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ORD10661
NIEMEN BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERIC TO EXECUTE A CONTRACT WITH MONTGOMERY ELEVATOR COMPANY OF KANSAS CITY, MISSOURI, FOR ELEVATOR MAINTENANCE SERVICE, BE IT ENACTED BY THE COUNCIL, OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS s Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute a contract with Montgomery Elevator Company of Kansas City, Missouri, for elevator maintenance service for the sum of $8581.68 plus hourly amounts and equipment charges for repair work. Section 2. The agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed `j �G Approved � 7 'W —�6�PRE�S IN OFFICER MAYOR ATTEST: Z4��=e ��h CITY CLERK t t SERVICE AGREEMENT -Is Agreement made and entered this day of .e.-, 1986, by and between The City of Jefferson, Missouri, a dunicipal corporation, hereinafter referred to as "City, " and Montgomery Elevator Company, hereinafter referred to as "Contractor. " WHEREAS, City and Contractor desire to terminate and cancel all present agreements and understandings by and between them, and in lieu thereof to enter into this Agreement, and WHEREAS, Contractor is willing to enter into this Agreement with respect to his employment and services upon the terms and conditions herein set forth, NOW, THEREFORE, be it agreed as follows: � 1. Scope of Work. The work under this Agreement shall consist of Full Service for two (2 ) hydraulic passenger elevators located at the John G. Christy, and Thomas Whitecotten Buildings . ' It also includes rate for service on seven ( 7 ) elevators located at Walnut Street, Belau, Riverside, Moreau, Chestnut, r Westinghouse pumping stations and Lasallette Apartments. a t \ CONTRACTORS FULL MAINTENANCE SERVICE REQUIREMENT To maintain the elevator equipment herein described, using skilled elevator maintenance men, employ all reasonable care to see that the elevator equipment is maintained in proper operating condition. To regularly and systematically examine, adjust, lubricate, as required, and if conditions warrant, unless specifically excluded elsewhere in this contract repair or replace the following: Elevator pump, motor, plunger, plunger packing, V-belts , strainers, valves, regulators, controllers including relays, contacts, timers, coils, magnet frames and control wiring. Relamp all signals during regular service time only. To repair and/or replace traveling cable when necessary; replace car guide shoes, gibs, and/or rollers when necessary to insure proper operation, and keep the guide rails properly lubricated, when applicable. The following accessory equipment will be examined, lubricated, adjusted, repaired and/or replaced by Contractor. Door operator, car and hoistway door hangers and tracks, car door contacts, and door protective devices, all door gibs , car and corridor operating stations, alarm bell and buffers . To conduct a pressure relief test and a yearly leakage test as r t required by A.N.S.I. A-17 Code. Contractor will assume no responsibility for the following terms of elevator equipment which are not included in this contract: Refinishing, repairing or replacement of car enclosure, fan, gates, and/or doors, hoistway enclosure, rail alignment, hoistway doors, door frames and sills, hoistway gates, finished flooring, car lighting, power feeders, switches, their wiring and fusing, hydraulic cylinder, and underground piping. 2. Contract Period. This contract shall be in effect from April 26,1986, through April 25, 1987 . At the City's sole discretion the contract may be extended through April 30, 1989, on the same terms and conditions. Any extension of the contract is subject to an increase in rates provided the same are requested by Contractor in writing delivered to the City more than forty-five (45) days prior to the contract expiration. 3 . Response Time. Some repairs under this contract are of an emergency nature. Contractor shall respond within one and one-half ( 1�) hours to any and all service requests pertaining to the elevators of the City or of other requests which are designated as emergency repairs . 4 . Prevailing Wage Law. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor. and Industrial Relations of Missouri, pursuant to Sections 29,0.210 through 290.340 inclusive, RSMo. 5. Rates . Service will be provided at the following rates : John G. Christy Building - $124 .50; Thomas Whitecotton Building - $131.52 ; Hourly rate - $59 .50; and Overtime Rate Time and One Half - $89 .25 Any labor provided between the hours of 5: 00 p.m. through 8:00 a.m. Mondays through Saturdays shall be charged at a rate 1� times the above rates . Any labor provided between 12:01 a.m. Sundays through 8:00 a.m. Mondays shall. be at a rate two times the above rates. r 6. Parts and Materials . City shall provide materials and supplies necessary to complete the work unless City elects not to so provide. In the event the City does not provide materials or supplies, the Contractor shall provide the same and will be reimbursed for his costs for which he shall provide invoices. 