ ...... .......................... ......................................................., (Here insert the name and address or tegtl title of(fie Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of...Thi.rty-Five.-Thousand..Three..flu ndred..Th.i.rty.-Four..an.d..90%10G-nr:M---.--- ------------------------------------------------------nn------------------------ .......................................................................................... ............................... , (Here insert a sum equal to at least one-half of the contract price) Dollars ($. .5, .34...90- --.-`-..-), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated....--..December...15....................................19..$3., entered into a contract with Owner for...1983...s.alai.ta.ry...se.we r...R ha.s.0...11.;.....Tanner..Oridge... oad, Main Extension-Flora._Drive.,.._Stadium Boulevards and_.Dogwood Drive, in accordance with clra�aings and specifications prepared b}•.................................................................................... ------••---•...................................................................................................................•------................... .................................. (Ilere insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOR', THEREFORE, THE CONDI.1-I0N OF THIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water,gas,power, light, heat, oil,gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety (90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal, the Owner,or the Surety above named,within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety,at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof,is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this....................1.5th...............................day of..........December....................A.D. 198.3.. In the presence o!: i1.la.rd...Stockman•.Construction. Co-.-,...19FAL) Principal .................................................................................. Y.;..............................I.......................................................... Title h'IDELITY AND DE 'OSIT COi\'IPANY OF MARYLAND llU� .................... B5... ... ................(SEAL) .. .. . ... .... . .. . . .. . . . . . . . or e in Fac ilc C30904-201,12.73 199717 Approved by The American hutitme of Architecto.A.1.;\. Document No,A-311 Fcbniary I�i70 l:ditlatt. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President.or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice.Presidents,Assistant Vice•Prea�dents and Attorneys•in•Fact as the business of the Com�any may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognitances, stipu ations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the natureof mortgages....and to affix the seal of the Company thereto." does hereby nominate constitute and appoint William A. Norman, Mary Ann Neutzler, David E. Presley and Joy L. Mealy, all of Jefferson City, Missouri, EACH... ... t s rue and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act anddeed:any and all bonds and undertakings.. . . .. . . .0 . 6. ... . .0.. ........ . n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md.,in their own proper persons. This power of attorney revokes those issued on behalf of William A. Norman, etal, dated, July 20,1982 and on behalf of Joy L. Mealy, dated, January 13, 1981. The said Assistant Secretary does hereby certify that the aforegoing is s true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .......?2nd ............day of................Fe ruary......................,A.D. 19.13... ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL mr (�.9 ....L.•' y e.............................. . ............................... B ..................... ............... Assistant Secretary I�iee• e>idatt STATE OF MARYLAND SS; CITY OF BALTIMORE } On this 22nd day of February ,A.D.19 83 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDEUTY AND DEPOSIT COMPANY OFMARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above written. o•Nora+ s r .. Notary u Co on Expires.. .....X.....t.............. . _ Jul 1 1986 4 , +a CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED;"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appwring upon a certified copy of any Bower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' 15th • IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this...................... day of......December..........................19.... 3. ............. . ... ............................ ............................ 1,11211.—Cff.—079-5096 Afuutttat Secretary FOR YOUR PRO'1'E4CT1O 1,00 K FOR '1'1II? F& WAIT"