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HomeMy WebLinkAbout110-97 RESOLUTION • • , • RESOLUTION NO. 110-97 OA BAR A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF$140,711 TO HECKATHORN CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF TERMINAL AREA CANOPY AND APPROVAL A BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards a contract in the amount of$140,711 to Heckathom Construction Company for the construction of terminal area canopy. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $140,711 increasing Building Costs, Acct. 5550 3960 5804 00, Project No. by decreasing Fixed Assets,Acct.No. 5550 3960 5801 00,Project No. 96063 in the amount of$85,000 and Use of Fund Balance, Acct. No. 5550 0955 4999 99 in the amount of$55,711. A copy of the budget adjustment is attached hereto and made a part hereof. PAWED AND APPROVED this 18th day of November , 1997. • f ; ' APPROVED: 1.0 By: I red Hanna, Mayor ATTEST. By: Traci Paul, City Clerk City of Fayetteville.Arkansas ' Budget Adjustment Form T Budget Year Iiepanment: General Government Date Requested Adjustment m 1997 Division: Airport 11/12/97 Program: Capital Project or Item Requested: Project or Item Deleted: Funding is requested to construct a terminal area canopy. Aircraft Self Fueling Facility and Use of Fund Balance is proposed for this adjustment. Justification of this Increase: Justification of this Decrease: The canopy project is requested to provide a covered access from the The Self Fueling Project is being canceled and sufficient funds remain in cash terminal building to the airlines for passengers boarding airplanes. &investments to fund this request. Increase Account Name Amount Account Number Project Number Building Costs 140,711 5550 3960 5804 00 97087 Decrease Account Name Amount Account Number Project Number Fixed Assets 85,000 5550 3960 5801 00 96063 Use of Fund Balance 55,711 5550 0955 4999 99 Approval Signatures Budget Office Use Only R queste By Type: A B C D / 1;/ F S N(/71g 7 Bu get oordinator Date of Approval Department Director Posted to General Ledger Admin. vices Dir tor Entered in Category Log Mayor C:\APP\97BUD\97WORK\CANOPYBA.WK3 Budget Office Copy CONTRACT THIS AGREEMENT Made this 10th day of November, 19 97,by and between the City of Fayetteville, Arkansas, acting through its duly authorized representatives, party of the first part, hereinafter called the "OWNER", and: Heckathorn Construction Company, Inc. party of the second part, hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete "Terminal Area Canopy", City of Fayetteville, Fayetteville Municipal Airport. The CONTRACTOR agrees to perform the work in accordance with the Plans, Specifications and all provisions attached hereto and made a part hereof as though copied in full herein, for and at the prices bid in the Proposal. The OWNER agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the price bid in the Proposal which is hereto attached, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. For the consideration above expressed, the CONTRACTOR agrees to begin work within ten(10) calendar days, after direction from the OWNER, and complete the work within sixty(60) calendar days. If the CONTRACTOR shall fail to complete the work in the time specified, he shall pay to the OWNER, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount referenced in the Proposal and specified in SPECIAL CONDITIONS for each day delayed; which shall be deducted from the final payment to be paid under this Contract;provided that extensions of time with waiver of liquidated damages may be granted as provided for in the Specifications. The CONTRACTOR also agrees to pay the Owner, in addition to the liquidated damages defined in the paragraph above, the penalties specified in the plans and contract documents for each day the CONTRACTOR'S performance of this contract exceeds the performance time specified in the plans the and SPECIAL CONDITIONS of contract documents. The CONTRACTOR agrees to furnish a Performance Bond and a Payment Bond with an approved Surety thereon guaranteeing the performance of this Contract as required by the law of the State of Arkansas, in the principal amount not less than one hundred (100)percent of the amount of this Contract. Said bonds shall be conditioned upon full and complete C-1 • i T performance of the Contract and for the payment of all labor, tools, equipment and materials furnished by the CONTRACTOR entering into or incidental to the work and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. The