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HomeMy Public PortalAboutORD10852 BILL NO. 87-37 SPONSORED BY COUNCILMAN HALSEY, DAVIS, WOODMAN, BORGMEYER ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C. INDUSTRIES, INC. , FOR CURB AND GUTTER ON TANNER BRIDGE ROAD. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with J.C. Industries, Inc. , for curb and gutter on Tanner Bridge Road for a sum not to exceed $364, 630.00. 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 Approved /g Presi g Officer Mayor F!TTEST*, t City Clerk AIM f Lei IIIIIlIiIIIItItII.......... IItIIt-I i V7 lII ,N� itZ llII ..........320 East McC-rirty I iIIPolicy Period IIIJune 1 5 1987 to June 15, 1988 12-01 A.M. standard time at the address of the Named Insured as stated IIIIIIIIIIIIIiII............IIIEli IIitII14 IitIIIIIlIIIII '14 i It IG,r IIIIIIIIIIII14 IIIIIIIIIIIIIIIIIIi-r.f4 I7,1 I .......... IIitIIIIIIit I I IIIII r. - U NITED STATES FIDELITY AND GUARANTY Ck)MPANY .�nl/iiyr rr, ,.��ir�/i�nr� � • OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR DECLARATIONS 085812067 Item 1. NAMED INSURED and Address (No. & Street, City, County, State, Zip Code) Policy Number 3CC Renews NEW F City of Jefferson 320 East McCarty The Named Insured is: ❑ Individual ❑ Partnership ❑ Corporation Jefferson City, 110 65101 10 Other(specify)Municipality J I Business of Named Insured L_ Agent or Broker and Address Item 2. Policy Period Winter—Dent 8 Co. From June 15, 1987 to June 15, 1988 Jefferson City, MO 65102 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 $ 800 ,000 each occurrence $ 190.00 B. Property Damage Liability $ 800 ,000 each occurrence $ 800 ,000 aggregate $ 135.00 Audit Period: Annual, unless otherwise designated below. ❑ Semi-annually ❑ Quarterly ❑ Monthly Total Advance Premium $ 325.00 If the policy period is nee than one year and the premium is to be paid in installments, premium installments are payable as follows: Effective Date $ Ist Anniversary $ • ; 2nd Anniversary $ Descrirtion of Nazards (Subllne 315) Code No. Rates Advance Premiums The rating classifications below do not modify Premium Basis Bodily Property Bodily Property the exclusions or other terms of this insurance. Injury DanraAe Injury Damage Construction operations-owner (not Cost Per $100 of Cost railroads)-excluding operations on hoard ships - 16292 364,630. .052 .037 190.00 135.00 Increased Limits Basic Charge (Subline 325) 99901 Endorsement Nos. GL9918; GL0032; IL0018; IL0928; GLC9941 ; Total Advance Premiums $ 190.00 $ 135.00 Designation of Contractor: J. C. Industries, Inc. Mailing Address: . R.,O. Box 1264, Jefferson City , MO 65101 Location of Covered Operations: Curb and Gutter Project - Tanner Bridge Road )10(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 ?Pr i-z e 'R45 r-e s e n a I i v e c CasusRy 39(11.82) (q�r. r•1.7�) GL 9918 (Ed.03 83) This endorsement forms a part of the policy to which attached,effectivq on the Inception date of the policy unless otherwise stated herein. (The following Information Is required only when this endorsement Is Issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No, Named Insured Countersigned by (Authorized Representative) This endorsement modifies such insurance as Is afforded by the provisions of the Policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE 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 18 03 83 Copyright,Insurance Services Office,1984 • CL 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 S61P 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 maybe held liable as an employer or in any other capacity; (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 bodi!y 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 1 M ' 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, Insurance Services Office Inc. 1984 Copyright, ISO Commercial Risk Services, Inc„ 1984 IL 0928 (Ed.05.86) This endorsement forms a part of the policy towhich attached,effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: 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 S70REKEEPERSINSURANCE 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 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; r (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 orrwhich 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,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,cleanup, 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 property damage 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 r r This endoaM forma a part of the policy to which attached,effective qn the inception date of the