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HomeMy Public PortalAboutORD11031 r BILL NO. 88-8 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JEFFERSON ASPHALT COMPANY, INC. , FOR THE 1988 ASPHALT OVERLAY PROJECT. 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 Jefferson Asphalt Company, Inc. , for the 1988 Asphalt Overlay Project for a sum not to exceed $371,956.20. 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 ��1 �"'� Approved /i/ f resid n facer Mayor ATTEST: City Clerk t.. CONSTRUCTION COI\TIRACT THIS CONTRACT, made and entered into this 1:714N- day of „ 19_Zg by and between Jefferson Asphalt Company, Inc. hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City." WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 1988 Asphalt overlay Program NOW, niEREFORE, the parties to this contract agree to the following: 1. I-Banner and time for Comoletion. 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 _sixty (60) (calendar, % :3 ) days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten ( 10) days after the date of this contract. 2. Prevailing�9ages. All labor utilized in the construction of the aforementioned umproveme-nts shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by the Department of Labor and Industrial Relations of ; the State of' Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project br--cause Contractor has obtained the prevailing hourly rate of wages fran the contents of Special Wage Determination No. 88-026-0087 anckg)ao�. ,)I;.xxxxxxxxxxxxxxxxxxxxxxxxXVX in which the rate oF wages is set forth. The Contractor further agrees that Contractor will Steep an accurate record shading the names 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 t.,ages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RS:-!o, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workrian employed, for each calendar day or portion th(.reof 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 the life of this contract: (a) Workmen's Campensation Insurance for all of its ® employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri workmen's compensation law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its awn 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 campensation law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by (� reason of blasting, explosion or collapse. (e) Subcontracts. In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub- paragraphs (a), (b) and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the perft,i.-mance of this contract. tWE: Paragraph (f) is construed to require the procuramnnt of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has e.'Tployees working on the project, unless the general public liability and property dwnage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising fron operations ® by anyone directly or indirectly eiirployed by the Contractor. 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall b>_ as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the sane po�:er regarding termination of any subcontract as the City ,,,ay exercise over Contractor under any provisions of this contract. t:othing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. Lic7uidated Camaaes. The Director of Public Works may, at _ his discretion, deduct 5100.00 per d, any a.•nount 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 tL-ne above specified, or any extension thereof, or fails to co.•i-plete 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 co:pletion of the work due to unforseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days' prior written notice to the Contractor, without prejudice to any other rights or reaedies 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 worknx3n or proper in3terial, or if Contractor should refuse or fail to make pro:,pt pay-,rent 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 Rioht_t o Prwc•r_d. In the event this contract is tezminated r.),.arsuant to Para_rraph 6, thsn the City :a-�y take over the work and prosecute the sa: r3 to cri.rpletion, by contract or otherwise, and Contractor arr3 its sureties shall be liable to the City for any costs over the z:-rount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the %..ork, such materials, applicanc es aril structures as =y be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the ® rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Guards and Lights. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors, or arising out of the award of this contract to Contractor. 9. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 10. Payment for Labor and Materials. The Contractor agrees Aft 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 April 26, f 19 88 , 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 D_o_curients. The contract docurtints 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 docuTr_•nts enumerated in this paragraph, form the Contract between the parties. These docurnnts • are as fully a part of the contract as if attached hereto or re,poated herein. 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 employ.-.gent and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Notices. All notices required to be in writing may be given by first class mail address to the City of Jefferson, 320 E. McCarty, Jefferson City, Missouri 65101, and Contractor at 2207 Idlewood Rd. , Jefferson City, MO 65109 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 1,41EREOF, the parties hav hereunto set their hands and seals this /'7"f day of CITY OF JEFFERSON, MISSOURI ® By ' • R AT'T'EST: r---- r r CITY CLERK ' CONTRACTOR By�c t?m�. Cam, c11/'�� •a,.._ Title: C'�-e.r� d•e R� ATTEST: SEC .�.;I! ,' s. :,:; -I:,�;�I ,i.:-,A;-;�,.,��'.'..--o.;�.-'�,.l-,,-,--,:;--,­,,".`�. l CI I mI c.m f. ,C', r ,. il lus ,t: 1; lll,.�-:-'� y I ...,:,, {' f,. „ -„•. r 7 .�,,. i� ice,. it.S.l- r!y'.• ,.i �, :},�.,/�Ij..:''is I,.^ —,.",, .:-.'f;.l:^!'.{d ..f., i ,i i '�+. s i w,,tSj'1,,t' ,,ti,?>, .i, £` r•'>4.'1.. i:•, '�r':$:•etA. , !' .,'Ri•)'i="• r i r!r !IS } 7 `J .y,.r, tai 1.7"'�'Y:?,t.: "''�:e: '•iS Sit,.; 5.t,¢ t y' ',!;al^.r 1.,"',r,';�lj '�'r, r i' ..r•,','fiy.o.' ,yi';<. ,.s (�e 5 fr ...s'N .tai. y rt aF;s:L,:.1 t,,, f, ,))li::l.i ti �• . .5,. 