Surety on said bonds shall be a Surety Company of financial resources satisfactory to the OWNER and authorized to do business in the State of Arkansas. During the performance of this Contract, the CONTRACTOR for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contractor covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a Subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner or the Federal Aviation Administration to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Owner or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Owner shall impose such Contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including,but not limited to: C-2 1 I (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (b) Cancellation, termination, or suspension of the Contract in whole or in part. 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every Subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any Subcontract or procurement as the Owner or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. BUY AMERICAN- STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in(b)below. (b) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States or(2) a manufactured product produced in the United States, if the cost of its components mined,produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. C-3 • IN WITNESS WHEREOF, the parties of these presents have executed this Contract in eight (8) counterparts, each of which shall be deemed an original on the day and year first above FpY� Tr °f ���� CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS w By /���1'y�/ ATT (Party of the irst Part) Ar.(i Ql.�. Title *** Al ATTEST: Byof Z` ' t (PartySecond Part) � �� Title SEAL (If a Corporation) C-4 .. • Sr PROPOSAL Place Fayetteville, Arkansas Date November 5, 1997 Proposal of Heckathorn Construction Company, Inc. ,a Corporation organized and existing under the laws of the State of Arkansas OR Proposal of a partnership consisting of • a. and • OR Proposal of an individual trading as TO: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS The undersigned Bidder, having visited the site and examined the Plans, Specifications, and other Contract Documents, including all Addenda and being familiar with all the conditions relating to the proposed project, hereby proposes to furnish all tools, appliances, equipment and specified materials, and perform all necessary labor for "Terminal Area Canopy", in strict accordance with the Plans, Specifications, and other Contract Documents at and for the unit prices proposed herein. • The undersigned Bidder, having read the Advertisement for Bids, understands that sealed bids _ for "Airfield Pavement Rehabilitation" will be received by the City of Fayetteville at Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:30 p.m., Monday, November 3'd, 1997 at which time the bids shall be publicly opened and read aloud. All extensions of the unit prices in the Unit Price Schedule will be subject to verification by the Owner. In case of discrepancy between a unit price and its extension, the unit price will be considered to be the bid. P-1 • CITY OF FAYETTEVILLE V.4 FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE,ARKANSAS TERMINAL AREA CANOPY UNIT PRICE SCHEDULE s.. ' jtem No jcrprinq Unit Ouantity I snit price Amount SP-I TERMINAL AREA CANOPY LUMP SUM 100% S 14O)7 it- S /40.7/16 .. TOTAL AMOUNT BID S /40j? 11°---.45 3-1 j 1 P-2 Rt,s. //o- 97 Garver-i- Garver Garver+Garver, P.A. 240 North Block Street MICROFILMED P O Box 590 Fayetteville, Arkansas 72702 501-443-7237 501-443-0533 Fax LettoofTreintrillittal TO: City of Fayetteville DATE: January 22, 1998 113 West Mountain Fayetteville,AR 72701 JOB: Drake Field/Canopy Project ATTN: Ms. Peggy Vice OUR JOB NO. 976100-49 Enclosed Please Find:(as checked) ❑ Design Dwgs. O Copy of Letter O Reproducibles 0 Insurance Docs ❑ Mfr's Dwgs. O Calculations O Tracings O Shop Dwgs. Purposes: ❑ For Your Use O For Review O Furnish as Submitted ❑ As Requested O For Approval O Furnish as Corrected ❑ Revise&Resubmit O Quantity Drawing Numbers Print Reproducible Description Remarks Remarks Enclosed are insurance documents for Heckathorn Construction Company for the Drake Field Canopy project. Copy of Transmittal TO: FROM: Bob Bryant O 1st Class O Special Delivery O UPS O To be Picked Up E Deliver O Courier Svc • OCP 0163666-00 GAS General Accident 436 Walnut Street Common Policy Insurance Philadelphia, PA 19106-1109 Declarations Policy No. OCP 0163666-00 Issued by: General Accident Insurance