7 . Unclassified Work. Should the nature of a repair require labor, equipment and/or material not susceptible to classification under any items scheduled in the contract, the City can authorize the use of the unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and the repairs plus reasonable travel. time and will consist of the individual's hourly rate plus hourly fringe benefits plus employer's payroll contributions with a fifteen percent ( 15%) additional for overhead and profit. ` Payment for equipment not susceptible to classification under any scheduled items in the contract, will be limited to: a. For equipment rented by the vendor: the actual rental paid. b. For equipment owned by the vendor, the monthly rental rate charged by recognized rental organizations times the number of hours the equipment was necessary for repairs plus reasonable travel time from the storage location to the site, all divided by one hundred seventy-six (176) hours . Payment for material not susceptible to classification under any scheduled items in the contract, will be the actual invoice cost to Contractor. Prior 'to payment being authorized, the Contractor shall submit an itemized breakdown of the unclassified labor, equipment and/or. material. The breakdown shall include information and documentation sufficient to substantiate the Contractor's claim. 8. Inspection. Unless the nature and extent of the work is known to the City, the Contractor will first receive a request to inspect the proposed work and provide a written report of the following to the Director of Planning and Code Enforcement (Director) : a. Description of the work necessary. b. A list of the materials, parts, and supplies needed to complete the work. C. An 'est'imate of work hours . 9. Authorization to Repair. Once the Director determines the estimate of work hours and material, parts and supplies required are reasonable, the report will be forwarded to the appropriate department for preparation of a requisition for the work. Upon receipt of the purchase order, or purchase order number for the work, the Contractor may begin work as soon as the materials, parts and supplies are made available. In the event. that the repair- is of an emergency nature, Contractor shall proceed to make the repair as expeditiously as AMk possible and secure all necessary paperwork after the repair is completed. • 10 . �-►al t�or:e :,.*.ours. The quantity of work dux no=al work hour s�or which payment will be made will be the number of • work man hours actually permormed at the site. Payment for no=al work hours will be paid for the quantity as above dete::aned at the unit .price shown above, which price includes cost 'cf labor, e.ulp went normally associated with the type of mega i°•► travel, benefits, overhead, profit, insurance and all else necessa.:v therefor and incidental thereto. 11. ©ve� me Work :ours. a, T.ae c~,sant-t;� of work d",--ng the overtime worst hours .6 om 5 :00 P.M. through 8:00 A.:4. for which, payment will be made will be the number of overtime work man 'hours actually pe_foed at the sits. Payment for overt:..;te wo_ti hc=s d=ing this period will be a add for the quantity as above deter-mined at one and one-half (1 times t h0 unit price, which price includes cast of labor, e—csipment normally associated with tine type of repai.:s, ,-avel, benefits, overhead, profit, insurance and all else necessary thereto= and incidental thereto. b. The quantity of worst during overtime worst hours from 12:01 A.M. Sunda-ys through 8:00 A.M. • Monday for which pa_rraent will be made will be the number of overti.ne work man hours acZ'.1ally performed at the S-6- Payment 6 for t.-,-is over;.-..•ae work wi11 be paid for the quantity as above deta—in ed at twice the unit price, which price includes cost of labor, equipment nc=ally associated with the tr`e of :epaixs, towel, benefits, overhead, p_oflt, insurance and all else necessa_7 therefor and nci�?e:•�tal th.eretc. **12. Insurance. The Contractor shall furnish certificates of the types of insurance indicated below. The City must be specifically named as an additional insured under the policies for the puraose of this contract. This certificate must be returned with the signed cont=act. Tv—e Limits • Genera! Liability 100,000/800,0'00 Can actura? Insurance 100,000/800,000 Worker's Compensation Statutorr Bodily inju_�• 100,000/600,000 _ . P=aper`y Damage 100,000/800,000 ` 13 . Payment. Payment shall be made to Contractor by Gitlr • on a monthly basis following the submission by Contractor of an itemized, detailed statement of, se,vices rendered which shall be presented to the Finance Department of City no late: than the Sth � . • day of the month following rendition or the service. 14, Service Reoart. Upon- completion 'of any service under . the terms o: this contract, Contractor shall provide City with a # In lieu of naming'*the'Owner as additional insured on our Comprehensive General' . Liability Insurance, we are furnishing an Owner's Protective Liability Polia'y in the name of the Owner. written service report indicating what service was performed including a schematic diagram showing the repair or maintenance. 15. Specifications Incorporated. The bid specifications for this contract are hereby incorporated and made a part of this contract except: to the extent they conflict with the provisions of this contract. The provisions of this contract shall prevail over .a.ny other documents involved in the contracting process. 16. Failure to Perform. Should Contractor -fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions, this contract may be cancelled at the sole option 'of the City upon giving -ten ( 10) days ' written notice to Contractor. 17 . Cancellation. This contract shall be subject to cancellation by the City at any time following forty-five (45 ) days ' notice. 