HomeMy Public PortalAboutORD11024 BILL NO. 88-1
SPONSORED BY COUNCILMAN MASON
ORDINANCE NO. //V a y
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WILLARD STOCKMAN
CONSTRUCTION CORPORATION FOR THE 1988 CURB AND GUTTER PROJECT FOR
EAST MCCARTY.
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 Willard Stockman Construction
Company for the 1988 curb and gutter project for East McCarty for
a sum not to exceed $470,947.00.
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 2 &- Approved LfL . L S �'
Pre ir"Of ficer ayor
ATTEST:
City Clerk
c
'• CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this SL�'(_ day of
- Y\(!0 , , 19 5 , by and between W{ ,1 Stockman
Cnnstr+_ .t i n Car o at nn , 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: 1988 curb & Gutter Project, East
McCarty Street
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 100 ((Xaxodm, working)
days from the date Contractor is ordered to proceed, which order
shall be issued by the Director of Public Works within 10
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 l
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.
5-026-063 an&gxx AE}dI'X}I1k=xxxxxxxxxxxxxxxxxxxxxxxxxx
in which the rate of wages is set forth. The Contractor further
agrees that Contractor will keep an accurate record showing the
nanes ' and occupations of all workmen employed in . connec -
tion with i - 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
own expense during the life of this contract:
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(a) Workmen's Compensation Insurance for all of its
enployees to be engaged in work under this contract.
® (b) Contractor's Public Liability Insurance in an amount
not less than $800,000 for all claims arising out of a
single occurrence and $100,000 for any one person in a
single accident or occurrence, except for those claims
governed by the provisions of the Missouri workmen's
compensation law, Chapter 287, RSMo., and Contractor's
Property Damage Insurance in an amount not less than
$800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount not less
than $800,000 for all claims arising out of a ' single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its 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
Adh liability for damage to underground structures or by
reason of blasting, explosion or collapse.
(e) Subcontracts. In case any or all of this work is
sublet, the Contractor shall require the Subcontractor
to procure and maintain all insurance required in Sub"
paragraphs (a), (b) and (c) hereof and in like amounts:
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall
provide adequate protection for the Contractor and its
subcontractors, respectively, against damage claims
which may arise from operations under this contract,
whether such operations be by the insured or by anyone
directly or indirectly employed by it, and also against
any special hazards which may be encountered in the
performance of this contract.
NOTE: Paragraph (f) is construed to require the
procurement of Contractor's protective insurance
(or contingent public liability and contingent
property damage policies) by a general contractor
whose subcontractor has employees working on the
project, unless the general public liability and
property damage policy (or rider attached thereto)
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of the general contractor provides adequate
protection against claims arising from operations
by anyone directly or indirectly employed by the
Contractor.
® A. 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 employers 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 per day 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 right4
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 work en 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
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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 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 Conta:actor 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 _Apr; 1 1 1 , 19 g g , which are by reference made a
part hereof. No partial payment to the Contractor shall operate
as approval or acceptance of work done or materials furnished
hereunder.
12. Contract Documents. The contract documents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
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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 siinilar 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
2615 Schott Road, 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 agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
16. IN TESTIMONY WHEREOF, �he parties have hereunto set
their hands and seals this day of J7'\e
19 <R �
CITY OF JEFFERSON, MISSOURI
W
® ATTEST: f
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CITY CLERK
CONTRACTOR
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itle:
ATTEST:
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F�,;INSU9 SP NCE ISSUE DATE(MM/DD/VY)
CERTIFICATE ®
. � ." •iD3I31ir9�!' 03!31/89
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
Lockton Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. Box 8418 COMPANIES AFFORDING COVERAGE
Prairie Village Ks 66208
COMPANY
CODE SUB-CODE
LETTER A California Compensation (Hanover)
COMPANY
INSURED 158 LETTER B Massachusetts Bay (Hanover) .. .
Willard Stockman Construction COMPANY
Corporation LETTER C
Star Route 29 Schott Road COMPANY
Jefferson City, MO 65101 LETTER D
COMPANY E
LETTER
COVERAGES <:
THIS IS TO CERTIFY THAT THE 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANQ�
TR DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE &200
A X COMMERCIAL GENERAL LIABILITY Z22086861 03/31/89 03/31/90 PROD UCTS•COMPIOPS AGGREGATE $2000
CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY .S 1000
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000
FIRE DAMAGE(Any one lire) .$50
MEDICAL EXPENSE(Any one person) $5
AUTOMOBILE LIABILITY COMBINED
R X ANY AUTO ADK2739013 03/31/89 03/31/90 LIMIITLC 1000
ALL OWNED AUTOS BODILY
INJURY $
SCHEDULED AUTOS (per person)
x .HIRED AUTOS BODILY
INJURY $
X NON-OWNED AUTOS (Per occident)
GARAGE LIABILITY
PROPERTY '$
DAMAGE
t •
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
Umbrella Form Not Applicable $ $
OTHER THAN UMBRELLA FORM xxxxxW, xxxxxxxxxx
WORKER'S COMPENSATION STATUTORY
$ 100 (EACH ACCIDENT)
A AND ; WCK2453687 03/31/89 . 03/31/90 $ 500 (DISEASE-POLICY LIMIT)
EMPLOYERS'LIABILITY
$ 100 (DISEASE-EACH EMPLOYEE)
OTHER
A Rented/Leased Z2086861 03/31/89 03/31/90 $50,000 lmt. per
Equipment form others item/disaster, AR, $500 ded.
DESCRIPTION OF OPERATIONSI LOCAT(ONS IVEHICLESIRESTRICTIONSISPECIAL ITEMS
19A6'..C44"rb, ar�d;t�uter praJect :— Eakst,McCa rthy Jefferson City, Missouri.
CERTIFICATE HOLDER, CANCELLATION
6665 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Jefferson City MO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
320 E. McCarty MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Jefferson City MO 65701 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS A ENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE / r,
ACORD ZIN>D 91'N
lCOMMERCIAL
GENERAL LIABILITY
INSURANCE POLICY
THIS POLICY INCLUDES,
A, DECLARATIONS
B. COMMON POLICY CONDITIONS
C. A COVERAGE PART
CONSISTING OF;
® s COVERAGE FORMS
■APPLICABLE FORMS AND
ENDORSEMENTS
4
THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE IS A CAPITAL STOCK CORPORATION
COMMON POLICY CONDITIONS Milk
All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION during the policy period and up to three years
1. The first Named Insured shown in the Declara- afterward.
tions may cancel this policy by mailing or D. INSPECTIONS AND SURVEYS
delivering to us advance written notice of We have the right but are not obligated to:
cancellation.
2. We may cancel this policy by mailing or deliv-
ering to the first Named Insured written notice Give you reports on the conditions we find;and
of cancellation at least: Recommend changes.
a. 10 days before the eff ctive date of can- A inspections, surreys, reports or recommenda-
cellation if we cancel or nonpayment of do s relate only to insurability and the premiums
premium; or to charged. We do not make safety inspections.
b. 30 days before the eff tive date of can- We o not undertake to perform the duty of any
cellation if we cancel fo 'any other reason. pers or organization to provide for the health or
3. \refun mail or deliver our otice to the first saf of workers or the public. And we do not
Na Insured's last mailin address known w rra that conditions:
to 1. Are afe F healthful; or
4. Nocancellation will st to the effective 2. Comply ith laws, regulations, codes or stan-
daa ellation.The polic period will end dards.
on dat Thi co tion applies not only to us, but also to
5. If tlicy i ancelled, we w l send the first any g, advisory, rate service or similar organi-
NaInsure ny premium re and due. If we zation which makes insurance inspections,surveys, ift
cathe refun will be pro r ta. If the first reports or recommendations.NaInsured c icels, the re and may PREMIUMS
lesn pro rata. he cancel) tion wieff even if we ha a not mad or offeire a The first Named Insured shown in the Declarations:
ref 1 . Is responsible for the payment of all premiums;
6. If notice is mailed, proof, of mail g will and
sufficient proof of notice. "�, 2. Will be the payee for any return premiums we
B. CHANGES 1,'� pay.
This policy contains all the agree nts etween F. TRANSFER OF YOUR RIGHTS AND DU-
you and us concerning the insurance for ed.The TIES UNDER THIS POLICY
first Named Insured shown in the De r ions is Your rights and duties under this policy may not be
authorized to make changes in the ter s of this transferred without our written consent except in
policy with our consent.This policy's term an be the case of death of an individual named insured.
amended or waived only by endorsement issued If you die, your rights and duties will be transferred
by us and made a part of this policy. to your legal representative but only while acting
C. EXAMINATION OF YOUR BOOKS AND within the scope of duties as your legal represen-
RECORDS tative. Until your legal representative is appointed,
anyone having proper temporary custody of your
We may examine and audit your books and property will have your rights and duties but only
records as they relate to this policy at any time with respect to that property.
