HomeMy Public PortalAboutORD10781 AML
BILL NO. 86-176
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE NO. /0 2 AV
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH J. C. INDUSTRIES,
INC. , FOR THE BROOKS STREET CURB AND GUTTER PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute a contract with J. C. Industries, Inc. ,
for the Brooks Street Curb and Gutter Project, for the sum of
$83,542.00.
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 its passage and approval.
Passed —t.) Approved „�..�,�.� !. 7
P
siding ng Off er Mayor ,
ATTEST:
' a
City Clerk
t 111I 1 11
CONSTRUCTION CONTRACT
THIS C(XgTRACT, made and entered into this _s; day of
19__V-L_, by and between J. C. Industries, Inc.
hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City."
WITNESSETH: That Whereas, the Contractor has become the
lowest responsible bidder for furnishing the supervision, labor,
tools, equipment, materials and supplies and for constructing the
following City improvements: Brooks Street Curb b Cutter Project
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 documents and any applicable City ordinances and
state and federal laws, within twenty five (25)( dt7iW, working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within s_txt_-t f 0)
days after the date of this contract.
2. Prevailing Wages. All labor utilized in the -construction
of the aforementioned improvements shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of a
similar character in this locality, as established by the
Department of Labor and Industrial Relations of the State of
Missouri, and as established by the Federal Employment Standards
of the Department of Labor. Contractor acknowledges that
Contractor knows the prevailing hourly rate of wages for this
project because Contractor has obtained the prevailing hourly
rate of wages from the contents of Special Wage Determination No.
7-026-027 CTDwdX=xx4o�xmxxxxxxxxxxx xxxxxXXXXXX
in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record showing the
names and occupations of all workmen employed in connec -
Lion with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the
workmen in connection with the work to be performed under the
terms of this contract. A copy of the record shall be delivered
to the Director of Public Works each week. In accordance with
Section 290.250 RSMo, Contractor shall forfeit to the City Ten
Dollars ($10.00) for each workman employed, for each calendar day
or portion thereof that the workman is paid less than the
stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contractor shall procure and maintain at its
aim expense during the life of this contracts
AMIL
(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 riot 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 own expense and deliver to the
` City an Owner's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an
amount not less than $800,000 for all claims arising
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 mainta bi all insurance required in Sub-
paragraphs (a), (b) and (c) hereof and in like an�unts.
(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 da-riage policy (or rider attached thereto)
LIE=
of the general contractor provides adequate
protection against claims arising from operations
by anyone directly or indirectly employed 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 completion by the time
above specified, or any extension thereof, or fails to complete
the work by such time, as long as the City does not terminate the
right of Contractor to proceed. It is further provided that
Contractor shall not be charged with liquidated damages because
of delays in the completion of the work due to 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 assignment for
the benefit of its creditors, • or if a receiver should be
appointed for Contractor or for any of its property, or if
Contractor should persistently or repeatedly refuse or fail to
supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any
person supplying labor or materials for the work under the
contract, or persistently disregard instructions of the City or
fail to observe or perform any provisions of the contract.
7. City'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
r
1p
and are necessary for completion of the work. The foregoing
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 Deremher 22 , 19M ______; which7 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
AMk paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
e •
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
P.O. Box 1264 Jefferson City, MO 65102 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 lie hereunto set
their hands and seals this csday of
CITY OF JEFFERSON, M_T._SSOURI
By
MAYOR
ATTEST:
. ,� � • C.te.1Le�
,CITY CLERK
CONTRACTOR
/L57
By .
Title:
ATTEST:
-107-r
SECRETARY
f
SAFECO IANCE COMPANY OF AMERICA
GENERAL I URANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
�� OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
Bond No.—
PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A. Document No.A-311 February, 1970 Edition
KNOW ALL BY THESE PRESENTS,That we, J. C. Industries, Inc.
(Here insert the name and address or legal title of Contractor)
P. 0. Box 1264, Jefferson City, Missouri
as Principal,hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto .
City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101
(Here insert the name and address or legal title of Owner)
as Obligee,hereinafter called Owner,in the amount of Eighty Three Thousand, Five Hundred Forty Two
Dollars and no/100---------------------------- 83,542.00
Dollars($ ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators, successors and
assigns jointly and severally,firmly by these presents.