13. Contractor's Responsibility Limitations. Contractor shall not be obligated to make other safety tests, or to install new attachmetns whether or not recommended or directed by insurance companies, or by federal, state, municipal, or other governmental or non-governmental authorities. Contractor shall not be required to make renewals or repairs necessitated by the negligence, misuse or obsolescence of the equipment or any other cause beyond its control except ordinary wear and tear. 19 . Notices . All notices, consents , authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by hand or mailed by first class United States mail, postage prepaid, if to the owner to 320 E. McCarty, Jefferson City, Missouri 65101, and if to the Contractor 430 West 7th Street, Kansas City, Missouri 64105 . IN WITNESS WHEREOF the parties hereto have set their hands and seals on the day and year first above written. CITY OF. JEFFERSON, MISSOURI By ayor ATTEST: City Clerk S, dill ale er ATTEST:. ,. .... .. .. �}s�� e c r e t a r y montgemepy PLEASE REPLY TOt 30 - 20th Street Moline, IL 61.265 LETTER OF TRANSMITTAL To: City of .Jefferson City Date December 1, 1986 320 E. McCarty_ Subject John G. Christy & Thomas Whitecotten Jefferson City, MO Buildings Our 032-0727 Gentlemen: CX We send you: IN Enclosed ❑ Separately ❑ We now follow up our Letter of Transmittal of regarding QUANTITY DESCRIPTION PURPOSE 1 Owner's and Contractor's Protective Liability Policy Remarks: • The following remarks apply to this transmittal approval data. • The following remarks do not apply to this transmittal. Please process and return this transmittal data completely approved by .If your approval Is partial and/or Incomplete,or If a resubmission is required,manufacturing and/or delivery may be delayed. Vory truly yours COPIESTO: ___.___ MONTGOMERY ELEVATOR COMPANY By I.,inda Thornbloom W37 Montgomery Elevator Company / Elevators & Escalators I Moline, Illinois 61265 309 1 764-6771 Fenn em Printed In u.s., 09�d�R5' A�0 CO�T��OTOR�' �ROTC�i�� LIABILITY POLICY THIS POLICY IS CLASSIFIED IN DIVIDEND CLASS 1 GENaRAL CLASS COVIRAGI FOR OPERATION% OF DESIGNATED CONTRACTOR • The named insured is hereby notified that by virtue of this policy he is a member of Liberty Mutual Insurance Company and is entitled to vote either in person or by proxy at any and all meetings of said company. MV A UAL 0 The annual meetings are held at its home LIBERTY MUTUAL INSURANCE COMPANY • BOSTON office, Boston, Massachusetts, on the third Wednesday of April in each year, at ten o'clock in the morning. FOR PROMPT INSURANCE SERVICE—CALL YOUR SERVICE OFFICE (A mutual insurance company, 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: CO`nRA.GE A—BODILY INJURY LIABILITY (g) to bodily injury or property damage due to war, whether or COVERAGE B=—PROPERTY DAMAGE LIABILITY not declared, civil war, insurrection, rebellion or revolution The company will pay on behalf of the insured all sums which or to any act or condition incident to any of the foregoing, the insured shall become legally obligated to pay as damages be- with respect to (1) liability assumed by the insured under an cause of incidental contract, or (2) expenses for first aid under the Coverage A. bodily injury or Supplementary Payments provision of this policy; Coverage 13. property damage (h) to bodily injury or Property damage arising out of (1) the ownership, maintenance, operation, use, loading or unload- to which this policy applies, caused by on occurrence and arising ing of any mobile equipment while being used in any pre- out of (1) operations performed for the named insured by the arranged or organized racing, speed or demolition contest or contractor designated in the declarations at the location designated in any stunting activity or in practice or preparation for any therein or(2) acts or omissions of the norned insured in connection such contest or activity or(2) the operation or use of any snow- with his general supervision of such operations, and the company mobile or trailer designed for use therewith; shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or (i) to bodily injury or property damage arising out of the dis- property damage, harge, dispersal, release or escape a mage, even if any of the allegations of the suit are smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste groundless, false or fraudulent, and may make such investigation mores, a or other irritants,chemicals, liquids or pollutants into and settlement of any claim or suit as it deems expedient, but the materials land, the atmosphere or any water course or body of company shall not be obligated to pay any claim or judgment or defend any suit after the applicable limit water; but this exclusion does not apply if such discharge, liability the company's lability has been exhausted by poymant of judgments or settle- dispersal, release or escape is sudden and accidental; ments. (j) to loss of use of tangible property which has not been physically injured or destroyed resulting from Euclu:cans (1) a delay in or lack of performance by or on behalf of This policy does not apply: the nemed insured of any contract or agreement, or (a) to liability assumed by the insured under any contract or (2) the fodlure of the named Insured's products or work per- agreement except an incidental contract; but this exclusion formed by or on behalf of the named insured to meet the does not apply to a warranty that work performed by the level of performance, quality, fitness or durability war- designated