IL 00 17 11 85
I
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
1&1. The insurance does not apply: 2. As used in this endorsement:
A. Under any Liability Coverage, to"bodily injury" "Hazardous properties" include radioactive, toxic
or"property damage:" or explosive properties;
(1) With respect to which an"insured" under "Nuclear material" means "source material,"
the policy is also an insured under a "Special nuclear material" or "by-product
nuclear energy liability policy issued by material;"
Nuclear Energy Liability Insurance Associ- "Source material,""special nuclear material," and
ation, Mutual Atomic Energy Liability "by-product material" have the meanings given
Underwriters, Nuclear Insurance Associa- them in the Atomic Energy Act of 1954 or in any
tion of Canada or any of their successors, law amendatory thereof, "Spent fuel" means any
or would be an insured under any such fuel element or fuel component, solid or liquid,
policy but for its termination upon ex- which has been used or exposed to radiation in a
haustion of its limit of liability; or "nuclear reactor,"
(2) Resulting from the"hazardous properties" "Waste" means any waste material (a) containing
of "nuclear material" and with respect to "by-product material" other than the tailings or
which (a) any person or organization is wastes produced by the extraction or concentra-
required to maintain financial protection tion of uranium orthorium from any ore processed
pursuant to the Atomic Energy Act of primarily for its"source material" content, and (b)
1954, or any law amendatory thereof, or resulting from the operation by any person or
(b) the "insured" is, or had this policy not organization of any "nuclear facility" included
been issued would be, entitled to indemnity under the first two paragraphs of the definition of
from the United States of America, or any "nuclear facility."
agency thereof, under any agreement "Nuclear facility" means:
entered into by the United States of (a) Any "nuclear reactor;"
America, or any agency thereof, with any
person or organization. (b) Any equipment or device designed or used for
(1) separating the isotopes of uranium or
B. Under any Medical Payments coverage, to ex-
penses incurred with respect to"bodily injury" plutonium, (2) processing or utilizing "spent
resulting fuel," or(3) handling, processing or packaging
" from the "hazardous properties" of "'waste;'
nuclear material" and arising out of the
the pro-
(c) Any equipment or device used for operation of a "nuclear facility" by any person cessing, fabricating or alloying of "special
or organization.
nuclear material" if at any time the total
C. Under any Liability Coverage, to"bodily injury"
amount of such material in the custody of the
or "property damage" resulting from the
"hazardous properties" of"nuclear material," " insured" at the premises where such equip-
if: ment or device is located consists of or con-
tains more than 25 grams of plutonium or
(1) the"nuclear material"(a) is at any"nuclear uranium 233 or any combination thereof, or
facility" owned by, or operated by or on more than 250 grams or uranium 235;
behalf of, an"insured" or(b) has been dis- (d) Any structure, basin, excavation, premises or
charged or dispersed therefrom; place prepared or used for the storage or
(2) The "nuclear material" is contained in disposal of "waste;"
"spent fuel" or "waste" at any time and includes the site on which any of the foregoing
possessed, handled, used, processed, is located, all operations conducted on such site
stored, transported or disposed of by or on and all premises used for such operations;
behalf of an "insured;" or
"Nuclear reactor' meat s any apparatus designed
(3) The "bodily in l u ' or"property damage"
or used to sustain nuclear fission in a self-
arises out of the furnishing by an"insured" supporting chain reaction or to contain a critical
of services, materials, farts or equipment mass of fissionable material;
in connection with the planning,construc- ,
tion, maintenance, operation or use of any Property damage" includes all forms of radio-
"nuclear facility," but if such facility is active contamination of property.
• located within the United States of America,
its territories or possessions or Canada,
this exclusion(3) applies only to"property IL 00 21 11 85
damage" to such"nuclear facility" and any
property thereat,
J
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IN WITNESS WHEREOF, This company has caused this policy to be signed by its President and Secretary, and
countersigned on the declarations page by a duly authorized agent of the company.
THE HAWVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
100 North Parkway, Worcester, Massachusetts 01605 „
04 ilk
Secretary President
J
CITIZENS INSURANCE COMPANY OF AMERICA
645 West Grand River, Howell, Michigan 48843
Secretary President $G.,
CALIFORNIA COMPENSATION & FIRE COMPANY
10 Commercial Boulevard, Novato, California 94947
t
Secretary President
�I s
Includes copyrighted material of Insurance services Office, with its permission, Copyright, Insurance services Office, 1982, 1983, 1984, 1985.
421.0004
TO OUR POLICYHOLDERS:
Your renewal Commercial General Finally, we want to point out that this
Liability(CGL) policy includes explanation is provided to help you
several important coverage changes. understand your new policy. It does
not form part of your policy and in no
Your coverages are provided by the way does this booklet alter or modify
coverage sections for which a the actual coverage provided by your
premium is shown, or those that are new policy. For complete details,
indicated as "Included,"on the conditions and exceptions we urge
Common Declarations Page. Refer you to read your policy. Then, if you
to the index of this booklet to find the have any questions about the
sections that discuss the coverages i coverages provided, please contact
provided by your policy. your independent insurance agent.
In some cases the actual coverage
provided is the same or broader than
the coverage you previously had. In
other cases, however, coverage has '
been restricted and you should
understand how this might affect
+� you.
INDEX i
In the following explanation we refer
to terms that are defined in your BROADENED COVERAGE-
policy and have specific meanings. If ALL POLICIES........................................................3
g REDUCED COVERAGE-
you don't understand a term, refer to ALL POLICIES........................................................4
your policy. ' BROADENED COVERAGE-
SPECIFIC POLICIES WITH
ENDORSEMENTS...................................................6 #
REDUCED COVERAGE-
SPECIFIC POLICIES WITH
ENDORSEMENTS................................................... 6
CLARIFICATIONS AND t
PROCEDURAL CHANGES....................................8
r'
1 '
COMMERCIAL GENERAL LIABILITY BROADENED COVERAGE
The changes outlined below apply to all policies, ALL POLICIES
whether they are written on an"occurrence"basis POLLUTION LIABILITY COVERAGE
(as are almost all of the policies issued by Hanover) CGL provides Pollution Liability coverage for the
or on a claims-made basis.Additional provisions following situations only(see REDUCED
apply to"claims-made"policies.Please consult COVERAGE-ALL POLICIES for pollution liability
with your agent for an explanation of the"claims- '
made"provisions,if they apply to your policy. situations not covered):
Your new CGL policy provides Commercial General • non-sudden or gradual emissions of pollutants
Liability Coverage that may represent a broadening (other than waste)arising out
or restriction of the coverage provided by your premises products or completed operations of the off
previous policy.CGL consolidates coverages that hazard;
were previously available under the Comprehensive occurring away from your premises in
General Liability Form and one of the following connection with ongoing operations if the
three forms: pollutants were not brought on the site in
connection with operations,and operations do
• Broad Form Comprehensive General Liability not involve the clean up,containment,etc.,of
Endorsement, pollutants.
• Contractors Broadening Liability Endorsement, LIQUOR LIABILITY COVERAGE
or
Extended Liability Endorsement. (This coverage does not apply if you are engaged in
• y the liquor business yourself.)CGL covers your
statutory liability if you lease premises to someone
To help you better understand how this new policy in the liquor business.The new CGL policy also
may affect you,first determine what form your covers your assumption of liquor law liability.
previous policy included.If you did not have either
the Broad Form Comprehensive General Liability PROPERTY DAMAGE LIABILITY COVERAGE
Endorsement,the Contractors Broadening Liability Your new CGL policy covers property in the care,
Endorsement,or the Extended Liability custody or control of your employees.It also covers
Endorsement then,generally,your coverages have
been broadened as indicated in the Broadened premises that you build and hold vacant for sale.
Coverage sections that follows.Only the coverage COMMON POLICY CONDITIONS-
reductions that apply to All Policies affect you. CANCELLATION
If you previously had the Broad Form We will advise you 30 days prior to cancelling your
Comprehensive General Liability Endorsement,the policy unless the cancellation is for nonpayment of
Contractors Broadening Liability Endorsement,or premium.
the Extended Liability Endorsement then,
generally,you will find that your coverages have SUPPLEMENTARY PAYMENTS COVERAGE
been reduced and all the Coverage Reductions The new CGL policy increases the payments from
apply to your policy.In this case,only the $25 to$100 per day for the"reasonable
Broadened Coverages that apply to All Policies will expenses you incur at our request in helping us
apply to your new CGL policy. investigate or defend a claim.