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F ,1' t i:�.z y i 4� t.11,y' S,}}� 3 t't>r .:,.,t:A:�,.:f�:J 's II��J1;t?1K•ir Slit.i.:"�,i{,"i �:�7y,J �X�.1°;'tt, h�sf��. ;`'s' .�rc�.;:•.V7 Policy A Stock Policy No, Issued by Company Herein Called THE CONTINENTAL INSURANCE COMPANY the Company CLP61-510 31 44-89 Producers Naught-Naught Insurance General Offices 180 Maiden Lane, NY, NY 10038 Name and P. 0. Box 1768 Producer's Code Renewal of Address Jefferson City, MO 65102 24 516 015 NEW Named Dept. of Public works, Owners and Contractors Protective Liability Insured City of Jefferson Declarations Mailing 320 E. McCarty St. Address Jefferson City, MO 65101 Audit Period: Annual or Policy From 5/12/88 to V12[89 at Period 12:01 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Designation of Contractor Designation of Contractor and Mailing Address Jefferson Asphalt Co. , Inc. and City Paving Co. , Inc. 2207 Idlewood Road, Jefferson City, MO 65109 Location of Covered Operations 320 E. McCarty St. . Jefferson City, MO 65101 Limits of Insurance Aggregate Limit $1.000,000. _ Each Occurrence Limit $ 500-000. Form of Business ❑Individual 0 Joint Venture ❑Partnership IN Organization (Other than Partnership or Joint Venture) Premium Rate per Classification Code No. Premium Basis $1,000 of Cost Advance Premium Construction operations 16292 c)370,000 .740 $ 274. owner (not railroads) excluding Operations on board ships Total Advance Premium $ 274. Forms and Endorsements Forms and Endorsements made part of this policy at time of issue: CG0009, IL0021, SCG22502, IL0274, CG2929 COUNTERSIGNED 5/12/88 BY (Date) (Authorized Representative) THESE DECLARATIONS TOGETHER WITH THE COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. Your policy has been signed below on our behalf by our Chairman and by our Secretary. However,your policy will not be binding on us unless it is also countersigned by one of our duly authorized agents. IAI*�t 4 GT> Secretary Chairman SDEC 39 Ed. 11/85 Printed in U,S,A, CL 102 CG 00 09 11 85 (11.85) OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I—COVERAGES or intended from the standpoint of the insured. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to "bodily injury" 1. Insuring Agreement. resulting from the use of reasonable force to protect persons or property. a. We will pay those sums that the insured becomes b. "Bodily injury"or "property damage" for which legally obligated to pay as damages because of the insured is obligated to pay damages by rea- "bodily injury" or "property damage" to which son of the assumption of liability in a contractor this insurance applies. No other obligation or agreement. This exclusion does not apply to liability to pay sums or perform acts or services is liability for damages: covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance (1) Assumed in a contract or agreement that is applies only to "bodily injury" and "property an "insured contract"; or damage"which occurs during the policy period. (2) That the insured would have in the absence The "bodily injury" or "property damage" must of the contract or agreement. be caused by an "occurrence" and arise out of: c. "Bodily injury"or "property damage"which oc- (1) Operations performed for you by the curs after the earliest of the following times: "contractor"at the location specified in the (1) When all "work" on the project (other than Declarations; or service, maintenance or repairs) to be per- (2) Your acts or omissions in connection with formed for you by the "contractor" at the the general supervision of such operations. site of the covered operations has been com- We will have the right and duty to defend any pleted; or "suit" seeking those damages. But: (2) When that portion of the "contractor's" (1) The amount we will pay for damages is lim- "work", out of which the injury or damage ited as described in SECTION III--LIMITS arises, has been put to its intended use by OF INSURANCE; any person or organization. This exclusion does not apply to any contractor or sub- (2) We may investigate and settle any claim or " contractor working direct) or indirect) for suit" at our discretion; and y y the "contractor" or as part of the same (3) Our right and duty to defend end when we project. have used up the applicable limit of insur- d. "Bodily injury"or"property damage"arisingout ance in the payment of judgments or settle- of your, or your employees' acts or omissions ments. other than general supervision of "work" per- b. Damages because of "bodily injury" include formed for you by the "contractor". damages claimed by any person or organization e. Any obligation of the insured under a workers for care, loss of services or death resulting at any compensation, disability benefits or unemploy- time from the "bodily injury". ment compensation law or any similar law. c. "Property damage"that is loss of use of tangible f. "Bodily injury" to: property that is not physically injured shall be deemed to occur at the time oftl�e"occurrence" (1) An employee of the insured arising out of that caused it. and in the course of his employment by the insured; 2. Exclusions. This insurance does not apply to: (2) The spouse, child, parent, brother, or sister of that employee as a consequence of (1) a. "Bodily injury" or "property damage" expected above. 