contractor will be done in a workmanlike manner; ranted or represented by the nomad insured; (b) to bodily Injury or property damage occurring after but this exclusion does not apply to loss of use of other (1) oil work on the project (other than service, maintenance tangible property resulting from the sudden and accidental or repairs) to be performed by or on behalf of the named physical injury to or destruction of the named insured's insur&d at the site of the covered operations has been products or work performed by or on behalf of the named completed or insured after such products or work have been put to use by (2) that portion of the designated contractor's work out of any person or organization other than an insured. which the injury or damage arises has been put to its intended use by any person or organization other than SUPPLEMENTARY PAYMENTS �lp another contractor or subcontractor engaged in performing The company will pay, in addition to the applicable limit of operations for a principal as a part of the some project; liability: (c) to bodily injury or preparty damage arising out of any act or (a) all expenses incurred by the company, all costs taxed agoinsl omission of the named insured or any of his employees, other the insured in any suit defended by the company and all than general supervision of work performed for the nomad interest on the entire amount of an ud menP therein which insured by the designated contractor; y ) g may (d) to on obligation for which the insured or an carrier as his accrues after entry of the judgment and before the company insurer be held liable under any workmen's compensation, has paid or tendered or deposited court that part of the Judgment which does not exceed the a limit of the company's unemployment compensation or disability benefits low, or under any similar law; liability thereon; (b) premiums on (e) to bodily injury to any employee of the insured arising out of bonds required any such suit, pre- and in the course of his employment by the insured or to any miums on bondds s t to o release attachmentis s in any such suit for obligation of the insured to indemnify another because of an amount not in excess of the applicable limit of liability of g this policy, and the cost of boil bonds required of the insured damages arising out of such injury; but this exclusion does not because of accident or traffic law violation arising out of the apply to (lability assumed by the Insured under an Incidental use of any vehicle to which this policy applies, not to exceed eantva,:t; b2SO per bail bond, but the company shall have no obligation (f) to pror►er4y darwde to to apply for or furnish any such bonds; (1) property awned or occupied by or rented to the Insured, (c) expenses Incurred by the insured for first aid to others at the NW (2) property used by the insured, time of an accident, for bodily injury to which this policy (3) property in the tare, custody or control of the insured or applies; as to which the insured is fAr any purpose exercising (d) reasonable expenses incurred by the insured at the company's physical control, or request in assisting the company in the investigation or defense (Q) work performed for the insured by the designated con- of any claim or suit, including actual loss of earnings not to tractor; exceed $25 per day. ul'Q 2851 R4 LX PAGE i (12 1 82) Printed in U.S.A r ENORMOUS i PERSONS INSURED (2) International waters or air space, provided the bodily Injury Each of the following Is an Insured under this policy to the ex. or property damage does not occur In the course of travel or tent set forth below: transportation to or from any other country, state or nation; or (a) if the named insured Is dr-signoted In the declarations as an (3) anywhere in the world with respect to damages because of Individual, the person so designated and his spouse; bodily injury or property damage arising out of a product (b) if the named Insured is designated In the declarations as a which was sold for use or consumption within the territory partnership or joint venture, the partnership or joint venture described in paragraph (1) above, provided the original suit so designated and any partner or member thereof but only for such damages is brought within such territory; with respect to his liobility as such; "property damage" means (1) physical Injury to or destruction (c) if the named insured is designated in the declarations as other of tangible property which occurs during the policy period, in- than an ird;vldual, partnership or joint venture, the organize- eluding the loss of use thereof at any time resulting therefrom, or tion so designated and any executive officer, director or stock- (2) loss of use of tangible property which has not been physically holder thereof while acting within the scope of his duties injured or destroyed provided such loss of use is caused by on as such; and occurrence during the policy period; (d) any person (oth(,r than an employee of the named insured) "work" includes materials, parts and equipment furnished in or organization while acting as real estate manager for the connection therewith. named insured. V LIMITS OF LIABILITY CONDITIONS VII JJiill VV Regardless of the number of (1) insureds under this policy, Premium All premiums fer this policy shall be computed in ac (2) persons or organizations who sustain bodily injury or property cordance with the ccmpany's rules, rates, rating plans, premiums damage, or(3) claims made or