2 3
DEFINITIONS-"COVERAGE TERRITORY" • if you handle,transport,etc.,the pollutants as
! For Commercial General Liability we will cover waste;
+ losses as long as your legal obligation to pay is • if the pollutants are brought to a job site in
determined in a suit on merit that is brought in the connection with the operations being
United States of America(including its territories performed at that site;or
and possessions),and Canada. if the operations involve the clean up,
In addition CGL extends the territory for products J containment,etc.,of the pollutants.
liability coverage to Worldwide .Aiso,worldwide J PROPERTY DAMAGE LIABILITY COVERAGE
coverage now applies for liability arising out of your
activities while you are temporarily on business The exception in your prior policy for elevators with
trips outside the policy territory. respect to property in your care,custody or control
has been eliminated so that property on elevators
will be treated the same as other property in your
care,custody or control.
i REDUCED COVERAGE
ALL POLICIES FIRST AID COVERAGE
First Aid coverage has been built into the Medical
LIMITS OFINSURANCE Payments coverage of CGL. It is now subject to the
The new CGL policy provides a General Aggregate applicable policy limits.
Limit of Insurance.General Aggregate Limits set the
absolute maximum we will pay under the policy for LOADING AND UNLOADING OFAIRCRAFT OR
s total damages because of all covered claims.Your WATERCRAFT
prior policy included aggregate limits but only for The CGL policy now specifically defines the term
specific individual coverages,including products "loading or unloading:'The coverage you now have
and completed operations,property damage for with respect to the loading or unloading of an
manufacturers and contractors,personal,and aircraft or watercraft may be restricted depending
advertising injury.That policy had limits of liability upon the factual circumstances.
' that applied separately to bodily injury,property
damage and medical expense coverages.The new MOBIL EE.QUIPMENTCOVERAGE
CGL policy limits apply to bodily injury,property „
damage,and medical expense coverages Coverage for road hazard is no longer provided for
S combined. the following types of self-propelled vehicles:
• "cherry pickers"and similar devices mounted
The new CGL policy limits apply as a General on an automobile or truck chassis and used to
Aggregate over all coverages.There are also limits
"per occurrence"and several other sub-limits.See raise or tower workers;
Section III of the Coverage Part for details. air compressors,pumps and generators
including spraying,welding,building cleaning,
POLLUTION LIABILITY COVERAGE geophysical exploration, lighting equipment,
The CGL policy no longer provides coverage for and well servicing equipment.
E sudden and accidental emissions of pollutants:
• at or from your premises;
• at or from a site used for the handling,storage,
disposal,processing or treatment of waste;
4 5
t
BROADENED COVERAGE. loaned to you while not actually being used,any
SPECIFIC POLICIES'WITH ENDORSEMENTS portion of personal property upon which operations
are not being performed.
(These changes represent a broadening of your
policy only if your previous policy did not provide CONTRACTUAL LIABILITY COVERAGE
these coverages.) Contractual liability is restricted to tort liability that
you assume from another person or organization.
MEDICAL PAYMENTS COVERAGE Coverage for liability that you assume in connection
The new CGL policy provides Medical Payments with the ownership,maintenance or use of any auto
coverage with a limit of$5,000 per person. owned or operated by or rented or loaned to any
insured is no longer afforded.
� WHO IS AN INSURED?
€
i The new CGL policy covers your employees as NEWLY ACQUIRED ORGANIZATIONS
M insureds.It automatically covers any organizations Your new CGL policy provides automatic coverage
that you newly acquire,except partnerships or joint for newly acquired organizations.Such coverage is
y ventures. limited to liability for bodily injury or property
damage that occurs after the newly acquired
i CONTRACTUAL LIABILITY COVERAGE organization becomes an insured under the terms
The new CGL policy covers tort liability for bodily of your policy.Coverage for Personal Injury or
injury and property damage that you assume under Advertising Injury is limited to offenses committed
an"insured contract': It provides contractual after the organization becomes an insured.
liability coverage for"third party beneficiaries"and
"operations within 50 feet of a railroad" Coverage is no longer afforded automatically for
newly formed partnerships.Coverage for liability
OTHER CHANGES arising out of the conduct of past partnership or joint
The new CGL policy also provides coverage for Fire ventures which are not shown as named insureds
Damage Liability,Personal Injury Liability, on the Declarations Page of your policy has been
Advertising Injury Liability,Non-owned Watercraft eliminated.
Liability(limited to watercraft under 26 feet in MEDICAL PAYMENTS COVERAGE
length)and extends Bodily injury Coverage to injury
resulting from the use of reasonable force to protect Medical payments are now subject to the newly
persons or property. established policy General Aggregate Limit as well
! as an Occurrence Limit.
All insureds have been excluded from the medical
REDUCED COVERAGE payments coverage rather than just the named
i insured,partners and employees.
SPECIFIC POLICIES WITH ENDORSE
(These changes represent a reduction of your Medical payments coverage for employees of
{ coverages only if your previous policy provided nonresidents has been eliminated,
! these coverages.)
i
BROAD FORM PROPERTY DAMAGE LIABILITY
COVERAGE
To the extent that the care,custody or control
exclusion applies,coverage is no longer provided
away from your premises for:tools or equipment
6 7
2 • •
CLARIFICATIONS AND PROCEDURAL INSPECTION AND SURVEY CONDITION
r ..
CHANGES To help clarify your coverage,the new CGL policy
includes a provision which indicates that the
(Contact your agent if you believe these Inspection and Survey Condition also applies to any
clarifications and changes may reduce your current
coverage.) rating,advisory rate service or similar organization.
s DUTIES IN THE EVENT OF OCCURRENCE,
ENTRUSTMENT OFAUTO,AIRCRAFT OR CLAIM OR SUIT CONDITION
WATERCRAFT This Condition in the new CGL policy specifically
The CGL policy has been reworded to make it clear requires that the Named Insured is responsible for
that liability arising out of entrustment of any auto, notifying us of an occurrence.It also requires that
aircraft or watercraft is excluded. the Named Insured is responsible to see that we
receive prompt written notice of any claim or suit.
PERSONAL INJURYLIABILITY Your previous policy did not have this requirement.
This applies only if your prior policy included
Personal Injury Liability Coverage. PREMIUM AUDIT CONDITION
The new CGL policy specifies that the first Named
The wording in the CGL policy that addresses Insured is responsible for the payment of premium
"wrongful entry or eviction or other invasion of the due and for keeping records and information for
right of private occupancy"has been changed to premium computation purpose.In addition,only the
make it easier to understand this provision. first Named Insured will receive excess premium,if
any,returned by us.
LIMITS OFINSURANCE
A new provision clarifies how the limits of insurance
apply when the last policy period reached its
anniversary and is extended for an additional period
of less than 12 months.
Bodily injury and property damage have been
combined into a single limit.This may result in less
total coverage than was previously provided.The
actual impact will depend on the new limit
purchased and whether or not an incident results in
bodily injury only,property damage only,or a
combination of bodily injury and property damage.
yr ADVERTISING INJURY LIABILITY COVERAGE
(This applies only if you have Advertising Liability
Coverage.)The new CGL policy includes an
exclusion which deals with the failure of goods,
products or services to conform with their
advertised quality or performance.
This pamphlet contains copyright material of
Insurance Services Office,Inc. 1985
8 q
COMMERCIAL LINES POLICY '
COMMON DECLARATIONS
The Hanover insurance Company ❑ Massachusetts Bay Insurance Company New
❑ Citizens Insurance Company of America ❑ California Compensation i Firs Company Renewal 04 Number
Coverape Is Provided in the Company des4nated by (] above,
•• it • •
L 316 Ol -18 AT 12:01 AM STANDARD TIME AT YOUR 2a- 4263
5-10-88 5-10-89 MAILING ADDRESS SHOWN BELOW.
(�Townor nty.SUte,zip Code)
y oJefferson City, Missouri Lockton Insurance Agency
320 East McCarthy Prairie Village, Kansas
Jefferson City, Missouri 65101
SIC 8699
DESCRIPTION OF BUSINESS
Form of Business:
❑ Individual ❑ Joint Venture ❑ Partnership ® Organization(Other than Partnership or Joint Venture)
Business Description:
IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE
WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.THIS POLICY CONSISTS OF THE FOLLOWING
COVERAGE PART(S)FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
Commercial Property Coverage Part ___^______ $ Not Applicable
® Commercial General Liability Coverage Part__—__W_ $�4i4.
® Commercial Crime Coverage Part __`,—__. ,___ $ Not Applicable
® Commercial Inland Marine Coverage Part `__—_ _ __ $ Not Applicable
Boiler and Machinery Coverage Part ___.,.__—__,__ $ Not .Applicable
Commercial Auto Coverage Part ___`———___—_ $ Not Applicable
PREMIUM
®Prepaid—The total annual premium oft 24.4• is due at inception DIRECT BILL:
❑Annual installments—S due at inception,and i due at each anniversary' ❑ PREPAID
❑Hanocash—The annual premium of i is payable according to the terms of the Hanocash endorsement attached. Cl 4-PAY
+ (II ® anniversar adiustment of rates is waived)
s Audit Period;Non•Auditable Unless indicated By® Annual Semi-Annual Quarterly Monthly Other Waived
Form(s)and Endorsement(s)applicable to all Coverage Part(s)and made a part of this policy at time of Issue':
Countersigned:
KF/bc 6-8-88 g
y Autt rde re ative
THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORMS) AND :
FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY,
FORM 4010022(1185) INSURED (IL 00 19)
MEN OWNERS AND CONTRACTORS PROTECTIVE LIABILITY
COVERAGE PART DECLARATIONS
New ❑ Supplemental Declarations is attached.