Named Insured and Mailing Address(N.., Street, Township,County, Town or City, State,Zip code) Company of America City of Fayetteville Ms. Peggy Vice, Purchasing 113 West Mountain NEW Washington Renewal of Number Fayetteville, AR 72701 Policy Period: From 12/09/1997 to 12/09/1998 at 12:01 A.M., Standard Time at your mailing address shown above. Form of Business: Corporation Business Description: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Owners and Contractors Protective Liability Coverage Part $250.00 MP Audit Period: Not Applicable T AL $250.00 Premium shown is payable:$ 250.00 at inception►‘ " 1 ' ,1 • ary• 2nd Anniversary Countersigned: 12/18/1997 By Authorized Representative 531568 The Cashion Company P. O. Box 550 Little Rock,AR 72203 ORIGINAL THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE PART DECLARATIONS,COVERAGE PART COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. IL 0019(11-85) Includes copyrighted material of Insurance Services Office,Inc., with its permission. Copyright,Insurance Services Office,Inc., 1983, 1984. Branch Office: . • , SCHEDULE OF FORMS AND ENDORSEMENTS Policy Number OCP 0163666-00 Named Insured:City of Fayetteville Forms and endorsements made part of this policy at the time of issue: IL 00 19 11-85 IL 00 21 11-94 G-5018 9-96 CL 152 11-85 CG 00 09 1-96 CG 00 54 3-97 CG 00 55 3-97 CG 20 31 1-96 CG 21 49 1-96 CG 29 23 4-90 CG 29 51 1-96 L-2927 7-91 079(1-87) Page 1 of 1 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY • COVERAGE PART DECLARATIONS General Accident Insurance Company of America Policy No. OCP 0163666-00 Effective Date: 12/09/1997 12:01 A.M., Standard Time DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address Heckathorn Construction Co Inc 1880 Birch Ave., Fayetteville, AR 72701 LOCATION OF COVERED OPERATIONS 1 Fayetteville Municipal Airport, Fayetteville,AR 72701 LIMITS OF INSURANCE Aggregate Limit $ 2.000.000 Each Occurrence Limit $ 1.000.000 BUSINESS DESCRIPTION Form of Business: Corporation Business Description: PREMIUM Rate per Location/Classification Code No. Premium Basis* $1,000 of Cost Advance Premium *The Premium Basis and Rates are for an annual period while the Advance Premium applies to the entire term of the policy. LOC 1 Construction Operations 16292 140,711 0.635 $250.00 MP -owner(not railroads) Total Cost -excluding operationson board ships Total $250.00 MP FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: See Schedule of Forms and Endorsements, 079, attached. ORIGINAL Page l of 1 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CL 152(11-85) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Copyright,Insurance Services Office,Inc.,1984 COMMERCIAL GENERAL LIABILITY • • CG 20 31 10 93 THtS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS; ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any architect, engineer or surveyor engaged by you but only with respect to liability arising out of your premises or ongoing operations per- formed by you or on your behalf. B. The following exclusion is added to Paragraph 2., Exclusions in COVERAGES (Section I): The insurance with respect to such architects, engineers or surveyors described in paragraph A. above does not apply to "bodily injury" or "property damage" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. Supervisory, inspection or engineering services. GARVER & GARVER P.A. ENGINEERS FAYETTEVILLE, AR CG 20 31 10 93 Copyright, Insurance Services Office, Inc., 1992 O • COMMERCIAL GENERAL LIABILITY CG 00 09 01 96 • OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM -• COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage" only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" Throughout this policy the words "you",and "your" is caused by an "occurrence" and arises refer to the Named Insured shown in the Declare- out of:. tions. The words "we", "us" and "our' refer to the (a) Operations performed for you by the Company providing this insurance, "contractor" at the location specified in The word "insured" means any person or organiza- the Declarations; or tion qualifying as such under WHO IS AN INSURED (b) Your acts or omissions in connection (Section II). with the general supervision of such Other words and phrases that appear in quotation operations; and marks have special meaning. Refer to DEFINITIONS "bodily injury" or "property damage" occurs during the policy period. SECTION I - COVERAGES •c. because of Damages "bodily BODILY INJURY AND PROPERTY DAMAGE LIABIL- injury" include ITY