WHEREAS, Contractor has by written agreement dated January 20 , 19 87 entered into a Contract
with Owner for Brooks Street Curb and Gutter Project
in accordance with Drawings and Specifications prepared by City of Jefferson, 320 E. McCarty,
Jefferson City, Missouri 65101
(Here insert full name and address or legal title of Architect)
which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Contractor shall promptly and
faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
(continued on reverse side)
5.1219 R1 8/77 PRINTED IN U.S.A.
9
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed
Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly
1. Complete the Contract in accordance with its terms and conditions,or
2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder,or, if the Owner elects, upon determination by
Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,
and make available as Work progresses(even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less
the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used
in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend-
ments thereto,less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment
under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs,executors,administrators or successors of Owner.
Signed and sealed this 30th day of January ,19_$?.
J. C. Industries, Inc. (Seal)
rincip
v
(Witness)
Title
SAFECO INSURANCE COMPANY O AMERICA
(Witness)
By
Car Reynolds ___ ttorney-in- act
POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE:SAFECO PLAZA
SEATTLE,WASHINGTON 98185
�ECO
No. 5462
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation,does hereby appoint
------------------JAMES J. LANDWEHR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS,
JeffersonCity, Missouri--------------------------------------------------
its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business,and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 7th day of July
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. -- FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued
pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 30th day of January 1 87
S•13DO R5 3/86 PRINTED IN U.S.A.
LABOR AND MATERIAL I
SAFECO IN ANCE COMPANY OF AMERICA
PAYMENT BOND GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
0 OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
Bond No
Approved by The American Institute of Architects
A.I.A. Document No. A-311 February, 1970 Edition
Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and I
faithful performance of the'Contract.
KNOW ALL BY THESE PRESENTS.That we,
J. C. Industries, Inc., P. 0, Box 1264, Jefferson City, Missouri
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora-
tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto
City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of
Eighty Three Thousand, Five Hundred Forty Two and no/100 Dollars($ 83,542.00 )
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally,firmly by these presei)i.
WHEREAS,Principal has by written agreement dated January 20 , 19 87 entered into a contract with Owner for
Brooks Street Curb and Cutter Project
in accordance with Drawings and Specifications prepared by City of Jefferson, 320 E. McCarty,
Jefferson City, Missouri 65101
(Here insert full name and address or legal title of rc itect
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make
payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject,
however,to the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract,labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
(continued on reverse side)
S•1220 R1 10/72 PRINTED IN U.S.A.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein
defined,who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the
last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant,may sue on
this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due
Claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such
suit.
3.No suit or action shall be commenced hereunder by any Claimant,
a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any
two of the following: The Principal, the Owner, or the Surety above named,within ninety(90)days after such Claimant
did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating
with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is
regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the
state in which the aforesaid project is located,save that such service need not be made by a public officer.
b)After the expiration of one(1) year following the date on which Principal ceased work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the Project,or any part thereof, is situated,or in the United States District Court for the district in which the
Project,or any part thereof,is situated,and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve-
ment, whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this 30 th day of January $ 19 87
J. C. Industries, Inc. (Seal)
-Principal
77 Witness 4
Title
SAFECO INSURANCE COMPANY OF AMERICA
Witness By
Carl E. holds Att ney-in-Fact
POWER SAFECO INSURANCE COMPANY OF AMERICA
OFFICE:SAFECO P
OF ATTORNEY HOME SEATTLE.WASHINGTON 98186
ECO
No. 5462
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
-----------------------JAMES J. LANDWEIIR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS,
Jefferson City, Missouri-----------------------------------------------
its true and lawful attorneys►-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business,and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 7th day of July 19 86
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. -- FIDELITY AND SURETY BONDS . . .the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 18 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued
pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 30th day of January _ 19 87
6.1300 R6 3/86 PRINTED IN U.S.A.
Cih
IIIsItIII1-;�";,6 f4 r IIIIIIIII�Fremlum All premiums for this policy shall be computed in accord,ince with 7MO cable to the insurance afforded herein.Company's rules, rates, rating plans, premiums and minimum preMIL,? ri
i desigr Wed in this policy as "advance premium" is a deposit P1:�h shall be credited to the amount of the earned premium due at the end of Iih period (or part thereof •terminating wi At the close of eac th the T M_049 N IsIIIIIIIIr IIIIII�7 II.............. -IIIIIIIIIIIII? :i.. IVA ..................... IIIIItIIIIat •
,
UNITED STATES FIDELITY AN13 GUARANTY COMPANY
.iJrrl/iurr rs. ,.�(rrr�/nrri�
OWNERS' AND CONTRACTORS! PROTECTIVE LIABILITY INSURANCE
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
DECLARATIONS
Item 1. NAMED INSURED and Address (No. & Street, City, County, Stale, Zip Code) Policy Number 3CC 085811638
s<
Renews New
City of. Jefferson The Named Insured is: E] Individual
❑
320 E a McCarty Partnership ❑ Corporation
Jefferson City, MO fkOther(specify) Municipal�.ty
Business of Named Insured
J Agent or Broker and Address
Item 2. Policy Period Winter Dent & Co.