Renewal of Number
POLICY PERIOD
POLICY NUMBER.. T
AT 12.101 AN STANDARD TIME AT YOUR MAILING
L 316 01 18 5-10-88 5-10-89 ADDRESS SOWN ON THE COMMM DECLARATKM 22-4263
NUANCE
Aggregate Limit $ Per 221-0163
Each Occurrence Limit $ Attached
DESIGNATION OF CONTRACTOR
Name: Willard Stockman Construction Cnrpnratinn
Mailing Address: Star Route #2, Schott Road
Jefferson City. Missouri 65101
Location of Covered Operation: 891 Curb and Gutter, East mrcarthy
WNERS AND CONTRACTORS PROTECTIVE LIABILITY SCHEDULE
Premium Rate per Advance
Classification Code No. Base $1000 cost Premium
0
(Cost)
„ Construction 16291 $470,947 .518 244.
zOperations -
C% Contractor (Not
Railroads)
„= Excluding Operations
on Board Ships
d
0
E_
FL
r
at
a�
s=
0
C
N
A
Total Advance Premium $ 244.
FORMS AND ENDORSEMENTS
Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue:
$ IL 0021 (11/85) CG0009(11/85) CG0004(2/86) CG2929(9/87) 221-0163
THESE DECLARATIONS AND THE COMMON POLICY DECLARATION$ IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE
FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY,
FM 421.00N
INSURED
• COMMERCIAL GENERAL LIABILITY
OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage. b. Damages because of "bodily injury" include
Read the entire policy carefully to determine rights, damages claimed by any person or organization
duties and what is and is not covered. for care, loss of services or death resulting at any
Throughout this policy the words "you" and "your" time from the "bodily injury."
refer to the Named Insured shown in the Declara- c. "Property damage"that is loss of use of tangible
tions. The words "we", "us" and "our" refer to the property that is not physically injured shall be
Company providing this insurance. deemed to occur at the lime of the "occurrence"
The word "insured" means any person or organiza- that caused it.
tion qualifying as such under SECTION 11 - WHO IS 2. Exclusions.
AN INSURED. This insurance does not apply to:
Other words and phrases that appear in quotation a. "Bodily injury" or "property damage" expected
marks have special meaning. Refer to SECTION V - or intended from the standpoint of the insured.
DEFINITIONS. This exclusion does not apply to "bodily injury"
SECTION I - COVERAGES resulting from the use of reasonable force to
BODILY INJURY AND PROPERTY DAMAGE protect persons or property.
LIABILITY b. "Bodily injury" or "property damage" for which
1. Insuring Agreement. the insured is obligated to pay damages by rea-
a. We will *pay those sums that the insured be- son of the assumption of liability in a contract
comes legally obligated to pay as damages be-
or agreement. This exclusion does not apply tai
cause of "bodi! injury'or"property damage" to liability for damages: .
which this insurance applies. No other obli- (1) Assumed in a contract or agreement,that is,
gation or liability to pay sums or perform acts or an "insured contract;" or
services is covered unless explicitly provided for (2) That the insured would have in the absence
under SUPPLEMENTARY PAYMENTS. This in- of the contract or agreement.
surance applies only to "bodily injury" or c. "Bodily injury" or "property damage" which
property damage "which occurs during the occurs after the earliest of the following times:
policy period. The bodily injury or 'property..
damage" must be caused by an "occurrence" (1) When all "work" on the project (other than
and arise out of: service, maintenance or repairs) to be per-
(1) Operations performed for you by the "con- formed for you by the "contractor" at the site
" of the covered operations has been com-
tractor at the location specified in the Decla- pleted; or
rations; or
(2) Your acts or omissions in connection with (2) When that portion of the "contractor's"
t "work", out of which, the injury or.damage
he general supervision of such operations.
arises, has been put to its intended use by any
Wevill have the right and duty to defend any person or organization. This exclusion does
"suit" seeking those damages. But: not apply to any contractor or subcontractor
(1) The amount we will pay for damages is lim- working directly or indirectly for the "con-
ited as described in SECTION III - LIMITS OF tractor" or as part of the same project.
INSURANCE; d. "Bodily injury"or"property damage"arising out
(2) We may investigate and settle any claim or of your, or your employees', acts or omissions
"suit" at our discretion; and other than general supervision of "work" per-
formed for you by the "contractor."
(3) Our right and duty to defend end when we Any obligation of the insured under a workers e,
have used up the applicable limit of insurance compensation, disability benefits or unemploy-
in the payment of judgments or settlements. ment compensation law or any similar law.
CG 00 09 11 86 Copyright, Insurance Services Qffice, Inc„ 1984 Page 1 of 6 0
COMMERCIAL GENERAL LIABILITY
f. "Bodily injury" to: (i) if the pollutants are brought on or to
(1) An employee of the insured arising out of the site or location in connection with
and in the course of his employment by the such operations; or
insured; (ii) if the operations are to test for, mon-
(2) The spouse, child, parent, brother or sister itor, clean up, remove, contain, treat,
of that employee as a consequence of (1) detoxify or neutralize the pollutants.
above. (2) Any loss, cost, or expense arising out of any
This exclusion applies: governmental direction or request that you
(1) Whether the insured may be liable as an test for, monitor, clean up, remove, contain,
employer or in any other capacity; and treat, detoxify or neutralize the pollutants.
(2) To any obligation to share damages with or Pollutants means any solid, liquid, gaseous or
repay someone else who must pay damages thermal irritant or contaminant, including smoke,
because of the injury. vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
This exclusion does, not apply to liability as- reconditioned or reclaimed.
sumed by the insured under an "insured con-
tract". k. "Property damage" to "impaired property" or
g. "Property damage" to: property that has not been physically injured,
arising out of:
(1) Property you own, rent, or occupy;
1. (1) A defect, deficiency, inadequacy or danger-
(2) Property loaned to you; ous condition in "work" performed for you by
(3) Personal property in your care, custody or the "contractor;" or
control; or (2) A delay or failure by you or anyone acting
(4) "Work" performed for you by the "contrac- on your behalf to perform a contract or
tor." agreement in accordance with its terms.
h. "Bodily injury" or "property damage" due to This exclusion does not apply to the loss of use
war, whether or not .declared, or any act or of other property arising out of sudden and ac-
condition incident to war. War includes civil cidental physical injury to "work" performed for
war, insurrection, rebellion or revolution.'This you by the "contractor."
exclusion applies only to liability assumed un- SUPPLEMENTARY PAYMENTS
:
der
der An "insured contract;" or We will pay, with respect to any claim or "suit" we
defend:
(2) Expenses for first aid. 1. All expenses we incur.
i. "Bodily injury" or"property damage" arising out 2. Up to$250 for cost of bail bonds required because
of the use of"mobile equipment" in, or while in of accidents or traffic law violations arising out of
practice or preparation for, a prearranged racing, the use of any vehicle to which this insurance ap-
speed or demolition contest or in any stunting plies. We do not have to furnish these bonds.
activity.
j. (1) "Bodily injury" or "property damage" arising 3.The cost of bonds to release attachments, but only
out of the actual, alleged or threatened dis- for bond amounts within the applicable limit of
charge,dispersal, release or escape of pollutants: insurance. We do not have to furnish these bonds.
(a) At or from premises you own, rent or oc- 4. All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
cupy; defense of the claim or"suit," including actual loss
(b) At or from any site or location used by or of earnings up to $100 a day because of time off
for you or others for handling,;storage, dis- from work.
posal, processing or treatment of waste; 6. All costs taxed against the insured in the "suit."
(c) Which are at any time transported, han- 6. Pre-judgment interest awarded a ainst the insured
dled, stored, treated, disposed of, or proc- g g
essed as waste by or for you or any person on that part of the judgment we pay. If we make
or organization for whom you may be le- an offer to pay the applicable limit of insurance,
gally responsible; or we will not pay any pre-judgment interest based
(d) At or from any site or.location on which
on that period of time after the offer.
you-or any contractors,or subcontractors
working directly or indirectly on your behalf
are performing operations:
Page 2 of 6 Copyright, Insurance Services Qff ice, Inc., 1984 CG 00 09 11 85 [1
N
t
` COMMERCIAL GENERAL LIABILITY
)
1
F
S
7. All interest on the full amount of any judgment 2. The Aggregate Limit is the most we will pay for
that accrues after entry of the judgment and before the sum of damages because of all "bodily injury"
we have paid, offered to pay, or deposited in court and "property damage."
the part of the judgment that is within the appli- 3. Subject to 2. above, the Each Occurrence Limit is
cable limit of insurance. the most we will pay for the sum of damages be.