damages claimed by any person or rgan- ization for care, loss of services or death re- • 1. Insuring Agreement suiting at any time from the "bodily injury". a. We will pay those sums that the insured be- 2. Exclusions comes legally obligated to pay as damages This insurance does not apply to: because of "bodily injury" or "property dam- age" to which this insurance applies: We will a. Expected or Intended Injury have the right and duty to defend the insured "Bodily injury" or "property damage" ex- against any "suit" seeking those damages. pected or intended from the standpoint of the However, we will have no duty to defend the insured. This exclusion does not apply to insured against any "suit" seeking damages "bodily injury" resulting from the use of rea- for "bodily injury" or "property damage" to sonable force to protect persons or property. which this insurance does not apply. We may, b. Contractual Liability at our discretion, investigate any "occur- rence" and settle any claim or "suit"that may "Bodily injury" or "property damage" for result. But: which the insured is obligated to pay dam- (1) The amount we will pay for damages is ages by reason of the assumption of liability limited as described in LIMITS OF INSUR- in a contract or agreement. This exclusion does not apply to liability for damages: ANCE (Section III); and ab- (2) Our right and duty to defend end when we (1) That the insured would have in the have used up the applicable. limit of in- surance sence of the contract or agreement; or in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services' is covered unless explicitly provided for under SUPPLEMEN- TARY PAYMENTS. • F CO 00 09 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 9 O 4 . , • (2) Assumed in a contract or agreement that (b) Performing duties related to the con- is an "insured contract", provided the duct of the insured's business; or 410 "bodily th ry"'or "property_ damage" oc- jy ,•.: , (2), The?spouse,child, parent, brother or sister curs subsequent to the execution of the of that p%ployee" as a consequence of • contract of gre exit.$blely-.for the pur- . le, paragraph(1)above. poses,gf liability assumed In..an "Insured This exclys{i>�n.,a'japlie�: contract",--reas'onable.attorney fees and necessary litigation expenses incurred by (1) Whether the insured may be liable as an or for a party other than an insured are employer or in any other capacity; and deemed to be damages because of"bodily (2) To any obligation to share damages with • Injury" or "property damage", provided: or repay someone else who must pay (a) Liability to such Party for, or for the damages because of the injury. ' cost of, that party's 'defense has also This exclusion does not apply to liability as- been assumed in the ;same "insured sumed by the insured under_ an "insured contract"; and- contract".,• ' (b) Such attorney fees and litigation ex- g, •Damage,to Property penses are for defense 'of that party against a civil or alternative dispute "Property damage" to: resolution proceeding in which dam- (1). Property you own, rent, or occupy; . . ages to which this insurance applies (2) Property loaned to you; are alleged. c. Work Completed or Put to�lntended Use (3) Personal property in the care, custody or control of the insured; or "Bodily injury" or "property damage" which (4) "Work" performed for you by the "con- occurs after the earlier of the following times: tractor". (1) When all "work" on the-project(other than h. War • ' service, maintenance or repairs) to be performed for you by the "contractor" at "Bodily injury" or "property damage" due to the site of the covered operations has war, whether or not declared, or any act or been completed; or condition incident to war. War includes civil II (2) When that 'portion of the "contractor's" war, insurrection, rebellion or,revolution. This exclusion applies only to: "work", out of which the injury or damage arises, has been' put to its intended use (1) Liability assumed under an "insured con- by any person or orga'hization, other than tract"; or ' ' another contractor or subcontractor work- , (2) Expenses for first aid. ing directly or indirectly for the "contrac- i. Mobile Equipment tor" or as part of the same project. d. Acts or Omissions by You and Your Employ- "Bodily Injury" or "property damage" arising ees d out of the use of' mobile equipment" in, or while in practice for, or while being prepared "Bodily injury"or "property damage" arising 'for, any prearranged racing, speed, demoli- out of your, or