HomeMy Public PortalAboutORD10693 BILL NO. �
SPONSORED BY COUNCILMAN -.c ..
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
' MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN
CONSTRUCTION CORPORATION FOR THE 1986 CURB AND GUTTER PROJECT,
PHASE V.
BE IT ENACTED BY THE CITY COUNCIL OF CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
4
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Willard Stockman Construction
Corporation for the 1986 Curb and Gutter Project, Phase V, for
the sum of $359,851. 00.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of it 's passage and approval.
Passed c t Approved
Wok
U �
C s d g Office May r
ATTEST:
ty Clerk
1
CONSTRUCTION CONTRACT
IS CONTRACT, made and entered into this ),?""' day of
19�_, by and between Wi i 1 �r� Stockman
Cons ru s.on Corpo ion 0 hereinafter called
"Contractor", and the City of Jefferson, Missotwi, a municipal
corporation, hereinafter called "City."
WITNESSETH: That Whereas, the Contractor has become the
-lowest responsible bidder for furnishing the supervision, labor,
tools, eq Apment, materials and supplies and for constructing the
following City inprovements: ' 1986 Curb & Gutter Project, Phase V,
Fairland Drive, Village Drive, Amity Road, and :Terry Lane
NOW, THEREFORE, the parties to this contract agree to the
following:
1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools,
equipment, materials and supplies necessary to perform, and to
perform, said work at Contractor's own expense in accordance with
the contract docu-nents and any applicable City ordinances and
state and federal laws, within J.05 (calendar, �r�c4gg)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within ten (10)
days after the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
of the afore.'nentioned improvements shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of a
similar character in this locality, as established by the
Department of Labor and Industrial Relations of the State of
Missouri, and as. established by the Federal Errployment Standards
of the Department of Labor. Contractor acknowledges that
Contractor knows the prevailing hourly rate of wages for this
project because Contractor has obtained the prevailing hourly
rate of wages from the contents of Special Wage Determination No.
6_016 1.60 {. "`t L� oii(IN(YIXXXXXXXXXXXXXXXXXXXXXXXXXX�
in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record showing the
names and occupations of all workmen employed by Contractor in
connection with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the
workmen in connection with- the work to be performed under the
terms of this contract. A copy of the record shall be delivered
to the Director of Public Works each week. In accordance with
Section 290.250 RS'-So, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day "p co
or portion thereof that the workman is paid less than the MM
stipulated rates for any work done under this contract, by the W �
Contractor or any subcontractor under the Contractor. 0
3. Insurance. Contractor shall procure and maintain at its W
own expense the life of this contract: 0 to
C6
(a) Workmen's Compensation Insurance for all of its
employees to be engaged in work under this contract.
(b) Contractor's Public Liability Insurance in an amount
not less than $800,000 for all claims arising out of a
single occurrence and $100,000 for any one person in a
single accident or occurrence, except for those claims
governed by the provisions of the Missouri workmen's
compensation law, Chapter 287, RSMo., and Contractor's
Property Damage Insurance in an amount not less than
$800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount not less
than $800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its o%m expense and deliver to the
City an Owner's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an
amount not lass than $800,000 for all claims arising
out of a single accident or occurrence and $100,000 for
any one person in a single accident or occurrence,
except for those claims governed by the provisions of
the Missouri workmen's compensation law, Chapter 287,
RSMo. No policy will be accepted which excludes
liability for damage to underground structures or by
reason of blasting, explosion or collapse.
(e) Subcontracts. In case any or all of this work is
sublet, the Contractor shall require the Subcontractor
to procure and maintain all insurance required in Sub-
paragraphs (a), (b) and (c) hereof and in like amounts.
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall
provide adequate protection for the Contractor and its
subcontractors, respectively, against damage claims
which may arise from operations under this contract,
whether such operations be by the insured or by anyone
directly or indirectly employed by it, and also against
any special hazards which may be encountered in the
performance of this contract.,
NOTE: Paragraph (f) is construed to require the
procurement of Contractor's protective insurance
(or contingent public liability and contingent
property damage policies) by a general contractor
whose subcontractor has employees working on the
project, unless the general public liability and
property damage policy (or rider attached thereto)
of the general contractor provides adequate
protection against claims arising from operations
by anyone directly or indirectly uTloyed by the
Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
'employs. Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor`by all the terms herein set forth,
insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any
provisions of this contract. Nothing contained in this contract
shall create any contractual relations between any subcontractor
and the City or between any subcontractors.
5. Liquidated Damages. The Director of Public Works may, at
his discretion, deduct $100.00 from any amount
otherwise due under this contract for every day Contractor: fails
or refuses to prosecute the work, or any separable part thereof,
with such diligence as will insure the ccmpletion by the time
above specified, or any extension thereof, or fails to couplete
the work by such time, as long as the City does not terminate the
right of Contractor to proceed. It is further provided that
Contractor shall not be charged with liquidated damages because
of delays in the comletion of the work due to unforseeable
causes beyond Contractor's control and without fault or
negligence on Contractor's part or the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days' prior written
notice to the Contractor, without prejudice to any other rights
or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general assi.gn.•nent for
the benefit of its creditors, or if a receiver should be
appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to
supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any
person supplying labor or. materials for the work under the
contract, or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City's Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such
materials, applicances and structures as may be on the work site
and are necessary for completion of the work. The foregoing
Ad ft� provisions are in addition to, and not in limitation o£, the
rights of the City under any other provisions of the contract,
city ordinances, and state and federal laws.
8. Guards and Lights. The Contractor agrees to defend,
indemnify, and save the City harmless from and against all
claims, suits and actions of every description, brought against
the City and from all damage and costs by reason or on account of
any. injuries or damages received or sustained by any person or
'persons, or their property, by Contractor, its servants, agents
or subcontractors, or arising out of the award of this contract
to Contractor.
9. Indemnity. The Contractor agrees to defend, indemnify,
and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from
all damage and costs by reason or on account of any injuries or
damages received or sustained by any person or persons, or their °
property, by Contractor, its servants, agents or subcontractors
in the construction of said work, or by any negligence or
carelessness in the performance of the same, or on account of any
act or omission of Contractor, its servants, agents, or
subcontractors, or arising out of the award of this contract to
Contractor.
10. Payment for Labor and Materials. The Contractor agrees
and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed
pursuant to this contract. Contractor shall furnish to the City a
bond to insure the payment of all materials and labor used in the
performance of this contract.
11. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule set forth in the Contract Documents upon acceptance of
said work by the Director of Public Works and in accordance with
the rates and/or amounts stated in the bid . of Contractor
dated July 7, , 19 86 , which are by reference made a
part hereof. No partial payment to the Contractor shall operate
as approval or acceptance of work done or materials furnished
hereunder.
12. Contract Documents., The contract documents shall consist
of the following: . ,
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
F7
13. Nondiscrimination. The Contractor agrees in the
performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any employee of Contractor or applicant for employment
and shall include a similar provision in all subcontracts let or
awarded hereunder.
14. Notices. All notices required to be in writing may be
. given by first class mail address to the City of Jefferson, 320
E. McCarty, Jefferson City, Missouri 65101, and Contractor at
Star Rte. 2 , Schott Rd. -Jefferson City, MO The date of
delivery of any notice shall be the second full day after the day
of its mailing.
15. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri. •'
16. IN TESTIMONY WHEREOF, the parties have h eunto set
their hands and seals this a - � day of�,ti
19�_.
CITY OF JEFFERSON, MISSOURI
MAYOR
ATTEST:
CITY CLERK
1
CONTRACTOR
Title:
ATTEST:
S rAR
CERTIFICATE CF INSUFiA
Issued at the request of The CITY Or JE"ERSJN,`MISSOURI
Owner
Address: CITY HAIL, JEFFEMN CITY, MISSCURI
THIS IS TO CERTIFY that the insured named below is aat this date insured
with. Hanover Insurance Co.
as described in the following schedule, and in full canpliance with the
Contract Documents, including all contractual liability coverage.
DESCRIPTIVE SCFMULE
Name of Insured: Willard Stockman Construction Company, Inc.
Address of Insured: Star Route 2, Schott Road, Jefferson City, Mo. 65101
Locations Covered: Job site '86 Curb & Gutter Project, Phase V,
Fairland Drive, Village Drive, Amity Road, & Merry Lane
Description of Work: above
ya e / TK XMA CABUALTY AND SURM COWIPANY
rn
Hartford,Connscilcut 09116
' LIPE&CASUALTY
SEA OF ATTORNEY AND COMFICATE OF AUTMMITY OF ATTORNEYI$HN-FACT
KNOW ALL MEN BY YWM PMCINU,TMAY THE ATNA CASUALTY AND gURM COMPANY,a corporation duly ofganited under Iha lsws of the
SUte
Of Cennet"arm having me p kw"ernes M the City of Har.*M.County of Hanford,State of Connecticut.path mode,coneululed end
downiod,and dose by thsa lmoml a Intel end ale olnr J hn T. Lo kto ,1 r. .10 n T. Lo k ton Iii r
an S nsco , !salon H lie Kill see or ® C. to ei �1ic sal C. oec; Mic�tsal D.
Eery Cl��iofr�.� �ounas Or en 800per or�egoreh A Men, erland §erkeKanaas or
or Eery F. Hatgbri fit tti M. Loe�Ctan or William He FrI k, Knnsas City Mi.esouri.or.
