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HomeMy Public PortalAboutORD11085 BILL NO. 88-64 SPONSORED BY COUNCILMAN MASON ORDINANCE NO. / U F S- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WILLARD STOCKMAN CONSTRUCTION CORPORATION FOR THE 1988 CURB & GUTTER PROJECT, JAYCEE DRIVE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Willard Stockman Construction Corporation for the 1988 Curb & Gutter Project, Jaycee Drive for a sum not to exceed $108,305.18. 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 � �zfef_ Approved f -Y?6 aff s. din fficer i r ATTEST: City Clerk CONSTRUCTION CONTRACT THIS CON RACT , made and entered into this day of , 19_8'!9_, by and between Willard Stockman-' construction Corporation , h e r e i n a f t e r c alled "Contractor", and the City of Jefferson, Missouri , a municipal corporation, hereinafter called "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 1988 Curb & Gutter Project, Jaycee Drive. NOW THEREFORE , the parties to this contract agree to the following: 1. Manner and time for Completion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipment , materials and supplies necessary to perform, and to perform, said work at Contractor 's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within seventy-five (75) calendar 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 Wages . All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri , and as established by the Federal Employment Standards of the Department of Labor . Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 88-026-0140 in which the rate of wages is set forth . The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290. 250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract : (a) Workmen ' s Compensation Insurance for all of its ® employees to be engaged in work under this contract. (b) Contractor 's Public Liability Insurance in an amount not less than $800, 000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen 's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence. (d) Owner 's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner 's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100, 000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen ' s Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to MA underground structures or by reason of blasting , explosion or RF 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 Subparagraphs (a ) , (b) , and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor 's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor . 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, ap 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 setf orth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. Liquidated Damages. The Director of Public Works may , at his discretion, deduct 100.00 from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof , or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor ' s control and without fault or negligence on Contractor 's part or the part of its agents. AN 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors', or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of , and utilize in completing the work , such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of , the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Guards and Lights. The Contractor agrees to defend, indemnify;and save t e Cxty harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors, or arising out of the award of this contract to Contractor. 9. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor , its servants , agents , or subcontractors, or arising out of the award of this contract to Contractor. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule setforth 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 AucruSt 16 , 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 Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches This contract and the other documents enumerated in this paragraph, form the Contract between the parties . These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the Performance of th s contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 2615 Schott Road, Jefferson City, MO 65101 . The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TESTIMONY WHEREOF the parties have her unto set their hands and seals this �/ _ day of i , 19 Trr . CITY OF JEFFERSON, MISSOURI By , Ma ATTEST: CITY CLERK CONTRACTOR By Title: AT E SECRETARY THE AMERICAN INSTITUTE OF ARCHITECTS ® -- ----rte AIA Documcnl A312 Bond #5127076 Performance Bondi Any singular reference to Contractor, Surety, Owner or ollu-r party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Willard Stockman Construction Corp. Employers Mutual Casualty Company Star Route 2, Schott Road P.O. Box 712 Jefferson City, MO 65101 Des Moines, Iowa 50303 OWNER (Name and Address): City of Jefferson, Missouri 320 East McCarty Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: August 30, 1988 Amount: ONE HUNDRED EIGHT THOUSAND THREE HUNDRED FIVE AND 18/100----------($108,305.18) Description (Name and Location): 1988 Curb & Gutter Project, Jaycee Drive BOND Date (Not earlier than Construction Contract Dale):August 30, 1988 Amount:ONE HUNDRED EIGHT THOUSAND THREE HUNDRED FIVE AND 18/100----------($108,305.18) Modifications to this Bond: 0 None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company:� (Corporate Seal) Company: (Corporate Seal) Willard Stockman Construc io -Corp. , Employers Mutu 1 Casualty Camp ny Signatures ' *` L ' � =' � y'i �� Signature: Nami:aru .i ilie: Name and Title Barbara M. Thacker, Attorney-in-Fact (tiny addit'icoal signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Trlcphune) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Insurance Agency other party): PO Box 8918 Prairie Village, KS 66208 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND- UECEMBER IW ED.•AIA�► THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVE.. N.W.,WASIIINGTON,D,C.2W46 1312.19U I I The Contractor and the Surety, jointly anti severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, admloi%irators, soon as practicable alter the amount is deter. 3uccessbrs and assigns to the Owner for the p(-rlormance mined, lender payment therefor to the of the Construction Contract,which is incorporated lierein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Conlracl, Owner citing reasons therefor. the Surety and the Contractor shall have no (obligation g It 111e Surety does not proceed as provided in Paragraph under this 0ond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. Ir>be in default on this Bond fifteen days after receipt of an 3 It there is no Owner Default, the Surety's obligation ackhlional written notice from the Owner to the Surely under this Bond shall arise after: demaadmg that the Surely perform its obligations under this Ilond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contra(lcor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a t oniraclor payment Itmdered or the Surety has denied liability, in Default and has requested and attempted loo arrange a whole or io part,without further notice the Owner shall be conference with the Contractor and the Surely to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after re(ript of such notice to discuss methods of perlorming the Construe 6 Afler Ilic Owner has terminated the Contractor's right lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surely Surety agree, the Contractor shall be allowo:(I a reason- elects to at t under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Conlracl, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not he greater than those of the Contractor under Ihv any,subsequently to declare a Contractor Delaull; and Consiructioon Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 'The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of IN% Bond, but subject to commitment by the the contract. Such Contractor Default shall not lie de- Owner of Iltc Balance of the Contract Price to mitigation of clared earlier than twenty days after the Conlrat for and (osts and damages on the Construction Contract,the Sure. the Surety have received notice as proviclvd in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc• 3.3 The Owner has agreed to pay the Balanty of the lion of defective work and completion of the Construc- Contract Price to the Surely in accordan(v with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contrail in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with thr, Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following, actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perfor- Own(ir, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surely shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construe obligations of the Contractor that are unrelated to the Con. lion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con. its heirs, executors, administrators or successors. struction Contract, arrange for a contract to he pre- 8 The Surety hereby waives notice of any change,includ. pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owners concurrence,to he secured related subcontracts, urchase orders and other obli a with performance and payment bonds executed by a lions. p �' qualified surety equivalent to the bonds issued on the Construction Contract, and pay to they Owner the 9 Any proceeding, legal or equitable, under this liond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which Ilw work or part of the work is located Owner resulting from the Contractor's delaull; or and shall be instituted within two years after Contras for 4.4 Waive its right to perform and complety, arr,ingv Default or within two years after the Contractor teawd for completion, or obtain a new contractor and with working or within two years after the Surety refuse~or fails reasonable promptness under the circumstant es: to perform its obligations under this Band,whichever oc. curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the anmunl for prohibited by law,the minimum period of(imitation avail. AIA DOCUMENT/312•PERFORMANCE BOND AND PAYMINr HONU•UECth1NIR IUtN tl). •AIA .q THE AMERICAN INSTITUYE OF ARCHITECTS, 1733 NEW VONX AVE., N.W., WASHINGTON, U.C.20006 A312.1984 2 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of Insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on nature page. behalf of the Contractor under the Construction Con- tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this whit h has neither been remedied nor waived, to per. Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The Iwal amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contrat a,r wider the tractor as required by the Construction Contract or to Construction Contract after all proprr adjustments perform and complete or comply with the other terms have been made, including allowance lu the Con. thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERfORMANt'( NOND AND PAYMINT IIONI)•UIt(mIIIR Io*1 1I). ►AM is THE AMERICAN INSTITUTE Of ARCHITECTS,1736 Nt%V VORK AVE.,N.W.,WASHIN(.10N,U.C.201x16 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS 1 , S AIA Document A312 Bond #S127076 Payment Bond Any singular reference to Coillraclor, Surely, Owner or other early shill be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Willard Stockman Construction Corp. Employers Mutual Casualty Company Star Route 2, Schott Road P.O. Box 712 Jefferson City, MO 65101 Des Moines, Iowa 50303 OWNER (Name and Address): City of Jefferson, Missouri 320 East McCarty Jefferson City, MO 65101 CONSTRUCTION CONTRACT Date: August 30, 1988 Amount: ONE HUNDRED EIGHT THOUSAND THREE HUNDRED FIVE AND 18/100-----------($108,305.18) Description (Name and Location): 1988 Curb & Gutter Project, Jaycee Drive BOND Date (Not earlier than Construction Contract Date): August 30, 1988 Amount: ONE HUNDRED EIGHT THOUSAND THREE HUNDRED FIVE AND 18/100------($108,305. 18) Modifications to this Bond: lykNone 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY ComppanyY: (Co orate Seal) Company: (Corporate Seal) Willard Stockman Construction Corp. Employers M 1 Casualty Com any Signature r�r2�� s �'�-�- Signature Na me• and Title: Name and H7: Barbara M. Thacker, Attorney-in-Fact (Any additional signatures appear on page h) (FOR IN ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Lockton Insurance Agency other party): PO Box 8418 Prairie village, KS 66208 AIA DOCUMENT A312 -PERFORMANCE IIOND AND PAYMINI HUNT) -010MIUR 1914 EU. -AIA THE AMERICAN INSTITUTE Of ARCHItECT5, 1735 NEW Y09X AVL,N.W.,WAti111NG70N, U.C. 200, A312.1984 4 1 The Contractor and the Surety, jointly and severally, 8 When the Claimant has satisfied the conditions of Para- bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surely's ex. successors and assigns to the Owner to pay for labor, purist- take the following actions: materials and equipment furnished for use in the perfor- 6,1 Send an answer to the Claimant,with a copy to the mance of the Construction Contract,which is ine orporaled Owner,within 45 days after receipt of the claim,stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall Ire null longing any amounts that are disputed. and void it the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, anioullls. for all sums due Claimants, and 7 The Surely's total obligation shall not exceed the 2.2 Delends, indemnifies and holds harmlwo% the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or •mis by any I rediied for any payments made in good faith by the Surety. person or enlity who furnished labor, fnalt•riats or 0 Amount% owed by the Owner to the Contractor under equipment for use in the performance of Iliv t.nn%1ruL- the Construclion Contract shall be used for the perfor- lion Conlrat-t, provided the Owner has promnpily noli• grant a of Ihu-Construction Contract and to satisfy claims,if find the Contractor and the Surety (at thi- address de• scribed in Paragraph 12) Many claims, liens any, under any Construction Performance Bond. By the or suits and tendered defense of Such cl,unr,,demands. Contractor lornishing and the Owner accepting this flond, liens or suits to the Contrartor and the- Surety, and they agree that all funds earned by the Contractor in the provided there is no Owner Default. performanr a of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation -hall be null this Bond,subiect to the Owner's priority to use the funds and void if the Contractor promptly makes pavmtnt, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The SurvIy shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimant%under or others for obligations of the Contractor that are unrelat- this Bond until: ed to the Construction Contract. The Owner shall not be 4.1 Claimants who arc employed by or have a direct liable for payment of any costs or expenses of any Claimant contract with the Contractor have given notice to the under this Bond,and shall have under this Bond no obliga- B lions to make payments to, give notices on behalf of, or sent (at the address er of,to t in Owner, 12) and otherwise have obligations to Claimants under this Bond. sent a copy,or police thereof,to the Oss�ner,stating that a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to 4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga- the Contractor: tions. .1 Have furnished written notice In the Con. 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or nolieC thereof, to under this Bernd other than in a court of competent jurisdic- ving l lion in the location in which the work or part of the work is the Owner, within (N) days after hag last performed labor or last furnished materials or located or after the expiration of one year from the dale(1) fe equipment included in the claim scatter;,with on which the Claimant gave the notice required by Sub• substantial accuracy, the amount of the claim paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last and the name u the party to whom the mate• labor or service was performed by anyone or the last mate. rials were furnished or supplied or far wane. pals or equipment were furnished by anyone under the the labor was door or supplied and Construction Contract,whichever of(1)or(2) first occurs. p If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica- in 30 days of furnishing the above notice any ale• communication from the Contractor by which 12 Notice to(he Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be he (nailed or delivered to the address shown on the sig- paid directly or indirectly; and mature page.Actual receipt of notice by Surely,the Owner .3 Not having been paid withintheahow? 10tlay%, or the Contractor, however accomplished, shall he suffi• have sent a written notice to the Surety(at the cienl compliance as of the date received at the address address described in Paragraph 12)and sent a shown on the signature page. copy,or notice thereof, to the Owner, staling 13 When Ibis Bond has been furnished to comply with a, that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy Conn actor. written mope u� the.,construction was Io he performed,any provision in this furnished to the Contractor. Bund conflicting with %aid statutory or legal requirement 3 If a notice required by Paragraph 4 is given by Ihv Owner shall be deemed deleted herefrorn and provisions con• to the Contractor or to the Surely,that is sufficient compl- farming to such statutory or other legal requirement shall ante. be deemed incorporated herein, The intent is that (his ALA (DOCUMENT A312•PERrORMANCE BOND AND ('AYM(Nr IIOND•UI('IMlllx 19M (1). •AIA � THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON,U.C. 20wo A312.1984 S Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by an person or entity appearing lobe a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Gmlractur shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subt ontractor of changes thereto. the Contractor to furnish labor, materials nr equip- 15,9 Owner Default:Failure of the Owner,which has ment for use in the performance of the('nnlracl.The neither been remedied nor waived, to pay the Con- Intent of this Bond shall be to include wilhnul limila• tractor as required by the Construction Contract or to lion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, (oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS. (Space is provided below for additional signatures of added paroles►, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal Signature: Signature: Name and Title: Name and Title: Address: Address: AM OOCU~A112•►lSrORMANC[ aONN ANU PAYMINT IIONI)•UIC[MMIN loss lN, •AIA A TM AMIRICAN INSTITUTt OF AN NIT[CT1.VX NIW V0119 AVII.,N.W.,WASHMTO".N.C.XM 11312.1944 6 will- Employers Mutual Companies P.0. Box 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL.ATTORNEY-IN-FACT Notice:The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company,an Iowa Corporation Illinois Emcasco Insurance Company,an Illinois Corporation Emcasco Insurance Company,an Iowa Corporation Dakota Fire Insurance Company,a North Dakota Corporation Union Mutual Insurance Company of Providence, American Liberty Insurance Company,an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: JOHN T. LOCKTON, III, JAMES C. PATEIDL, MICHAEL D. FROST, DAVID M. LOCKTON, MERLIN D. REDFIELD, MICHAEL D. WHIPPS, KEVIN D. KALISH, JULIA M. SIEBEN, JANET L. MCRILL, BARBARA M. TRACKER, INDIVIDUALLY, PRAIRIE VILLAGE, KANSAS------------------------------- its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS--------------------($500,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1990 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on March 9,1983. RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, rocognizances, contracts of indemnity and other writings obligatory in the nature thereof, and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.Certification as to the validity of any power of attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company.The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF,The Companies have caused these presents to bu signed for each by their Chairman and Assistant Secretary, and the Corporate seals to be hereto affixed this 11th _day of September 19_ 7 . WARNING:This power invalid if red diagonal imprint"Employers Mutual C antes"is not present in its entirety,and if the signatures of the officers and notary public do not appear in blue,and if the"EMC"w erm does t appear in the top half center of the page.