policy unless otherwise stated herein, (The fallowing Irr wrAm Is"Mod onfy Milan lids mlommsnt Is issued obsequont to provation of policy.) Endorsement effective Pblicy No, Endorsement No. Mh Named Insured Countersigned by (Autfnerlted Representathre) This endorsement modifies such Insurance as is afforded by the provisions of the policy relating to the foila#Ing: 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 paid 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—It 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 collectible insurance against such loss. GLC 99 41 (8.86) CONSTRUC'T'ION CONTRACT Am qW THIS CONTRACT, made and entered into this 16th _ day of June , 19 87 by and between J.C. Industries, Inc. r hereinafter called "Contractor", and the City of Jefferson, Missouri., a municipal corporation, hereinafter called "City." WI'I'NESSETH: 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: 1987 Curb & Gutter Project, Tannerbridge Road 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 ninety-five (95X)bUX-Nid�iK working) days fra-n the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within sixty (60) days after the date of this contract. Am 2. Prevailing Pages. 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. 7-026-101 mNgxftgXmixloxy xxxxxXXXXXXXXXXXXXXXXXXXXX , 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 - tion with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workw-n 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 R.S!�b, Contractor shall forfeit to the City Ten Dollars ($10.00) for each worlinan 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. Aft 3. Insurance. Contractor shall procure and maintain at its oem expense during the life of this contract: (a) Workmen's q�Lmisatlon Insurance for all of its employees to be engaged in work tinder this contract. (b) Contractor's Public Liability Insurance in an imnount 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 Liabilit Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Cf:merls 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 maintain all insurance required in Sub- paragraphs (a), (b) and (c) hereof and in like amounts. A. 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 fro-n 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 procurarp-nt of Contractor's protective insurance (or contingent public liability and contingent property da•-rage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property darik-ige policy (or rider attached thereto) 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. q7he 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 coVletion, 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 AM 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 provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Guards and Tights. 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 —June 3, 19 87 , 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 DocLrr_nts. 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 docu:ronts enumerated in this paragraph, form the Contract 1:<tween the parties. These documents are as fully a part of the• contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the AM RP 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.n_ Box 1264, Jefferson City, MO 65101 The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreemrsnt and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TESTIMONY I%T EREOF, thp parties have hereunto set their hands and seals this day of u--R lg CITY OF JEFFERSON, MISSOURI By ATTEST:. CITY CLERK CONTRACIOR By Titl ATTEST: SECRETARY t. Se retary �� 195UE DATE(MM/DD/YY) 6-15-87 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND, Winter-Dent & Co. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1046 COMPANIES AFFORDING COVERAGE �- Jefferson City, Mo. 65102 LETTERNY A United States Fidelity & Guaranty COMPANY INSURED LETTER J.C . Industries, Inc. COMPANY P.O. Box 1264 LETTER Jefferson City, Mo. 65102 COMPANY ft LETTER COMPANY LETTER d THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO 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 THOUSANDS L'tR TYPE OF INSURANCE POLICY NUMBER DATE IMWDOIYI'1 DATE(M6VDI EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM MP 0 7 0 2 6 8 517 $500 , $ 500, INJURY A X PREMISES/OPERATIONS PROPERTY EEXPLOSIONU&COLLAPSE HAZARD $ 5 0 , 0 0 0 • P D 7-1-86 7-1-8 7 DAMAGE $500 , $ 500 , K PRODUCTSCOMPLETED OPERATIONS CONTRACTUAL BI&PD COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 500, AUTOMOBILE LIABILITY OWLY A aNV.auro BAP089830390 7-1-86 7-1-87 iffRmsom $ 500 , ALL