Harlin D. Red lel�a tenexseKansse or Dan C. Osbornda Laewood,Kansas or �fi111am L. Frick,
Shawnee MissionaKenaaa - -
of XX ,Itstru!l Vm6*UACtom"(0-ln•Foci.with full power and aulhnrity hereby conferred
to elan,memo arm ,at any plays tfAWn the UntW Stites,or.0 the following One be filled In,within the area Mo7s deWg-
rated ,dte fallowing InmuumarnVol:
by hicRMr eels atgnOM aim sat,sny and ell bones rseglnffianeae,otmtrerta al Indemnity,and other writingo obligatory in Ow„/tu re of a bond,
morgniferaa,or octrali ttal urldsfaltklg,errd any end ell cormnis(nddema thereto
and to bind THE AETMA CASUALTY AND SURETY COMPANY,thereby to fully and to the same extent as 11 the yams were signed tri Ihu duly
outhorhed otfloom of TMII AiTNACASUALTY ANDSURSTY COMPANY,and ON the era of sold AttorneY(e)•In•Fact,pursuant to the authority heroin
ohmn,are hereby ratified arm wormod.
This eppolntmom is made under and by eufhorfttr of the IbNorAn Standing Resolutions of said Camp"which Resolutiont are now in full force
and aftaci:
VOTED:Thal each of thetoEowlrig off{eota:Chapman,Vice Cholmtwt.PraeldsM,Any Executive Vice President,Any Senior Vice President,Any Vice
President,Any A1114111101111 Vice PtOOdWA.Any Oaaetety,Any AedateM SyoretaeY,may from time totlme appoint Resident Vice Presidents,Resident
Assistant 8acratarles,AftrMyo4o4set,said AW416 ad 10 and on behaMoldwCompany and may Ohio any such ePPOW"such authority es his
certificate of outhahy may prsttoribe to sign wide flea Company's name and 03M with the Compury's veal bonds.rtz ognh:ynces,contracts of
Indemnity,and other writings obNptory In Ma natlym of a bond,regtlgirftwoo,of ocnditionei undortakirn,rind tiny of said officers or the Board of
Directory may at any time remow any such sportive ant rya ft►a pcww and outhority ghrm him,
VOTED:That any bond,ntognttence,eonvaittallndsmrlhy,awrltitrg ObN40M In thenaturo of s bead,ndngnitanco,oroonditlonal undcnaking
shall be valid and binding upon the compery wlron(a)signed by the Cho ace.fhe Viol Chairman,tits Prezidant.an Executive vice President,a
Sailor Vice Prseldeft a Via PteWent,an AteNsxA Vice Preaidelrt at by a ReetdoM Vim Provident,punsusilt to the power prescribed In the
certificate of euthodtyof such RaaddsrS Vlos PrealdMtf,ar&duly ttlastod and seated with the Cc mpony s seal by a Secrotery or Assistant Secretary
or by•ReatdyMA3detaM Seaatary,pursuarttothopmmPraocdbsd In thocact iWo of authority of each Resident Assistant Secretary:or(b)duly
slimnad fundw sral.N required)by one or mare Art erwyo-ln-Fact purtuent to the ponuv prescribed in his ov their cenificate or Certificates of
authority.
This Power of Attomay and CertlRUto of Aufhodfy Is Wgrad end seated W f Will le under and by sutfwrlty of the foltowing Standing Resolution
voted by the Board of Directom of THE 46TMA CASUALTY AND SURETY COMPANY which Rwolutlun is now In full force and effect:
VOTED: That the signature of esch of Ilm/oNov*q otsasm:Chc m+srh,Vino Chairman,President,Any Executive Vice President,Any Senior Vice
president.AnlyVlcel erotJdant,AnyAsWetamVklmlersoktad,Any Ss mwy,AryAssiatsmSoomiary,and the seat o fthe Company maybe affixed by
fecslmits to any Power of emorn"or to my oerdEOSea relating thereto appohttttg RoaWont Vice Presldent s,Roaldtnt Assistant Swrarairies or
Attorneyaan4actfarpunwiewordtrolexscutblperhd Waft boo dMand wuledWrip and other"ago obligatory In the nature thereof,and any
such power of shanty aroviftow boating rich fa061mBf algnotun or fsoAmile east"be valid and binding upon the Company and any such
power so rxscutsd arm cl rdflad by such fw*rJle dipho we End foosimile teat shalt be valid and binding upon the Company In the future with
looped to any bond or undertaking to which it N ensdied.
IN WITNESS WHEREOF,THE AETMA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by Its Assistant
Vice President ,and he corporate seal to be hereto affixed this 27th
day of September '19 84
TM=r' SURM COMPANY
Stan of Connecticut )) J eph . Kiernan
f:nunty of Hartford 1
) as.Hanford Assistant Vita President
On this 27th day of September 1984 ,before me perawslly came JOSEPH Pe KIERNAN
to me known,who,being by me duty sworn,did depose and coy:that hVahs Is MA iaqtent Vice PtTca6ic}aEnt of
THE AETNA CASUALTYAND SURETY COMPANY,Ow corporation dsstAbad In and which executg obove Instrument:dtM fw/eha knows the
seal of said oorpora4on;dint the vast affixed to the eald ktautrrant Is such corporate Seel:and that he/she executed the said instrument on behalf
of the corporation by authority of hWher office urmar rite Standing Resolution thereof.
'M,.NC*c� wty mayae March J1,1989 Notary Public
CERTIFICATE Yoh na Me Deanan
t,the ur4amIgned, Secretary of THa AITNA CASUALTY AND SURETY COMPANY,a stock corpantion of the
State or eonnectiouil,00 HIMEY t VM"thattha!ongoing and anac ed Power or Atlornay and CentReata of Audwity relmisi ns ht fen force and
has not been rewoked,and hinher more,that dip Stllndhq R.eonetonr of the Board or Director.,as eat forth in 1t,r Certificate of Authority,ere now
in form,
sionad and eased at the fierier offlee art tits catrpmy,fo 1t..coy of Hy?tbrd,sun Can thish 1986 day of
is .....
By
{�tt>taq(agzn �� Vincent A. Walsh, Secretary MWHt lit US.A.
w
NAME AND ADDRESS OF AGENCY COIMPANY
Lockt nt I urawn Aganc y MEffoctivo��s cLn L1C� ,19
P.o. Aar[ 8418 Expires K❑ 12:01 am _ ❑ Noon 11 r19 86
Prairie Vi_1. M, Ks 66208 l�This binder is issued to extend coverage In the above named
company per expiring policy p —_InKC•_.__
Op;as ngte`cTI)on—0W
NAME AND MAILING ADDRESS OF INSURED Description of Operat Ion/Vehielee/Property
x,,.�,•,ts"
City 1986 Ctn:b & Gutter P';OJOat
Pikes V 1�t ir.7 T2�`iv> , V3 T_� t3 1CwC�,
Amity mod, Mann-T 1XIM
Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded. Coins.
P
R
O
P
E
R
T
Y
Type of Insurance Coverage/Forms ❑~ Limits of Liability
Each GCOW ;TO8GOW
L Bodily Injury $ $
1 ❑ Scheduled Form ❑ Comprehensive Form porsm &-kc
Cl ❑ Premises/Operations
❑ Products/Completed Operations Property Damage $
1 ❑ Contractual Bodily Injury &
T, ® Other (specify below) OwneM/CCastraators Protective .Liability Property Damage $100,008• $ 800,000-
❑ Med.Pay, $ Per $ Per Combined T
❑ Personal Injury Person Accident ❑ A ❑`B— L�C _
L Personal Injury $
Lirnit z of Liability
A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury(Each Person) $
T ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $
0 ❑ Collision-Deductible $
M
B El Medical Payments $ Property Damage $
❑ Uninsured Motorist $
L ❑ No Fault (specify): Bodily Injury & Property Damage
E
❑ Other (specify): Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONSIOTHER COVERAGES
Ltesigmted Contract cw - Willard StorJmm Construction Cacmny, Inc.
Star ibrste 2, scbott Road
J afferson City, Mb 65101
NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED
LOAN NUMBER
a
ure =zed orizeU Reprnseniativo fiats
AGORD 75(11/77•x)
e
lift The Hanover
Insurance Companies
For a//your
insurance
needs
consult
your
independent
ogent.
Executive Office:440 Lincoln Street,Worcester, Mass. 016O5
THIS POLICY JACKET WITH THE DECLARATIONS PAGE, FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE POLICY.
111.4f 15(7 811
THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE IS A,CAPITAL STOCK CORPORATION HEREIN CALLED THE COMPANY
POLICY PROVISIONS
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:
DEFINITIONS
When used in this policy (including endorsements forming a part hereof): (c) operations for which the classification stated in the policy or in the company's
"automobile" means a land motor vehicle, trailer or semitrailer designed for manual specifies"including completed operations";
travel on public roads (including any machinery or apparatus attached thereto), "elevator" means any hoisting or lowering device to connect floors or landings,
but does not include mobile equipment; whether or not in service,and all appliances thereof including any car, platform,
"bodily Injury" means bodily injury, sickness or disease sustained by any person shaft, hcistway, stairway, runway, power equipment and machinery; but does riot
which occurs during the policy period, including death at any time resulting include an automobile servicing hoist, or a hoist without a platform outside a
therefrom; building if without mechanical power or if not attached to building walls, or a
"collapse hazard" includes "structural property damage" as defined herein and hod or material hoist used in alteration,construction or demolition operations,or
an inclined conveyor used exclusively for carrying property or a dumbwaiter used
property damage to any other property at any time resulting therefrom. Structural exclusively for carrying property and having a compartment height not exceeding
property damage" means the collapse of or structural injury to any building or four feet;
structure due to (1) grading of land, excavating, borrowing, filling, back-filling, "explosion hazard"includes property damage arising out of blasting or explosion.
tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring, The explosion hazard does not include property damage (1) arising out of the ex-
underpinning, raising or demolition of any building or structure or removal or plosion of air or steam vessels, pi pin under ressure, rime movers, machinery
rebuilding of any structural support thereof. The collapse hazard does not include p p p p p y
property damage(1)arising out of operations Performed for the named insured by or power transmitting equipment, or 2) arising out of operations performed for
independent contractors, or (2) included within the completed operations hazard the named insured by independent contractors, or (3) included within the com-
or the underground property damage hazard,or (3)for which liability is assumed pleted operations hazard or the underground property damage hazard, or (4) for
by the insured under an incidental contract; which liability is assumed by the insured under an Incidental contract;
"completed operations hazard" includes bodily injury and property damage arising "incidental contract" means any written (1) lease of premises, (2) easement
out of operations or reliance upon a representation or warranty made at any time agreement, except in connection with construction or demolition operations on or
with respect thereto, but only if the bodily injury or property damage occurs after adjacent to a railroad, (3) undertaking to indemnify a municipality required by
such operations have been completed or abandoned and occurs away from premises municipal ordinance,except in connection with work for the municipality, (4)side-
owned by or rented to the named insured. "Operations" include materials, parts track agreement, or(5) elevator maintenance agreement;
or equipment furnished in connection therewith. Operations shall be deemed com• "insured"means any person or organization qualifying as an insured In the "Per-
pleted at the earliest of the following times: sons Insured" provision of the applicable insurance coverage, The insurance
I1) when all operations to be performed by or on behalf of the named Insured afforded applies separately to each insured against whom claim is made or suit
under the contract have been completed, is brought, except with respect to the limits of the company's liability;
(2) when all operations to be performed by or on behalf of the named insured at attached equipment" means a land vehicle )including any machinery or apparatus
the site of the operations have been completed, or attached thereto), whether or not self-propelled, Ill not subject to motor -vehicle
registration, or(2) maintained for use exclusively on premises owned by or rented
{3) when the portion of the work out of which the injury or damage,arises has to the named insured, including the ways immediately adjoining, or (3) designed
been put to its intended use by any person or organization other than another for use principally off public roads, or (4) designed or maintained for the sole
contractor or subcontractor engaged in performing operations for a principal purpose of affording mobility to equipment of the following types forming an in-
as a part of the same project, tegral part of or permanently attached to such vehicle: power cranes, shovels,
Operations which may require further service or maintenance work, or correc loaders, diggers and drills; concrete mixers (other than the mix•ia•transit type);
Lion, repair or replacement because of any defect or deficiency, but which are graders, scrapers, rollers and other road construction or repair equipment; Mr-
otherwise complete, shall be deemed completed. compressors, pumps and generators, including spraying, welding and building
cleaning equipment; and geophysical exploration and well servicing equipment;
The completed operations hazard does not include bodily injury or property "named Insured"means the person or organization named in Item 1,of the decla-
rations arising out of rations of this policy;
(a) operations in connection with the transportation of property, unless the bodily "named insured's products"means goods or products manufactured, sold, handled
injury or property damage arises out of a condition in or„on a vehicle created or distributed by the named Insured or by others trading under his name,including
by the loading or unloading thereof, any container thereof(other than a vehicle), but"named Insured's products”shall
(bl the existence of tools, uninstalled equipment or abandoned or unused ma• not include a vending machine or any property other than such container, rented
terials,or to or located for use of others but not sold;
�NtCaih Coverage Part(s)and Endorsements)(If Any)Here
"occurrence" means an accident, including continuous or repeated exposure to physical possession of such products has been relinquished to others;
conditions, which results in bodily Injury or property damage neither expected
nor intended from the standpoint of the insured; "property damage" moans (1) physical Injury to or destruction of tangible prop•
erty which occurs during the policy period, including the loss of use thereof at
"policy territory" means: any time resulting therefrom, or (2) loss of use of tangible property which has
(1) the United States of America, its territories or possessions, or Canada, or not been physically injured or destroyed provided such loss of use is caused by
(2) international waters or air space, provided the bodily Injury or property dam• an occurrence during the policy period;
age does not occur in the course of travel or transportation to or from any "underground property damage hazard" includes underground property damage as
other country, state or nation, or defined herein and property damage to any other property at any time resulting
(3) anywhere in the world with respect to damages because of bodily injury or therefrom. "Underground property damage" moans property damage to wires,
property damage arising out of a product which was sold for use or consump• conduits, pipes, mains, sewers, tanks, tunnels, any a the property, and any
tion within the territory described in paragraph(1)above,provided the original causedtby and occurring during, the use of mechanical equipment for the purpose
suit for such damages is brought within such territory; of grading land, paving, excavating, drilling, burrowing, filling, back-filling or pile
"products hazard" includes bodily injury and property damage arising out of the driving. The underground property damage hazard does not include property dam-
named Insured's products or reliance upon a representation or warranty made at age(1) arising out of operations performed for the named Insured by independent
any time with respect thereto, but only if the bodily injury or property damage contractors, or (2) included within the completed operations hazard, or (3) for
occurs away from premises owned by or rented to the named insured and after which liability is assumed by the Insured under an Incidental contract.
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of liability: of the insured because of accident or traffic law violation arising out of the use
of any vehicle to which this policy applies, not to exceed $250 per bail bond,
(a) all expenses incurred by the company, all costs taxed against the insured in but the company shall have no obligation to apply for or furnish any such
any suit defended by the company and all interest on the entire amount of any bonds;
judgment therein which accrues after entry of the judgment and before the
company has paid or tendered or deposited in court that part of the judgment (c) expenses incurred by the insured for first aid to others at the time of an acci-
which does not exceed the limit of the company's liability thereon; dent,for bodily injury to which this policy applies;
(b) premiums on appeal bonds required in any such suit, premiums on bonds to (d) reasonable expenses incurred by the insured at the company's request in
release attachments in any such suit for an amount not in excess of the assisting the company in the investigation or defense of any claim or suit,
applicable limit of liability of this policy, and the cost of bail bonds required including actual loss of earnings not to exceed $25 per day.
CONDITIONS
1. Premium: All premiums for this policy shall be computed in accordance with enforcing any right of contribution or indemnity against any person or
the company's rules, rates, rating plans, premiums and minimum premiums appli• organization who may be liable to the Insured because of injury or damage
cable to the insurance afforded herein, with respect to which insurance is afforded under this policy; and the Insured
Premium designated in this policy as "advance premium" is a deposit premium shall attend hearings and trials and assist in securing and giving evidence
only which shall be credited to the amount of the earned premium due at the and obtaining the attendance of witnesses. The insured shall not, except at
end of the policy period. At the close of each period (or part thereof terminating his own cost, voluntarily make any payment, assume any obligation or incur
with the end of the policy period) designated in the declarations as the audit any expense other than for first aid to others at the time of accident.
period the earned premium shall be computed for such period and, upon notice 5. Action Against Company; No action shall lie thereof to the named insured, shall become due and payable. If the total earned B P y against the company unless, as a
premium for the policy period is less than the premium previously paid, the condition precedent thereto,there shall have been full compliance with all of the
company shall return to the named insured the unearned portion paid by the terms of this policy, nor until the amount of the insured's obligation to pay shall
named Insured. have been finally determined either by judgment against the insured after actual
The named insured shall maintain records of such information as is necessary trial or by written agreement of the insured, the claimant and the company.
for premium computation, and shall send copies of such records to the company Any person or organization or the legal representative thereof who has secured
at the end of the policy period and at such times during the policy period as the such judgment or written agreement shall thereafter be entitled to recover under
company may direct. this policy to the extent of the insurance afforded by this policy. No person or
organization shall have any right under this policy to join the company as a party
2. Inspection and Audit: The company shall be permitted but not obligated to to any action against the insured to determine the insured's liability, nor shall
inspect the named Insured's property and operations at any time. Neither the the company be impleaded by the insured or his legal representative. Bankruptcy
company's right to make inspections nor the making thereof nor any report there- or insolvency of the insured or of the insured's estate shall not relieve the com-
on shall constitute an undertaking, on behalf of or for the benefit of the named pany of any of its obligations hereunder.
Insured or others, to determine or warrant that such property or operations are
safe or healthful, or are In compliance with any law, rule or regulation. 6. Other insurance: The insurance afforded by this policy is primary Insurance,
The company may examine and audit the named insured's books and records at except when stated to apply in excess of or contingent upon the absence of other
any time during the policy period and extensions thereof and within three years insurance, When this insurance is primary and the insured has other insurance
after the final termination of this policy, as far as they relate to the subject which is stated to be applicable to the loss on an excess or contingent basis,the
matter of this insurance, amount of the company's liability under this policy shall not be reduced by the
3. Financial Responsibility laws: When this policy is certified as proof of financial existence of such other insurance.
responsibility for the future under the provisions of any motor vehicle financial When both this insurance and other insurance apply to the loss on the same
responsibility law, such insurance as is afforded by this policy for bodily injury basis, whether primary, excess or contingent, the company shall not be liable
liability or for property damage liability shall comply with the provisions of such under this policy for a greater proportion of the loss than that stated in the
law to the extent of the coverage and limits of liability required by such law. applicable contribution provision below:
The insured agrees to reimburse the company for any payment made by the com-
pany which it would not have been obligated to make under the terms of this (a) Contribution by Equal Shares. If all of such other valid and collectible insur-
policy except for the agreement contained in this paragraph, ante provides fur contribution by equal shares,the company shall not be liable
4. Insured's Duties in the Event of Occurrence, Claim or Suit: for a greater proportion of such loss than would be payable if each insurer
contributes an equal share until the share of each insurer equals the lowest
(a) In the event of an occurrence, written notice containing particulars sufficient applicable limit of liability under any one policy or the full amount of the loss
to identify the insured and also reasonably obtainable information with respect is paid, and with respect to any amount of loss not so paid the remaining
to the time, place and circumstances thereof, and the names and addresses of insurers then continue to contribute equal shares of the remaining amount
the injured and of available witnesses, shall be given by or for the insured to of the loss until each such insurer has paid its limit in full or the full amount
the company or any of its authorized agents as soon as practicable, of the loss is paid.
(b) If claim is made or suit is brought against the insured, the insured shall Im V Contribution by limits, If any of such other insurance does not provide for
mediately forward to the company every demand, notice, summons or other contribution by equal shares, the company shall not be liable for a greater
process received by him or his representative. proportion of such loss than the applicable limit of liability under this policy
(c) The Insured shall cooperate with the company and, upon the company's for such loss bears to the total applicable limit of liability of all valid and
request, assist in making settlements, in the conduct of suits and in collectible insurance against such loss.