� Seals ��t4 D/f , ,,.,nrrrrr,,,, •.•'gyp INS U �'•. ,`• ,pANCf ••.�'�Y INSU ''•, SL�anrrr,yq ,, ••�S �r,nU,0O . VQ.�nru,,94 �p,�PpOp4•,��' ` °00,7 �'p= �.``°RPORq�,L�= Robb B.Kelley John M.Van Sloun '''•c+' = :r° 'o: 'ar r` = Chairman Assistant Secretary '-" SEAL 1863 o_ 1953 ;2;, 11th September 87 ab: R.I. o���' =6�'•, .••ab On this day of AD 19_ before me a Notary Public in and for Polk County, Iowa,personally appeared Robb B. ''.�7 1ST.`' •,,N/1 • 3�.••'• '',, ��a,,,i•. ,.� Y Y P Y PP I�N�„N•` "�rr,�rr'`' '"rrrrrrr�''' Kelley and John M.Van Sloun,who being by me duly sworn,did say that they are, and known to me to be•,•\NgURA/y�F�. �.•`�NSURgN�'., ;.�`• UtuA�0'�,rrespectvely,eof each of The Companies above;that the seals affixedcto this c�, P?0)?4 o .� ,` 9,P0Rq�:�o; ;`,�QS`,s?"4,,el instrument are the seals of said corporations;that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective SEAL SEAL -_; _ SEAL :o E Boards of Directors; and that the said Robb B. Kelley and John M.Van Sloun y * yo.�, ,;P��; :,�oF�,,, ,,• P,c acknowledge the execution of said instrument to be the voluntary act and deed ipWp • •�,�Rt��OpKO�•••••� '•.,%INES��•.•'• of each of The Companies. im$ """"''� """"'� My Commission Expires — October 2, 1989 KRISTIE L TYLER * COMMI>iW MRES Notary Public CERTIFICATE I,Richard E.Haskins of the Employers Mutual Casualty Company,do hereby certify thithe foregoing rQgolutinof-the Boards of Directors by each of The Co,J anie and this Power or n y issued ppurs,nt thQr to on a temDeT 1111, llyyt8 on behalf of O" LO Kt n, + es G. Patel 1, G e r St V1 OC t0 in D. OR?fe d, Kt . ��i fps, Kevin �. Ka�is�i, Julia �. Sieg n An �' I , are true and correc an are stl m u orce and a ec. Barbara �. ' aRetr cRi In Testimony W"f khava,g cribed my name and affixed the facsimile seal of each Company this day of — ft yy c Form 7832 Fourth Reprint Vlce-President ��/,�'���• CERTIFICATE Oil INSURANCE 03/31/90 DATE( 03/31/90 03/313/31YV) /A9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Lockton Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.0. Box 8418 COMPANIES AFFORDING COVERAGE Prairie Village Ks 66208 COMPANY A CODE BUB•CODE LETTER California Compensation (Hanover) COMPANY B INSURED 158 LETTER Massachusetts Bay (Hanover) Willard Stockman Construction COMPANY Corporation LETTER C Star Route 21 Schott Road COMPANY Jefferson City, MO 65101 LETTER D COMPANY E LETTER C01+ERACeS M. 4E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE(MM/DD/YY) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $2000 A X COMMERCIAL GENERAL LIABILITY Z2086861 03/31/89 03/31/90 PRODUCTS•COMP/OPS AGGREGATE S 2000 CLAIMS MADE X OCCUR. PERSONAL 8 ADVERTISING INJURY $1000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000 FIRE DAMAGE(Any one lire) $50 MEDICAL EXPENSE(Any one person) $5 AUTOMOBILE LIABILITY COMBINED X ANY AUTO ADK2739013 03/31/89 03/31/90 LIMIT $ 1000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Par person) X HIRED AUTOS BODILY INJURY $ X .NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE Umbrella Form Not Applicable $ $ OTHER THAN UMBRELLA FORM xxxxxx, xxxxxxxxxx WORKER'S COMPENSATION STATUTORY $ 100 (EACH ACCIDENT) AND A WCK2453687 03/31/89 , 03/31/90 $ 500 (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY $ 100 (DISEASE-EACH EMPLOYEE) OTHER A Rented/Leased Z2086861 03/31/89 03/31/90 $50,000 Imt. per Equipment form others item/disaster, AR, $500 ded. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS urb; dl,.Qusr.'ProJect, Jaycee. Drives+ CERTIFICATE HOLDER CANCELLATION 9357 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Jefferson City EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 East McCarty MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Jefferson City MO 65101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE x R6ORCb 2a•S 9 Ilia , q c' 'i�i��1•;rr£i°t^tr:?!4�eG'r+�'. T � .' r t��r�*" r � t^�_� a. •c r ) � .3 s 4 '- rot" 4 i'h'�� �.............�.�:��n� 4? PRODUCER a t 1 iLIiS CL'RTIFICAFF' IS ISSUED AS A t,U4TIER OF 114FORN1AI If)N ONLY AND CONFERS i NO RIGHTS UPON I HE CCFITIFICA 1 F HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALA CFI'1HE COVERAOF: 'F F"0 P1)ED BY THE POLICIES BELO'.V, Lockton Insurance Agency C0MiP p,NIEIS Al 0 E=iDIN1G C 0VERAG,E P. O. Box 8418 __.._. .._. .__..._._._ 7, . Prairie Village Ks 66208 _ . California Compensation .-(Hanover) ----- <<' 158 _.. Massachusetts_Bay . (Hanover_)_.. 1 r� Willard lard Stockman Const. Corp. ,I . . r Star Route 2, Schott Road ---------- Jefferson City, MO 65101 �v 011 Z ,�r {J"F � 'rK.q�.+: f• y. � M � i��'a'i.'.•+w.iL•L�..h..G. 'i THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 11 SLIREC)NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY f:O1J1'RACT OR OTHER DOCUMENT�5'I'rH RESPECT TO WHICH THIS CERTIFICATE MAY �b BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBUEC r TO ALL THE'TERMS.EXCLUSIONS.AND CONDI• T10NS OF SUCH POLICIES. I L _MI -.EI FFEC?__AT. .POLICY_.INCEPTLONTS_SHOWN--ARE_THOSE _...-___.__•'�/ y ITR TYPE OF INSURANCE POLICY Nu:18ER ;p •,, `;, I F ;r ,c, ALL LJ!1f1S IN THOUSANDSc* �fY _�..+_.-- � --- ----------___—___ --_ ---'------r --.._.__._...._-- _._...._. -,-.: .:-�--------_.._.. ___ ___--- •'tai„ z„cr GENERAL LIABILITY COMII.;ERCIA GUNRAt,LIABiUl1 F•±; x _ Z2086861 103/31/88 03/31/89 (1.1.C5LAKr ..ERI.=;'.. ;�•-1i'r y,,T, C i(^, 's?E,C r: —_— --._._._._._— - — •--- -. - ._. _ ...._�--t AUTOMOBILE LIABILITY — - �5~ 3't; I£�a i Ar;l'AU-0 - x ADK2739013 '03/31!88 03!31/89 -.- —� All O:.NEDAUIOS �— SCHEDULED AUTOS } I HIRE)AUTOS :.DIJ C411114E.0 AUTOS �•�<�L,'r'r= S �i`i`� ray GARACE LIABILITY :a• 1'^ EXCESS LIABILITY Umbrella orHrR IHAII LIM0ELL A FORM r 1ATUTOF0' WORKERS'COMPENSATION A AND WCK2453687 03/31/88 03/31/89 --..._------j-, >�:`ap`. EMPLOYERS'LIABILITY }'J},pyS`1717 O I'L'I E R i r� UESC:IIIPI ION OF OPERATIONS/LOCAT IONS/VEHICLES/RESI'Rr,TIONSISPECIAL II'Fh1',i LF• 1988 Curb & Gutter Project, Jaycee Drive. o 9 n ME, 3GIFY" I�� F�y r %n +l a. S`�� �r•.,�aEr' (rtt t Tit .�( 1 nJ� e, g3 � AS �����+t+'�4:��.Y`.�.Juukow•a6.:W.4�.w:i.ik..1.:+6,o:�a..,.r� d.:�.,5.sir .-.:.:...('.w_+... _.,u1....Lw..r.,..^.o'��..k�SU7b�reu..Clladi)«•.-W.1...Lvt~�in.ui'f:t�.`�.'�f.''i.«KiS..sG�.a�i-t . a 9357 SHOULD ANY OF THE ABOVE DE:SCRIOLD POLICIES BE CANCELLED BEFORE THE EX• PiFIATION DAI"L THLREOI'-, 1Hi' ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 1,10710E r0 THE CE.RIIFICATE HOLDER NAMED TO THE City of Jefferson City L.L:F T• BU r rAILURL- TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIG'A•rION OR LIABILITY OF A14Y KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. j 320 East McCarty nuTllc)rlrE cf RE.Pr1E:;;T:rlrnrntE o•, Jefferson City MO 65101 ' � '���1��1tA�L�:it�, '�;:r�TJGyS .. ,',FL:�yirflvjy,+3,i t•• ,L�L3 t� �'dl P, ,: , �I�+/�`•lwtl��t" � n•'r)i ''�` . I�I�r� i .s i=r�,kiL..•r.w ;':3�.$.r'ntta..,ct ,aa...4 d•.F r J '. o♦ ISSUE DATE(MMIDD/YY) 0 8-23-88LH THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE FIDE OF THIS FORM. RRODUCER i COMPANY BINDER NO, Hanover 18-404E EFf ECTIVE EXPIRATION Lockton Insurance Agency GATE TIME DATE TIME 12:01 }{ 12 01 AM P.O. Box 8418 8-29-88 10-29-88 NOON Prairie Village, Ks. 66208 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO �. CODE SUB-CODE DESCRIPTION OF OPERATION S/VEHICLESIPROPEPITY(INCLUDING LOCATION) City of J.C., MO INSURED 188 Curb & Gutter Project City of Jefferson City, MO Jaycee Dr. 320 E. McCarty Jefferson City, Mo. 65101 TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC=BROAD =SPECIAL GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY Contract Cost: $108,305 PRODUCTS-COMPIWS AGGREGATE $ ROE ®oxuFENCE * 100,000/300,000 per person PERSONAL a ADVERTISING INJURY $ X OWNER'S✓s CONTRACTORS * 800,000 per occurrence EACH OCCURRENCE s PROTECTIVE FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: _ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL $ y5t a; LIABILITY BI PEMACC 0 $ NON/OWNED PD $ " 4Jfiri HIRED MED.PAY $ GARAGE PIP $ LIM Is +....r,.... AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: STATED AMOUNT $ OTC DED: OTHER EXCESS LIABILITY EACH AGGREGATE SELF-INSURED OCCURRENCE RETENTION UMBREL(A FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: _ . . _ k STATUTORY ..,ts:;..r!a;�J.''