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
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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.
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