�■s�trr +
7. Subrogation: In the event of an �''
g y payment under ,his policy, the company shall ti. Cancellations This polic 8'q`be cancelled by the named Insured by sur•
be subrogated to all the insured's rights of recovery therefor against any person . Sender t4reof to the company or any of its authorized agents or by mailing to
or organization and the insured shall execute and deliver instruments and 0apbrs the company written notice stating when thereafter the cancellation shall be
and do whatever else is necessary to secure such rights. The Insured shall do effective, This policy may be cancelled by the company by mailing to the named
nothing after loss to prejudice such rights. insured at the address shown in this policy, written notice stating when not less
B. Changes: Notice to any agent or knowledge possessed by any agent or by any than ten days thereafter such cancellation shall be effective. The mailing of notice
e
other person shall not effect a waiver or a change in any part of this policy or as aforesaid shall be sufficient proof of notice. The time of surrender or the ef•
estop the company from asserting any right under the terms of this policy; nor fective date and hour of cancellation stated in the notice shall became the end
shall the terms of this policy be waived or changed,except by endorsement issued of the policy period. Delivery of such written notice either by the named insured
s
to form a part of this policy. or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance
9. Assignment: Assignment of interest under this policy shall not bind the com- with the customary short rate table and procedure. If the company cancels,
pany until its consent is endorsed hereon; if, however, the named insured shall earned premium shall be computed pro rata. Premium adjustment may be made
die, such insurance as is afforded by this policy shall apply (1) to the named either at the time cancellation is effected or as soon as practicable after cancel•
insured's legal representative, as the named insured,but only while pgorig within lation becomes effective, but payment or tender of unearned premium is not a
the scope of his duties as such, and,(2) with respect to the property of the condition of cancellation.
named insured,to the person having proper temporary custody thereof,as insured,
but only until the appointment and qualification of the legal representative. 12. Declarations: By acceptance of this policy, the named insured agrees that
the statements in the declarations are his agreements and representations, that
10, Three Year Policy: If this policy is issued for a period of three years any this policy is issued in reliance upon the truth of such representations and that
limit of the company's liability stated in this policy as "aggregate" shall apply this policy embodies all agreements existing between himself and the company
separately to each consecutive annual period thereof. or any of its agents relating to this insurance.
In Witness Whereof, This company has caused this policy to be signed by its President and Secretary, and countersigned on the declarations page by a duly authorized
agent of the company.
Secretary President
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(BROAD FORM)
This endorsement modifies the provisions of this policy relating to ALL GENERAL LIABILITY AND MEDICAL PAYMENTS
INSURANCE OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
It is agreed that: II. As used in this endorsement:
I. This policy does not apply: "hazardous properties" include radioactive, toxic or explosive properties;
A. Under any liability Coverage,to bodily injury or property damage "nuclear material" means source material, special nuclear material or by
(1) with respect to which an insured under this policy is also an insured product material;
under a nuclear energy liability policy issued by Nuclear Energy Liability
Insurance Association. Mutual Atomic Energy Liability Underwriters or "source material", "special nuclear material", and "byproduct material" have
Nuclear Insurance Association of Canada, or would be an insured under the meanings given them in the Atomic. Energy Act of 1954 or in any law
any such policy but for its termination upon exhaustion of its limit of amendatory thereof;
liability;or "spent fuel" means any fuel element or fuel component, solid or liquid,which
(2) resulting from the hazardous properties of nuclear material and with has been used or exposed to radiation in a nuclear reactor;
respect to which (a) any person or organization is required to maintain
financial protection pursuant to the Atomic Energy Act of 1954. or any "waste" means any waste material (a) containing by-product material other
law amendatory thereof, or (b) the insured is, or had this policy not than the tailings or wastes produced by the extraction or concentration of
been issued would be, entitled to indemnity from the United States of uranium or thorium from any ore processed primarily for its source material
America, or any agency thereof, under any agreement entered into by content, and (b) resulting from the operation by any person or organization
the United States of America,or any agency thereof, with any person or of any nuclear facility included under the first two paragraphs of the deft•
organization, nition of nuclear facility;
B. Under any Medical Payments Coverage, or under any Supplementary Pay- "nuclear facility" means
ments provision relating to first aid, to expenses incurred with respect to (a). any nuclear reactor,
bodily injury resulting from the hazardous properties of nuclear material (b) any equipment or device designed or used for(1)separating the isotopes
and arising out of the operation of a nuclear facility by any person or of uranium or plutonium, (2) processing or utilizin g sent fuel, or (3)
organization. handling,processing or packaging waste, p
C. Under any Liability Coverage, to bodily injury or property damage resulting (c) any equipment or device used for the processing, fabricating or alloying
from the hazardous properties of nuclear material, if of special nuclear material if at any time the total amount of such ma-
terial b ,or operated terial in the custody of the insured at the premises where such equipment
(1) the nuclear material !ai is at any nuclear facility y or device is located consists of or contains more than 25 grams of
by or on behalf'of, an Insured or (b) has been discharged or dispersed plutonium or uranium 233 or any combination thereof,or more than 250
therefrom; grams of uranium 235,
(2) the nuclear material is contained in spent fuel or waste at any time fd) any structure, basin, excavation, premises or place prepared or used for
possessed, handled, used, processed, stored, transported or disposed the storage or disposal of waste,
of by or on behalf of an insured;or
(3) the bodily injury or property damage arises out of the furnishing by an and includes the site on which any of the foregoing is located, all operations
insured of services, materials, parts or equipment in connection with conducted on such site and all premises used for such operations;
the planning,construction, maintenance,operation or use of any nuclear "nuclear reactor" means any apparatus designed or used to sustain nuclear
facility, but if such facility is located within the United States of fission in a self-supporting chain reaction or to contain a critical mass of
America, its territories or possessions or Canada, this exclusion (3) fissionable material;
applies only to properly damage to such nuclear facility and any
property thereat, "property damage" includes all forms of radioactive contamination of property.
I
GENERAL LIABILITY "
POLICY DECLARATIONS
COVERAGE IS PROVIDED IN THE COMPANY DESIGNATED BY Q BELOW
® she Hanover Insurance Company Massachusetts Say Insurance Company
F1 Citizens Insurance Company of America California Compensation & Dire Company
POLICY NO: L 083 98 .37 p RENEWAL OF ,��NEW
13
Item •.
L Denied 1ps and and Address: Womb"a sir..),TM C"M,SUW A xla to.)
City of Jefferson City, Missouri Tho nab bleared Ss:
320: East,McCarthy C] !E+lDIVl4UJd
Jefferson. City, Missouri 65101 0 Cl►TsPb�RTIDpJ
�] P/�tTNERSIIlP
2. Policy.Period: M&''AV.Yri OTHER
From 8-11-86 to 8-11-87 Insured's business is:
12:01 A.M.,standard time at the address of the named Insured as stated herein.
The named IAsared occupies the whole of the premises,.unless otherwise stated heroin: IIIM,CII ORLOW)
3. The insurance afforded is only with respect to such of the following Parts designated and Coverages therein 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 ail the terms of this Follcy havinz reference theratu,
caTERASE PARTS FORM NO. COVERMES LIMITS OF LIABILITY � AfIV "WON
Comprehensive General Liability Insurance
Owners', Landlords' and Tenants'Liability Insurance
Manufacturers' and Contractors'Liability Insurance
221-6255 Owners' and Contractors'.Protective Liability Insurance
Contractual Liability Insurance EACH OCCURRENCE AGGREGATE
Bodily Injury liability b BUO, $ X $ 191..
Property Domago liability $ 100,000. $ 100,000, $ 76.
Druggists' Liability Insurance $
See Coverage Part for Limits of Liability
Storekeeper's Liability Insurance
EACH PERSON FACH ACCIRI:RIT
Premises Medical Payments Insurance $
Comprehensive Personal Insurance
Farmer's Comprehensive Personal Insurance EACH EACH EACH,
PERSON OCCURRENCE ACCIDENT
Personal Liability ralm $ X7tXl00t
' Parsoaal Medical Payments $ X)Of1t10( $ $
Physical Damage to Property XXXXXX $ XXXW
IAsolluile to rwwb+'1 CoWwOMI"►mwl Ie t W o saw Animal Collision Market value not exceeding $400 each animal $
Endorsements and Additional Coverage Parts forming a part of this policy on Its effective date.
(IDENTIFY BY FORM NUMBERS)
221-4415(3-82); GL2105, GL0019, IL0018, IL0928 $
tlf Policy Period more than one year and the premium is to be paid in installments,premium is payable: Total
On effective date of policy $ 1st Anniversary $ 2nd Anniversary $ Advance Premium $ 267.
Audit Period. Annual, unless otherwise stated."
t Not applleabl• In Taxes —ABSENCE OF AN ENTRY MEANS "NO EXCEPTION".
AGENT/AGENCY ADDRESS BRANCH/AGENCY CODE
Lockton Insurance Agency 4263
Prairie 'Village, Kansas 8-21-86 UW/
SIC 9121 Countersigned by;
kothorind Ropre►.antative
THIS DECLARATIONS PAGE WITH POLICY JACKET, FORMS AND ENDORSEMENTS, IF ANY,COMPLETES THE POLICY. .
22Mj111 INIURN
mill11.111 1111
MW'_ Fong 2221-6235
COVERAGE PART L 0414
OWNERS' AND CONTRACTORS'.PROTECTIVE LIABILITY INSURANCE (Ed 1.73)
COVERAGE FOR OPERATIONS, OF DESIGNATED CONTRACTOR
For attachment to Policy No. L 083 98 37 ,to complete said policy.