your "employees", acts or tion, or stunting activity. omissions other than general supervision of j Pollution "work"'performed for you by the "contractor". e. Workers Compensation and Similar Laws (1) "Bodily Injury" or "property.damage" aris- ing out of the actual, alleged or threatened Any obligation pf the insured under a workers discharge, dispersal, seepage, migration, compensation, disability benefits or unem- ' release or escape of pollutants: ployment compensation law or any similar (a) At or from any premises, site or lo- law• cation which is or was at any time f. Employer's Liability ' • owned or occupied by, or rented or "Bodily injury" to: loaned to, any insured; (1) An "employee" of the insured arising out , of and in the course of: (a) Employment by the insured; or • Page 2 of 9 Copyright, Insurance Services Office, Inc., 1994 CG 00 09 01,96 O 1- m • (b) At or from any premises, site or lo- Subparagraphs (a) and (d)(i) do'not apply cation which is or was at any time used to "bodily injury" or "property damage" by or for any insured or others for the • arising out of heat, smoke or fumes from handling, storage, disposal, processing a hostile fire. or treatment of waste; As used in this exclusion, a hostile fire (c) Which are or were at any time trans- means one which becomes uncontrollable ported, handled, stored, treated, dis- or breaks out from where it was intended posed of, or processed as waste by or to be. for any insured or any person or or- (2) Any loss, cost or expense arising out of ganization for whom you may be le- gaily responsible; or any: (a) Request, demand or order that any in- (d) At or from any premises, site or lo- sured or others test for, monitor, clean cation on which any insured or any up, remove, contain, treat, detoxify or contractors or subcontractors working neutralize, or in any way respond to, directly or indirectly on any insured's or assess the effects of pollutants; or behalf are performing operations: {i) If thb pollutants are brought on or (b) Claim or suit by or on behalf of a gov- ernmental authority•for damages be- ' to the premises, site or location in cause of testing for., monitoring, connection with such operations by cleaning up, removing, containing, such insured, contractor or subcon- treating, detoxifying or neutralizing, or tractor; or in any way responding to, or assessing • (ii) If the operations are to test for, the effects of pollutants. monitor, clean up, remove, contain, Pollutants means any solid, liquid, gaseous treat, detoxify or neutralize, or in or thermal irritant or contaminant, including any way respond to, or assess the smoke, vapor, soot, fumes, acids, alkalis, effects of pollutants. chemicals and waste. Waste includes materi- Subparagraph (dXi) does not apply to • als to be recycled, reconditioned or re- "bodily injury" or "property damage" claimed. arising out of the escape of fuels, k. Damage to Impaired Property or Property Not lubricants or other operating fluids Physically Injured which are needed to perform the • • normal electrical, hydraulic or me- "Property damage" to "impaired property" or chanical functions necessary for the property that has not been physically injured, operation of"mobile equipment" or its arising out of: parts, if such fuels, lubricants or other (1) A defect, deficiency, inadequacy or clan- - operating fluids escape from a vehicle gerous condition in "work" performed for ,; part designed to hold, store or receive you by the "contractor"; or them. This exception does not apply if the fuels, lubricants. or other operating (2) A delay or failure by you or anyone acting on your behalf to perform a contract or fluids are intentionally discharged, parsed or released, or if such fuels, agreement in accordance with its terms. lubricants or other operating fluids are This exclusion does not apply to the loss of • brought on or to the premises, site or use of other property arising out of sudden location with the intent to be dis- and accidental physical injury to "work" per- charged, dispersed or released as part _ formed for you by the "contractor". of the operations being performed by 4 such insured, contractor or subcon- tractor. • CG 00 0901 96 Copyright, Insurance Services-Office,-Inc., 1994 Page 3 of 9 0 • , 1 SUPPLEMENTARY PAYMENTS d. The allegations,in the "suit" and the information We will pay, with respect to any claim we investi- we;know about the "occurrence" are such that • gate or settle, or arty "suit" against an insured we no conflict appears to