8. Expenses incurred by the insured for first aid to cause of "bodily injury" and "property damage"
others at the time of an accident, for "bodily in- arising out of any one "occurrence."
jury" to which this insurance applies. If you designate more than one project in the Dec-
These payments will not reduce the limits of insur- larations, the Aggregate Limit shall apply separately
once. to each project.
SECTION 11 - WHO IS AN INSURED The limits of this Coverage Part apply separately to
1. If you are designated in the Declarations as: each consecutive annual period and to any remain-
a. An individual, you and your spouse are in- ing period of less than 12 months, starting with the
sureds. beginning of the policy period shown in the Decla-
rations, unless the policy period is extended after is-
b. A partnership or joint venture, you are an in- suance for an additional period of less than 12
a_ sured. Your members, your partners, and their months. In that case, the additional'period will be
spouses are also insureds, but only with respect deemed part of the last preceding period for pur-
to their duties as partners or members of a joint poses of determining the Limits of Insurance.
venture. SECTION IV - CONDITIONS
c.An organization other than a partnership or joint 1. Bankruptcy.
'i venture, you are an insured. Your executive of-
s ficers and directors are insureds, but only with Bankruptcy or insolvency of the insured will not re-
respect to their duties as your officers or.direc- lieve us of our obligation under this Coverage Part.
tors. Your stockholders are also insureds, but
only with respect to their..liability as stockhold-
ers. a. The first Named Insured shown in the Declara-
2. Each of the following is also an insured: tions may cancel this policy by mailing or deliv-
Bring to us advance written notice of
a.-,Any person (other than your employee) or any cancellation.
j organization while acting 'as your real estate b. We may cancel this policy by moiling or deliv-
manager. ering to the first Named Insured and the "con-
ti b. Any person or organization having proper tem- tractor" written notice of cancellation at least:
porary custody of your property if you die, but (1) 10 days before the effective date of cancel-
] only:
a
(1) With respect to liability arising out of the lation if we cancel for non-payment of pre-
mium; or
maintenance or use of that property; and
�s (2) Until your legal representative has been ap-. (2) 30 days before the effective date of cancel-
lation if we cancel for any other reason.
c. We will mail or deliver our notices to the first
c. Your legal representative if you die, but only Named Insured.'s and the "contractor's" last
with respect,to duties as such. That represen- mailing address known to us.
N tative will have all your rights and duties under
this Coverage Part. d. Notice of cancellation will state the effective
No person or organization is an insured with respect date of cancellation. The policy period will end
to the conduct of any current or past partnership or on that date.
joint venture that is not shown as a Named Insured e. If this policy is cancelled, we will send the
in the Declarations. "contractor" any premium refund due. If we
SECTION III - LIMITS OF INSURANCE cancel, the refund will be pro rate. If the first
Named Insured or the "contractor" cancels, the
1. The Limits of Insurance shown in the Declarations refund may be less than pro rata. The cancella-
and the rules below fix the most we will pay re- tion will be effective even if we have not made
gardless of the number of: or offered a refund.
a. Insureds;' f. If notice is mailed, proof of mailing will be suf-
a b. Claims made or "suits" brought; or ficient proof of notice.
c. Persons or organizations making claims or
bringing "suits."
CG 00 09 11 85 Copyright, Insurance Services Qffice, Inc., 1984 Page 3 of 6 ❑
COMMERCIAL GENERAL*LIABILITY
3. Changes. Any inspections, surveys, reports or recommen-
This policy contains all the agreements between dations relate only to insurability and the premi-
you, the "contractor" and us concerning the in- ums to be charged. We do not make safety
surance afforded. The first Named Insured shown inspections. We do not undertake to perform the r
in the Declarations and the "contractor" are au- duty of any person or organization to provide for
thorized to make changes in the terms of this pnl- the health or safety of workers or the public. And
icy with our consent. This policy's terms can be we do not warrant that conditions:
amended or waived only by endorsement issued a. Are safe or healthful; or
by us and made a part of this policy. b. Comply with laws, regulations, codes or stand-
4. Duties In The Event Of Occurrence, Claim ards.
or Suit. This condition applies not only to us, but also to
a. You must see to it that we are notified promptly any rating, advisory, rate service or similar organ-
of an "occurrence" which may result in a claim. ization which makes insurance inspections, sur-
Notice should include: veys, reports or recommendations.
(1) How,`when and where the "occurrence" 7• Legal Action Against Us.
took place; and No person or organization has a right under this
(2) The names and addresses of any injured Coverage Part:
persons and witnesses. a. To join us as a party or otherwise bring us`into
b. If a claim is made or "suit" is brought against a "suit" asking for damages from an insured; or
any insured, you must see to it that we receive b. To sue us on this Coverage Part unless all of its
prompt written notice of the claim or"suit". terms have been fully complied with.
c. You and any other involved insured must: A person or organization may sue us to recover on
(1) Immediately send us copies of any demands, an agreed settlement or on a final judgment
notices, summonses or legal papers received against an insured obtained after an actual trial;
in connection with the claim or "suit"; but we will not be liable for damages that are not
payable under the terms of this Coverage Part or
(2) Authorize us to obtain records and other in- that are in excess of the applicable limit of insur- B
formation; ance. An agreed settlement means a settlement
(3) Cooperate with us in the investigation, and release of liability signed by us, the insured
settlement or defense of.the claim or "suit;" and the claimant or the claimant's legal represen-
and tative.
(4) Assist us,.upon our request, in the enforce- B. Other Insurance.
ment of any right against any person or or- The insurance afforded by this Coverage Part is
ganization which may be liable to the insured primary insurance and we will not seek contrib-
because of injury or damage to which this in- ution from any other insurance available,to you
surance may also apply. unless the other insurance is provided by a 'con-
d. No insureds will, except at their own cost, vol- tractor' other than the designated "contractor" for
untarily make a payment,assume any obligation, the same operation and job location designated in
or incur any expense, without our consent. the Declarations. Then we will share with that r
other insurance by the method described below.
6. Examination of Your Books And Records. If all of the other insurance permits contribution
We may examine and audit your books and records by equal shares, we will follow this method also.
as well as the "contractor's" books and records as Under this approach, .each insurer contributes
they relate to this policy at any time during the equal amounts until it has paid its applicable limit
policy period and up to three years afterward. of insurance or none of the loss remains, Which-
6. Inspections and Surveys. ever comes first.
We have the right but are not obligated to: If any of the other insurance does not permit con- .
tribution by equal shares, we will contribute, by
a. Make inspections and surveys at any time; limits. Under this method, each insurer's share is
b. Give you reports on the conditions we find; and based on the the ratio of its applicable limit of in- ;
c. Recommend changes, surance to the total applicable limits of insurance
of all insurers.
Page 4 of 6 Copyright, Insurance Services Office, Inc., 1984 CG 00 09 11 85 ❑ ;
X
• COMMERCIAL GENERAL LIABILITY
9. Premiums., ., a. It incorporates work performed for you that is
known or thought to be defective, deficient, in-
The "contractor:" adequate or dangerous; or
a. Is responsible for the payment of all premiums; b• You have failed to fulfill the terms of a contract
and or agreement;
b. Will be the payee for any return premiums we if such property can be restored to use by:
pay.
10. Premium Audit. a. The repair, replacement, adjustment or removal
of the work prepared for you; or
a. We will compute all premiums for this Coverage b. Your fulfilling the terms of the contract or
Part in accordance with our rules and rates.
agreement.
b. Premium shown 'in'this Coverage Part as ad-
vance premium is a deposit premium only.At the 5• "Insured contract" means:
close of each audit period we will compute the a. A lease of premises;
-earned premium for that period. Audit premiums b. A sidetrack agreement;
are due and payable on notice to the "contrac-
tor". If the sum of the advance and audit pre- C. An easement or license agreement in con-
miums paid for the policy term is greater than necticn with vehicle or pedestrian private rail
the earned premium, we will return the excess road crossings at grade;
to the "contractor", d. Any other easement agreement, except in con-
c. The "contractor" must keep records of the in- section with construction or,demolition oper-
formation we need for premium computation, ations on or within 50 feet of a railroad;
and send us copies at such times as we may re- e. An indemnification of a municipality as required
quest. by ordinance, except in connection with work
11. Separation Of Insureds. for a municipality; or
Except with respect to the Limits of Insurance, and f. An elevator maintenance agreement.
any rights or duties specifically assigned in this g• "Mobile equipment" means any of the following
Coverage Part to the first Named Insured, this insur- types of land vehicles, including any attached
ance applies: machinery or equipment:
a. As if each Named Insured were the only Named a• Bulldozers, farrn machinery, forklifts and other
Insured; and vehicles designed for use principally off public
b. Separately to each insured against whom claim roads;
is made or "suit" is brought. b. Vehicles maintained for use solely on or next to
12. Transfer Of Rights Of Recovery Against premises you own or rent;
Others To Us.