ADDITIONAL DECLARATIONS
Designation of Contractor I11NT[R SKLOW)
Willard Stockman Construction Company
Mailing Address (iNTen OKLOw)
Star Route #2, Schott Road, Jefff?rson City, Missouri 651.01
Location of Covered Operations ([NT91t•[LOW)
Phase V — Fairland Drive, Village Drive, Amity Road, Merry Lane
E] 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
Cost $100 of cost
A—Bodily Injury Liability $ 800,000. each occurrence — $ 359 851. $ .053 $ _ 19 1
B—Property Damage Liability$ 100,000. each occurrence $ 100 000. aggregate $ 359,851, $
Form numbers of endorsements attached at issue $
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
Idelivered for use in the eyecution 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
held liable under any workmen's compensation,unemployment compensation or
COVERAGE B—PROPERTY DAMAGE LIABILITY disability benefits law, or under any similar law;
The company will pay on behalf of the insured all sums which the Insured shall (e) 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 applies, 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 injury or property damage,even if any
of the alleggations 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 Invest and settlement of any claim or suit as it deems expedient but war, insurrection, rebellion or revolution or to any act nr 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 Ilmit of the company's liability has been exhausted by an Incidental contract, or (2) 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 mobile equipment while
This policy does not apply: being used In any prearranged or organized racing, speed or demolition
(a) to(lability 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
incidental 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 (1) to bodily Injury or property damage arising out of the discharge, dispersal,
(1) all work on the project (other than service, maintenance or repairs) to be release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic cheml-
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 1s 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 bodily 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 Ifl'sured's products or work performed by or on
(over)
behalf of the named Insured to meet the level otporformance, quality, Covers a A--The total liability of the company for all damages, including
fitness or durability warranted or represented by the named insured; damages care and loss of services, because of bodlfp injury sustained by one
or more persons as the result of any one occurrence shall not exceed the limit
but this exclusion does not apply to loss of use of other tangible property of bodily Injury liability stated In the schedule as applicable to"each occurrence",
resulting from the sudden and accidental hysical InjIury to or destruction of
the named Insured's products or work performed 6y or on behalf of the Coverage B--•The total liability of the company for all damages because of all
named insured after such products or work have been put to use by any property damage sustained by one or more parsons or organitatlons as the result
person or organization other than an Insured. of any one occurrence shall not exceed the limit of property damsto liability
II. PERSONS INSURED stated In the schedule as applicable to"each occurrence",
Each of the following is an Insured under this policy to the extent set forth Subloct to the above provision respecting "each occurrence", the total
below: llablil y of the cam any for all damages because of all property damage to which
this coverage appilas shall not oxceed the limit of property damage liability
(a) it the named insured is designated in the declarations as an individual,the person stated In the schedule as "aggregate". If more than ono protect Is designated
so designated and his spouse; in the schedule, such aggregate limit shall apply separately with respect to each
project.
(b) if the named insured is designated in the declarations as a partnership or joint
venture, the partnership or joint venture so designated and any partner or Coverage:A and B--For the purpose of determining the limit of the company's
member thereof but only with respect to his liability as such, liability, all bodily injury and property damage arising out of continuous or re-
(c) if the named insured is designated in the declarations as other than an Individ• peated exposure to substantially the same general conditions shall be considered
ual, partnership or joint venture, the organization so designated and any as arising out of one occurrence.
of his duties as such;and xecutive officer,director or stockholder thereof while acting within the scope IV. ADDITIONAL DEFINITION
o
(d) any person (other than an employee of the named insured) or organization When used in reference to this insurance (including endorsements forming a
p
while acting as real estate manager for the named Insured, art of the policy):
"work" Includes materials, parts and equipment furnished in connection there.
Ill. LIMITS OF LIABILITY with.
Regardless of the number of(1)insureds under this policyy,(2)persons or organ!. V. POLICY TERRITORY
zations who sustain bodily Injury or property damage,or(3)claims made or suits
brought on account of had Injury or property damage,the company's liability is This policy applies only to bodily injury or property damage which occurs
limited as follows: within file policy territory.
RUTHEHTIC
' (The Attaching Clause need be completed only when this endorsement Is Issued subsequent to preparation of the policy.)
LIABILITY L 6107
GI.21 05(Ed.09 79) (Ed.9.79)
SUPPLEMENTARY EXCLUSION
(Contamination or Pollution--Described Operations)
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
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY INSURANCE — NEW YORK DEPARTMENT OF PUBLIC WORKS
f
i
This endorsement, effective forms a part of policy No.
j (12:01 A.M.,standard time)
issued to
by
t
Authorized Representative
i It is agreed that,if with respect to operations described in this endorsement there is a discharge,dispersal,release or escape of oil or other petroleum substance or
derivative(including any oil refuse or oil mixed with wastes)into or upon any watercourse,body of water,bog,marsh,swamp or wetland,the insurance does not apply
bodRy Injury or property dsmage arising out of such discharge,dispersal,release or escape whether or not sudden and accidental.
Description of Operations
y Gasoline Recovery—from casing head or natural gas Oil or Gas Wells—drilling or redrilling,installation or recovery of casing
Non operating working interests Oil or Gas Wells—instrument logging or survey work in wells
Oil or Gas Well Shooting Oil or Gas Wells--.perforating of casing
Oil'or Gas Wells-4cidizing Oil lease Operators or Gas lease Operators—natural gas
Oil or Gas Wells--cementing Oil Pipe Lines—operation,including maintenance
t Olt or Gas Wells—cleaning or swabbing by contractors Oil Rig or Derrick Erecting or Dismantling—wood or metal--4ricludio
Oil or Gas Wells—servicing by contractors construction of foundations or structures or Installation of equipment
i
E
:
ar.+a.;rn+rr.n,.w-..v!rv.�.•..-«...,am..,...-....-..,.-r.M,c.•m.^hr..'i..h.y,�c....�...+....-,.,.,,...............,........�.._............._.. ..
(The Attaching Clause need be completed only when this endorsement is Issued subsequent to preparation of the policy.)
LIABILITY L 5233
(Ed. Tae)
GL 00 19 (Ed. 718)
GENERAL LIABILITY
AMENDATORY ENDORSEMENT--ADDITIONAL DEFINITION
This endorsement, effective forms a part of policy No.
{ (12101 A. M., standard time)
issued to
)
by
1
....................................................................................
i Authorized Representative
It is agreed that the following definition Is added.
"loading or unloading", with respect to an automobile, means the handlingg of property after It is moved from the place where It is accepted for
movement Into or onto an automobile or while it Is in or on an automo511e or while It is being moved from an automobile to the place where it
Is finally delivered, but 'loading or unloading" does not include the movement of property by means of a mechanical device (other than a
hand truck) not attached to the automobile.
1
IL 0018
' (Ed. 10 84)
Ask AMENDOORY ENDORSEMENT
PREJUDGMENT INTEREST
The following Is added to the Supplementary Payments provision in this policy:
The Company will pay, in addition to the applicable limit of liability, prejudgment Interest awarded against the
Insured on that part of the judgment the Company pays.If the Company makes an offer to pay the applicable limit
of its liability,the Company will not pay any prejudgment interest based on that period of time after the offer.
Ask
IL 00 18 10 84. Copyright, Insurance Services Office, Inc., 1984
Copyright, ISO Commercial Risk Services, Inc., 1984
tf d, li 151
this I.,nffo(senu!nt bums a 11a0 at the p+:liry to "illid)alladim), "Ilective nn iilr!olcvplinn date III Illy, pnlic-1 111111!55 ulllnf-I sla(d herclu•
(file following irtlnnnation is rcqulred only'wilen t11il andnrsernent is issuefl suhsequlrnl to)llepa►aliun of policy.)
Emlorscumnl ellecti-re Policy Nn, Emirn;enu!nl fln.
(;uurflrr5irined by
framed InSUred •�
(1lulhunzefl lteuri'."411(fill78 1r
This endorsement modifies such insurance as is altordcd by the prnvisinrrs at the policy relating to the Inllo-oinu,
BUSiNESSOWNERS POLICY
COMPREHENSIVE GENERAL LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE L0,181LITY INSURANCE-
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
STOREKEEPERS INSURANCE
POLLUTION EXCLUSION
It is agreed that the exclusion relating to the discharge, dispersal, release or escape of smoke, vapors, soot,
fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants,contaminants or pollu-
tants is replaced by the following:
(1) to bodily Injury or property damage arising out of the actual, alleged or threatened discharge,dispersal,
release or escape of pollutants:
(a) at or from premises owned, rented or occupied by the named insured;
(b) at or from any site or location used by or for the named insured or others for the handling, storage,
disposal, processing or treatment of waste:
(c) which are at any time transported,handled.stored, treated,disposed of,or processed as waste by or
for the named insured or any person or organization for whom the named insured may be legally
responsible: or
(d) at or from any site or location on which the named insured or any contractors or subcontractors
working directly or indirectly on behalf of the named insured are performing operations:
(f) if the pollutants are brought on or to the site or location in connection with such operations: or
(11) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize
the pollutants.
(2) to any loss, cost or expense arising out of any governmental direction or request that the named insured
test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste.`Haste includes materials to be recycled,reconditioned or reclaimed.