°:•'. :✓4.:'•r'a'; r'.i�Flnr,-� :+:yN •:�+,5wtiv.:e.n'¢ WORKER'S COMPENSATION !?'; $ (EACH ACCIDENT) AND $ (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY fu< $ (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES Designated Contractor: Willard Stockman Construction Corp. Star Rt ##2, Schott Rd., Jefferson City, Mo. 65101 r LOA MOR TGAGEE ADDITIONAL INSURED LOSS PAYEE N# AUTHORIZED R RTATI COMMERCIAL LINES POLICY �E COMMON DECLARATIONS ® The Hanover Insurance Company ❑ Massachusetts Bay Insurance Company Citizens Insurance Company of America El California Compensation & Fire Company New Coverage is Provided to the company desionated by [)x above. Renewal of Number AT 12:01 AM STANDARD TIME AT YOUR L 316 0270 9-29-88 MAILING ADDRESS SHOWN BELOW. 22-4263 p a (No.str*or.Town or City.County.State,Zip Code) City of Jefferson City, Missouri Lockton Insurance 320 East McCarty Prairie Village, Kansas 66208 Jefferson City, Missouri 65101 sic 8999 DESCRIPTION OF BUSINESS Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership ® Organization(Other than Partnership or Joint Venture) Business Description: City IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S) FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM 0 Commercial Property Coverage Part_ __,_ ___ __ $ Not Applicable an AML Commercial General Liability Coverage Part y _ ___ __ $ 167. Commercial Crime Coverage Part —_ __, _ __ _ _— $ Not Applicable Commercial Inland Marine Coverage Part__ ___ _ —_ $ Not Applicable Boiler and Machinery Coverage Part _ __. .__ _ __ $ Not Applicable Commercial Auto Coverage Part_ _! ___ _ ___ __ $ Not Applicable PREMIUM ®Prepaid—The total annual premium of$167. is due at inception DIRECT BILL: ❑Annual installments—$ due at inception,and$ due at each anniversary' ❑ PREPAID ❑Hanocash—The annual premium of t is payable according to the terms of the Hanocash endorsement attached. ❑ 4-PAY •❑(If M,anniversary adjustment of rates is waivedl Audit Period;Non Auditable Unless Indicated By Chi Annual 0 Semi-Annual M Quarterly 0 Monthly Other Form(s)and Endorsement(dMWM Mil Coverage Part(s)and made a part of this policy at time of issue: The u0dersiQI pW certifies that. this is a m, rllf• dlld COITed- Copy of )untersigned: Policy nunli)errA'. . . . ...... • Effective. • :�,. J.:.4 e,i.0 0 0 9 By c/trf 9-•22.-88 � ��� � Authorized Representative LOW N THGY D 1944,411 WQW40MON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS D ENDORSE ENTS, IF ANY, ISSUED TO FORMA PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. ZIN 10!0022(1185) INSURED (IL 00 19) HMOWaR OWNERS AND CONTRACTORS PROTECTIVE LIABILITY HOUINME COVERAGE PART DECLARATIONS ❑ Supplemental Declarations is attached. ONew Renewal of Number . • , POLICY.PERIOD To AGENCY.CODE, AT 1201 AM STANDMO TIME AT YOUR I UMW. L' 316 02 70 9-29-88 9-29-89 A0DRM MOWN ONTKCOMON°E`MAT*U$ 22-4263 O-!vI SURA E Aggregate Limit $ Per 221-0163 Each Occurrence Limit $ Per 221-0163 DESIGNATION OF CONTRACTOR Name: Willar d Stockman Construction Corp. Mailing Address: Star Route #2. Schott Road Jefferson City, Missouri 65101 Location of Covered Operation:Jaycee Drive, Jefferson City, Missouri (88 Curb & Gutter Project) OWNIERS AND CONTRACTORS PROTECTIVE LIABILITY SCHEDULE Premium Rate per Advance Classification Code No. Base $1000 cost Premium (Cost Construction Operations - 16291 $108, 05. .518 167.MP Contractor (Not Railroads) i Excluding operations on Board Ships Total Advance Premium $ 167.MP F_ORIkAS AND ENDORSEMENTS `-'---� -- --' ""—'"__-�-"`----- — --•-•-_� Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: IL 0021 (11-85) , CG0009(11-85), CG0004(2-86) , CG0041(5-86), 221-0163, CG2929(9-87) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE,TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORMIS) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY, M 12141M I NCUR1'h Policy Limits Liability Limits are hereby amended as follows: Limit Per Person — $100,000./$800,000. Limit Per Occurence — $800,000. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy other than as above stated. (Completion of the following,Including countersignature,is required to make this endorsement effective only when it is issued subsequent to preparation of the Fbllcy.) Effective this endorsement forms a part of Policy No. Issued to By. "— suranAT-Aamnany 0111 s t.: ,_._..� Date of Issue Countersigned by AuthodzeO Representative of the Company r orm 221-0169 0163 COMMERCIAL GENERAL LIABILITY OWNERS AND. CONTRACTORS PROTECTIVE LIABILITI( COVERAGE FORi1/i,,`CQ1VER�AGE FOR- O.FEiRATIONS'..O F DESIGNATED CONTRACTOR-: Various provisions of this policy restrict coverage. b. Damages because of "bodily injury" 'include Read the entire policy carefully to determine rights, damages dlaim6d by any'person'or organization duties and what is and is not covered. for care, loss of seivices'or death resulting at any Throughout this policy the words "you" and "your" time from the "bodily injury." refer to the Named Insured, shown in the. Declara; c. "Property damage" that is loss of use of tangible tions. The words,"we",,"us" and "our" refer to the property that is not physically injured shall be Company providing this insurance. deemed,to:occur,at.the-time.of the "occurrence" that.caused•it: The word="insured".rneans any person or•,organiza- tion qualifying as such under SECTION.11-' WHO_IS 2. Exclusions: # AN INSURED. This insurance does not app 10. Other words and phrases that appear in:•quotation a. "Bodily injury" or'"property damage &Oected marks have special meaning. Refer to SECTION V - or intended from the standpoint-of the.insured; DEFINITIONS. This exclusion does,not apply,to "bodily.injury" SECTION 1 - COVERAGES + ,:, . resulting ..from the use.of, reasonable force 'to BODILY, INJURY,•AND,PROPERTY DAMAGE protect persons or property. LIABILITY- .: t t:r,� .. �: t ;:�:; b. "Bodily injury" or "property damage" for which 1. Insuring Agreement. _: ;;,{: the insured is obligated to pay damages by rea- son;of'tlie-assumption'of;liability in a contract a. We will pay'those' sums that the-*irisured!'be- or agreement.-This'ekc*Iu"sioi!does not a" 'I `to comes legally obiigated'to pay as damages 6e� liability for dama• es: ' cause of"bodily injury" or "property damage" to -*N:111, g.. . i• .! which this insurance, applies. No other;:obli (1)•Assumed in,a:contract,or agreement that is gation or liability to pay sums or perform acts or an "insured contract;'` or services is covered unless explicitly provided for .; .' (2) That the insured would•have in the absence under SUPPLEMENTARY PAYMENTS. This in-' ' of the contract or agreement. surance applies only to "bodily injury". or "property damage" .which occurs during the. c• .,:Bodily injury .or property damage" ..which . policy period.;The.;"bodily injury" or."property: occurs after the earliest of'the following times: i.. of „ damage".must be caused by an "occurrence"., . (1);When..all.-. work! owthe;project,(other,_than and arise out.of: _:service;;maintenance,.or, repairs) .;to ,be,per- r formed for you by the "contractor" at the.site (I), Operations performed for you by the."con- •• of the covered operations•,has. been' com- -tractor" at the location specified in the Decla pleted;;or '., rations; or, (2) Your acts or omissions in connection with (2) .When :that portion of, the ".contractor.'.s" the general,supervision of such operations. :,;;work", out of which;the injury or damage arises, has betin put to ifs intended'use by any We will have the right and-duty to defend any person or organization. This exclusion does "suit" seeking those damages. But: ° not'apply'to':any contractor or-subcontractor (1) The amount we will pay for damages is•lim- Working' directly or indirectly' for the "con- ited as described in SECTION III - LIMITS OF;" tractor" or as'part'of the same'project.°,. -. ,,.,INSURANCE;,, d. "Bodily injury" o•r "property damage" arising'out (2) We may investigate and'settle any claim-or of your, or your employees',-acts or!omissions " formed for you by the co tractor." "work" per suit at our'discretion; and (3) Our righ'f and duty to defend e'nc when we 'ci ::;• "-. }%:�,, ' have used up the applicable limit of insurance' e. Any obligation of the insured under a-workers in the payment of judgments or settlements. comppensation,••disability•benefits or-unemp'loy- rpent'compensation la*-'or'any similar law:'1 CG 00 09 11 85 Copyright, Insurance Services Office;!lnc;;.1984, ,i,, ;�• ,,,;;; Page 1 of ��t' ..y��' r• (:+ ,`, 4:. •��• , r li ,� ,t ,! •,r.N ,r,11�yy. ,; •.V.'.�.:1:�.:51�, :j }i.>+ ,fi,�' ��t •. 44, .1 w .r � r \, ./ ` • i .''i '^}'Jt1�'.ii.,a•• ,' t.. ,.•S +' J' 1 .�{'ti µ .t �'�^'d .a. ':p `�'�, :y� ;' ,y!,' M M. ;rte , ' ,`+S. I '. • .r ,.. .i.`r,•, ;. ; �.. �c?: ,':;' ; !,�,►. `'/ ;r h, , COMMERCIAL GENER'AL`LIABILITY;•,` .. rti rt.•4r� Pia. '_. �.i ti� t ':.,�' �y `,.,;.1F��' :f ''•�4`,y'r�S' '' , ';j .' F .• •,:� .; :; �!r,',',`..::; � :Js "Bodily Iniiry, t�b. :`,,, •• �♦' + �� tO.rrJ •F �'\V', ' •,(1)�•if the; pollutants,are brought on or to' - «�� "• ` ' the site.or location"in. connection with'. (1) n employee of;lherinsured:arising out.of. ,� ,,• , anif rn the' co.•urse{of his emploknient by the} ;: such;operatioris;or i �insiared•` ' '�`' ` i�(ii) if.ihe,operations &e'-'to tes , ; +��;.'"M- . �:_r,�A�.�. � -t-+•.; '���w . . , ».-. t for, Mori-�j, : - . The spouse,.child,!parent, brother.or sister itor,"clean'up, 'remove, contain, treat; ot=that'omployee. as ra..consequerice of (1) detoxify or neutralize the pollutants. 