exist between the Interests defend: of the insured and • the interests of the 1. Ali expenses we incur, indemnitee; 2. Up to $250 for cost of ball bonds required be- e. The indemnitee and the insured ask us to con- cauie of accidents or traffic•law violations aris- duct and control the defense of that indemnitee ing out of the use of any vehicle to'which this against such "suit" and agree that we can assign Insurance applies. We do not have to furnish the same counsel to defend the insured and the these bonds. indemnitee; and 3. The cost of bonds to release attachments, but 1. The indemnitee: only for bond amounts within the applicable limit (1) Agrees in writing to: • o • of insurance. We do•not have to furnish these (a) Cooperate with us in the investigation, bonds. settlement or defegsye of the "suit"; 4. All reasonable expenses incurred by the insured (b) immediately send us copies of any de- at our request_to assist us in'the investigation . mends, notices,,summonses or legal pa- -or defense of the claim or"suit",including actual pets received in connection with the loss of earnings up to$250 a day because of time "suit"; off from work. 5. All costs taxed against the Insured in the "suit". (c) Notify,any other Insurer whose coverage A is available to the indemnitee; and 6. Prejudgment interest awarded against the In- '(d) Cooperate with us with respect to coordi- sured on that part of the judgment we pay. If we nating other applicable insurance avail- make an offer to pay the applicable limit of in- able to the indemnitee; and surance, we will not pay any prejudgment inter- est (2) Provides us with written authorization to: 'based on that period of time after'the offer. , t 7. All interest on the full amount of any judgment (a) Obtain records and other information re- that accrues after entry of the judgment and be- lated to the "suit"; and _ fore we have paid, offered to pay, or deposited (b) Conduct and control the defense of the • in court the part of the judgment that.is within the indemnitee.in such,"suit". applicable limit of insurance. So long as the above conditions are met, attorneys 8; Expenses incurred, by the insured for first aid fees incurred by us in the defense of that administered to others at the time of an accident, indemnitee, necessary litigation expenses incurred for "bodily injury" to which this insurance ap- by us and necessary litigation expenses incurred by plies.' the indemnitee at our request will be paid as Sup- These payments will not reduce the limits of insur- plementary Payments. Notwithstanding the pro- ance. visions of paragraph 2.b.(2) of BODILY INJURY AND • PROPERTY DAMAGE LIABILITY (Section I - Cover- If we defend an insured against 'a "suit" and an ages); such payments will not be deemed to be indemnitee of the,insured is,alsb named as a party damages-for "bodily injury" and "property damage" to the "suit", we wilt`defend that indemnitee if all of and will not reduce the limits of insurance. the following conditions are met: Our obligation to defend an ins,ured's indemnitee a. The "suit",against the indemnitee seeks dam- and to pay for, attorneys fees and necessary liti- ages for which the insured' has assumed the li- gation expenses as Supplementary Payments ends ability of the indemnitee in a contract or when: agreement that is an "insured contract"; a. We have used-up the applicable limit of insur- b. This insurance applies to such liability assumed ance in the payment of judgments or settle- by the insured; ments; or c. The obligation to defend, or the cost of the de- b. The conditions set forth above, or the terms of fense of, that indemnitee, has also been as- the agreement described in paragraph f. above, sumed by the insured in the same "insured are no longer met. contract"; • Page 4 of 9 Copyright, Insurance Services Office,inc., 1994 CG 00 09 Ot 96 O f i a H I SECTION II - WHO IS AN INSURED 2. The Aggregate Limit is the most we will pay for 's 1. if you are designated,in the Declarations as: fury" and "property damage".the sum, of damages because of all "bodily in- • a. An individual, you and your spouse are in- 3.sureds. 