suits brought on account of bodily and minimum premiums applicable to the insurance afforded injury or property damage, the company's liability is limited as herein. follows: premium designated in this policy as "advance premium" is a Coverage A—The total liability of the company for all damages, deposit premium only which shall be credited to the amount of the including damages for care and loss of services, because of bodily earned premium due at the end of the policy period. At the close injury sustained by cne or more persons as the result of any one of each period (or part thereof terminating with the end of the occurrence shall not exceed the limit of bodily injury liability policy period) designated in the declarations as the audit period stated in the declarations as applicable to "each occurrence". the earned premium shall be computed for such period and, upon Coverage 0—The total liability of the company for all damages notice thereof to the named insured, shall become due and payable. because of all prcperty domage sustained by one or more persons If the total earned premium for the policy period is less than the or organizations as the result of any one occurrence shall not ex- premium previously paid, the company shall return to the named ceed the limit of property damage liability stated in the declara- insured the unearned p^rtion paid by the named insured. tions as applicable to "each occurrence". The named insured shall maintain records of such information Subject to the above provision respecting "each occurrence as is necessary for premium computation, and shall send copies of , an y h at the end of the polio d records to the company the total liability of the company for all damages because of all p 1 y period and at property damage to which this coverage applies shall not exceed such times during the policy period as the company may direct. the limit of prrpetty damage liability stated in the declarations as Inspection and Audit The company shall be permitted but not "aggregate". If more than one project is designated in the obligated to inspect the named insured's property and operations schedule, such aggregate limit shall apply separately with respect at any time. Neither the company's right to make Inspections nor to each project, the nicking thereof nor any report thereon shall constitute on Coverages A and B—For the purpose of determining the limit undertaking, en behalf of or for the benefit of the named insured of the company's liability, all bodily injury and property damage or others, to determine rr warrant that such prcperty or operations arising out of continuous or repeated exposure to substantially the are safe or healthful, or are in compliance with any law, rule or som^ general conditions shall be considered as arising out of one regulation. occurrence. The company may examine and audit the named insured's books �fPOLICY TERRITORY and records at any time during the policy period and extensions VV thereof and within three years after the final termination of this This policy applies only to bodily injury or property damage policy, as far as they relate to the subject matter of this insurance. which occurs within the policy territory. Insured's Duties in the Event of Occurrence, Claim or Suit VDEFINITIONS (a) In the event of an occurrence, written notice containing par- ��yy ticulars sufficient to identify the insured and also reasonably When used in this policy (including endorsements forming a obtainable information with respect to the time, place and part hereof): circumstances thereof, and the names and addresses of the "bodily injury" means bcdily injury, sickness or disease sus- injured and of available witnesses, shall be given by or for the tained by any person which occurs during the policy period, includ- insured to the company or any of its authorized agents as soon ing death at any time resulting therefrom; as practicable. "incidental contract" means any written (1) lease of premises, (b) If claim is made or suit is brought against the insured, the (2) easement agreement, except in connection with construction insured shall immediately forword to the company every or demolition operations on or adjacent to a railroad, (3) under- demand, notice, summons or other process received by him taking to indemnify a municipality required by municipal ordi- or his representative. nance, except in connection with work for the municipality, (4) (c) The insured shall cooperate with the company and, upon the sidetrack agreement, or (5) elevator maintenance agreement; company's request, assist in making settlements, in the conduct "Insured" means any person or organization qualifying as an of suits and in enforcing any right of contribution or indemnity insured in the "Persons Insured" provision of the opplicable in- against any person or organization who may be liable to the surance coverage. The insurance afforded applies separately to insured because of injury or damage with respect to which each insured against whom claim is made or suit is brought, except insurance is afforded under this policy; and the insured shall with respect to the limits of the company's liability; attend hearings and trials and assist in securing and giving "named insured" means the person or organization named in evidence and obtaining the attendance of witnesses. The Item 1 of the declarations of this policy; insured shall not, except pt his own cost, voluntarily make any payment, assume any obligation