IL 09 28 06 85 Copyright, Insurance Services Office, Inc., 1985
LO( ISSUE UATE (MMIDD/YY)
a�
PRODUCER
1 T.HIS CERTIFICATE IS ISSUED AS A MATTFR OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERT'IFICATC HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND On ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lockton Insurance Agency COMPANIES AFFORDING COVERAGE
P. t]. Box 8418
Prairie Village Ks 66208 COMPArJV A
LETTER
--- --_____
COMPANY n
INSURED 158
COMPANY
Willard Stockman Conest. Corp. LETTER C
COMPANY
Star Routh 2, Schott Road LETTER ^-`-^--- -�--J- --- —^---
Jefferson City, MO 65101 COMPANY E
LETTER
s
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECIIVE -POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MmalyY) DATE(MIT IYYI -EACH
_ OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM 0211 6861 03/31/86 03/31/87 INJURY $ $
PREMISES/OPERATIONS PROPERTY
UNOERGiWUND 9 DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD U coverage only
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL BI a PO
COMBINED $ $
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY - BODILY
uIJURY
A ANY AUTO ®A42 7574 03/31/86s 03/31/87 !PERPERw) $
ALL OWNED AUTOS(PRIV. PASS.) BODLY
.AUTOS OTHER THAN NJURY
ALL OWNEn
PRIV. PASS. :PER 9DDENTI $
HIRED n.::
PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
BI 6 PD
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM N/A E3 & D COMBINED $ $
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION - STATUTORY _
A AND WHK24 53687 03/31/86 03/31/87 gum—(EACH ACCIDENII
EMPLOYERS'LIABILITY $ (DISFASE•POLICY LIMIT)
OTHER ---- -"-" -
(DISEASE-EACH EMPLOYEE)
N/A
N/A
DESCRIPTION OF OPERATIONS/LOCATIONSNE'HICLES/SPECIAL ITEMS -'-
1986 Curb & gutter project phase V Fairland Dr. , Village Dr. , Amity Rd. , &
Merry Lane
• o •
1509 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREE'F, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Jefferson City MAIL p� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BU� ILURE TO MAIL SUCH NOTICE SHAT L IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KID PON M COMPA Y_ITS GENTS OR REPRESENTATIVES,
320 E. McCarthy AUTHORIZE WP - ATIVE
Jefferson City MID 65101
• . • . 7-9a7E `
NAME AND ADDRESS OF AGENCY COMPANY
Hanover Insurance CaTpany
Loekton Insurance Agency Effective 12:01 a m TBD 1s
P.O. Box 8918 Expiros ❑ 12:01 am [-1 Noorl 1s _
Prairie Village, Ks 66208 ❑This binder is Issued to extend coverago in the above named
company per expiring policy N
(nx9apl as noled below)
NAME AND MAILING ADDnFSS OF INSURED Description of Operation/VehIclas/Property
The City of Jefferson City 1986 Curb & Gutter Project
320 East McCarthy Phase V - Fairland Drive, VU---age Drive,
Jefferson City, MO 65701 Ani_ty Road, M xry Lane
Type and Location of Property Coverage/Perils)Forms Amt of Insurance Ded,
P
R
O
P
E
R
T
Y
_
Typo of Insurance Coverage/Forms — Limits of Liability
Each } ) O(
L • -
❑ Scheduled Form ❑ Comprehensive Form Bodily Injury —$ Pixson $ Each
❑ Premises/Operations OCcurren
❑ Products/Completed Operations Property Damage $ $ V
❑ Contractual Bodily Injury &
T [ Other(specify below)Owners/Contractors Prote tive Liability Property Damage $100,000 $ 800,000
Y
❑ Med.Pay. $ Po( $ Per Combined
Person Accident —--
❑ Personal Injury ❑ A ❑ B ❑C Personal Injury — $
--'�— _Limits a}Liability
A ❑ Liability ❑ Non•owned ❑ Hired Bodily Injury(Each Person) $ ��~r
UT ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $
0 ❑ Collision•Deductible $
M
Q ❑ Medical Payments $ Property Damage $
f ❑ Uninsured Motorist $ — -°-- -
L ❑ No Fault (specify): Bodily Injury & Property Damage
E
❑ Other (specify): Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONS/OTHER COVERAGES
Designated Contractor - Willard Stoc}anan Construction Company, Inc.
Star Route 2, Schott Road
Jefferson City, MO 65101
NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED
LOAN NUMBER J
Ignature of Authorizod flapro entative D AU
ACORD 75(11(77-c)
THE AMERICAN INSTITUTE OF ARCHITECTS
All
h
Bond No. 30 SS 100291274 EICA
AIA Document A312
Performance Band
Any singular reference to Contractor, Surely, Owner or othtiir party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Willard Stockman Construction Corp.
Star Route 2 Schott Road The Aetna Casualty and Surety Company
Jefferson City, Missouri 65101 P.O. Box 29146
Overland Park, Kansas 66210-9146
OWNER (Name and Address):
AAh City of Jefferson, Missouri
320 B. McCarty
Jefferson City, Missouri 65101
CONSTRUCTION CONTRACT
Date: July 22, 1986 ($359,851.00)
Amount: Three hundred fifty nine thousand eight hundred fifty one and no/100 dollars
Description (Name and Location): 1986 Curb & Gutter Project, Phase V, Fairland Drive,
Village. Drive, Amity Road and Merry Lane, Jefferson City, Missouri
BOND
Date (Not earlier than Construction Contract Date): July 31, 1986
Amount: Three hundred fifty nine thousand eight hundred fifty one and no/100 dollars
Modifications to this Bond: ® None ($359,851-00) 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate a!) Company: (Corporate Seal)
Willard• Sto k an Construe 'on Corp The Aetna Casualty and Surety Company
Signature: - Signature: `
Name and Title: ,/��n� Name and itle: Deborah K. Braden
Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone) ,
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Lockton Insurance Agency
other party):
P.O. Box 8418
Prairie Village, Ks. 66208
AIA DOCUMENT A312&PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 19M ED. •AIA 4
THE AMERICAN INSTITUTE OF ARCHITECTS,Ins NEW YORK AVE.,N.W.,WASIIINGTON,D.C.20006 A312-19H 1
I The Contractor and the Surety, jointly and severally. which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deler-
successors and assigns to the Owner for the performance ruined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
by reference. ,2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation S If(tle Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed
provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surely
under this Bond shall arise after: demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph IU below provided in 51.1tiparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted it) arrange a whole or in part,without further notice the Owner shall be
conference with the Contractor and the Surely to be entitled to enforce any remedy available to the Owner.
held not later than fifteen dies after receipt of such
notice to discuss methods of performing the Construe- G After tlw Owner has terminated the Contractor's right
lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surely
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the
any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under they Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not 1)e de- Owner of file Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure-
the Surely have received notice as provided in Sub- ty is obligated without duplication for:
paragraph 3.1; and
6.1 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the Bal.uur of the lion of defective work and completion of the Construc-
Contract Price to the Surely in accordant r- with the tion Contract;
terms of the Construction Contract or to a (ontraclor
selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with file Owner, costs resulting; from the Contractor's Default, and re-
d When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of file Surely
graph 3, the Surety shall promptly and al the Surety's ex-
under Paragraph 4; and
pense take one of the following; actions: 6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract,actual dam.
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract; or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construe- obligations of the Contractor that are unrelated to the Con-
tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ.
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga.
with performance and payment bonds executed by a lions
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or eclukable, under this Bond
amount of damages as described in Paragraph 0 in ex- may be instituted in any court of competent jurisdiction in
Bess of the Balance of the Contract Price incurred by the the location in which Ihet work or part of the work is Incaled
Owner resulting; from the Contractor's dv(ault; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complelc-, arrange- Default or within two years after the Contractor te,pwd
for completion, or obtain a new contractor and with working or within Iwo years after the Surely refused or fail%
reasonable promptness under the circumstances: to perform its obligations under this Band, whichever oc-
(urs first. If the provisions of Ihis Paragraph are void fir
.1 After investigation, determine the,mount for prohibited by law, the minimum period of limitation avail.
AIA DOCUMENT A312- PERFORMANCE BOND AND I1AYA1tNr HOND-DKEMHIR 11164 it).-AIA it
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW te)RK AVE.,N.W., WANHINGTON, U,C. dW)h A312.1984 2
h
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re.
be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
nature page. tract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig.
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement (hangvs thereto.
shall be deemed deleted herefrom and provisions con.
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this whit h has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
12.1 Balance of the Contract Price: The local amount neither been remedied nor waived, to pay the Con-
payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to
Construction Contract after all proper adju%imenls perform and complete or comply with the other terms
have been made, including allowance to the Con- thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Aisk
(Space is provided below for additional signatures of added parties, other than those appearing on lite cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address!
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMINT IIOND-UI(IMIItR 1941 tI>. •AIAA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 Nt1V YORK AVE.,N.W., WASHINGTON.D.C. 2(KK* A312.1984 3
_ i
M
LE IM AVM CASUALTY AM ti1Sn d COMPANY
Hertford,Connecticut 08115
UPI&C^"LTY
POWER OF ArMNEY AND CATS OF AUTMRffY OF ATTOR NEVISHN-FAtCT
KNOW ALL MEN EY THM INUYiINT/,TIHAT THE ATIMACASUALTY AND iURM COWANY,a oorpmation duly orgsnited under the lawn of the
State of ConnactkuL and hadtq he principal Mfioa In tM CRY of Hartford.County of Hanford,State of Connookut,hath made,constituted and
appointed,«,d does try Mhesa prosatle means,oenstru»and appatnt JAhn T. Lopkto r. 0 n x. C qt, Hj a
�h e Et o Mission Hiills Ka�th are or J o Ce to d� �1 c�jny. CL°Fkos �I cltariei D.
Wit pea 1 MRS Youfsg ar an Cooper or�a6orsh R Men, or ;d fark,Kansas or
or �ary F. HmIrig{tt Dav�1d M. Loc�ttaim or William N. Or;ck, Kansas City H1.1�t44ouri.or
Herlin D. Redfield, tenexa,Kansahr or Don C. Osborne, Laattaod,Kane aa or �14111sm L. Frick,
Shawnee Hission,Kaneas - -
of xx ,haftwwAlewhilAttwnaylsWn•Fact,wldtfull power and Authority hereby conlarred
to WWI,ofreeub orw Is W�=Wfta'at they place WOO to United codes.of,N the folloWng Has be filled In,within the area there desig•
"I"d ,Ma following Hmttutnrtt(a):
by haa/Aaraole Wensaifaand act,arrf and as bitch,t aaagndatts"s,OW OM of Indomnity,and other wilting$obllgatory In u,d„at(jrr of a bond.
rroognharee,or eonAdenM undsookins,attic arty end all conaaKS Incidents thereto
and to band THE MTNA CASUALTY AND SURM COWANY,litataby so fully and to the same extent a it the tome were signed by Iho duty
arMwrbodoRfoorsofTHE4 Md►CAS UALTYANDAM97YCORPPWodaitthea ctsofsNdAttorrwyla)•M•Fa et,pursuanttotheauthorityharoln
given.are hereby ratlSed&W aatKrmed.