From Jan. 20, 1987 to Jan. 20, 1988 Jefferson City, MO
12:01 A.M. standard time at the address of the Named Insured as stated herein.
Item 3. 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 liabil-
ity against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.
COVERAGES LIMITS OF LIABILITY ADVANCE PREMIUMS
A. Bodily Injury liability $ WO ,000 each occurrence $ 45.00
0. Property Damage Liability $ 800 '000 each occurrence $ 800 ,000 aggregate $ 55.00 y
Audit Period:_Annual, unless otherwise designated below.
.❑ Semi-annually . ❑ Quarterly ❑ Monthly Total Advance Premium $ 100.00
If the policy period is more than one year and the premium is to be paid in installments, premium installments are payable as follows:
Effective Date $ 1st Anniversary$ 2nd Anniversary $
Description of hazards (Subline 3151 Code No. Rates Advance Premiums
The rating classifications below do not modify Premims Basis Bodily Property Bodily Property
the exclusions or other terms of this insurance. Injury Damage Injury Damage
Cost Per$100 of Cost
Construction operations—owner
(not railroads)—excluding operations
on board s$111ps...................16292 83,542. .052 .03 45.00 55.00
Increased Limits Basic Charge (Subline 325) 99901
Endorsement Nos. GL0032,GL9918,IL0018,
IL0928,GLC9941 Total Advance Premiums $ 45.00 $ 55.00
Designation of Contractor:
J. C. Industries, Inc.
Mailing Address:
P.O. Box 1264, Jefferson City, MO 65102
Location of Covered Operations:
Brooks Street Curb & Gutter
Brooks Street, Jefferson City, MO
**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.
(SEE REVERSE SIDE FOR COVERAGE PROVISIONS)
Countersigned by
Autho d epr sentative
Cwu ft 30(11.62) (Nov. 1.1.75)
•
GL 00 32
(Ed.4.84)
This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement Is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Additional Premium$ Countersigned by
(Authorized Representative) "
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS,LANDLORDS AND TENANTS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
STOREKEEPERS INSURANCE
SW LIABILITY INSURANCE
Amendatory Endorsement
It is agreed that the exclusion relating to bodily injury to any employee of the insured is deleted and replaced by the following:
This insurance does not apply:
(i) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured for which the insured may be
held liable as an employer or in any other capacity;
Ak (ii) to any obligation of the insured to indemnify or contribute with another because of damages arising out of the bodily injury;or
(iii) to bodily injury sustained by the spouse,child,parent,brother or sister of an employee of the insured as a consequence of bodily injury to
such employee arising out of and in the course of his employment by the insured;
This exclusion applies to all claims and suits by any person or organization for damages because of such bodily injury including damages for care
and loss of services.
This exclusion does not apply to liability assumed by the insured under an incidental contract.
GL 00 32 04 84
Copyright, Insurance Services Office,Inc,, 1983
GL 9918
(Ed.03 83)
This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein.
(The following InformMm is regao W only when this endorsement is issued subsequenl to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the Policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS,LANDLORDS AND TENANTS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
AMENDMENT OF DEFINITION—INCIDENTAL CONTRACT
It is agreed that the definition of incidental contract is amended to include any easement or license agreement in connection with vehicle or pedestrian
private railroad crossing at grade.
Instructions
The provisions of this endorsement may be incorporated into General Liability policies.
GL 99 1$03 83 Copyright,Insurance Services Office,1984
IL 0018
(Ed. 10 84)
AMENDATORY 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.
IL 00 18 10 84 Copyright,ri ht, Insurance Services Office, Inc., 1984
Copyright, ISO Commercial Risk Services, Inc., 1984
• IL 09 28
(Ed.05.86)
This endorsement forms a part of the policy to which attached,effective on the lncepfion date of the policy unless otherwise stated herein.
(The following information Is required only when this endorsement Is issued subsequent to preparation of po ft)
Endorsement effective Policy No. Endorsement No.