'a.fiove: (2),Anyloss,,cost, or expense arising out :of any overnmental direction or request that you This exclusion applies:..:'; 9 q Y #''�" tetf'for,-monit&,clean"up, remove; contain;-1 f ' ;Whether•the';insyrgd mayi`be ,liable as an. 'treat,detoxify`of neutralize the'pollutants. employer or in'any other;capacity;.and c�•1',: Pollutants means any solid; liquid, gaseous or: (2);T any,obligatiori'tciishare�damages with'or , thermal irritant or contaminant; including smoke; ;.repay_someone.else:who,must:pay damages r - "vapor,-soot,fumes, acids,,ali alis, chemicals-and • because;of the;injury�'•: ;i• �... k:,;•- =': r jam.: Y ; waste:'Waste includes materials to be recycled;'' texclusion 'does`�'Ncl4 apply tq 'liability as= reconditioned or reclaimed' :?sunie 1.by:the m�iie6*6inder•'an "insured con- 1' �trac ic:'-"Pro ''llama a ;to`"im aired= roe property':that"has 'not been physically"injured, y,`gs;'Pro erty`damage ,arising out;of: 1 ,rProPerty�You':pv�ntrent;;or.occupyj; 1 •A!defect;"deficiency; iriadegtiacy.or dep�er,. e� loaned b! ou� ` i` ' d p KY: ,y, ,: 7 �=' _- ous condition in "work" Performe .for:you by'. t: (3)"i ersofial?prop�erty.•in your'car`®,'•;custody°'or the• contractor; or control; oi't► aai?; 3 �);;ir`;-'- "'' :j ' (2),-A'delay or failure by you+or anyone"acting. " . . ;� ,! ;;•o'nc?your::•behalf.> oo perform a".`contract):"ors performed forJyou by,.the'.,d6ntrac- , . - _ tort° s hr�rr;� '�i"' s- '�} . a reement in accordance.wit its' „ '- =i� ,-, t•r: j t..?ir` ttn' , ti ,'; Y g.. h terms.' < +'"�o} ' 2 f This exclusion`does'not+apply-to't�i'e.loss:of use`' Bodily`'in ury3lf�or,d.��opertyl damagi�,:,due.to ; � y of other,property arising gout of:sudden,`and bi-; ar' �vhsttrer�or riot cjecared "or: an act or''•''' ,.,,.,., contdition incident'eta';vis"r:;`K:War,:includes:civil cide1jtal:physical injury to"work",.performed fnr` s �"''" rev"" ou b `the "contractor. War,'`insurrection;;•rebellion, or olution.:This Y Y 7,r i ,'•' _,< '•f" exclusion:a liijs,i3nl s pp y to liability assumed'un SUPPLEMENTARY PAYMENTS'!•'t+' der:, ,' : , . r•,, , r .. " 1,�;,, We,will pay, with:respect,to'any claim or.."suit~.Wae (1) An insuredcontraci,.",or r defend n (2)':-Expens s fibrif mt'ai&,`-" . _ e •::?'r v; :'' 1 Ally expenses we incur. is Bodily 'njury"or-'"property;damage",arising:out '` g; Up.ib' 256,for cost of bail d'orilds required`because ou fie'lise'of,'°moblte equipment in;:or while in , {r J of.'accidents'or'tr'affic law violations ansing out of 4 practice or prepa(ation for, a=prearrahged.-racing;. :�~'� Stu the"use'of any.Jehicle`to vJhich'ithis insurance'ap Fyn Speedror:dertiohtic3n.:conteet:or in•'any�stunting We'do n'o't-,have to furnish these�bo7iiis:- ;;., activity. 't r'?'t.% Y•;kj,;�., Y:ir :� {'' �.L3, vr✓,': �_ ;#• '.; ,i „�_• ;,;a ' 3. The.cost bf:bonds to'release.attachments tbutonly,. .,;: :.'j. (1) �odilyi iniury• oi'., property can arising _ _,,: - t. ` for;,liond:amounts;'within the applicable'liimt of out-6t the"actual; alleged or threatened ells-' insura686-. We do not have to.furnish.these•lionds;�s s char e;'dispersal;�reiease:or,escape'of pollutants ,;•;:..: .' ��n{'•;; ,s T+; :'4. All reasonable.ex`penses' incurred by the insured: "-(a) At or;from!'p err?lses+you own* rent'or oc > 1, - .:• ,' ' 'i' -��►'+ z ++� '•_ at our.request to•assist us in•the InVeStlgatlOR,Or,•,t•;Sr yl F := .'cupy; r, i~ �,, ; `r• > :' defense.of.,the•ciaim or,'jsuit,' •including actual loss'`::;;;,' ;, (b) AC or from;"Ay`?site,or location Used py or' of earnings up to.5100'6,day because of time off)' ` +jfor,-Yr�u�or dttlersifor handling,:'sforage, di from w,o`rk: po'sal,••prcRitessirg or t' atme' aof waste; y' ,-;, 5. All costs'taxed againstithe,insured in the,"Suit.;,::, �,1Nliich'. areR♦at'' r):',,time transported;;han-'` ' r •; dlgd„`shored{ltYeatod;,idisposec),of;"or, proc, 6\ Pre=judgmeni interest awarded against the insured�i �,;,,'• , ; '.ssed as.tivyaste"by�orr,for,you,oi'anyipersoh orn•that;parc of the;judgmenfLwe,pay.;tf,we:ma -or o(ganiaat -tjTor,•W om;you m• y,be. e- : an offer o,.pay;.the applicaole,litnit of ,irisurence,l; "S' { all 'res o�s'i le; '' ' ” `'r we will not pa anV Yy1re- ud ment interest bas"tl '�` '4��,'•:n ��.,, to►tglri°� rtt�+?i,- . L, .,, 'on'that;Reriod;� time's er. he offer. r *,,.,'•� fror �y sawtbr �ocetion'on.which a ;7,, .,• ..�:.: • L a.,r 1 {i^� '•+ ,ly�L or;"s`any ooatjar�bc rs'�or aubco tractors': �. v.3`: •i:'I,'4 t th .?,d, + •�d u tl.:JS•, J•��• +`"t,; �'i' �t:, .�:,.t�',.., .(•:1 J.'�:,1,•;%'•,1G� �', ilirectly:on yfoui%, half •,'.' �!'S.,. '. ; 1.tiir';,• r. —•l.a �'\11 J.: s: '11.,{. 1� y c t i r::'.. 1:, r,t a •',, T.:rr :�f•" Rf 4 1.�A,Wre,' e' ter� ,o bratiuns:' ''1. l ,'i,.f1:,� -ti =t �` ';:�.ri;::<11:.. �' ' ,,•,i ;,;, .t # .gyp ',�� .,t�, \;• F." "�^ ��' �:i'.:.;i•. ,' (F,4;... 'It. .,�� �,: W.i. ,,1�:dJ1'' '"i; •.• �(y..°y= t. iY1\^f Y''� Y,SYY�„ .:1 ,'+.�i'�``i••'. ,'� �y"a 1,��•tJ.(r 'tn:'= Y,�..�7,'1• .C,;'' ':�f {11• J t .w' •,�'1. �''(i, .r 'r�'. 'J ,'�,. rt � I• •, •t /•Wrr\••L., �w• -1�'Yl•I.,yI-{1.' ,•) .�'i,.''',.�'r�' ' . P.:.�'i� � .I'� l..Ti T!�i \,.� '. ght,:Insurance Sr�Sic, srS2ff icy,,lnot' 1.98 :�.�' i3 'c;ly',, ''CG 00.09 i1:1:85 t p.�::it, •r%' SA�C'�4 t"fr#!\itjer (�.� ,�..�;,i ,•)�,�•f• .+y-.rj,� It, „t I' ♦� ( 4''. �� I, '�If• �'" U-�tlk3?� •1,!. t IM r Y 1' :h jt 1. (,C�• �,r9 ! { } ,A �IN 'rl F' 1 h'.I , p I �"$�'�d'�rd)�r' '� �,,'' �•e•J•< �".r!Y ,. +� 1. �, "i 1'k.:�� ' ` ;� " ,. ,. :�;•''�t'�rb=?'��''.�+i.�Af�,, .�.. �� \ ,'C +1 � �' ) y:i.'. i , , , �7 ftt 'jr♦,9',1y#r.• , lfS ;t Jti�k• lv,., .r� 1. •{ ��'k r,)1.�+ 1 j � � 'r•�,M�1'�,�`, •,t 55�3.,�•t: t � ttda. •n •'I..v �r �, jy,,}( 6 `r.•ti;i 1 r\ � 4 Jrr. •n,1.:. 'a. .,P,S I,Ml �Y,.q�,i.r.+d. _. ar {'Yf6idntli IBM FAYW I ' , .iri . • ";�r7 + ." s:. : COMMERCIAL GENERAL LIABILITY 7. All,interest on_the full amount of any judgment e., 2. The Aggregate Limit is the most we will pay-forte , that accrues after,entry of the judgment and before the sum of damages because of all "bodily injury" .. we have paid, offered to pay, or deposited-,in court and:"properly dam+age.. the.part of the judgment that.is within the appli-.11 • , cable limit of insurance.!.,. •� rr� -•: .. ..r,,, •, �, 3. Subject:to,2,,above Eacli.Occurrence Limit is to " the most we will pay,fonthe sum,of damages be-.-,j 8. Expenses incurred by the insured'fof first aid'to'" cause_ of;"bodily:injury"•and,"prope.rty. damage', it others at the time of an accident; for'"bodily in--'-, arising.out of any•one..",occurrence..."•,t; xtc• . .� ;,I:;► jury" to which this insurance applies. Ck If you designate more than 'one project in"the Dec- These•payments;.will not reduce the limits of.insur- larations, the Aggregate L'imit•shall'apply sepdrately ance. to each project;.,... * :^ SECTION IV- WHO IS AN-INSURED The limits of this Coverage Part apply separately to' 1. If you are designated in'the Declarations as each.;consecutive,annual period and;to.any'remain-, '.r• ' ing period of less.:than,.12 months, starting with the a. An individual, you.,and your spouse are in- beginning of the policy period.shown:in the Decla' sureds. rations, unless.the policy period is extended after is- b. A partnership or joint venture, you are an in-, suance Vor•�6 'additionaI tpeiiod ;of' less"ban,;.12 sured: Your'members, your parinbri'•aiid;';their' months:-In that case, the additional'period will'be spouses are also insureds, but only'with respect ' deemed-part of thelasv preceding period for pur- to their*ties,as partners or memberstof•a joint poses of determining the Limits-of Insurance. venture. rr .•!e. �I, on SECTI61 %1 1V' 'CONDITIONS c..An organization-other:than•a.partnership:or joint }:• . ,•� r:� 't; venture, you'•are an:insured*.;Y,our:executive:of- 1. Ba,nliruptcy. • ::r+:) •W, •, ;.y; ficers:and directors.are,.insureds, but only with; Bankruptcy.or insolvency•of.the insured will not rq- respect-to their-duties asJXour officers or•,direc-.,, lieve us of uur obligation unde'r'this Coverage Par4. i tor$ ,�CoUr.ii8ckhold�PCS.,3rer also.,insureds,'.'but ` 2- C nCellatj}O�rl'•t� `: l)<<' '':•�iJi t' ti ,'• r� ,7-' .•h only.,with•iespect to,their;liaility as'stockhold = ers. • •� : : : ;• , : a. The first.Named.insured,shown in the,Declara- `' ` ' lions may cancel-this policy by mailing or deliv- 2. Each of.the•following iskalso-'ari iinsured: ering!."to'"us a0ance written' notice of a Any•person (other-than'your:employee)'or any cancellation. organization'while:acting "a - your real' estate ; ,: b:.We may cancel tis polic h y by mailing,or,deliv g or = mana . ering to the first Naned"Insured and the "don- b. Any person or organization having proper tem- tractor" written notice of cancellation at least; porary custody of your property if you die,- but - (1) 1,0 days.before;the effective date gf'cancel- lation if:we cancel for'non=payment of pre- ::. r . (1) Vslith' respect to liability arising out'of the miu'm; or .,, " . '•� maintenance or use;of that ;property; and ;'; '' �• "t • (2) 30 days before the.effective date of, cancel= ..(2) Until your-legal representative.has;been ap- lation if we cancel for any other reason., . pointed. t + c.' Your,legaf representative if you die,. but only c. ,We willimail or-deliver:our-,.notices-to the first' with.respect.to duties 'as such,•That represen Named -Insured 's; and:.,the. "contractor's" ,last :tativeIwill have all your,rights,and duties under mailing address known to us.,. , this Coverage.Part. d. .Notice.of, cancellation :will state, the effective. " date'.of cancellation. The'• olic No person or organization is an insured:with.respect „ P Y period will end ' on that date',.'