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages 1 b. A partnership or joint venture, you are an in- because of all "bodily injury" and "property sured. Your members, your partners, and damage" arising out of any one "occurrence". •their spouses are also insureds, but only with respect to their duties as partners or mem- If you designate more than one project in the Dec- bers of a joint venture. larations, the Aggregate Limit shall apply separately to each project. c. A limited liability company, you are an in- The Limits of Insurance of this Coverage Part apply f sured. Your members are also insureds, but separately to each consecutive annual period and i only with'respect to their duties as members i of a limited liability company. Your managers to any remaining period of less than 12 months, are insureds, but only with respect to their starting with the beginning. of the policy period duties as your managers. shown in the Declarations, unless the policy period is extended after issuance for an additional period d. An organization other than a partnership, of less than 12 months. In that case, the additional l joint venture or limited liability company, you period will be deemed part of the last preceding i are an insured. Your "executive officers" and period for purposes of determining the Limits of In- ) directorsAre insureds, but only with respect surance. I, to their citifies as your officers or directors. SECTION IV - CONDITIONS Your stockholders are also insureds, but only i with respect to their liability as stockholders. 1. Bankruptcy s 2. Each of the following is also an insured: Bankruptcy or insolvency of the insured will not a. Any person (other than your "employee") or relieve us of our obligations under this Coverage . any organization while acting as your'real Part. estate manager. 2. Cancellation @ • b. Any person or organization having proper a. The first Named Insured shown in the Decla- temporary custody of your property if you die, rations. may cancel this policy by mailing or I' but only: delivering to us advance ,written notice of I (1) With respect,to liability arising out of the cancellation. maintenance or use of that property; and b. We may cancel this policy by mailing or cle- f (2) Until your legal representative has been livering to the first Named Insured and the appointed. "contractor" written notice of cancellation at i least: c. Your legal representative if you die, but only ; with.respect to duties as such. That repre- (1) 10 days before the effective date of can- i sentetive will have all your rights and duties cellation if we cancel for non-payment of under this Coverage Part. premium; or ) No person or organization is an insured with respect (2) 30 days before the effective date of can- f cellation if we cancel for any other reason. I to the'conduct of any current or past partnership, 1 joint venture or limited liability company that is not c. We will mail or deliver our notices to the first f shown.as a Named Insured in the Declarations. Named Insured's and the "contractor's" last SECTION III - LIMITS OP INSURANCE mailing address known to us. I 1. The Limits of Insurance shown in the Declare- d. Notice of cancellation will state the effective tions and the rules below fix the most we will pay date of cancellation. The policy period will regardless of the number of: end on that date. Ia. Insureds; If b. Claims made or "suits" brought; or i c. Persons or organizations making claims or bringing "suits". i t R • i. CG 00 09 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 5 of 9 El I , . • e. If this policy is cancelled, we will.send•the (4) Assist '.us, upon our request, in the "contractor" any premium refund due.-If we enforcement of any right against any,per- • cancel, the refund will be pro.rata. If the first son or organization which. may be liable Named Insured cancels, the refund may be to the insured because of'injury or dam- ' less than pro rata. The cancellation will be age to which this insurance may also ap- effective even if we have not made or offered • ply.. , a.refund. a, d. No Insured'will, except'at that insured's own f. If notice is mailed, proof of mailing will be cost, voluntarily 'make a payment, assume r sufficient proof of notice. , any obligation, or incur any expense, other 3. Changes than for first aid, without our consent. This policy contains all the agreements between 3, Examination Of Your Books And Records • you, the "contractor and us Concerning the In- We may-,examine and audit your.,books and re- surance afforded. The first Named Insured ' cords as well as the "contractor's" books and , shown in the Declarations and the "contractor" records as they relate to this policy at any time are authorized to make changes in the terms of during the policy period •and up to three years this policy with our consent. This•policy's terms afterward. can be amended or waived only by