or incur any expense other "occurrence" means an accident, including continuous or re- than for first old to others at the time of accident, peated exposure to conditions, which results in bodily injury or Action Against Company No action shall lie against the company property damage neither expected nor intended from the stand- unless, as a condition precedent thereto, there shall have been full stand- point of the insured; compliance with all of the terms of this policy, nor until the amount policy territory" means: of the insured's obligation to pay shall have been finally deter- (1) the United States cf America, its territories or possessions, mined either by judgment against the insured after actual trial or or Canada, or by written agreement of the insured,the claimant and the company. PAGE 2 Any person or organization or Jhe,igggJ, representative tlwroaf *In any part orth(s policy or estop the company from ossertirig any who has secured such Judgment or written agreement shall there• right under the farms of this policy; nor shall the terms of this after be entitled to recover under this policy to the extent of the policy be waived or changed, except by endorsement Issued to form Insurance afforded by this pollsy. No person or organization shall a part of this policy, signed by the President or a Vice President, have any right under this polity to Join the company as a )art yy to and the Secretary or an Assistant Secretary of the company and, any action against the Insureed to determine the insured's flobillty, If such signatures are facsimile signatures, countersigned by a duly nor shall the company be impleadod by the Insured or his legal rep- authorized representative of the company. resentative. Bankruptcy or Insolvency of the Insured or of the insrsrid's estate shall not relieve the company of any of Its obliga- Assignment Assignment of Interest under this policy shall not tions hereunder, bind the company until Its consent is endorsed hereon; If how- ever, the named Insured shall die, such insurance as is afforded by Other Insurance The insurance afforded by this policy Is primary this policy shall apply (1) to the named insured's legal representa- Insurance, except when stated to apply in excess of or contingent tive, as the named insured, but only while acting within the scope upon the absence cl other insurance. When this insurance is pri- of his duties as such, and (2) with respect to the property of the mary and the Insured has other Insurance which is stated to be named insured, to the person having proper temporary custody applicable to the loss on an excess or contingent basis, the amount thereof, as insured, but only until the appointment and qualifica- of the company's liability under this policy shall not be reduced by tion of the legal representative. the existence of such other insurance. Three Year Policy If this policy is issued for a period of three When both this insurance and other insurance apply to the loss years any limit of the company's liability stated in this policy as on the some basis, whether primary, excess or contingent, the "aggregate" shall apply separately to each consecutive annual company shall not be liable under this policy for a greater propor- period thereof. tion of the loss than that stated In the applicable contribution Cancellation This policy may be cancelled by the named insured �� provision below; by mailing to the company written notice stating when thereafter (a) Contribution b £ eel Sfsarea. If all of such other valid and the cancellation shall be effective. This policy may be cancelled Y Q by the company by mailing to the named insured at the address collectible insurance provides for contribution by equal shares, shown in this policy, written notice stating when not less than ten the company shall not be liable for a greater proportion of days thereafter such cancellation shall be effective. The mailing such loss than would be payable if each Insurer contributes of notice as aforesaid shall be sufficient proof of notice. The effec- an equal share until the share of each Insurer equals the low- tive date of cancellation stated in the notice shall become the end est applicable limit of liability under any ono policy or the full of the policy period. Delivery of such written notice either by the amount of the loss is paid, and with respect to any amount named insured or by the company shall be equivalent to mailing. of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss If the named insured cancels, return premium shall be 90%of the until each such insurer has paid its limit In full or the full pro-rata unearned premium. If the company cancels,earned premium amount of the loss is paid, shall be computed pro-rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after (b) Contribution by Urnits. If any of such other insurance does cancellation becomes effective, but payment or tender of unearned net provide for contribution by equal shares, the company premium is not a condition of cancellation. shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and Declarations By acceptance of this policy, the named insured collectible Insurance against such loss. agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the 6 Subrogation in the event of any payment under this policy, the truth of such representations and that this policy embodies all company Shall be subtogated to all the insured's rights of recovery agreements existing between himself and the