. ' to the conduct of,any current.or past partnership.or .: t ' joint Venture-that.is.not'shown:as.a.Named; Insured e. If this.policy is:cancelled,(we;,will,send ,the. in the Declarations. contractor. any premium refund due;. If .yve cancel, the refund will be`pro rata if the first" xs, SECTION X111 LIMITS OF INSURANCE Named:lnsured orrthe "contractarf„cancels;••the 1.Tli'e Limits of Insurance shown in the Declarations refund may,be.less t •an ro,,rata., The,cancelia- . l: and the rules below fix:'the�most we will pays`re tion will be effective even if we have not made gardless'bf the'number of: '�' r ' or offeied'a'refuiid:�; 'ru . ., ,�;;:;;•; a. insureds; :;.; ;, ;� f. If notice is mailed, proof•ofrrnalIlh&will'be"sub-•I b.Claims made or"suits" brought; or ficient proof of notice.. "•' c:,' Pe'rsans"or"organizations making claims or 4� bringing "suits." ° .� GG100 09:A1i85 Copyright, Insurance Services: fice, Inc.,-A9.84-Jdqii � `) Pa go 3 of;6 4 COMMERCIAL GENERAL•LIABILITY AM ' .Chan an 3. . • p ' � ! • ,. Any:•Inspection s;+surveys;+ reports'::or recommeri-'• . Thin poilcy atintalns all tha ngrnnntonts bptweeri. : dations.:relate•only:'to insurability and the premi you, ton "cartUnalnit and us concerning the in=' umst:.to11 be'+:charged:• We. do".not make, safety aurrinna nffardad, The flint Named Insured shown inspections: We do•not,undertake,to_-perform:the�•• In the Doelarbtione and the "contractor"• are '' duty of any person 'or organization to provide fors..+ ' au- thorized to make changes In-the terms of this pol- the, health or safety.gt,.workers..or..the:public. And lay with our noneant. This policy's terms can be,1 we do,not warrant that conditiogs:.r,. nmonond or waived. only by, ondoraement issued,,. a. Are safe or healthful;.or, � t.• ' by usrand made a part of this policy,, b. Comply with laws, regulations,! codes or stand= :,) 4i, Duties In The Event Of Occurrence, Claim i ' ' ards. or Ault,,. ,! , . This conditionlapplies not`only to ds;'but also.to a, You'must'soo to it that we are notified promptly any rating,aicilyisory�,rate service;,or.similar organ- p y t ization;which'makes insurance inspections, sur- of an "occurrence" which may result in 'a claim. r„ j p ; .. Notiert should include': , ,1r veys; reports.or recoMmendations. ` ('0) ,How, '.when and wheie the.,"occu'r'rence" 7• Legal Action Against Us.,_, , took place,,and ! , No. person oRcorganization has.a,right•under,,.this (Z) The names and.addresses,.of any!injured-)..'-. Cover ge Past: ';,r+' .•': ,j.�ni persons and witnesses,,! ..r,! q;.i: >,:it '1.) •r • a. Td join`usYas•a party or otherwise.bririg'us into ' b. If a claim is made or;'sUit"•i>;lt.tirought'against'l:,U a "suit"asking for damages from an insured;for: any insured, you moat see to it that we receive, b. To'sue tis'on this;Coverage Part unless all•of:its.,: prompt written notice of the claim or "'suit", j ' terms,ha4 been-fu I ly comp lied•with:o•: a• You and any otltor Involved insured ust:'; A persori'or orgatilzafion may sue•us to recover on " �' "' '`''"'i an - agreec]'�settlement` or' o�'!!'a� final `judgrifent (1) Immediately send us copies of any.derrands, �� agairisX;ari"insured,`.' litairi'eii'd'afte�,an actual t'ial; Ask notices, summonses or legal papers'recelved but we will'not 166'1 able'rfor da`mages`that'are'�not in connection with the claim or.%6it"•••r :,,,,, , payable under the terms of this Coverage. or (2 AI.Itharize.us to obtain..records and ot6pr.in= that are in excess,oflthe applicable limit of.insbr,. 1 oemation; , ance., ;An:agreed,-settlement.means a settlement (3).,Cooperate with us in the investigation, ; and;release,off liability signed by us, the;jnsitred set'tle'ment or defense of the claim or "suit;" and the claimant or the'claimant's legal represe9_ and tative. , (4) %Assist us, upon,our request, in the enforce- 8. Other;Insure ce.,,:,;;..., li'o t of any right against.any person or or- The insurance afforded by this Coverage Part is ganizatiori which may be liable tit the insured primary. insurance•,and,;we will not.seek:seek. - J because of Injury or damage to which this in- ution fron a .y;,other-Insurance.availabiel'to;,vou ! 1, m6y also apply, ' ' unless the,ot9'edint urance is provided by a�'�con- tractor"`otheethaYt`•th6 designated'"'contractor'!for d, No Insurad0 viii'!, except rIt their'own'cost, vol- the same operation and job location designated in or Incur make x payment, assume any obligation, the:Declarations. .Then we..will -share ;with;.that or incur any expense;without our consent. • other.insurance.by,the:method described-.below: t' S. Examination of Your Soaks And Records. " 1' C, ' If allof'the, other' insurance permits contritii)tion ' Wo Wray examine find audit your books artd records by equal shares, we will follow this method•also. as well as the "contractor's" books and"records`as Under :this:,approach,.?each.:insurer:+contributes they relate to this policy at any time'd6r.ing the equal aFrlounts.until:it•.has paid its,:applicable.limit, ..:: policy period'and up to threq•yeais afterward.''M of'insurance:.or hone•of,•the loss remains;,which-, it. Inepoationa art'! S�rvoye: ever comes first. �rlc s '; !,s! x:3 v; r +., •....i ,.,.� .. We have,the•rlght but are notlobligated to:' :, If any of the'other;in'su'rance.doesrriot pe'rmit:cdn-. ,. tribution.bar,,equ,al.,sharesi.,we .wiII..contribute.-by r a. Mak©inspections and siir�eys at,any'time;' limits. Uhde. thiC method• each insure,r.'s; share' is 'lilt 'AJlr tI,,,1, rt ,+ Sur, ,1 , :.r..j /!- 'V Y • . ,• ,.:; b, Give you reports on the conditions wi ,find;.and based on the.the ratio of its'applicable';lim�t;of�;irnl��;� surance toithe total applicable limits of Insurance a, Recommendichsnges...,,llc it of all insurers. t � .r.,�)1. f. 1 J �:i ,i,•, , :. ,)1: ll' .!'�j,111L)!r.' tail.r� •1r '':f.+t,li! (rtllii•� .L� ��. + •. '•• .:rtl:'tJ t: i1;(ri i ,','ti'Sifiiill(', li. :IIt7?.'I:'" J r age' t;ri4?�e' r!.t'?f3'� Copyright, lrisuranco'•Servioes Office, Inc:,0,984 ,Jriul7�r.+t l:. CG;00,'.09A,1i86 ❑ � ' 'i�!rcy,� is !;. r i'. ',,< •�'Q4'Y• I. •'• 7. "�:,t./.• •' y:(, r. ,i is '•-I 'a .i 1♦ . . 1r '11` i .�i •� „ :�1' : ,\.. ,. 1 ti '.1y;1 I,.�J'.-��' Ql.-t'� •'t•' .�. ' •�%A •r+�' f• '• '• ..+°.+,�,' ;i�_. It'•`.�t li�' :� ' '�.;t. :± Y :i.S.;1:?u,�.7"L"i:`a1��' r �3or.+• .� ,� r�'(,•o,ayt"t :rJ,''�;,`;i •• :7ii: 'r'��,l;i+�1!t r�;.; � ' " ':CC±MMERCIAL�.GENERAL LIABIIJ. • t, ::r.' 1 t. i `' ,''•. ., r.�l ,t t' - .', :`�'1�' 1 •f�l• I�'i•t• b.' '� ..6+i�'`^''•"�G:f rt• .+,._ :\• a:-.'.:ti',x''l. i�•y,Y. ,: �. �. •1 .t ,•,.,•, +, ! ~1 J ':: � +•i'. :-i5 'rl;:,.•gf. ':.:e'. f '.` •f. :(r •.y ,r✓ ►'.'t• -• rill•':• :F'.-?)!r'�;3•.,l� �^. ;.:'.' .,a' /), 9. Premiums.'.' a.;It inc drporatls;.work;'performed-for you'that' ,f, .S, .,Fj'r.• ,. ,..,.., .� -r ,., t The`,"con P ' ,, knovim'or tti'ought tole'defective,rdeficierif,..11�t: �µ t 6cfor.,'•, '' °,+'1� ,i.f i{- ,•"7,G: r, ` .;aldequ'ate or'd8ng' -1''r'' �IiiY�: i'? ; _P{?i•;t!` e�oJs; or•.:.• Y a. Is responsible for the' pay►aent`of all preiniurrts;.": ' , {'�_ `` `i4," b. fa{led wfulfill the terrms.of a contract;, + , :I and s~r ,1.1 :��'(,1;. r , I c,r t• r'co :t ii;� t ;c::- :G or agreem 'nt; .y.f.::u..,tc�;.. j,:;eft.; �:,,r,... b.,Wiil'be.the' payee foci;any,return`•premium's wef, `. "-'! "''1'x•:;'tsietc° t!ti'; ,4:,•/: ' L ' if such.proRerty,can'be•restored;to, a by. •,,;,;;;'' :• pay. ., : t : •:.- :. 10. Premiurro'Auditr�+;' r a.,The`repair, replacerrierit;'adjustmenf or;rembval;;, of the,'worl4prepared,for a. We will compute all premiums for-this Coverage_'t'::. �•':, !Pgrt-in.ebcordance witit;our rules,and rates. b; Your' fulfilling the r"terms: of, the:�'con ract�,or,•; b. Premium shown in ti�is'Cove :f a reement�:;. :r " ' rage 'PAW., : �,. , Vance premium is a'deposit premium.6�hly.'At the 5. :"Insured contract"-.means close oVeach`audit period?we N,•ill'compute tho" a A lease'of•premises ' ' ;�• ' ; t+ t�"f earned premiurii.+for that period.'Atfiiit=premiums: " b..A`,sidrtrack•aieement;� ard'ii(ie andipaya6le'±on.notice:tol.the contrac= =;•' :3z`I �s;,:>`.n � X12.: : i:rr�• tor,,"!:"If•:thie suriOa th'e"advar 6ei'and,•auditr pre-: c.:,Anr�easement:.or¢ ilk ense,;a��ee en ;"in �con�;' ;• miums'paid:foejhe pblicy term is! nection ,witFi behiclekor,.pedestrfanf�prlvate rail , the;earnp�d :premium, return-the erCCess road crossings attigrad1eixa ji?�li� " �, •Lr '!"4. 1'• f" n)fl,'�11.fi:`'tJ'i~/7':{.�i?• �i ��3�'�'t;��' L'll•n'tt►yY' to the. contractor s. , i'".'',.:.;,:.. �r La,l; r• , t,f ! ..• t„ -. �. "d.rAnyt.gther,ei�sernent:agreenje�t;tie ept,6R,cQ*r ��'f., c. The contractor•:r,must'keep•records of the in ':; nectionf;with::,constructiorl 4o ;•clep�o�ition•;o er " `�' "'ji. for mation ewe i eed:for "premium.;computation,' ;-;;: "atioris:on.ar,wittiinf50'feet of•a.raifroad;•:-'. ' .; and serid:Lu cbpies:at'5uch times as vfie may re ` ' ' "' :_ J; , }•;;t:�;'. ' e: An;indemnlflcation of;a municipality as.requiidc.. ;: quest. t± r;, :' s. by ordinances except:in'connectior);with' work 11. �eparatrori:AfgInsureds: :{ •z ",�,.; 'ti: +":+ ?� ';, ,���'' fora municipality;^or.�;,, .z.; :�;:. ! ,• r� Exce t•witty'rasp @ct+to-thb;: L'imits`fif x: �``''` {" q:.,I_t:�`�!l fit.`•l. 4 Insuranc !a•`•d P . , .,p �ti.. ., , e, n •• •. f::Arn elevator,mamtenance.'agreem ;�.;''c,�,, any rights. or: ;duties'• sPecifically";assigned in..this-,: ", "Mobile equipment" means anyFof;:the•following..: Coverage Part to the first Named insured;this incur-. `•'types :of•: larsd:;;vehiclAS `including any. attached: ance applies: r:` ��!