If the insured has rights to recover all or part of any c. Vehicles that travel on crawler treads;
payment we have made under this Coverage Part d• Vehicles, whether self-propelled or not, main-
those rights are transferred to us. The insured must tained primarily to provide mobility to perma-
do nothing after loss to impair them. At our request, nently mounted:
the insured will bring "suit" or transfer those rights (1) Power cranes, shovels, loaders, diggers or
to us and help us enforce them. drills; or
SECTION V - DEFINITIONS (2) Road construction or resurfacing equipment
1. "Auto" means a land motor vehicle, trailer or such as graders, scrapers or rollers;
semitrailer designed for travel on public roads, in- a• Vehicles not described in a., b., c. or d. above
cluding any attached machinery or equipment. that are not self-propelled and are maintained
But"auto" does not include "mobile equipment." p
primarily to provide mobility to permanently at-
2. "Bodily injury" means bodily injury, sickness or tached equipment of the following types:
disease sustained by a person, including death re- (1) Air compressors, pumps and generators, in-
suiting from any of these at any time. cluding spraying, welding, building cleaning,
3. "Contractor" means the contractor designated in geophysical exploration, lighting and well
the Declarations. servicing equipment; or
4. "Impaired property" means tangible property, (2) Cherry pickers and similar devices used to
other than work performed for you, that cannot be raise or lower workers;
used or is less useful because:
CG 00 09 11 85 Copyright, Insurance Services Qffice, Inc„ 1984 Page 5 of 6 ❑
COMMERCIAL GENERAL"LIABILITY
f. Vehicles not described in a., b., c. or d, above 7. "Occurrence" means an accident including con-
maintained primarily for purposes other than the tinuous or repeated exposure to substantially the
transportation of persons or cargo. same general harmful conditions.
However, self-propelled vehicles with the fol- 8. "Property damage" means:
lowing types of permanently attached equip- a. Physical injury to tangible property, including
ment are not mobile equipment but will-be
.considered autos all resulting loss of use of that property; or
(1) Equipment designed primarily for: b. Loss of use of tangible property that is not
physically injured.
(a) Snow removal; 9. "Suit" means a civil proceeding, brought in the
(b) Road maintenance, but not construction United States of America. (including its territories
or resurfacing; and
possessions), .Puerto Rico and Canada, in
(c) Street cleaning; which damages- because of "bodily injury" .or
(2) Cherry pickers and similar devices mounted "property damage"to which this insurance applies
on automobile or truck chassis and used to are alleged. "Suit" includes an arbitration pro-
raise or lower workers; and ceeding alleging such damages to which you must
submit or submit with our consent.
(3) Air compressors, pumps and generators, in-
cluding spraying, welding, building cleaning, 10. "Work" includes materials, parts or equipment
geophysical exploration, lighting' and well furnished in connection with the operations.:
'servicing equipment.
if
Page 6 of 6 Copyright, Insurance Services•,Qffice, Inc., 1984 CG 00 09 11,85 O
• COMMERCIAL GENERAL UA81LITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT
WHEN WE DO NOT RENEW
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
LIQUOR LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
The following Condition is added to CONDITIONS (Section IV):
When We Do Not Renew.
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown In the
Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
CG 00 04 02 86 Copyright, Insurance Services Office, Inc„ 1986 D
Policy Limits Are Amended to
® Read As Follows: -
$100,000. / $800,000. Limit Per Person
$800,000. Limit Per Occurrence
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions,
agreements or limitations of the Policy other than as above stated.
(Completion of the following, including countersignature, Is required to make this endorsement effective only when It Is Issued subsequent to
preparation of the Policy.)
Effective this endorsement forms a part of Policy No,
Issued to
By Insurance Company
Date of Issue Countersigned by
Authorized Repreasntagve of the Company
Form 221.0163 0163
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Documcnl A312
Bond #30SB 100483873
Performance Fond
Any singular re(crence to Contractor, Surety, Owner or ollivr party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURELY (Name and Principal Place of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, MO 65101 Overland Park, KS 66201-9146
OWNER (Name and Address):
City of Jefferson, Missouri
CONSTRUCTION CONTRACT
Date:May 3, 1988
Amount: FOUR HUNDRED SEVENTY THOUSAND NINE HUNDRED FORTY SEVEN AND NO/100••-($470,947.00)
Description (Name and Location): 1988 Curb & Gutter Project, East McCarty Street
BOND
Date (Not earlier than Construction Contract Dale): May 10, 1988
Amount: FOUR HUNDRED SEVENTY THOUSAND NINE HUNDRED FORTY SEVEN AND NO/100----($470,947.00)
Modifications to-this Bond: Fa None 0 See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Willard Stockman Construction Corp. The Aetna C ualty and Suret
,
Co any
Sidnatuie: - Signal
-Name and'Title:
Name and Till c(. Barbara M, Thacker,
Attorney-in-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Tolephonc)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Lockton Insurance Agency other party):
P.O. Box 8418
Prairie Village, KS 66208
AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT OONU,UECLh111ER IWN ED, o AIA 4
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE„N•W, WASIIINE:TON, D,r., ma A312.1984 1
I The Contractor and the Surely, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executers, administrators, soon as practicable after the amount is deter-
® successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
by reference. .2 Deny liability in whole or in part and notify the
2 if the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation 5 If the Surely does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed
provided in Subparagraph 3.1. it)be in default on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surely
under this Bond shall arise after: demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring; a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be
conference with the Contractor and the Surely to be entitled to enforcer any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing Ihv Construe. 6 After the,Owner has terminated the Contractor's right
lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surely to the Owner shall
such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the
any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not he de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure-
the Surety have received notice as provided in Sub- ty is obligated without duplication for:
paragraph 3.1; and
6.1 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the 13alancv of the lion of defective work and completion of the Construc-
Contract Price to the Surety in accordant v with the lion Contract;
terms of the Construction Contract or to a conlractor
selected to perform the Construction Contra(I in,iccor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with Ilse Owner, costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's Cx-
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
4.1 Arran a for the Contractor, with consent of the are specified in the Construction Contract,actual dam-
p ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract; or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construe- obligations of the Contractor that are unrelated to the Con-
tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to he pre- 8 The Surety hereby waives notice of any change,includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga-
with performance and payment bonds executed by a tions.
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's defaull; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange, Default or within two years after the Contractor ceasvd
for completion, or obtain a new contractor and with working or within two years after the Surely refuses or fails
reasonable promptness under the circurnstances: to perform its obligations under this Bond, whichever oc-
S c urs first. If the provisions of this Paragraph are void or
.1 After investigation,determine Ihv ainount for prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312•PERFORMANCE BOND AND I'AYMtN1 HOND•D(CLMIIIR I984 tl). •AIA .01
THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW NORK AVE..N.W.,WASHINGTON.D.C.20006 ::Z- 984 2
able to sureties as a defense in the Jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of Insurance or other claims
10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor Is entitled, re-
be mailed or delivered to the address shown on the sig. duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
nature page. tract,
11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between
statutory or other legal requirement in the lotation where the Owner and the Contractor identified on the sig-
the construction was to be performed,any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement t hanjovs thereto.
shall be deemed deleted herefrom and provi%ions con.
forming to such statutory or other legal requiremvnt shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein, The intent is Ihal this whit h has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
Balance of the Contract Price: The t��t,�l amount tractor as required by the Construction Contract or to
neither been remedied nor waived, to pay the Con-
12.1 BContract payable la the Owner t o
the Contractor under the
Construction Contract after all proper adju%tmeoIs perform and complete or with the other Terms
have been made, including allowance to the Con- thereof'
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parlies, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate: Seal) Company: (Corporate Seal)
Signature: Signature: .
• Name and Title: Name and Title:
Address: Address!
AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMINT IIOND•I)It EMIIIR 11*1 LO. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 Nt1V YORK AVE., N,W.,WASHINGTON,D.C.20(ft A312.11984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
ry
AIA Document A312 Bond #30SB 100483873
Payment Bond
Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Willard Stockman Construction Corp. The Aetna Casualty and Surety Company
Star Route 2, Schott Road P.O. Box 29146
Jefferson City, MO 65101 Overland Park, KS 66201-9146
OWNER (Name and Address):
City of Jefferson, Missouri
CONSTRUCTION CONTRACT
Date: May 3, 1988
Amount: FOUR HUNDRED SEVENTY THOUSAND NINE HUNDRED FORTY SEVEN AND NO/100----($470,947.00)
Description.(Name and Location): 1988 Curb & Gutter Project, East McCarty Street
BOND
Date (Not earlier than Construction Contract Dale): May 10, 1988
Amount: FOUR HUNDRED SEVENTY THOUSAND NINE HUNDRED FORTY SEVEN AND NO/100----($470,947.00)
Modifications to this Bond: kiNone ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Wi.11ard .St ckman Construction Corp. The Aetna Cas lty and Sure Colpany
Signatu Signature
Name and Tillie, 1 Nance and e: Barbara M. Thacker,
- fd� Attorney-in-Fact
(Any additional.-signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
. Lockton Insurance Agency other party):
P.O. Box 8418
Prairie Village, KS 66208
AIA DOCUMENT A312 -PERFORMANCE IIOND AND I'AYMINI 8ONU-01,C1MIIER 1944 CU. -AIA «
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.,N.W„WAS111NGTON,D.C. 2") A312-1984 4
I The Contractor and the Surety, jointly and %mtrally, 6 When the Claimant has satisfied the conditions of Para-
bind themselves, their heirs, es ecutors, administf.!tors. graph 4, the Surety shall promptly and at the Surety's ex-
successors and assigns to the Owner to pay for labor. pence take the following actions:
materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to the
manse of the Construction Contract,which is incorporated Owner,within 45 days after receipt of the claim,staling
herein by reference. the amounts that are undisputed and the basis for chal-
2 With respect to the Owner,this obligation%hall lie null longing any amounts that are disputed.
and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment, directly or indirectly, amounts.
for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds har►nle%s the amount ui this Bond,and the amount of this Bond shall be
Owner from all claims, demands, liens or%,oil%by any c red►led(ur,my payments made in good faith by the Surety.
person or enlily who furnished labor, rnmerials or B Amount%owed by the Owner to the Contractor under
equipment for use in the performance of 1114•C onstruc- the Construction Contract shall be used for the perfor-
lion Contract, provided the Owner has prrnnplly noti- ,fiance:of Ihv Construction Contract and to satisfy claims,if
fied the Contractor and the Surely (at the- address de-
scribed .iny, under any Construction Performance Bond. By the
or sits in Paragraph 12) of any claims. ini%.demands.tires E•cinlraclor lurnishing and the Owner accepting this fiend,
liens suits and tendered defense t such cthe S rly, an they agree that all funds earned by the Contractor in the
liens a wits 10 the Contractor and the �urrty, and perforinanr a of the Construction Contract are dedicated to
provided (here is no Owner Uefaull' satisfy obligations of the Contractor and the Surety under
3 With respect to Claimants, this obligationt-hill I)c null this Bond,%t►bject to the Owner's priority to use the funds
and void if the Contractor promptly makes pavinvni, di- for the completion of the work.
rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, l-:
4 The Surety shall have no obligation to Claimant,under or others for obligations of the Contractor that are unrelat-
this Bond until: ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claimant
4.1 Claimants who are employed by or have a direct under this Bond,and shall have under this Bond no obliga-
contract with the Contractor have given notice to Ihr_ lions to make payments to, give notices on behalf of, or
Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond.
sent a copy,or notice thereof,to the Owner,stating Ifial
a claim is being made under this Bond and. with sub- 10 The Surely hereby waives notice of any change,includ-
® stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to
4.2 Claimants who du not have a direct contract with related subcontracts, purchase orders and other obliga.
lions.
the Contractor:
11 No suit or action shall be commenced by a Claimant
.1 Have furnished written notice to they Con- under this Bond other than in a court of competent jurisdic-
tractor and sent a copy, or notice thereof, to lion in the location in which the work or part of the work is
the Owner, within W days after having last located or after the expiration of one year from the dale. (1)
performed labor or last furnished materials or on which the Claimant gave the notice required by Sub-
equipment included in the claim stating,with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
substantial accuracy, the amount of the claim labor or service was performed by anyone or the last male•
and the name of the party to whom the mate- rials or equipment were furnished by anyone under the
rials were furnished or supplied or for whom Construction Contract,whichever of(1)or(2) first occurs.
the labor was done or performed; and If the provisions of this Paragraph arc void or prohibited by
.2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties
part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica-
in 30 days of furnishing the above notice any hle.
communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall
the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig.
paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner
.3 Not having been paid within theahove 10 day, or the Contractor, however accomplished, shall he suffi-
have sent a written notice to the Surety(at the r•ient compliance as of the date received at the addrest,
address described in Paragraph 12)and%enl a shown on the signature page.
copy,or notice thereof, to the Owner,slating 13 When this Bond has been furnished to comply with a
that a claim is being made under this Bond and statutory or other legal requirement in the location where
enclosing a copy of the previous written nodes the construction was In be performed,any provision in this
furnished to the Contractor. Bond conflicting with said statutory or legal requirement
S If a notice required by Paragraph 4 is given by the•Owner shall be deemed deleted heref rom and provisions con-
to the Contractor or to the Surety,that is sufficient compl- forming to such statutory or other legal requirement shall
ante. be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312•PERrORMANCE HOND AND 11AYM(Nr BAND, INCIMII(K 1911A (1). •AIA
THE AM(RICAN INSTITUTE Of ARCHITECTS, 171S NEW YORK AVE.,N.W.,WASHINGTON,U.C. 20=0 A312.1984 S
Bond shall be construed*I a statutory bond and not as a Construction Contract,architectural and engineering
• common law bond. services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be
potential beneficiary o1 this Bond, the Contractor shah asserted in the jurisdiction where the labor,materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made. 15.2 Construction Contract:The agreement between
15 DEFINITIONS the Owner and the Contractor identified on the sig-
15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor or with a sulu unlracloruf changes thereto.
the Contractor to furnish labor. materials or equip- 15.3 Owner Default:Failure of the Owner,which has
ment for use in the performance of the('ontract.The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limits- tractor as required by the Construction Contract or to
tion in the terms"Igbor,materials or equipment that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline. thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
s
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
. Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMINIF A312•NUORMANCII aONO AND PAYMINI NONI)•WCEMNIR VAN tD. •AIA A .
THI AMIRICAN INSTITIM OF ARCHITICTS,IM NEW YORK AVI.,N.W.,WASHINGTON,V.C.ZM A312-ISM 6
THE ARNA CASUALTY AND SURETY I COMPANY
e Hartford,Connecticut 135116
• UF81kGt.8tcAl.TY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
State of Co Mnrhesti"mW hwq+p incipall office In the GM of flartfa hn Cour T.of HaT on tstrrt�o a hamade cnsdtytad and
appointed.and does by thew presents make,conadfute and appoint rh R
Mission, Kansas, David M. Loekton or William L. Frick, :fission Hills, Kansas, James C.
Pateidl or Michael C. Frost, Leawood, Kansas, Michael D. Whipper, Fairwayy I{ansas, revin
D. Kalish, Prairie' Village, Kansas Julia tt. Sieben or >terli D. Itedfiela, pverl nd P rk,
Kansas, Janet L. licRill, Shawnee, Kansas, Clayton B. Kline, r., Kevin B. Alexander, Beth
E Fi�aum or Sh$r�n K Nelso� Toaka, Kansas, Kathy M. Loftus, John F. Sullivan or
��li ism M. Fric , ansas >Ey, issoUthleand lawful Atcomoy(el•In-Fact,with full power and authority hereby conferred
to sign,execute and acknowledge,at any plan widen the United States,or,It the following One be filled In,within the area there designated
,the following Instrumental:
by hWher sole signature and act,any and all bonds,recognisances,contracts of Indemnity,and other writings obligatory in the nature of a bond,
recogn hence,or conditional undertaking,and any and all consents Incident hereto
and to bind THE A VJA CASUALTY AND SURETY COMPANY,thereby es ft*and to the same extent as If the same were signed by the duly
auhorhadofllarsof THE ATNACASUALTY ANDSURETY COMPANY,andell theaw of u{dAaomsy(sNn-Fact.pursuant to the authority herein
glvah,sues hereby ratified and confirmed.
This appointment is made under and by suihaity of the following Standing Resolutions of said Company which Resolutions are now in full fora
MW afeW
VOTED:That each ofthe following offlow:Chairmen,VlaChairnan,PresidsmAnyExewdveVkaPnsidoMAnySen iorVice Prasiden4AnyVILu
Presiden4MyMsMtent VicePraiden4Any Secretary.Any Assistant Secretary,rosy fromdme todme appointRseident VivePresidanta,Resident
AsdswdSea tenses,Aeorn"*4&F&MwWAgwatoactforsndonbd"ofdwCo mponywWmaygfinanysuchappointsasuchouhorityaahis
artifiws of wharlty may prescribe to sign with the Comparty's nams and seal with he ComparWe seal bonds,recognizance&contracts of
Indemnity,and other writings obligatory In the naturoof a bond,reoogtdrance,or conditional undertaking,and arty of said officers or the Bard of
Directors may at any time rwnove any such sppoinm and rsvabs the power and arthodty given him.