TMa oppoloowl b made unNr and fry anhoft of the foWwA.g Standing Rosohrtkonsof said Company which Resolutions are now in full force
and effect:
VOTED:thatmachofMnofodowwoomom:C,halmlan.ViceChatmten,F'raat:LanLAry/F-u /three VimPraaltbrit,AnySeniorViaPresident,AnyVice
creeldent,AnyR+o6ntatt Vice freatdsorrL Any Secretary,Any Acelivian'i SacraTSry,may Wom dma to time sppant Restdon:Vice Presidants.Resident
AasalatanfSaereWhIP,A WI)4iaaf,entIAGWOfted1w anionb"ofthoCompa nyaMmaygWartysuchaplaointzssuchauthority43 his
certificate of authority may praaorlba q 019"with the Compsrq/a names taW coal whit the Company's seal bonds,rmcognirancee.contracts of
Indomntty,and oetw wvKlnpa obligatory M the natrrre of a bony moolinttaanoo,Of oondit"I undertaking,and any of sold of ors or the ecord of
Directors may at shy 11119 rant2Va Dory aucfh BPPOkOAS and Iehrgte the poveor and no&*icy given him.
VOTED:Thavrgbond, tpttHtan+rot,rmncnotolMMnhrNty,awlobNpe"Inthe natutsof t bond.r"nbenee,oncondiltonalundertaking
than be valid and bl Ana upon dho Corr*"wfttn tot)signed by tie Chalnnsn,dw Vlat pitchman,the 1>realdent,an Executive Vico President,a
Senior Via PresfdanL a Vice Rramidant,an AsataRarht Vim IsraaWOM or 12-10 Roefdant W=Peeelde,iL prareuant to the power pnaccribed In the
anificesofaudicrltyaf ouch RealdentVicePreailen4andtlu fys:6estodstxtomW with ftCorn;W 'a Seel by aSecroWryotAssistantSecretary
orbya1119~AaNM.ontS twit",pur>wwhtto the povwrprroeribafinthor;ortL0ataofsuthorlryolsochRaaldettAselst antSocretary;oribiduty
executed(under"M reWreM by one or mare Attorneyodn-Fact ptxsuam to the power proacribad In his or their certificate or eartlRcates of
authority.
This Power of Attorney and CaMficeto of Audwrity in elghad sad sealed by focalmila under and by authority of the following Standing Resolution
voted by the Bard of Directors of THE ATNA CASUALTY AND SURETY COMPANY which Resolution Is now in full force and affect:
VOTED:That the olgnaturo of each of Mho follwAfrq cSkata:Chairman,Vies Chairman,Provident Any Executive Via President,Any Senior Vice
Praal dent,Any Vacs Preeldeh4 Any Aveistant Vice i4asldmM,Any Secretary,AtsyAasletaat Ssaxstary,and the seat of the Company may be afliixvi by
facalmlia to any power of stlartey or to any oerdActroa WAOrig thartato appointing Resident Vko Prw5denta,narldant Amictant Secratsrics or
Attorneys In Foctfarpvapoogordy atamaoaatltt0 arW amnilirtg bonds decd undanotlnga and othorwirbfngs obdgetory In the nature thereof,end any
such power of ataerney,wosrttata base ft mch faaslrad6aotgtlaturs of hole seal shall be vogd and binding upon the Company and any ouch
power so executed and eorOW by Kith famler o slgntttrro rind fa dmlle seal shall be valid and binding upon the Company in the future with
isapect to any,bond or undareeldng so which N b amschod.
IN WITNESS WHEREOF,THE AIWA CASUALTY AND SURETY COWANY has caused this Instnmront to be signed by its Assistant
Vice President and Its corporate sal to be hereto efrimod this 27th
toy of September •is 84 .,.
�► TM CAS AMY � SURM COMPANY
State of Connecticut 6 J eph Kiernan
County of Hartford
as.Hartford Assistant Vice President
On this 27th day of September .19 84 ,before me personalty came JOSEPH P. KIERNAdN®�
to rise known,who,ksa V by ma duly sworn,dad dope"and say;the he/she Is AA I s taint Vice Paro�ielatto know.cites
THE,eTNACASUALTYANDIIWRMYCOWAPMciteseofporadcndoWbodMandw hk:hexacut oabovelnmmq a l: n
"al of sold corporaMOnS Met this eat atlbroed to the um Instrument is such corporate asel;and that he/ohm erscuW the said Instrtlmont on behalf
of the corporation by etnhoraty of hla/fher office under the Standing Resolution theaot.
`r.-.✓ Any dxl eatlme Marti]t,ne89 Notary Public
CERTIFICATE Joh era H. Desnan
1,the undarolensd. Secretary of THE ATKA CASUALTY AND SURETY COMPANV,a Kock corporation of the
Steno of Corot OCK DO H"lBV CERTWV"Ow km ooCoMtg end attaoahad Power of Atternay she Catifkate of Authority remalne in fun faros and
has not bmsrt ranked;and lurdwimor4 that the Sci ndirq RaaohrMoea of the Soardof Dinctorr,SOON forift In**Cettiffcataof Authority,are row
In force. ee
Slgnad and S"Wd a hero Home office of Mna t�rtpsery,N the City of Hereford,State the s 1 06 day of
.19 ~ti
4 d0... ey _
t1eW 1►n�ls» `� ! Vincent A. Walsh, Secretary
PRINTED IN U.a.A.
1'�
THE AMERICAN INSTITUTE OF ARCHITECTS
i
Bond No. 30 SB 100291274 BCA
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or wher party shall he considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Willard Stockman Construction Corp.
Star Route 2 Schott Road The Aetna Casualty and Surety Company
Jefferson City, Missouri 65101 P.O. Box 29146
Overland Park, Kansas 66210-9146
OWNER (Name and Address):
City of Jefferson, Missouri
320 E. McCarty
Jefferson City, Missouri 65101
CONSTRUCTION CONTRACT
Date: July 22, 1986 ($359,851.00)
Amount: Three hundred fifty nine thousand eight hundred fifty one and no/100 dollars
Description (Name and Location): 1.986 Curb & Gutter Project, Phase V, Fairland Drive',
Village Drive, Amity Road and Merry Lane, Jefferson City, Missouri
BOND
Date (Not earlier than Construction Contract Date): July 31, 1966
Amount: Three hundred fifty nine thousand eight hundred fifty one and no/100 dollars
Modifications to this Bond: N None p See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Willard Sto�kznan Constructs n Corp. The Aetna Casualty and Surety Company
Signature: Signature: �4
Name and Title: Name and IC: Deborah K. Braden
Attorney-in-F act(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephonc)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Lockton Insurance Agency other party):
P.O. Box 8418
Prairie Village, Ks. 66208
ALA DOCUMENT A512•PERFORMANCE BOND AND PAYMfNI BONI)-DLCIMIIER VXW ED.•AIA .a•
THE AMERICAN INSTITUTE OF ARC/IITECTS, 1735 NEW YORK AVE.,N.W.,WASIIINGTON,U.C.Z" A312.1984 4
I The Contractor and the Surely, jointly and severally, 6 When the Claimant has satisfied the conditions of Para.
bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety's ex-
successors and assigns to the Owner to pay for labor, pense take the following actions:
materials and equipment furnished for use in the perfor-
mance of the Construction Contract,which is incorporated 6.1 Send an answer to the Claimant,with a copy to the
herein by reference. Owner,within 45 days after receipt of the claim,stating
the amounts that are undisputed and the basis for chat-
2 With respect to the Owner, this obligation ,,hall be null lenging any amounts that are disputed.
and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, amount~.
for all sums due Claimants, and y 'flit: Sutety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harml(-ss the amount of this Bond,and the amount of this Bond shall be
Owner from all claims, demands, liens or soils by any (redited for any payments made in good faith by the Surety.
person or entity who furnished labor, materials or 8 Arnounts owed by the Owner to the Contractor under
equipment for use in the performance of Ilic Construe file Construction Contract shall be used for the Erfor-
lion Contract, provided the Owner has promptly noli- p'
find the Contractor and the Surety (at Ilia addre'ss de- mance of the!Construction Contract and to satisfy claims,if
scribed in Paragraph '12) of any claims, dt-man(N, liens any, under any Construction Performance Bond. By the
or suits and tendered defense of such claim,.,demands, 0miractor furnishing and the Owner accepting this Bond,
liens or suits to the Contractor and tht- tiurvly, and they agree that all funds earned by the Contractor in the
provided there is no Owner Default. perforrnan(e of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under
3 Willi respect to Claimants, (his obligation hall be null this Bond, subject to the Owner's priority to use the funds
and void if the Contractor promptly makes payment, di- for the completion of the work.
rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
4 The Surely shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shall not be
4.1 Claimants who are ernplvycd by or have a direct liable for payment of any costs or expenses of any Claimant
contract with the Contractor have given notice to the under this Bond,and shall have under(his Bond no obliga-
lions to make payments to, give notices on behalf of, or
Surety (at the address described in Paragraph 12) and
sent a copy,or notice thereof,to the Owner,stating that otherwise have obligations to Claimants under this Bond.
a claim is being inade under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ-
stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to
4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga-
the Contractor:
lions.