►' I ?. ::" machinery.,or,equipment: :': r,;•' j;y +:'c a. As if each.Named Insured were't_he only.Named.!, `' +"'" Insured and . 1 a.;l3ulldoiers,'farm. machinery;Yorklifts;and.other•,'';'''t ''.i vehicles;designed'fora use; principally off• public b. Separately to each insured against-whom claim• ` is made or "suit is brought. :roads;,':`',:: < .'.�; : ;' : ;''. .! ;•':;•�•,,� I' b.:Vehicles maintained•for'use solely,op or,next to'`,l t 12. Transfer Of: Rights ,Of'Recovery Against ` - ' Others To Us. premises-you oven,or rent;: ''C!` c Vehicles that travel on crawler:4reads; If the insured has rights to•recover all or pp _, Y i 1�' '•:, ':' :' rt d payment, we:have made under.•this .Coverage,,Part';:•:. •. ; ,.'Vehicles;.vufiether;;self.;propelled or not,:rliain0,,, 'those rights\are,-transferred to�us. The insured. must ;: ':`, :Pained .primatj.(;''? o'provide;mobility; to perms-!'•; nentl imounted` '. oil do nothing after loss:to impair them. At our, request; ' Y , '.��+� the insured will bring suit :,'.or transfer'those rights';.' },(1).Power, cranes,':shovels, loaders;' diggQrs, to us 56d help us enforce them. ' . ,'drills] or'�``" '��:• SECTION V. DEFINITIONS ,>,.r,z_:,''` lilt, , . (2) Road cf�nstructiori•orresurfacing equipment•.••, •� `1. "Auto" means- a':land':motor'vehicle, trailer or.,,;,;. -::such'as:gr�ders,acrapers ok rollers; ;' .,�� ''+s'' J'S1'►'p1 semitrailer'designed for travel on public roads, in ®;:Vehicles;not described in a., b., c, or d:above ''' 'cluding any attached •machinery or equipment: ;:•;..'t;� ,� �: t ��•�' , ,.` that'are.not:-self=propelled••:and arp maintained."'%ry�f' But "auto" does not include"mobile equipment."'' is rimaril `to'• rovde mobilit' to ermanentl• et= "'�I "Bodily injury"' means:•bodily'injury,,sickness or ' 'tached.equipm'ent of:the following types:° ,,,' ,:•;ti;' 1,'i� '' • disease sustained by a:person, including g death:re-'. '' "'ref''` ' `'' "� 'r•r '� sulting from;any of:these at any tune.+ {, ��: (1)' Air compressors, pumps and generators;;in: c udin s ra in welding; buildi� c{a rij : 'a :,r.•,.,. nt 4 }!y, `' �, 94 p Y „g, 9, ng� r 3, Contractor .means'.ihe;contractorJ,designated ,m �• :,' i ;geophysical,'r...exploration;;,Jightirtgt:and we1', 1 Declarations. ,.t;t,'+,•. r'.the .,'':`�':��r:::,�;' . :. .r� "��'servicing,equi. ment,.or�':°.' "Impaired ro ert "•5''means5,, angible' ! r , <', " 4l,:n:+:,.. ..: . p P Y: , p opertY,', '�(2)tiCherry;? ickers'�ancl,similar''clevlces't ed r. other,than;work performed;;for"you''thai cann :r,'' ' "'' `' t p� tit" ' ','' of be','t,r : • :Kaise;or,•loSrver'workers°" ?, ,: used.or is+.less useful because. 'ii` ,, 1 a.: +:ll`>t}i •� i�, ' SI,';• M•TM� ,y ,;"( ,. j:'3: • q►'a• '+.o''l:�,t,+' ir''" .,'�i, 71i•' l�s,.' ;.;, •� }:. fS 1p•;r•'f'�41'I��f.Siif+ •i! f" 't:r:' ,l': ..y..oa' ' .i�'1. '.t..' •.n' s. a t•. .. .,f,.• .+44 f:p it �.r r ',' 'J,• . ':��: ,. :;,�`!t` � ;,1'a:':,'. �a: :9r ri' '..,1'•', ':1.2+'. y .t�I, .1' i ,,L�i..i:';'Ii(' �,if, �,(, .�:':7��rr.,�r•, . ,r .?,h� •�., ',r::'.`�,):•::, ZI?;,.k.;..,>.':.�.k¢;: �';�r. ,1 ,r { -,'tt•J•:'r ",,• .�,. t;R• 1,iI:•k Y ,��i 1 '1:t'•'l,l ':�. ,, yV. ' ..1:;.-.YY.,t, '. �1• i,+ ,,,,➢• n,' :, .'�tts'7S('' MC.•�1 r�'.• i: i 1 ! •i.. .tl,.. Y��'�;.' P •iS71 f.l ',;!•.' Vii.:! ,f.:;1..�•'�'�i+„ r:"i' :\. y, r 1�'�•,y$�r, :�`` •S X! ri 1 .i:i"t• ••� 0-1 'l.L�r �j !' �!',;,•,iA , .r ."1°.i s;•ia``,'{r�' ti ! f. .I,t,l H..M CG;00'09.111:85 ;w L,,.,;Co r; ht I : .. :,.. �• M, 5 0 6 -, ':d°'tV ,pY, g.,,,�. nsurance+.S @.1'{fl BS.Ogice;'Inc. •1.9$4' ' rf •iJ'' .i P g,er. .!•. Ir .l!;�?�1! 1, „in,:r. -L. ti'�Kr,. •1, t�•,.,, �•,.. .•..at..-•,;• !iii l�• J..,�J+Y��yy �Y• .� •�,��. �' ,. ., rl�.,.".•.. 1, w`i f.�•1,' r f �.,� i�+'i:, ��, ;1(. `'i'b J..�a;��.,. f: •�;,��q,. t,r �ti c�" t'� i'. :�r r•..:c• ,," }• r, ��,� �' r� , t s.R� ,;. •• 't .'t.,f-r' h i.. ,j: "r�f 7.i;,.tS,.•, '151 .,r, .::1'�;'�l ?i'.':.,,' y� ',{., i, ti,•,. v: � ,M,' 1,���N'1 .,,'.•',, `,) ,. ��j11°r t#�.' �'.l.y(�',,.,•, r;.�S,{.. 'a'•' t'...•,; IN,,t.:'..;., r:.y:ii .Vn.: ,1�'; ��11�' •b t .N.,1' •r 'i, 4. 1�"a �i�i::;a.r +; �;, i�ie7• ;t::COMMERCIAL, L. .. GENERA :.i A LIABIL1fppY,�,r,+,v �`- j1i'� t ..'�..1�.'1 T" - �1j',. '( :J'.'�:\<':,' •i.. �A „:r[. i����Yh:'=i... A, f1�s.•: .T,,- T. - :t• `- �f. 'S :�'1,`?.ut't:,C't �•<• ';i>:Agri'"i'`.J-'i.a V. •t' .,il-• :±.. ._.H:�• 1 �r,, �y Teti:.. ;rJ1F. Vehicles not described in;a..,. ' ,a 'ove 7.7,"Occurrence" means an accident including;coii;:;.�r*pa-•�.z ,rioamtained primarily for purposes other_.than the tinuous'or.repeated exposure to substantially,:therl t transportation of persons or caigo. sa e,gener I-harmful conditions i-` . '. :_,;, ,.,. �•.;',;;•r,�•, �••3`,' ,.L3r '..i: .,. ,t. -:j 1..: i •-., - }• -.! :-Iir.. .. � ✓ .:J•�y-t�j�:i..-l'a.t,,.,•' e e vitif .the fol damage" • ,. . However; self=prop-propelled vetiicl s li: 8:."Property means:; = :'t2 :�• '.•' lowing types of permanently attacliecl"equip a` Phisical injury to property, incluiiirf gxi;•-:�°,� t' 9. 4 ment are•not "mobile equipment"i but'will be ' -all resulting loss of use of 'that property;'or; :I,,`considered.!!autos": r:•.: ..,: r (9) Equipment designed primarily fior:!•= : ::•J' b• Loss of use of tangible!property`,that,is':riq`t ►. 't t:physically.injured t,c t (a):Snow removal;.: •„ " ,.., 9. Suit .means: a'civil'proceeding,'brought`in:the:,: b .Road maintenance, but not construction :".. United.States.,of America`(including„its territories..; or resurfacin �. ,,:t:�.' , : . ;i{::. :: �.,•: g and-,possesgions),. Puerto R' 'u,-and ,Caiia.., in (c) Street cleaning; ter, , •.:;�.',•. ;::,;.x:. which:.darpages,::because.iZf '"bodily injury�.;,or; - (2)'Cherry pickers and similar-.de vices=mounted' ~prQPerty:dafnage":.to;inrhich,fhis insuranceappiies are; includes a rarbitra ions ro, i on automobile.or truck chassis. and used'.to ;'• P: �� kp ' raise or.'lowertiniorkers•'and'" ';_ at'_:i- ,�:': ceedq gIatlegirig suc•Itdamages-to whicf `;• �s� ; '� r' alda`r + gat A, �C+ Is fbmtt or bmit With ou onsent., ^�": , i t t: tor, - 4P. , .�i;':;'i'� k fri (3)•Aitcompre'ssors, pumps and generators,:in, 'r% „*f.•r±'r aiw"• cfuding spraying; welding;building cleaning,; ;w,�a''` oik':rncludes:'matertals�!joart's.�`or equiprrcent:: c� r t "c;< r ;Y -,. =,::N furnished..in..'connection.With•the operations:;,t'' ,geophy "1cat. ex' location,. lighting and well '=� ;�•� -Y Y.itSr':1 ir, r• ai'•:r .i.. <r• ti �. ...�.• i .i2'�t... '•t�:^� :rl�G� ::�,...-{~:: • ':r..7tr . .)" f�:;.i s; "i: ,� ;l;:i'r��o .;5..1: ;.'' 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'::ji ,. .IS.� .=;£Z;! i;.t1r�Y ,i��Cf.i. :'j. •''I,ti':�. �.. 1:�.� %� ,,; /•.;:. ;q1�,y�-;t. ,.1:5.� ���' '!' :'.L,. ,i:{. i ''i• v •',f. t, '�•,i,l+• - 1 •'t'• •tl�'a'� '('� 'if F`'�.`�.;:'•': •e.•,:,,, '.1 .r .t :a.. :�•.•, '.r; '' '7" -i l :14 7 �.i 'i'. .:J' ..!` .V" :�, •ipY,�,� .,..r S�'{ d, PtZ.f l":7.:. };•..;-' "(,.`n irr,• �,ai .f, ,'i- ;. :t;j ci 'V• ai' 'Tt �' ' � •`•�r•v'••. '4j7�i.) .',' :(r•r:,.r.7`•''I'' -.+:�::�: '(�: ,t'' ;t•t��{. „0. .t J •�A'..�''. y�• 1. '. r,�7{i ,�4,Qt::' t'F.t'•i '' :� J! .,f.3� '�, � - � 7:%Ili j:.i :'t}''Jl= .Y�N,i�},�t3i'1_•� fK7 '�W7! ij 1 .q ' • .'''It,f: •:7 A:1t}� •7•�tti �,li! .'�ltf:,�ii la ,yi: . •J.r','i:[t:tl. ,ry,J���. i. �'�'^ .} . i• .,t• ';. �,.,• �l7 ',itil.:i U>•'-v`r.. 'i� �� i• •i,'f (v:. si� :'t7t'4r u l/•�:t... ll)/.R. _<i`i�y����• / t �• .. ,i ti.• ,�!i.ti'?t f�r:�'�t l:.'4'=1 �r lf!il�tC• '=. 1.• :}.• i'''Stt t( v ;fit..' A;:( r t x, a jei�:•' :a y., o t s. �'• :r �i i, �•(•• •xfr�,. .e.tit •lain 'All, t �•i, _ 7 .':, i• :`,�f '•l i,> , ;��`,�Y':��'.�i'i�;:^t�`� :� •j i�;�•,�•'C•:4i��•�.�•��t ��i aJ ��L l.,�C:,4�7i +�S•.f ?'�� y'� �i�„�'�r:'r. • � �'�,.. '� '�r� 'tom r•a ,:i. �1:i!'a�t ' •'w'1'11�.4th.�•55.: :�.(;`•�1++/�� •-r.,..+i..r ' .. ':I:�•i: i't�, - � �41ji,�. 1��'fti+ttfr,I•�1' nlik•}�. i ''t'i •%};(•.' 1 oiY A, � F'��;..fis^�}�,tr. dJ' yf"r rot) Ly t'tT'•' .. 1, iii•,' Y r' li ' i. :i r�, r. i. .Paget 6.tof'.6 AIM COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT - WHEN WE DO NOT RENEW This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) LIQUOR LIABILITY COVERAGE FORM (OCCURRENCE VERSION) OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM (OCCURRENCE VERSION) != RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The following Condition is added to CONDITIONS (Section IV): When We Do Not Renew. If we decide not.to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed,proof of mailing will be sufficient proof of notice. AIN i .FM CG 00 04 02 86 , Copyright, Insurance Services Office, Inc., 1985. O 5. ' f ' COMMERCIAL GENERAL LIABILITY r i 1 ® THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to exclusion f. of COVERAGE A (Section 1): Subparagraphs (a) and (d)(i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat,smoke or fumes from a hostile fire. As used in this exclusion,a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. i 1� CG 00 41 ,06 86 Copyright Insurance Services Office, Inc„ 1986 p COMMERCIAL GENERAL LIABILITY THIS 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 (c) We become insolvent; or, replaced by the following: (d) We involuntarily lose reinsurance for 2.b. We may cancel this policy by mailing or this policy. delivering to the first Named Insured and (3) 60 days before the effective date of the "contractor" written notice of cancel- cancellation