Named Insured Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
BUSINESS OWNERS POLICY
COMPREHENSIVE GENERAL LIABILITY INSURANCE
CONTRACTUAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS,LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
STOREKEEPERS INSURANCE
POLLUTION EXCLUSION
It is agreed that the exclusion relatingto the discharge,dispersal,release or escape of smoke,vapors,soot,fumes,acids,alkalis,toxic chemicals,
liquids or gases,waste materials,or other irritants,contaminants or pollutants 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:
(i) if the pollutants are brought on or to the site or location in connection with such operations;or
(ii) if the operations are to test for,monitor,cleanup,remove,contain,treat,detoxifyor 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.Waste includes materials to be recycled,reconditioned or reclaimed.
Subparagraphs(a)and(d)(i)of paragraph(1)of this exclusion do not apply to bodily injury or propertydamage caused by heat,smoke or fumes
from a hostile fire.As used in this exclusion,a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to
be.
IL 09 28 05 86 Copyright, Insurance Services Office, Inc., 1986
i�usavc
IMPORTANT NOTICE
GENERAL LIABILITY INSURANCE
CHANGE IN POLLUTION LIABILITY COVERAGE -
This is a summary of the major pollution liability coverage
changes in your policy. If there is any conflict between ' the
policy and this summary, the provisions of the policy apply.
The pollution exclusion appearing in-the policy'has-been'-replacec '.�.-`
by Pollution Exclusion Endorsement IL 09 28.
The original policy language provides that coverage for pollution
is excluded if the introduction of the pollutants is other than
"sudden and accidental." Endorsement--IL=.09 -•28- excludes-the " __
insured's bodily injury and property damage liability arising out
of pollutants introduced at or from particular locations or -
through certain activities whether the introduction of pollutants
is sudden and accidental or non-sudden and gradual. Specifi-
cally, pollution damages at or from premises owned by or rented
to the named insured or .at or from any premises used for the
handling, storage, disposal, etc. of waste are totally excluded.
Pollution damages are also totally excluded if they result from
the transportation or handling of waste in any manner. In addi-
tion, pollution damages arising out of any operations performed
by or on behalf of the insured to test for, monitor., ' clean up,
remove, contain, treat, detoxify or neutralize the pollutants are
totally excluded.
To clarify intent, clean up costs and other associated or -similar. - -- .•-•--._.
costs are specifically excluded.
The exclusion does not apply to damages arising out of the
insured's products or completed operations (if coverage for such
hazard is provided by the policy) , nor to other off-premises
discharges of pollutants not specifically excluded.
These reductions and broadenings are outlined below.
Reductions Broadenings
Sudden and accidental emissions Non--sudden or gradual -emissions
of pollution: of pollutants (other than waste) :
• at or from insured premises; =- o -arising out- of `the products/-:'�
completed operations hazard
• at or from a site used for the (if coverage for such hazard
handling, storage, disposal, is provided by the policy) ; or
processing or treatment of
wastes;
}
(Continued)
.NSURANCS
2 w
Reductions (Cont d.) Broadenings (Cont'd.)
o if' the pollutants 'are trans- o occurring away from insured
ported, handled, stored, . .., premises in connection with
treated, disposed of, or - ongoing operations if:
processed as waste;
o the pollutants are not
a if the pollutants are brought ..:' :._�:::'...: -brought -ion the"site in =
to a job site in connection connection with operations,
with the operations being - and
performed at that site; or =
a operations do not involve
o if the operations involve test- testing -for;--monitoring, • .. --•
ing for, monitoring, cleanup, --- - clean--up; •removing, can-
removing, containment, treat- tainment, treatment, de-
meet, detoxification or toxification or neutrali-
neutralization of pollutants, zation of pollutants.
• i
This endorsement form a put of the policy to which attached,effective on the Inception date of the policy unless othmise stated herein.
Mw(o I*nj information Is"Irod only when this endorsement Is Issued suhaegusnt to preparation of policy.)
Endorsement effectivo Policy No, Endorsement No.
r
Named Insured
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
AMENDATORY ENDORSEMENT
(Other Insurance)
Condition 6. Other Insurance is replaced by the following:
6. Other Insurance—The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence
of other insurance. When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or con-
tingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance.
As respects the Named Insured, this insurance is excess when the Named Insured has other insurance to apply on a primary basis for:
(a) operations performed on behalf of the Named Insured, and
(b) any act or omission of the Named Insured or any of his employees in connection with his supervision of such operations.
When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable
under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below:
(a) Contribution by Equal Shares—If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall not be
liable 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 applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so laid the
remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the
full amount of the loss is paid.
(b) Contribution by Limits—If any of such other insurance does not provide for contribution by equal shares, the Company shall not be liable for a greater
proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and
coi ectible insurance against such loss.