VOTED:That anybor4 recowgunoa,catraat olladwm Ay,orwddng obligatayin he nature of a bond,reeognimnco,oreunditional undeteking
MA be valid and bbding upon the Company when(s)signed by the Choirmar4 the Via Chairman,the Prooklan4 an Executive Vie President,a
Santa Vice PreaidaN,a Vice Presidar4 an Assistant Vice Praldent or by a Resident Via Preskhm pursuant to he power proscribed in he
cadf cateofauhorkyof suchfleekfert VlaPreddwt4 andduly anestad wAsestedvdth theCompwWo sash by a Secretary or Assistant Secretary
orbyeflwidAAashn 9sooMy,purwunttothopmwprowdbodlnthaavtiRoaeof auhorhyofsuchRasidemAseletantSorxaury;orlb)duly
wAnded(under eed,if required)by one at more Adom ft-&"ad pursuant to the power preeuibod In his or their cerdfinto or nrtifintea of
qty.
® This Power of Attomey ed Certificate of Authority Is signed and saettd by fm*rWe under and by auharity of the followino Standing Resolution
voted by the Board of Directors of THE.ETNA CASUALTY AND SURETY COMPANY whist Resolution Is now to full forgo and ofiect:
VOTED-That the signaure of each of he followkp officers:Chairmen,Via Chairman.PtnWmt4 Any EleoWive Was President.Any Senior Vice
Presldent,Any Vice Preslcwt,Any Asaisto tVinPreslden4AwlSecretary.AnYAosisantSearstary.arW hen"of he Company may be affixed by
fenimue to my power of attorney or to any cerdRents relating hereto appointing Resident Via Presidents,Resident Assistant Secreurfa or
Attomwiwkh•Faetforpurposesaty"executing and attastfng bonds and undertakings and otherwridngs obligatory in the nature hereof.and any
such powsr of attorney or certificate bearing such feaimlle signature or faafmlle seal shag be valid and binding upon the Company and any such
power so executed and certified by such facelmlle signature std f&c*Wle seal shall be valid and binding upon the Company in he future with
rupect to any bond or undertaking to which it is attached. ,
IN WITNESS WHEREOF,THE AITNA.CASUALTY AND SURETY COMPANY has caused this instrument to be signed by Its A%3,15 Cant
Vi p ant .and Its corporate aged to be hereto affixed his 25th
day o�$AMfal6 '1988
ep, SURREY COMPANY
By ` ceucc:J4-
State of Ca nectim J eph . Kiernan �—
K Hartford Assistant Vice President
County of Hartford
On this 25th day of February ,IW38 ,before me personally came JOSEPH P. KIMMAN
to rues knorw4 who.being by me duly sworn,did depose and say:that he/she is Assistant Vice President of
7HE AM CASUALTYAND SURETY COMPANY,the corporation described In and which executed the above instrument;that he/she knows he
"slot uid cogw atlon;duthe sesl affixed tghe said Instrument Is such corporate seal;and that he/she exaguted the said Instrument on behalf
of he corporation by authority of hWAw office under the Standing Resolutions haroof.
WF
My comml expka March 31,1a 91 nary Public
CERTIFICATE George A. Perry, Jr.
I,he undersigned, Secretary of THE ARM CASUALTY AND SURETY COMPANY,a stock corporation of the
• State ofConnectiout,DO HEREBY CERTIFY hatheforegangandattachedPowierofAnome yandCertific ateofAuthority remainsInfullforce and
hunt been revoked;and furthermore,that he Standing Resolutions of he Board of Directors,as setfonh in the Certificate of Authority,era now
In fora.
Signed and SeNed n he Homo Office of the Company,In he CRY of Hartford,Sate f Co cut.Dated this 8 g day of
ohs W. Welch,'Secretary
.111•1a1.14 IMI 3•7e MINTED IN U.S.A.
ISSUE DATE(MM/DD/YY)
05-10-88
PRODUCER 1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lockton Insurance Agency rCOMPANIES AFFORDING COVERAGE
P. O. Box 8418
Prairie Village Ks 66208 COMPANY
LETTER A California Compensation (Hanover)
COMPANY o
INSURED 158 LETTER Massachusetts Bay (Hanover)
COMPANY `•
Willard Stockman Const. Corp. LETTER
COMPANY D
Star Route 2, Schott Road LETTER
Jefferson City, MO 65101 COMPANY E
LETTER
•
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. LIMITS SHOWN ARE THOSE IN-EFFECT AT POLICY INCEPTION
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(!R.UDDIYY) DATE(MtADDPA')
GENERAL LIABI!.ITY GENERAL AGGREGATE $200
A X COMMERCIAL GENERAL LIABILITY 22086861 03/31/88 03/31/89 PRODUCTS COMPIOPS AGGREGATE $200
CLAIMS MADE ®OCCURRENCE PERSONAL d ADVERTISING INJURY $
OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $
FRE DAMAGE(ANY ONE FIRE) $
MEDICAL EXPENSE(ANY ONF PERSON))
AUTOMOBILE LIABILITY ,;
CSL ?
ANY AUTO $ M1 g
x ADK2739013 03/31/88 03/31/89 _ ff -',ib�it;
ALL OWNED AUTOS BODILY
SCHEDULED AUTOS INJUPv f a
(PEN PfR$ON) $
BODILY
x HIRED AUTOS INJURYr~�1i ;,.,,
x NON-OWNED AUTOS �O PECR IDENT) $
H GARAGE LIABILITY PROPERTY
DAMAGE
:.w 4
EXCESS LIABILITY 77idlY+(: EACH AGGREGATE
tqy c� OCCURRENCE
y�F
$ $
OTHER THAN UMBRELLA FORM im''I `+ _ �x,
STATUTORY Sn' `^yR,;,�jj ,."lil '
WORKERS'COMPENSATION
A AND WCK2453687 03/31/88 03/31/89 $ 100 (EACH ACCIDENT)
$ 500 (DISEASE POLICY LIMIT)
EMPLOYERS'LIABILITY
$ 1 100 (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS _
1988 Curb and gutter project - East McCarthy Jefferson City, Missouri.
• • o
City of Jefferson City MO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
320 E. McCarty PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Jefferson City, MO 65701 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY,I OR RESENT S.
AUTHORIZED REPRESENTATIVE
5!�s
®♦ ISSUE DATE(MM/DD/YY)
e 5-10-13
THIS 144DER4S A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER COMPANY BINDER NO.
Hanover 5-404E _
Lockton Insurance Agency DATE EFFECTIVE TIME DATE EXPIRATION TIME
P.O. Box 8418 1210 AM }{ 12.01 AM
Prairie Village, Kansas 66208-8418 5-10-88 PM 7-10-88 NooN
THIS HINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PER EXPIRING POLICY NO.!
CODE SUB-CODE DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(INCLUDING LOCATION)
INSURED E. McCarthy J.C. MO
88' Curb & Gutter
City of Jefferson City, MO
320 E. McCarthy
Jefferson City, MO 65101
TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE
PROPERTY
CAUSES OF LOSS
BASIC=BROAD SPECIAL
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY 100,000/800,000 Per Person PRODUCTSaMP/OPS AGGREGATE $
CLAMS VAX ®occ,ffICE 800,000 Per Occurrence PERSONAL a ADVERTISING INJURY $
OWNER'S 8 CONTRACTORS Contract Cost: $470,947 EACH OCCURRENCE $
PROTECTIVE FIRE DAMAGE(ANY ONE FIRE) $
RETRO DATE FOR CLAIMS MADE: _ MEDICAL EXPENSE(ANY ONE PERSON) $
AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL $ 9i
LIABILITY BI PERS/ACCID
S =:b,)
NON/OWNED _I'D $
HIRED MED.PAY $ ;';•
GARAGE PIP $ � '
UM $ f
AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV
COLLISION BED:
STATED AMOUNT $
OTC DED: OTHER
EXCESS LIABILITY EACH AGGREGATE SELF-INSURED
OCCURRENCE RETENTION
UMBRELLA FORM
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE:_
STATUTORY
WORKER'S COMPENSATION N1:+ $ (EACH ACCIDENT)
AND EMPLOYERS' LIABILITY fff $ (DISEASE-POLICY LIMIT)
$ (DISEASE-EACH EMPLOYEE)
SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES
Designated Contractor:
Willard Stoclmm Construction Corp.
Star Route #2, Schott Road
Jefferson City, MO 65101
MORTGAGEE ADDITIONAL INSURED
LOSS PAYEE _
LOAN#
AUTHOR I7.ED Q,LiEriENI ATIV --