if we cancel for any other lation, stating the actual reason for can- cellation, at least: reason. (1) 10 days before the effective date of B. The following is added to CONDITIONS: cancellation if we cancel for nonpay- NONRENEWAL ment of premium; 1. We may elect not to renew this policy by (2) 30 days before the effective date of mailing or delivering to the first Named cancellation if cancellation is for one Insured and the "contractor," at the last or more of the following reasons: mailing addresses known to us, written (a) Fraud or material misrepresentation notice of nonrenewal, stating the actual t affecting this policy or a claim filed reason for nonrenewal, at least sixty days under this policy or a violation of prior to the effective date of the any of the terms or conditions of nonrenewal. this policy; 2. If notice is mailed, proof of mailing wFll be (b) Changes in conditions after the ef- sufficient proof of notice. fective date of this policy which have materially increased the risk assumed; CG 29 29 09 87 Copyright, Insurance Services Office, Inc., 1987 O IN MHMOVM ' 119SLTMNCE i ICOMMERCIAL GENERAL LIABILITY INSURANCE POLICY • ® THIS POLICY INCLUDES: A. DECLARATIONS B. COMMON POLICY CONDITIONS C. A COVERAGE PART . . CONSISTING OF: ■ COVERAGE FORMS. ■APPLICABLE FORMS AND ENDORSEMENTS ,1 a THE COMPANY DESIGNATEn ON THE DECLARATIONS PAGE IS A CAPITAL STOCK CORPORATION t COMMON POLICY CONDITIONS All Coverage Parts included in this policy are ;subject to the following conditions. A. CANCELLATION during the policy period and up to three years 1. The first Named Insured shown in the Declara- afterward. tions may cancel this policy by mailing or D. INSPECTIONS AND SURVEYS delivering to us advance written notice of cancellation. We have the right but are not obligated to: 2. We may cancel this policy by mailing or deliv- 1. Make inspections and surveys at any time; ering to the first Named Insured ritten notice 2. Give you reports on the conditions we find;and of cancellation at least: 3. Recommend changes. a. 10 days before the effective date of can- Any inspections,surveys, reports or recommenda- cellation if we cancel for no payment of tions relate only to insurability and the premiums premium; or be charged.We do not make safety inspections. b. 30 days before the effective ate of can- do not undertake to perform the duty of any cellation if we cancel for any o er reason. pe on or orga ization to provide for the health or 3. We will mail or deliver our notice to the first safe of wor ers or the public. And we do not Named Insured's last mailing addr ss known w t that onditions: to us. 1 Are of or healthful; or 4. Notice of cancellation will state th effective 2. Com with laws, regulations, codes or stan- date o ncellation.The policy perio will end and . on that d This condition applies not only to us, but also to AIL 5. If this policy i ancelled, we will se the first any rating, advisory, rate service or similar organi- Narned Insured a premium refund e. If we Yhe which makes insurance inspections,surveys, cancel, the refund ill be pro rata. If he first s or recommendations. Named Insured canc s, the refund ay be E MIUMS less than pro rata. The cancellation , ill b effective even if we haven t made or o,ered a rst Named I nsured shown in the Declarations: refund. 1. Is responsible for the payment of all premiums; 6. If notice is mailed, proof of ailing ill be and sufficient proof of notice. 2. Will be the payee for any return premiums we B. CHANGES pay, This policy contains all the agreements etw en F. TRANSFER OF YOUR RIGHTS AND DU- you and us concerning the insurance afford , , e TIES UNDER THIS POLICY first Named Insured shown in the Declarati s s Your rights and duties under this policy may not be authorized to make changes in the terms of i transferred without our written consent except in policy with ourconsent.This policy's terms can the case of death of an individual named insured. amended or waived only by endorsement issued If you die,your rights and duties will be transferred by us and made a part of this policy. to your legal representative but only while acting C. EXAMINATION OF YOUR BOOKS AND within the scope of duties as your legal represen- RECORDS tative. Until your legal representative is appointed, anyone having proper temporary custody of your We may examine and audit your books and property will have your rights and duties but only records as they relate to this policy at any time with respect to that property. IL 00 17 11 85 .t.,irtX C�'9�•h''Fe95��j1�i�'ii;. re�•1-1�f . .i� .S• •. ,.. r'.. d : � NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) 1. The insurance does not apply: 2. As used in this endorsement: A. Under any Liability Coverage,to"bodily injury" "Hazardous properties' include radioactive, toxic or "property damage:" or explosive properties; (1) With respect to which an"insured" under "(nuclear material" means "source material," the policy is also an insured under a "Special nuclear material" or "by-product nuclear energy liability policy issued by material;" Nuclear Energy Liability Insurance Associ- "Source material,""special nuclear material," and ation, Mutual Atomic Energy Liability "by-product material" have the meanings given Underwriters, Nuclear Insurance Associa- them in the Atomic Energy Act of 1954 or in any tion of Canada or any of their successors, law amendatory thereof; "Spent fuel" means any ,r or would be an insured under any such fuel element or fuel component, solid or liquid, r policy but for its termination upon ex- which has been used or exposed to radiation in a haustion of its limit of liability, or "nuclear reactor," (2) Resulting from the"hazardous properties" "Waste" means any waste material(a) containing of "nuclear material" and with respect to "by-product material" other than the tailings or which (a) any person or organization is wastes produced by the extraction or concentra- required to maintain financial protection tion of uranium or thorium from any ore processed pursuant to the Atomic Energy Act of primarily for its"source material" content, and(b) 1954, or any law amendatory thereof, or resulting from the operation by any person or (b) the "insured" is, or had this policy not organization of any "nuclear facility" included been issued would be,entitled to indemnity under the first two paragraphs of the definition of from the United States of America, or any "nuclear facility." I agency thereof, under any agreement "Nuclear facility" means: entered into by the United States of America, or any agency thereof, with any (a) Any "nuclear reactor," person or organization. (b) Any equipment or device designed or used for ! B. Under any Medical Payments coverage, to ex- '(1) separating the isotopes of uranium or penses incurred with respectto"bodily injury" plutonium, (2) processing or utilizing "spent resulting from the "hazardous properties" of fuel," or(3) handling, processing or packaging "nuclear material" and arising out of the "waste;' operation of a "nuclear facility" by any person (c) Any equipment or device used for the pro- or organization. cessing, fabricating or alloying of "special C. Under any Liability Coverage, to"bodily injury" nuclear material" if at any time the total or "property damage" resulting from the amount of such material in the custody of the "insured" at the premises where such equip- if: hazardous properties„ "nuclear nuclear material,” ment or device is located consists of or con- tains more than 25 grams of plutonium or e � (1) the"nuclear material"(a) is at any"nuclear uranium 233 or any combination thereof, or facility" owned by, or operated by or on more than 250 grams or uranium 235; behalf of, an"insured" or(b) has been dis- charged or dispersed therefrom; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or (2) The "nuclear material" is contained in disposal of disposal fuel" or "waste at any time and includes the site on which any of the foregoing possessed, handled, used, processed, is located, all operations conducted on such site stored,transported or disposed of by or on and all premises used for such operations; behalf of an "insured;' or (3) The."bodily injury" or"property damage" "Nuclear reactor' means any apparatus designed arises out of the furnishing by an"insured" or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical of services, materials, parts or equipment mass of fissionable material; in connection with the planning,construc- tion, maintenance, operation or use of any ' Property damage" includes all forms of radio- "nuclear facility," but if such facility is active contamination of property. located within the United States of America, its territories or possessions or Canada, this exclusion(3) applies only to"property IL 00 21 11 85 damage" to such"nuclear facility"and any property thereat. ITV WITNESS WHEREOF, This company has caused this policy to be signed by its President and Secretary, and countersigned on the declarations page by a duly authorized agent of the company. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY 4 100 North Parkway, Worcester, Massachusetts 01605 Secretary President CITIZENS INSURANCE COMPANY OF AMERICA 645 West Grand River, Howell, Michigan 48845 Secretary President CALIFORNIA COMPENSATION Et FIRE COMPANY 10 Commercial Boulevard, Novato, California 94947 1 Secretary President ;R 1Y •'1 ( O�hl ii�nlrl,U:.• � �.. , t,ii•', ' ghtod.gtstar ial:otil�surance Services Office,with Its permission,Copyright, Ineurence Services Office, 1982, 1983, 1984, 1885.