OWNED AUTOS(PRIV. PASS.) WILY ALL OWNED AUTOS(OTHER THSNI � � $ 500 , HIKED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ 250 , GARAGE LIABILITY DI 8 PD COMBINED $ EXCESS LIABILITY UMBRELLA A COMBINED $ 5 , 000 $ 5 , 000 OTHER THAN UMBRELLA FORM WORKERS'COMPENSA'T'ION STATUTORY A AND 70000369868 7-1-86 7•-1-87 $100 , (EACH ACCIDENT) EMPLOYERS'LIABILITY 15 0 0,(DISEASE•POLICY LIMIT) $ 10 O (OISEASE•EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS^ JOB: 1987 Curb & Gutter Project- Tanner Bridge Road • � o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Jefferson PIRATI J$ DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 East McCarty MAIL lU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Y LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Jefferson City, Mo. 65101 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTH�I AEPRESIENTATIVE a b ° Blndar No. or � • e • e • • e e • e • NAMt AND ADDRts5 or AG COMPANY Winter-Dent & Co. United States Fidelity & Guaranty P.O. Box 1046 -Elfective-2-.-+UIa m - 19 Jefferson City, Mo. 65102 _Expires A 12:01 am ❑ Noon 6-15 ,19 88 ❑This binder is Issued to extend coverage in the above named company per expiring policy N ___ laxcopt as noted bnbwl NAME AND MAILING ADDRESS OF INSURED_ Description of Operat Ion/Vefllcles/Property City of Jefferson 320 East McCarty Owners Protective Liability Jefferson City, Mo. 65101 Type and Location of Property Coveragel Perils/Forms Amt of Insurance Dad. Coins. P R 0 ' P E R T Y Type of Insurance Coverage/Forms Limits of Liability L ___ ��� ��_ _ Each Occurrence Aggregate I ❑ Scheduled Form [IR Comprehensive Form Owners Bodily Injury $800 , 000 . $ 800 , 000 FJ Premises/Operations Protective ❑ Products/Completed Operations Liability' Property Damage $800, 000 . $ 800, 000 ( ❑ Contractual Bodily Injury & T ❑ Other (specify below) Property Damage $ $ Y ❑ Mod.Pay. $ Per $ Pe? Combined j Person Acc.dent B El C _❑ Personal In ur y ❑ A D_ Personal Injury $ nn Limits of Liability A lY1 Liability L_1 Non owned ❑ Hired Bodily Injury(Each Person) $ U T ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $ o ❑ Coll ision-Deduclible $ M 0 L] Medical Payments $ Property Damage $ B I ❑ Uninsured Motorist $ L ❑ No Fault (specify): Bodily Injury & Property Damage E ❑ Other (specify): Combined $ WORKERS' COMPENSATION — Statutory Limits (specify stales below) ❑ EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONS/OTHER COVERAGES JU13 198 7 -Cr and nd GLf - Tanner Bridge Road J.C. Industries , Inc. , P.O. Box 1264 , Jefferson City, Mo. 65102 is responsible for premium and audit . [N,A1,AEAN0,A,0,U11E SS OF ❑ MORTGAGEE ❑ LOSS PAYEE ❑ AUD1 INSURED LOAN NUMBER Sig 6-15-87 y _ Signature of Aul d Represonlative Date 7 •el 1111111,112111!111111, 5111'11111131111111111111111111!11�!Illljii�1111I ISSUE DATE(VI%1iDD11Y) 06/26/87 PRODUCER THIS CER71FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS CERTIFICATE DOES NOT AMEND, NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERT WINTER-DENT I CO. 101 E. McCarty Street I EXTEND OR ALTER THE COVERAGE-AFFORDED BY 'T"HE POLICIES BELOW. 0. Box 1046 COMPANIES AFFORDING COVERAGE efferson City Mo 65102 ------ -------- A USF&G INSURED T Tf:a J. C. Industries, Inc. C P. O. Box 1264 'Y Jefferson City MID 65102 F-7f.44 ID LETTER t wt E f 1 .5 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,TERRI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. 00 TYPE OF INSURANCE POLICY NUMBER ALL LIMITS IN THOUSANDS LTR ----_-1------- ­-—-- ------- GENERAL LIABILITY 7 i A T COMMERCIAL GENERAL LIABILITY 11P0135740380 07/01/87 07/01/88 $ 500, A x CLAN Fx S MADE 0CCL)R9;F%Cf 500 I A X $000000 50, AUTOMOBILE LIABILITY A X_ ANY AUTO BAP096777439 07/01187 07101/88 $ X ALL UVV-YtLJ AUTOS X SCHEDULED AUTOS V!R $ 500, A X HIRED AU-05 l enc { -- ....- --— A X NON OWNED AUTOS 500, GARAGE LIABILITY 250, EXCESS LIABILITY F C A i G I IF G 1.T E A CEP094357934 07/01/97 07/10/88 5,000, 1-$ 5,000, OTHER THAN UMBRELLA FORM A 7000369876 07/01/E37 07/01788 WORKERS'COMPENSATION --------- AND EMPLOYERS'LIABILITY OTHER AGeneral Liability ee above 00000 Bodily Injury $500, Property Damage $250, XC Prop Damage 0 7/0 1/9 7 07/0 1 8 G $500 DESCRIPTION OF OPERATIONS/LOCATIONS J VEHICLES I RESTRICTIONS,,Y1EC;A[ HII-MIS JOB: 1987 Curb & Gutter Project - Tanner Bridge Road SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. ,,ity of Jefferson PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO `0 East McCarty MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE f f ersan C i ty MO 651 O 1 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, E