.1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, to under this liond Other than in a court of competent jurisdic-
the Owner, within 90 days after having last lion in the location in which the work or part of the work is
performed labor or last furnished materials or located or after the expiration of one year from the date(1)
equipment included in the claim stating,with on which (lie Claimant gave the notice required by Sub-
substantial accuracy, the amount of the claim paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
and the name of the party to whom the mate- labor or service was performed by anyone or the last mate-
rials were furnished or supplied or(or whom rials or equipment were furnished by anyone under the
the labor was done or erformed; and Construction Contract,whichever of(1)or(2) first occurs.
p If the provisions of this Paragraph are void or prohibited by
.2 Have either received a rejection in whole or in law, the minimum period of limitation available to sureties
part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica-
in 30 days of furnishing the above notice any ble.
communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall
the Contractor has indicated tite clairn will he be mailed or delivered to the address shown on the sig-
paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner
.3 Not havingbeenpaidwithintheahove'10days, or the Contractor, however accomplished, shall he .suffi.
have sent a written notice to the Surely(at the cienl compliance as of the date received at the address
address described in Paragraph 12)and smil a shown on the signature page.
copy,or notice thereof, to the Owner, staling 13 When this Bond has been furnished to comply with a
that a claim is being made under this Bond and statutory or other legal requirement in the location where
enclosing a copy of the previous wrillvii noti(a the construction was to be performed,any provision in this
furnished to the Contractor. Bond conflicting with Said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by Iliv Owner shall be deemed deleted herefrom and provisions con-
to the Contractor or to the Surety,that is sufficient c.ontpli. forming to such statutory or other legal requirement shall
ante, be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYM(Nf BOND - ICIM)IER 1')1W U). -AIA s �
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N,W.,WASt11NGTON, U,C. 2lx 1 A312.1964 5
•, 1
Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering;
common law bond. services required for performance of the work of the
Upon request by an Contractor and the Contractor's subcontractors, and
p person or entity appearing to be a all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made. 15.2 Construction Contract:The agreement between
1S DEFINITIONS the Owner and the Contractor identified on the sig;-
15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a sulu ontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default•Failure of the Owner,which has
ment for use in the performance of the('ontract.The neither been remedied nor waived, to pay the Con.
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
tion in the terms"labor,materials or equipment that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
'telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312-PERFORMANCE BOND AND I1AYMLNT BOND-UtCEMBLR 111154 LD. -AIA a
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. no A312.1984 6
A THE AMA CASUALW AND 9URVY COWANV
Hartford,Conivasticut 00110
LIFE A CA SIUALTY
POWER OR ATTORNSV AM ATE OF AUTOOIRITY OF ATT'ORNEV`SHN•FACT
KNOWALL MEN SY THSSSPRESSNTS.THATTHE 4TNACASUALTYANOWASTYCOMPANY,a corporation duty orgsnitad under thelows of the
Stet*of Connacrk"end having Its prIn*0 a"In tad Chy of Hertford,County,of HaoHord.State of Connecticut,teeth made,constituted and
appoiniied,and dmoe all Owe v iws met,overdiku and eppo it J by T. Lo kta T. Le k ton,I II r
Th as S Jy�* hhL, a og e �iiaaion N1lla Ket�,saa or C. is �� �iic sal G. " oat, fc�iaeI D.
Who as Cii$C�Yd.�a Young Brian F Cooper or°�eiforah �rahen, rarland fasWriaaa or
or Gary F. Hatabright David M. Lociton or William M. Fricke Kansas City llissouri.or
Merlin D. Redtield0 tenvxa,Kansas or Don G. Osborne; Les"cid,Kansas or Willism L. Fricke
Shomee MissioneKansas - -
d .161 trots and letsfui AttomaylsHn•FSCt,vAth full power and Authority hereby conferred
so sign,alga ;sold at sty v1 see whin the Unl*d Staso%or,N the following One be stied In,within the woo there damp•
now .1fe fallovirloo Inetn wt6ntlsi:
by hleftta►aola eigndi andeat,anyend as I1,or40,10OW ttttrttae,oontPlsts of In4emnl y,and otherwdtingo obtigatory in the•.slur*of a bond,
moopAwlies,or ooeASensi andrAaW+g,told any sold ON oorwits Incidsmv thcvnto
and to blind THE AIM CASUALTY AND SURETY COMPANY.thereby an fully and to the same e:asnt tat If the cane were Honed by thu duty
awthartatdoMiosts of TNS ATNACASUALTY ANDSURETY COMPANY,and of the state of std Arkensyiei•in-Ken.pureuont to the authority heroin
given,we hereby raNO std oenMnrteti
This appointment N made tttdmr std by oudrorgy dt4e ftsiaattny Stonctlorj flaooirrCone of said Company which Resolutions ore now in full force
and~:
VOTED:That each ddtef liattillev officers:Chain et,VfooChOMWt.PraaidarM.Any Execudve We*Presl dcAAnySettleVkv President.AnyVice
President.AnvAaMatant VbaPesoldeM,Airy Ssatewe.Any A+taistantifouriROry,may tram time to time antolnt Resident VlcePreWdente,Raaldem
Ameloeant Sisrotarise AAOrnairo imFaol,adAgsrksteatafce and ea bolt0ddto Company std maygNe any such n goimw such authority so his
oer060%of sultmW may ptata0be 6o sign rattlf ifM Many s slants end NO with tie Companye out fonds,twgnitencos,contracts of
it dsim"Ity.and other WrIOW obapemy in tfe notureuf a both,rwaarillivotet or avlditi W tart•'tuteking.vA any of said offievrm or the Board of
Directors may Of any tbre rorrhoal trim}!arwft opgoirhs6s ttftd rswmuLt Loa paxtntm ttrxd autltior ry IAvsn him.
VOTED:TkmowbwArooawftenc&comreatofbldmiutRy,awdtInua WAiiyinohone tureofabond.rea:pnirantn,arewditionalundedaklrtp
Mail be veil and bWAM upon tie Cornpeny ytfntn W ofgnad by tots ChMmm.the Via ChrArnen,the President.an Exuartive Vice Prooldont a
Senior Vioe PreoidvA.•Vloo PrOMML an Aelie>a A VIM Ohe0datt or by a f(aaidont Vice fhwrJdsre,pumuent to the power prescribed in the
cani6ea6adsutftoehydattsihRsaltlattVfoef a4&Adtddyitetas tdandoeaWWihthaContporty'sassetbyaSoommr yorAssistantSecretary
or bye RuldentAsafo"Se eatery,puralsort%oftpaa,v poem ibn3tiradeeortifketodcuthodtyoltwtrhRa.4dantltsiatoettSacr etsry:or(b)duly
mwate d(under sent,If raqutrmdl by ono of mica Attamay Awfat%pwau;W to Ms power proaaibed in No or their certificsta or cottificates of
authority,
This Power of Attorney and Certificate ofAultioelty b signed and oreled fly foctdtrrile urdw and by authority of this following Standing Resolution
Aft voted by the Board of Directors of THE ATN^CASUALTY AND SURETY COMPANY which Resolution is now in full forco and effect:
VOTED: That the vigastureoftasks+dMtefodlow tponions:CtWinne rt,ViomChalmlan,Preaidrt.AnyExwAivoVkoPrasident,AnySenio•Vice
Proatdsnt,Arty Vies PresideKAAyAso}".ztt I=Prvddmd.AetyBeetetmtY.A..ryAeolateM Secrstcry.and the seal of the Company may be affixed by
focalmile to any pnwor d mnlay at to snlr ci r0ccl9 foluktp it mreto appolird q Raddent Vko MooldeMS,Resident Assistant Sac. mriss or
Anct neys4 o-Fodfor puspaasatsnptdaneouft and Waft bonds end u rtdod.Oftsand other vMdo eobl igatoryinthenourethereof,andaty
such powerd ettorrisY orow0flow bow"touchfsttlkrtxaelgtnstuttr orfacaimfls seal Owll to valid and bin(flno upoo the Conyarry and any such
pews so executed*W ovdhW by such facaimNe al0nsntre shad facaimile real OwW be valid vW b1piling upon the Company In the future with
reaped to any bored or undootaking to*"c h It Is asaciat
IN WITNESS WHEREOF,THE AMA CASUALTY AND SUREW COMPANY hen carted this Instrument to be signed by in Assistant
Vice President and its ootporace asst to be heroto affixed this 27th
day of September '14 84 ..,
TdKE CA �v stxttrY COMPANY
State of Connecticut J epti Kiernen
*•Hertford Assistant Vice President
Cnunry of Hanford
On thle 27th day of September ,1s 84 before me parconoiiy amt JOSEPH P. KIERNAN
to me kn~,who,b&V by coo duly sworn,did depose and cry:that hQW s Is Atl7iiat tasJt Vice P erafl nt of
THE ATNA CABUALTVAND SURETY MANY,the oorporsdon desorlbed M and which"flu ad ttu wove I�»trtrment: M 7siso knows the
wet of sold oorporodw;flat ts"ofitxerd to Mss aid bttenxh*M Is ouch corporm seal:ad that haJahe executed the bOd inatnimont on behalf
of the conwstlon by st dwhy of his iter office under tfe Stattdbtg RwckMons thamf.
WW ZI 01189 L_
'r•.,.,.,,d'
My 1.
exsWa tdoreir at,tt89 Notary Public
CERTIFICATE JohYnn He Dagnan
1,the undersigned, Secretary d THE AMtA CASUALTY AND EURETY COMPANY.o clock corporation of the
$too of ConreskxA,00 HERESY MM thotthe Mrayafrig end eStac hod Pour GOAN riney std CatlMaafe of Authority re"ne In fun fore and
has not been ravoiad;ends hart emtors,that this Standktg Rasohotbrsa of the Booed of Diractors,ea sat forth in Mw Cerditcete of Authority,are now
In fords.
Slgnod and$asiad M Mte Home OIRas of the Contpa y.In info City of Harife4l F lets th $ day of
`�,� Vitxeat A. Walsh; SatCretory
.($•Reef[)04 ifs PWNTW ird U.S.A.
false