company or any of therefor against any person or organization and the insured sholl its agents relating to this insurance. execute and deliver Instruments and papers and do whatever else Is necessary to secure such rights. The insured shall do nothing Mutual Policy Conditions This policy is nonassessable. The �� after loss to prejudice such rights. policyholder is a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Changes Notice to any agent or knowledge possessed by any board of directors in accordance with the provisions of law, in the agent or by any other person shall not effect a waiver or a change distribution of dividends so fixed and determined. In witness whereof, the company has caused this policy to be signed by its President and Secretary at Boston, Mpssachusetts, and counter- signed on the declarations page by a duly authorized representative of the company. L SECRETARY PRESIDENT PAGE 3 Certificate of Insurance THIS CENT ItICATE M ISSU[0 AS A MATTER OF INFORMATION ONLY AND CONT'ERS NO RIGHTS UPON YOLI THE CERTIFICATE HOLDER THIS CERTIF ICATt IS NOT AN INSURANCE POLICY AND DOES NOT AMEND.EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW This is to Certify that = - Name and Montgomery Elevator Company .., address of MI.TTUAL 30 20th Street Insured. «...,«,,,.,..w.. a�..,=„rrw'"I" w.,,.lr."r.,., rn.,,..ub+eelem.trw,a wnrnrr w Moline, IL 61265 r„ L� it,at The issue dale of this certificate, insured by the Company under the pohcy(tes)listed below. *The insurance afforded by the listed policy(tes)is subject to Of their terms,eeclutions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate nnay be issued. TYPE OF POLICY CERT. EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COV. B LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT WORKERS' $ EA. ACCIDENT 6-30-88 WC2-645-004102-01 All States Except �o BODILY INJURY URY BY DISEASE COMPENSATION State Fund States $ 11000,000 EA. PERSON WC2-645-004102-02 California BODILY INJURY BY DISEASE $ 1,000,000 POLICY LIMIT r j COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE LJ SCHEDULE FORM EACH EACH $ XX OCCURRENCE $ XX OCCURRENCE ry�qq�� PRODUCTS COM- ,r� L'1 LETEDOPERATIONS $ XX AGGREGATE $ XX AGGREGATE ] Broad Form P operty Dam ge LU Z Ln X Personal In j ry u, INDEPENDENT CON COMBINED SINGLE LIMIT TRACTORS'CONTRAC• -30°'�$ RH2-645-004102-03 TUBS PRUttctlVE BODILY INJURY AND PROPERTY DAMAGE $ 1,000,000 EACH OCCURRENCE �] CONTRACTUAL 7,000 000 AGGREGATE LIABILITY $ t OlExplosion, C llapse & r �ndergrou nd azards. $ 2,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I, AND P.D. COMBINED 0 J OWNED AS2-645-004102-04 R1 NON OWNED 6-30-88 $ EACH ACCIDENT EACH ACCIDENT �l HIRED ,AE2-645-004102-05 $ OR OCCURRENCE S OR OCCURRENCE w X t-- O I.NA710N(S)Of OPERATIONS 8 JOB M(If A plicable) DESCRIPTION OF OPERATIONS Owners & Contr, Proc, Liability LXI-641-004102-075 Manufacturing, Installation & repair & service Limits per contract Specs. of elevators & related equipment. °NOTI Yt-..If N01 be norJ,ed wmvctnt of Ihr..... nrrh of rh,t co.etopr Yov will be not.f,rd d urn co.eropr,t rr—,,wed or tedw-d NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR John G. Christy & Thomas W h i t e c o t t e n REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS Bldg s . 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN 032-0727 MAILED TO: $9 , 217 . Expires : 4-30-89 F City of Jefferson City 320 E. McCarty --- AUTHGRIZED REPRESENTATIVE CERTIFICATE Jefferson City , MO December 1 , 1.986 H rht i OLLIER-� OATS ISSUED OFFIC7E' J Thn<e+hhcatr n t.oruted Ly 115fRTV MUIUAI INfAIRANCI COMPANY of te"cil such insurance m It offwd.d by Thai Company, a is e.ecuted by(tptRTY MUTUAI FIRt INSURANCE COMPANY at tetpe,n tech o,w,nncr w n offo,ded by Thu,CnngKSnt n n e.eturod by LIBERTY INSl1RAN-1 CORPORATION as t►tpects tvch rmvta,K*as is ollotdecl by Thar Company 55 745 R 1 OWNERS' AND CONTRACTORS' DECLARATIONS LIBERTY PROTECTIVE LIABILITY AC=NT No R AMTT JAL ' POLICY Ah 00 41 02 1.11MY MUTUAL Ie1URANCi COIe►slty•10fT0011 y p t�71ri 1 COOS .Aid{111F'�aSWA IVt CCOi N e 11T VaA{1 1 6 C ica a i 404 M. Tillotson = 8711 1 85 Item 1. Named Insured Owners and Contractors for whom Montgomery Elevator Company and its Subsidiaries is specifically required to provide insurance Address C/O Montgomery Elevator Company 30 20th Street, Moline, IL 61265 The named insured is: Individual(—], Partnership Q, Corporation 0. Other [:] .................................................... Ma Dar Year go. Var Year Item 2. Policy Period: From 6 30 85 to 6 30 88 12:01 A.M., standard time at the address of the named insured as stated herein. iis: At Expiration ®, Annual [], Semi-Annual ❑, Quarterly F], Monthly a, Flat Charge Item 3. trance afforded is only with respect to such of the following Coverages as are indicated by specific premium ;...a a 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 police having reference thereto. COVERAGES LIMITS OF LIABILITY ADVANCE PREbHUMS A—BODILY.INJURY LIABILITY 5 Per each occurrence S To Be Certificate B—PROPERTY DAMAGE LIABILI'T'Y $ Per Certifieachocctlrrence � Determined a$ifegate Per Certificate TOTAL ADVANCE PREMILAI AM Item 4. Designation of Contractor Montgomery Elevator Company 30 20th Street MaHing Address Moline, IL 61265 Location of Covered Operations All locations of the Named Insured where Montgomery Elevator is performing work. Cht:ck 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 bcconle payable under the terms of this policy. Item -5. Computation of Premium Premium Base—, Rates Advance Premiums _ Code Per $100 of Cost BndOy � Property Classifications No. Cost I— Bodily Proper.