'r Copyright Insurance Services offices, Inc„ 1984 This exclusion applies: (2) Any loss, cost, or expense arising out of any (1) Whether the insured may be liable as an governmental direction or request that you employer or in any other capacity; and test for, monitor, clean up, remove, contain, (2) To any obligation to share damages with or treat, detoxify or neutralize the pollutants. repay someone else who must pay damages Pollutants means any solid, liquid, gaseous or because of the injury. thermal irritant or contaminant, including smoke,vapor, soot, fumes,acids,alkalis,chem- This exclusion does not apply to liability as- icals and waste. Waste includes materials to be sumed by the insured under an "insured con- recycled, reconditioned or reclaimed. tract". k. "Property damage" to "impaired property" or g. "Property damage" to: property that has not been physically injured, (1) Property you own, rent, or occupy; arising out of: (2) Property loaned to you; (1) A defect, deficiency, inadequacy or dan- (3) Personal property in your care, custody or gerous condition in "work" performed for control; or you by the "contractor"; or (4) "Work" performed for you by the "con- (2) A delay or failure by you or anyone acting on tractor". your behalf to perform a contract or agree- h. "Bodily injury"or"property damage"due towar, ment in accordance with its terms. whether or not declared, or any act or condition This exclusion does not apply to the loss of use of incident to war. War includes civil war, insurrec- other property arising out of sudden and acci- tion, rebellion or revolution. This exclusion ap- dental physical injury to "work" performed for plies only to liability assumed under: you by the "contractor". (1) An "insured contract"; or SUPPLEMENTARY PAYMENTS (2) Expenses for first aid. We will pay, with respect to any claim or "suit" we de- fend: L "Bodily injury"or"property damage"arising out I. All expenses we incur. of the use of "mobile equipment" in,or while in practice or preparation for,a prearranged racing, 2. Up to$250 for cost of bail bonds required because of speed or demolition contest or in any stunting accidents or traffic law violations arising out of the activity. use of any vehicle to which this insurance applies. j. (1) "Bodily injury" or "property damage" aris- We do not have to furnish these bonds. ing out of the actual, alleged or threatened 3. The costs of bonds to release attachments, but only discharge, dispersal, release or escape of for bond amounts within the applicable limit of in- pollutants: surance. We do not have to furnish these bonds. (a) at or from premises you own, rent or 4. All reasonable expenses incurred by the insured at occupy; our request to assist us in the investigation or de- (b) at or from any site or location used by or fense of the claim or "suit", including actual loss of for you or others for handling, storage, earnings up to $100 a day because of time off from disposal, processing or treatment of work. waste; 5. All costs taxed against the insured in the "suit". (c) which are at any time transported, han- 6. Pre-judgement interest awarded against the insured dled, stored, treated, disposed of, or on that part of the judgment we pay. If we make an processed as waste by or for you or any offer to pay the applicable limit of insurance, we will person or organization for whom you not pay any pre-judgment interest based on that may be legally responsible; or period of time after the offer. (d) at or from any site or location on which 7. All interest on the full amount of any judgment that you or any contractors or subcontractors accrues after entry of the judgment and before we working directly or indirectly on your have paid, offered to pay, or deposited in court the behalf or performing operations: part of the judgment that is within the applicable limit of insurance. (I) if the pollutants are brought on or to g. Expenses incurred by the insured for first aid to the site or location in connection others at the time of an accident, for"bodily injury" with such operations; or to which this insurance applies. (ii) if the operations are to test for, These payments will not reduce the limits of insurance, monitor,clean up, remove,contain, treat, detoxify or neutralize the pol- SECTION II--WHO IS AN INSURED lutants. 1. If you are designated in the Declarations as: 2 a. An individual,you and your spouse are insureds. period for purposes of determining the Limits of Insur- b. A partnership or joint venture, you are an in- ance. sured. Your members, your partners, and their SECTION IV--CONDITIONS ® spouses are also insureds, but only with respect to their duties as partners or members of a joint 1• Bankruptcy. venture. Bankruptcy or insolvency of the insured will not re- v. An organization other than a partnership or joint lieve us of our obligation under this Coverage Part. venture, you are an insured. Your executive of- 2. Cancellation. ficers and directors are insureds, but only with respect to their duties as your officers or direc- a. The first Named Insured shown in the Declara- tors. Your stockholders are also insureds, but lions may cancel this policy by mailing or deliv- only with respect to their liability as stock- ering to us advance written notice of cancella- holders. ticn. 2. Each of the following is also an insured: b. We may cancel this policy by mailing or deliver- ' a. Any person (other than your employee) or any ing to the first Named Insured and the "con- organization while acting as your real estate tractor written notice of cancellation at least: manager. (1) 10 days before the effective date of can- b. Any person or organization having proper tempo- cellation if we cancel for non-payment of rary custody of your property if you die, but only: premium; or (1) With respect to liability arising out of the (2) 30 days before the effective date of can- maintenance or use of that property; and cellation if we cancel for any other reason. (2) Until your legal representative has been ap- c. We will mail or deliver our notices to the first pointed. Named Insured's and the "contractor's" last c. Your legal representative if you die, but only with mailing address known to us. respect to duties as such. That representative d. Notice of cancellation will state the effective will have all rights and duties under this Cover- date of cancellation. The policy period will end age Part. on that date. No person or organization is an insured with respect e. If this policy is cancelled, we will send the to the conduct of any current or past partnership or "contractor" any premium refund due. If we joint venture that is not shown asa Named Insured in cancel, the refund will be pro rata. if the first the Declarations. Named Insured or the "contractor"cancels, the SECTION