N'T AIZ� HOLDER-ID 003 w - NO SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF HOME OFF CIE; SAFECO PLAZA SEATTLE,WASHINGTON 118185 Bond No. 5107071 PERFORMANCE BOND Approved by The American Institute of Architects A.I.A.Document No.A-311 February,1970 Edition KNOWALL BYTHESEPRESENTS, That we, J. C. Industries, Inc. , (Here insert the name and address or legal title of Contractor) _ P. 0. Box 1214, Jefferson City, Missouri 65102 _ as Principal,hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto City of Jefferson 320 East McCarty. Jefferson City, Mo (Here insert the name and address or legal title of{Owner) as Obligee,hereinafter called Owner,in the amount of 'Three FJundred Sixty Four Thousand Six Hundred Thi rtv and un 1100------------------------------- _Dollars($ 364,630.00 ), 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 June 16 , 19—H entered into a Contract with Owner for 1987 Curb & Gutter Project, Tanngrbrid a Road in accordance with Drawings and Specifications prepared by amity of Jefferson, Missouri (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 9/77 PRINTED IN U.S.A. Whenever Contractor shall be, and declared by Owner to be in default tinder the Contract, the Owner having performed Owner's obligations thereunder,the Surety may promptly remcuy the default,or shall promptly 1. Complete (lie 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 tite 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 15th day of June 'lq 87 J. C. Industries, Inc. Seal Principal (Witness) itle SAFECO INSURANCE COMPANY OF AMERICA (Witness) By _ . eynolda ttorney-in act Carl E POWER SAFECO INSUf1ANCE COMPANY OF AMERICA OF , "I ORNEY HOME OFFICE:SAFECO PLA:LA SFATTLE,WASHINGTON 98185 SAFECO AM 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; CART, E. REYNOLDS, JeffersonCity, Missouri-----__..__.,___–_____________e_MS__----__...___–__..___--- 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 $6 , 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 , 15th -,day of June 11987 g' 9Q0 N6 J.tl8 PRINTED IN U.S A. LABOR AND MATERIAL SAFECO INSURANCE COMPANY OF AMERICA PAYMENT BAND GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY � a� OF AMERICA HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 7 Bond No. 5107071 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 faithful performance of the Contract. KNOW ALL BY T111.-SE PRFSF,NTS,T I i a t we, J. C. Industries, Inc. (Here insert the name and address or legal title of Contractor P. 0. Box 1214, Jefferson city) Missouri 5102 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 East McCarty, Jefferson City, MO (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 Three Hundred Sixty Four Thousand Six Hundred Thirty and noolpQs($ 364,630.00 ), (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 presents. WHEREAS,Principal has by written agreement dated_ June 16 19 87 entered into a contract with Owner for 1987 Curb & Gutter Project, Tannerbridge Road in accordance with Drawings and Specifications prepared by City of Jefferson, Missouri (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 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: lipI. 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 PRINTE0IN U.S.A. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner (flat every Claimant as herein defined, who has not been paid in full before the expiration of it period of ninety (90) days alter the date oil which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Clahnnot,may suc on this bond for the use of such Claimant, prosecute the suit to final judgment for such suan or sums as may be justly title Claimant, and have execution thereon.The Owner shall not be liable for the payment of*any costs or expenses ot'any such suit. 3.No suit or action shall be commenced hereunder by any Claimant, a) Unless Claimant, other than one having it 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 (he 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 scaled this 15th day of Juno , 19 8 . Jz C. Industries,_ Inc. (Seal) - Principal Witness •'A ' Ic SAFECO INSURANCE COMPANY OF AMERICA Witness Q, 1 By Carl E. Reynolds orney-in-Fact gi POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY SEATTLE,OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 SEGO AOh 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 , 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 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." I, Bah 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 i'. this 15th day of June , 19 87 S.1300 R5 346 PRINTED IN U.S.A.