— In tart Damage Liability Liability is flit DatnaRe ��17 Lia�itity Liability To Be Determined To Be Determined itif-Minimum Premium The policy, including all endorsements issued therewith, is hereby countersigned y........................ .. ................................................... *4NOO* Authorised Representative i t�u i cr,alie 7aymant <atnie Uaau i .1udu Basis i Uome State 1 1101.il.t,, ltenrwa, ,,, I Accounting try �ja�, I,11-��,i ! R RR I I I IL I S I New D,vidend for at).Period C110 28,44 R!(1/li73)Wlnti4 In U.S.A. � f A14ENDATORY ENDORSEMENT It is agreed that this insurance applies to any person or organization, as a Named Insured, for whom Montgomery Elevator Company and its Subsi- diaries specifically is required to provide liability coverage under the terms of a contract with respect to which a certificate of insurance has been issued by the Company, but only with respect to operations while being performed by or on behalf of Montgomery Elevator Company and its Subsidiaries for such person or organization, and only to the extent of the limits of liability required by such contract and shown on such certi- ficate, but in no' event higher than $1,000,000 per occurrence and $7,000,000 aggregate. It is further agreed that this insurance does not apply to the liability of Montgomery Elevator Company and its Subsidiaries. This endorsement is executed by the company below designated by an entry in the box opposite its name Premium S ® LIBERTY MUTUAL INSURANCE COMPANY Effective Date Expiration Date ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy or Bond No. L$1-641-004102-075 ❑ LIBERTY INSURANCE CORPORATION rr11 Audit Basis A Ae4o,4-- 'n -�' L. Issued to �°y �- ticq LOC. 6 Countersigned by .................. ... .. ... .. ...... Ak Aul�on MprOiMtSIiM Issued Sales Office and No. End.Serial No. 1 10111 This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY,GENERAL LIABILITY AND MEDICAL PAYMENTS IN. SURANCE OTHER THAN FAMILY AUTOMOBILE. SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL IRtWAHCE. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Fora) It is agreed that; I. The policy does not apply: A. Under any Liability Coverage,to bodily injury or properly 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 W policy but for its termination upon exhaustion of its limit of liability;of (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,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 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 huardois properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage,to bodily injury or property damage resulting from the hazatdoas properties of nuclaar material,it (1) the nuclear tnatarial(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; (2) the nucie$r nistidal is contained in spent fuel of waste at any time possessed,handled,used.processed,stored,transported or disposed of by or on behalf of an insured;or (3) the W.ill injury or propaity damage arises out of the furnishing by an insured of services,materials,parts or equipment in connection with the planning,construction,maintenance,operation or use of any nuclear facility,but it 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. 11. As used in this endorsement: "horardous prrr}tertirs"include radioactive,toxic or explosive properties; "nuraciar material"means source material,spacial nuclear material or byproduct material; "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(a)containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content,and(b)resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. "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, (c) any equipment or device used for the processing, fabricating or alloying of spacial 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 titanium 235, (d) any structure,basin,excavation,premises or place prepare0 or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located,all operations ceiducted 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; "property damage"includes all forms of radioactive contamination of property. This endorsement is executed by the company below designated by an entry in the box opposite its name. Premium S ❑ LIBERTY MUTUAL INSURANCE COMPANY Effective Date Expiration Date ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy or Bond No. I Audit Basis / � �... � I...•� . Issued to run.•. +auarr LOC- 6 Countersigned by .. .... ...... ..... .......... . Authoriied RoprnonroUvf GL 2119 lslured Sales Office and No. End. Serial No. (6-19) Thi s endorsement modifies such in su ra nce as Is afforded the provisions of the policy relati ng to the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE AMENDATORY ENDORSEMENT Exclusion (h) is amended as follows: (h) to bodily injury or property damages 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 of activity, This endorsement is executed by the company below designated by an entry in the box opposite its name. Premium $ ❑ LIBERTY MUTUAL INSURANCE COMPANY Effective Date Expiration Date ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy or Bond No Audit Basis �!/ ,.,�� L 17sued t0 tc•tr.•. �rrt4otrr Loc. 6 Counterstgnag by .... . . ... . . ... . .... . . . . . .... ... . .......... ........ Autnonsaq Asofesfntattve Issued Sales Office and No End. Serial No. OL0025 (3.81)