QLC 99 41 (8.86)
� w
Of Linder No.
NAME AND ADDRESS OF AGENCY COMPANY
United States Fidelity & Guaranty
Winter-Dent & Co. - Erfoc— tle I�T� m -2
P.Q. Box 1046 Expires ] 12:01 am ❑ Noon 1-20 .19 88
Jefferson City, Mo. 65102 ❑This binder is issued to extend coverage in the above named
company per expiring policy 4 _
IokceUl as noted Gtlawl�
NAME AND MAILING ADDRESS OF INSURED Description of Operatlon/Vohicles/Property
City of Jefferson
320 East McCarty Owners Protective Liability
Jefferson City, Mo. 65101
Type and Location of Property CoverageiPeriislForms Amt of Insurance Ded,
i
P
R
0
P
E
R
T
Y
Type of Insurance Coverage/Forms Limits of Liability Each Occurrence Aggregate
L -- Bodily Injury �.M
❑ Scheduled Form n Comprehensive Farm Owners y f y $ 800,000. $800,000.
❑ Premises/Operations Protective
L ❑ Products/Completed Operations Liability Property Damage $ $
1 ❑ Contractual Bodily Injury &
T ❑ Other (specify below) Property Damage $ $
Y
❑ Med.Pay. $ Per $ Per Combined
Personal Injury
❑ 'arsenal Injury Person Accident ❑ A 11 B ❑C Is _
Limns of Liability
A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury(Each Person) $
U
O
❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $
M ❑ Collision-Deductible $ --
8 ❑ Medical Payments $ Property Damage $
1 ❑ Uninsured Motorist $
E ❑ No Fault (specify): Bodily Injury & Property Damage
❑ Other(specify); Combined $
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONSIOTHER COVERAGES
Project: Brooks Street Curb & Gutter
J.C. Industries, Inc. , P.O. Box 1264, Jefferson City, Mo. 65102 is responsbile for premium
and audit.
NAME AND ADDRESS OF U MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED
LOAN NUMBER
7
1-30--87
Signaw a of ll, z Representative ��— Date
ACORD 75(11177-c) ��
®r ISSUE DATE(MM/UD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Winter-Dent & CO. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES WILOW.
P.O. Box 1046 ---
Jefferson City, Mo. 65102 COMPANIES AFFORDING COVERAGE
LETTERNY United States Fidelity & Guaranty
COMPANY
INSURED LETTER
J.C. Industries, Inc.
LETTERNY
P.O. BOX 1264 COMPANY D
Jefferson City, Mo. 65102 LETTER
COMPANY
LETTER
A
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 EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN TIIOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MWDE)IM DATE(MWDDNY) EACH E_TE
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
X COMPREHENSIVE FORM INJURY $ $
X PREMISES/OPERATIONS MP 070268517 7-:1-86 7-1-87 PROPERTY
X UNDERGROUND DAMAGE $ $
EXPLOSION 6 COLLAPSE HAZARD
X PRODUCTSICOMPLETED OPERATIONS
X CONTRACTUAL COMBINED $ 500, $500,
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY PERSONAL INJURY $500,
AUTOMOBILE LIABILITY OWLY
}{ ANY AUTO INJURY IPER PERSON) $
BAP089830390 7-1-86 7-1-87
X ALL OWNED AUTOS(PRIV.PASS.) eOOI DDILv
}{ ALL OWNED AIIfOS(OTHER THAN) INJURY
PRIV.PASS, (PER AcDOENn $
}{ HIRED AUTOS PROPERTY
X NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
BI 6 PD
COMBINED $ 500,
EXCESS UABILITY
X UMBRELLA FORM CEP 089900350 7-1-86 7-1-87 COMBED
$ 5,000, $5,000,
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS'COMPENSATION
AND 70000369868 7-1-86 7-1-87 $ , (EACH ACCIDENT))
EMPLOYERS'LIABILITY $500, (DISEASE-POLICY LIMIT)
$100, (DISEASE•EACHEMPI.OYFE)
OTHER —
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
Project: Brooks Street Curb & Gutter
0 � �
City f Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.y o PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
320 East McCarty MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City, Mo. 65101 LEFT,BUT FAILURE TO MAIL-1—1 NOTICE SHALL IMPOSE NO OBLIGATION OR LI A•BIUi'Y
y OF ANY KIND UPON THE C ANY, ITS AGENTS OR REPRESENTATIVES.
ALIT H REPAESENTATR