III—LIMITS OF INSURANCE refund may be less than pro rata. The cancella- tion will be effective even if we have not made or 1. The Limits of Insurance shown in the Declarations offered a refund. and the rules below fix the most we will pay re- gardless of the number of: f. If notice is mailed, proof of mailing will be suffi- a. Insureds; cient proof of notice.b. Claims made or "suits" brought; or 3. Changes. C. Persons ororganizations making claimsorbring- This policy contains all theagreements between you, • ing "suits". the "contractor" and us concerning the insurance 2. The Aggregate Limit is the most we will pay for the afforded. The first Named Insured shown in the Dec- larations and the contractor are authorized to sum of damages because of all "bodily injury" and make changes in the terms of this policy with our "property damage". consent. This policy's terms can be amended or 3. Subject to 2. above, the Each Occurrence Limit is waived only by endorsement issued by usand made a the most we will pay for the sum of damages because part of this policy. of"bodily injury"and "property damage"arising out 4. Duties In The Event Of Occurrence, Claim Or Suit. of any one "occurrence". If you designate more than one project in the Declara- a. You must see to it that we are notified promptly y g p 1 of an occurrence which may result in a claim. tions, the Aggregate Limit shall apply separately to each Notice should include: project. (1) How, when and where the "occurrence" The limits of this Coverage Part apply separately to each took place; and consecutive annual period and to any remaining period of (2) The names and addresses of any injured • less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an additional b. If a claim is made or "suit" is brought against period of less than 12 montlis. In that case, the addi- any insured, you must see to it that we receive tional period will be deemed part of the last preceding prompt written notice of the claim or "suit". 3 c. You and any other involved insured must: applicable limit of insurance. An agreed settlement (1) Immediately send us copies of any de- means settlement and release of liability signed by mands, notices, summonses or legal papers us, the insured and the claimant or the claimant's received in connection with the claim or legal representative. "suit"; B. Other Insurance. (2) Authorize us to obtain records and other The insurance afforded by this Coverage Part is pri- information; mary insurance and we will not seek contribution (3) Cooperate with us in the investigation, set- from any other insurance available to you unless the tlement, or defense of the claim or "suit"; other insurance is provided by a "contractor" other and than the designated"contractor"for the same opera- tion and job location designated in the Declarations. Then we will share with that other insurance by the ment of any right against any person or orga- method described below. nization which may be liable to the insured because of injury or damage to which this If all of the other insurance permits contribution by insurance may also apply. equal shares, we will follow this method also. Under d. No insureds will,except at their own cost,volun- this approach, each insurer contributes equal tarily make a payment, assume any obligation, amounts until it has paid its applicable limit of insur- or incur any expense without our consent. ance or none of the loss remains, whichever comes first. 5. Examination Of Your Books And Records. If any of the other insurance does not permit contri- We may examine and audit your books and records as bution by equal shares, we will contribute by limits. well as the "contractor's" books and records as they Under this method, each insurer's share is based on relate to this policy at any time during the policy the ratio of its applicable limit of insurance to the period and up to three years afterward. total applicable limits of insurance of all insurers. 6. inspections And surveys. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; a. Is responsible for the payment of all premiums; b. Give you reports on the conditions we find; and and c. Recommend changes. b. Will be the payee for any return premiums we Any inspections, surveys, reports or recommend- pay. ations relate only to insurability and the premiums to 10. Premium Audit. be charged. We do not make safety inspections. We a. We will compute all premiums for this Coverage do not undertake to perform the duty of any person or Part in accordance with our rules and rates. organization to provide for the health or safety of b. Premium shown in this Coverage Part as ad- workers or the public. And we do not warrant that vance premium isa deposit premium only.Atthe conditions: close of each audit period we will compute the a. Are safe or healthful; or earned premium for that period. Audit pre- b. Comply with laws, regulations, codes or stan- miums are due and payable on notice to the dards. "contractor". If the sum of the advance and This condition applies not only to us, but also to any audit premiums paid for the policy term is greater than the earned premium,we will return rating, advisory, rate service or similar organization the excess to the "contractor". which makes insurance inspections, surveys, re- ports or recommendations. c. The"contractor" must keep records of the infor- 7. Legal Action Against Us. mation we need for premium computation, and send us copies at such times as we may request. No person or organization has a right under this 11, Separation Of Insureds. Coverage Part: a. To join us as a party or otherwise bring us into a Except with respect to the Limits of Insurance, and "suit" asking for damages from an insured; or any rights or duties specifically assigned in this Cov- rage Part to the first Named Insured,this insurance e b. To sue us on this Coverage Part unless all of its applies: terms have been fully complied with. a. As if each Named Insured were the only Named A person or organization may sue us to recover on an Insured; and •- agreed settlement or on a final judgment against an b. Separately to each insured against whom claim insured obtained after an actual trial; but we will not be liable for damages that are not payable under the is made or "suit" is brought, terms of this Coverage Part or that are in excess of the 12. Transfer Of Rights Of Recovery Against Others To Us. 4 If the insured has rights to recover all or part of any tained primarily to provide mobility to perma- payment we have made under this Coverage Part nently mounted: those rights are transferred to us. The insured must (1) Power cranes, shovels, loaders, diggers or do nothing after loss to impair them. At our request, drills; or the insured will bring "suit" or transfer those rights to us and help us to enforce them. (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; SECTION V—DEFINITIONS e. Vehicles not described in a., b., c. or d. above 1. "Auto" means a land motor vehicle, trailer or semi- that are not self-propelled and are maintained trailer designed for travel on public roads, including a primarily to provide mobility to permanently at- any attached machinery or equipment. But "auto" tached equipment of the following types: does not include "mobile equipment" (1) Air compressors, pumps and generators, in- 2. "Bodily injury" means bodily injury, sickness or dis- cluding spraying, welding, building clean- ease sustained by a person, including death result- ing, geophysical exploration, lighting and ing from any of these at any time. well servicing equipment; or 3. "Contractor"means the contractor designated in the (2) Cherry pickers and similar devices used to Declarations. raise or lower workers; 4. "Impaired property" means tangible property, other f. Vehicles not described in a., b., c. or d. above than work performed for you, that cannot be used or maintained primarily for purposes other than the is less useful because: transportation of persons or cargo. a. It incorporates work performed for you that is However,self-propelled vehicles with the follow- known or thought to be defective, deficient, in- ing types of permanently attached equipment adequate or dangerous; or are not "mobile equipment" but will be consid- b. You have failed to fulfill the terms of a contract or ered "autos": agreement; (1) Equipment designed primarily for.. if such property can be restored to use by: (a) Snow removal; a. The repair, replacement, adjustment or removal (b) Road maintenance, but not construc- of the work performed for you; or tion or resurfacing; b. Your fulfilling the terms of the contract or agree- (c) Street cleaning; ment. 5. "Insured contract" means: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to a. A lease of premises; raise or lower workers; and b. A sidetrack agreement; (3) Air compressors, pumps and generators, in- c. An easement or license agreement in connection cluding spraying, welding, building clean- with vehicle or pedestrian private railroad cross- ing, geophysical exploration, lighting and ings at grade; well servicing equipment. d. Any other easement agreement, except in con- 7• "Occurrence" means an accident, including contin- nection with construction or demolition opera- uous or repeated exposure to substantially the same tions on or within 50 feet of a railroad; general harmful conditions, e. An indemnification of a municipality as required 6• "Property damage" means: byordinance, except in connection with work for a. Physical injury to tangible property, includingall a municipality; resulting loss of use of that property; or I. An elevator maintenance agreement. b. Loss of use of tangible property that is not phys- 6. "Mobile equipment" means any of the following ically injured. types of land vehicles, including any attached ma- 9. "Suit" means a civil proceeding, brought in the chinery or equipment: United States of America (including its territories a. Bulldozers, farm machinery, forklifts and other and possessions), Puerto Rico and Canada, in which vehicles designed for use principally off public damages because of "bodily injury" or "property roads; damage"to which this insurance applies are alleged, b. Vehicles maintained for use solely r next to "Suit" includes an arbitration proceeding alleging y on such damages to which you must submit or submit premises you own or rent; with our consent, c. Vehicles that travel on crawler treads; 10. "Work" includes materials, parts or equipment fur- d. Vehicles, whether self-propelled or not, main- nished in connection with the operations, 5 GU 276a (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. L 00 21 1185 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART • PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1) The"nuclear material"(a)isat any"nuclear A. Under any Liability Coverage, to bodily injury facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed thefefrom; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in the policy is also an insured under a nuclear "spent fuel" or "waste" at any time energy liability policy issued by Nuclear En- possessed, handled, used, processed, ergy Liability Insurance Association, Mutual stored, transported or disposed of by or on ® Atomic Energy Liability Underwriters, Nu- behalf of an "insured"; or clear Insurance Association of Canada or any of their successors, or would be an in- (3) The "bodily injury" or "property damage" sured under any such policy but for its ter- arises out of the furnishing by an "insured" mination upon exhaustion of its limit of lia- of services, materials, parts or equipment in bility; or connection with the planning,construction, (2) Resulting from the "hazardous properties" maintenance, operation or use of any"nu- of "nuclear material" and with respect to clear facility", but if such facility is located which (a) any person or organization is re- within the United States of America, its ter- quired to maintain financial protection pur- ritories or possessions or Canada,this exclu suant to the Atomic Energy Act of 1954, or sion (3) applies only to properly damage any law amendatory thereof, or(b) the "in- to such "nuclear facility" and ny property sured" is, or had this policy not been issued thereat. would be, entitled to indemnity from the 2. As used in this endorsement: United States of America, or any agency "Hazardous properties" include radioactive, toxic or thereof, under any agreement entered into explosive properties; by the United States of America, or any agency thereof, with any person or organiza- "Nuclear material" means"source material", "Spe- tion. cial nuclear material" or "by-product material", "Source material", "special nuclear material", and B. Under any Medical Payments coverage, to ex- "by-product material" have the meanings given penses incurred with respect to "bodily injury" them in the Atomic Energy Act of 1954 or in any law resulting from the "hazardous properties" of amendatory thereof; "nuclear material" and arising out of the opera- "Spent fuel" means any fuel element or fuel compo- tion of a "nuclear facility" by any person or nent,solid or liquid,which has been used or exposed organization. • to radiation in a "nuclear reactor"; C. Under any Liability Coverage, to "bodily injury" "Waste" means any waste material (a) containing or "property damage" resulting from the "haz- "by-product material" other than the tailings or ardous properties"of "nuclear material", if: wastes produced by the extraction or concentration 0,,.."I k"," (over) Copyright, Insurance Services Office, Inc., 1983, 1984 of uranium or thorium from any ore processed pri- premises where such equipment or device is marily for its "source material" content, and (b) located consists of or contains more than 25 resulting from the operation by any person or organi- grams of plutonium or uranium 233 or any com- zation of any "nuclear facility" included under the bination thereof, or more than 250 grams of first two paragraphs of the definition of "nuclear uranium 235; facility". (d) Any structure, basin, excavation, premises or "Nuclear facility" means: place prepared or used for the storage or dis- (a) Any"nuclear reactor"; posal of"waste"; (b) Any equipment or device designed or used for and includes the site on which any of the foregoing is (1) separating the isotopes of uranium or plu- located, all operations conducted on such site and tonium, (2)processing or utilizing"spent fuel", all premises used for such operations; or (3) handling, processing or packaging "Nuclear reactor" means any apparatus designed or "waste"; used to sustain nuclear fission in a self-supporting (c) Any equipment or device used for the process- chain reaction or to contain a critical mass of fis- ing, fabricating or alloying of "special nuclear sionable material; material" if at any time the total amount of such "Property damage" includes all forms of radioactive material in the custody of the "insured" at the contamination of.property. • THIS ENDORSEMENT CHANGES THE POLICY. Endorsement No.SCG22 502 PLEASE READ IT CAREFULLY. Policy No. Pollution Liability Exclusion Broad Form With Hostile Eire Amendment This endorsement modifies insurance provided by the following: Commercial General Liability Coverage Part Owners And Contractors Protective Liability Coverage Part This endorsement replaces exclusion f. under operations performed by you or any Section I — Coverage A of the Commercial General contractors or subcontractors working directly Liability Coverage Part. This endorsement also or indirectly on your behalf. replaces exclusion j. under Section I of the Owners (d) Any loss,cost or expense incurred as a result and Contractors Protective Liability Coverage Part. of any "clean-up" of"pollutants" is not the This insurance does not apply to: result of a governmental directive or request, (1) "Bodily injury", "property damage" or injury or and would otherwise be covered by this damage of any nature or kind to persons or insurance. property arising out of the actual,alleged or 2. The emission,discharge, dispersal, seepage, threatened emission, discharge,dispersal, seepage, release or escape of heat,smoke or fumes from a release or escape of"pollutants"; "hostile fire": (2) Any loss, cost or expense incurred as a result of (a) At or from premises you own, rent or control; any "clean-up"of"pollutants";or or ® (3) The investigation, settlement or defense of any (b) At or from any site or location on which you or claim, "suit" or proceeding against the insured, any contractors or subcontractors working including any payments,costs or expenses directly or indirectly on your behalf are associated therewith, alleging such injury, damage, performing operations, if the "pollutants" are loss, cost or expense as described in (1)and (2) brought on or to the site or location in connection with such operations; above. However,this exclusion does not apply to: Provided that any loss, cost or expense incurred as a result of any "clean-up"of"pollutants" is not the result 1. Any site or location not owned, rented, or of a governmental directive or request,and would occupied by you, on which you or any contractors otherwise be covered by this insurance. or subcontractors working directly or indirectly on As used in this Coverage Part: your behalf are performing operations, provided that: "Pollutants" is amended to mean any noise,solid, semi-solid, liquid, gaseous or thermal irritant or (a) The emission,discharge, dispersal, seepage, contaminant, including smoke, vapor, soot, fumes, release or escape of"pollutants": mists, acids,alkalis,chemicals, biological and other (i) Does not occur at or from any site or etiologic agents or materials, electromagnetic or location used by or for you or others for ionizing radiation and energy, genetically engineered the handling, storage, disposal, processing materials, teratogenic, carcinogenic and mutagenic or treatment of"waste";or materials, "waste"and any other irritant or (ii) Does not arise out of the transportation, contaminant, handling, storage, treatment, disposal or "Waste" is amended to include any materials to be processing of"waste", at any time, by or disposed, recycled,reconditioned or reclaimed. for you or any person or organization for "Clean-up" includes the testing for, monitoring, whom you may be legally responsible, removal,containment, treatment, detoxification or (b) Such operations do not involve the "clean-up" neutralization of"pollutants". of"pollutants". "Hostile fire" means a fire which becomes (c) The "pollutants" were not brought on or to uncontrollable, or breaks out from where it was any site or location in connection with intended to be. Copyright,The Continental Corporation,1986. Ed. 11/86 Printed In U.S.A. ® THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MISSOURI CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: Boiler and Machinery Coverage Part • Businessowners Policy Commercial Crime Coverage Part - Except Coverage Forms A and B Commercial General Liability Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Pollution Liability Coverage Part Products/Completed Operations Coverage Part A. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, stating the actual reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of, premium; b. 30 days before the effective date of cancellation if cancellation is for one or more of the following reasons: (1) Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy; (2) Changes in conditions after the effective date of this policy which have materially increased the risk assumed; (3) We become insolvent; or, (4) We involuntarily lose reinsurance for this policy. c. 60 days before the effective date of cancellation if we cancel for any other reason. B. The following is added and supersedes any provision to the contrary: NONRENEWAL 1. We may elect not to renew this policy by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the actual reason for nonrenewal, at least sixty days prior to the effective date of the nonrenewal. • 2. If notice is mailed, proof of mailing will be sufficient proof of notice. IL 02 74 09 87 Copyright, Insurance Services Office. Inc., 1987 e 'PHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART • A. Paragraph 2.b. of the Cancellation Condition is replaced by the followings 2.b. We may cancel this policy by mailing or delivering to the first Named Insured and the "contractor" written notice of cancellation, stating the actual reason for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; (2) 30 days before the effective date of cancellation if cancellation is for one or more of the following reasons: (a) Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy; (b) Changes in conditions after the effective date of this policy which have materially increased the risk assumed; (c) We become insolvent; or, (d) We involuntarily lose reinsurance for this policy. (3) 60 days before the effective date of cancellation if we cancel for any other reason. B. The following is added to CONDITIONS: NONRENEWAL 1. We may elect not to renew this policy by mailing or delivering to the first Named Insured and the "contractor," at the last mailing addresses known to us, written notice of nonrenewal, stating the actual reason for nonrenewal. at least sixty days prior. to the effective date of the nonrenewal. 2. If notice is mailed, proof of mailing will be sufficient proof of notice. CG 29 29 09 87 Copyright, Insurance Services Office. Inc. , 1987 ISSUE DATE(MM/DD/YY) 5/11/88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Naught-Naught Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. O0. Box 1768 COMPANIES AFFORDING COVERAGE e.fferson City, Missouri 65102 COMPANY LETTER a CONTINENTAL INSURANCE CQMPANY COMPANY INSURED LETTER ® GLENS FALLS INSURANCE COMPANY JEFFERSON ASPHALT COMPANY, INC. COMPANY 2207 Idlewood Road LETTER C Jefferson City, Missouri 65101 COMPANY LETTER D COMPANY 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 REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MF.I'DD-YYI DATE(MM/DD/YYI GENERAL LIABILITY GENERAL AGGREGATE $ B COMMERCIAL GENERAL LIABILITY CBP6006013 10/01/87 10/01/88 PRODUCTSCOMNOPSAGSREGATE $ CLAIMS MADE OCCURRENCE PERSONAL d ADVERTISING INJURY $ OWNER'S 6 CONTRACTORS PROTECTIVE FACH OCCURRENCE FIRE DAMAGE!ANY ONE FIRE( $ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE LIABILITY ANY CBP6006013 10/01/87 10/01/88 `SL $ ALL LL O OWNENE D AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ HIRED AUTOS IIhy NON-OWNED AUTOS �CC DEN-11 $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE A X LX3931092 10/01/87 10/01/88 $12000 4,000 OTHER THAN UMBRELLA FORM il sTaruroRV WORKERS'COMPENSATION A AND 61W8441485 10/01/87 10/01/88 $loo !EACH ACCIDENT( $500 (OISEASE•POLICY LIMIT( EMPLOYERS'LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS • • • City of Jefferson City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. 320 E. McCarty Street PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Jefferson City, Missouri 65101 MAJO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS A TS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE THOMAS S. NAUGHT G O� � � ISSUE OATS(MM/DD/YY) 5-12+88 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY SINGER NO. yn_� Continental Insurance Co. ftu&t'-�au&t Agency DATE EFFECTIVE TIME DATE EXPIRATION TIME P.O. BOY 1768 • AM 39112 01 AM Jefferson City, M 65102 5-12-88 PM 6-12-88 NooN THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO. CODE SUB-CODE DESCRIPTION OF OPERATION S/VEHICLESIPROPERTY(INCLUDING LOCATION) 1988 Asphalt Overlay work performed by INSURED Jefferson Asphalt Company Dept. of folic Works, City of Jefferson Jefferson Clty, MO 65101 320 E. NeCarty Street ' Jefferson City, H0 65101 TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANAE PROPERTY CAUSES OF LOSS BASIC=BROAD SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ 1,000 COMMERCIAL GENERAL LIABILITY PRODIICTS•COMP/DPS AGGREGATE $ 1,000 CWAS A%DE ❑OCCUWNCE PERSONAL&ADVERTISING INJURY $ 1,000 OWNER'S 6 CONTRACTORS EACH OCCURRENCE $ 500 PROTECTIVE FIRE DAMAGE(ANY ONE FIRE) $ 50 RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE(ANY ONE PERSON) $ OMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL Is t LIABILITY BI PERSIACCID $ NOWOWNED PD $ # HIRED MED.PAY $ GARAGE PIP $ d}Aa�'t s UM $ AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES AN COLLISION DED: STATED AMOUNT $ 00 DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM PETRO DATE FOR CLAIMS.MADE: STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND �.r, $ (OISEASE•POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONSIRESTRICTIONS/OTHER COVERAGES City Street Asphalt Overlay MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE kick Wousht lgderd- (9(w ® INSURANCE AND SURETY BONDS April 27, 1988 City of Jefferson City, Missouri Department of Public Works City Hall Jefferson City MO 65101 Re: 1988 Asphalt Overlay Program Contractor: JEFFERSON ASPHALT COMPANY, INC. Contract Price: $371 ,956.20 Safeco Insurance Company of America Bond No. 5516933 This letter will serve as your authority to date the Bonds and Power of Attorney in connection with the captioned Project. SAFECO NSURANCE COMPANY 0 AMERICA By: P tsy J imer At orn y- n-Fact /PL Riagate Bun=Genur,600 BraW*"Suite 600,Xww Ot Mwwri 64105 (816)84248M FAX 1.816.1725018 • . M SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY ����® OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 Bond No. 5516933 PERFORMANCE BOND Approved by The American instituto of Architects A.I.A. Document No.A-311 February,1970 Edition KNOW AI.L BY THESE PRESENTS, That we, JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207 I d I ewood Road, Jefferson City MO (Here insert the name and address or legal title of Contractor) as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto CITY OF JEFFERSON CITY, MISSOURI (Here insert the name and address or legal title of Owner) as Obligee,hereinafter called Owner,in the amount of THREE HUNDRED SEVENTY–ONE THOUSAND N I NE HUN- DRED FIFTY–SIX AND 20/100----------------------------------Dollars($ 371,956.20------), for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators, successors and assigns jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated , 19—entered into a Contract with Owner for 1988 Asphalt Overlay Program in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SlICH, That, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. (continued on reverse side) .-1219 111 F/77 "IIINTril IN U A, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1. Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner, and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final.payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. j Signed and sealed;his �—M day of, JEFFERSON ASPHALT COMPANY, INC. Seal rincipal (Witness) ® y Title SAFECO INSURANCE COMPANY OF AMERICA (Witness) By P �Olmer, Attorney-in• act y J . w SAFECO INSURANCE COMPANIES IAPICO INIUr1ANC1 COMPANY OF AMIAICA GINIRAL INIUIIANCI COMPANY OF AMINICA FIRST NATIONAL INOURANCI COMPANY OF AMIRICA HOMI OPPICI 11A►IC0 FLArA,IIATTLI,WASHINGTON 00165 Bond No. 5516933 LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I,A. Document No. A•311 February, 1970 Edition Note; This bond is Issued simultaneously with u Performance Bond in favor of the Owner conditioned for the full and faithful performance of the Contract. KNOW ALL.Afh'N li)'7'fll;;Sl:'I'K/::SIsNTS, That we, JEFFERSON ASPHALT COMPANY, INC. , Route 2, 2207 Idlewood Road, Jefferson City MO 65101 (Here insert the name and address or legal title of Contractor) as Prinelpal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora- lion oi'Scuttle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto CITY OF JEFFERSON CITY, MISSOURI (Ilere insert the name and address or legal title of Owner) us Obligec, hereinafter culled Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of and 20/100-------------- THREE HUNDRED SEVENTY-ONE THOUSAND NINE HUNDRED FIFTY-SIX/ Dollars($ 371 ,956.20----) (Ilere insert u suin equal to at least one-half of the zontract price) for lice payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,Jointly and severally, firmly by these presents. IVlll:'RhA.S,Principal has by written agreement dated 19 entered into a contract with Owner for 1988 Asphalt Overlay Program in accordance with Drawings and Specifications prepared by �. (Here insert full name and address or legal title of Architect) 1 which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, That if the Principal shall promptly make payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void,otherwise it shall remain in full force and effect,subject, 1 however, to the following conditions: 1, A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, mutoriul, or both, used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (continued on reverse side) a $,"" ,,, ,n.,n PRINTED IN U.S.A. e 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the lust of such Claimant's work or labor was done or performed,or materials were furnished by such Claimant,may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shat[be commenced hereunder by any Claimant, a) Unless Claimant, other than one having a direct Contract with the Principal,shall have given written notice to any two of the following: The Principal,the Owner, or the Surety above named,within ninety(90)days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b)After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. ® 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve- ment, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of JEFFERSON ASPHALT COMPANY, INC. (Seal) Principally Witness B D-'�t �l/r/ / s1 a== �,P, y' Tit SAFECO INSURANCE COMPANY OF AMERICA Witness '+ 13 (� UCcQ/l� - Y Pa mer, Attorney-in-Fact r � I, POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SAFECO SEATTLE,WASHINGTON 98185 i No. 5467 ® KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint --KEVIN J. McGREEVY, Kansas City, Missouri; JEROME J. REARDON, Kansas City, Missouri;' MICHAEL T. KELLY, Kansas City, Missouri; ERIC VAN BUSKIRK, Kansas City, Missouri; PATSY J. LORIMER, Kansas City, Missouri; LaVONNE RINKS, Kansas City, Missouri-------- its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of February , 19 87 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any ® Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Pourer of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this �7H day of 19 . S•974 R10 3/86 PRIWED IN U.S..A. :a