endorsement 6. Inspections And Surveys . issued by us and made a part of this policy. We have theiright but aril not obligated to: 4. Duties in The Event Of Ocdurrenca,Galin Or Suit a. You must see to it that we are notified as a. Make Ine'pection�s and-surveys at any time; soon as practicable of an "occurrence" which b. Give you ,reports on the conditions we find; may result in a claim. To the extent possible, ,and notice should include: c. Recommend changes. :, (1) How, when' and where the "occurrence" ,, Any inspections, surveys, reports or recommen- took place; dations relate only to insurability and the premi- (2) The names and addresses of any injured urns to be charged. We do not make safety persons and witnesses; and inspections. We do not undertake to perform the (3) The nature and location of.any injury or duty of any person or organization'to provide forIII . the health or safety of workers or the public. And damabe arising out of the "occurrence". we do not warrant that conditions: b. If a claim is made or "suit"is brought against a: Are safe or healthful; or arty insured, you must: ' (1) Immediately record the specifics of the b. Comply with laws, regulations, codes or . standards. ' claim or "suit" and the date received; and This condition applies.not only to us, but also to (2). Notify us as soon as.practicable. any rating, advisory,,,rate eerviee or similar or- You must see to it that we receive written ,ganization which makes insurance inspections, notice of the claim or "suit" as soon as prac- surveys; reports or recommendations. ticable. 7. Legal Action Against Us . c. You and any other involved insured must: No person or organization has a right under this (1) Immediately send us copies of any de- Coverage Part: , mands, notices, summonses or legal pa- a. To join us as a party-or otherwise bring us pers received in connection with the claim into a "suit", asking for damages from an in- or "suit"; sured; or (2) Authorize us to obtain records and other • b. To sue us on this Coverage Part unless all of information; its terms have been fully complied with. (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and Page 6 of 9 Copyright, Insurance Services Office, Inc., 1994 CO 00 09 01 96 O . • • A person or organization may•sue us to recover c. The "contractor" must keep records of the in- on an agreed settlement or on a final judgment formation.we•need for premium'computation, against an insured obtained after an actual trial; and send .us copies at such times as we may but we will not be liable for damages that are not request. payable under the terms of this Coverage Part 1.1.Separation Of Insureds or that are in excess of the applicable limit of insurance. An agreed settlement : means a Except with respect to the Limits.of Insurance, settlement and release of liability signed by us, and any rights or duties•specilcally.assigned in the insured'and the claimant or the claimant's this Coverage Part to the first.Named Insured, legal representative. this insurance applies: 8. Other Insurance a. As if each Named Insured were the only Named Insured; and b The.insu.rance afforded by this Coverage Part is ' primary insurance and We will not seek contrib- b. Separately to each insured, against whom ution from any other insurance'available to you ' claim is made or "suit" is brought.' unless the other insurance is provided by a con- 12.Transfer Of Rights Of Recovery Against Others tractor other than the designated "contractor" for To Us • the same operation and job location designated If the insured has rights to recover all or part of in the Declarations.-Then we will share with that other insurance by the method described below. any payment we have made under this Coverage Part those rights are transferred to us. The in- ../. If all of the other insurance permits contribution sured must do nothing after loss to impair them. by equal shares, we will follow this method also. At our request, the insured will bring "suit" or Under this approach, each insurer contributes transfer those rights to us and help us enforce equal amounts until it has paid its applicable them. limit of insurance or none of the loss remains, 13.When t whichever comes first. We Do Not Renew s If any of the other insurance does riot permit If we decide not to renew this Coverage,Part, we contribution by equal shares, we will contribute will mail or deliver to the first Named Insured by limits. Under -this. method, each insurer's shown'in'the Declarations written notice of the i • share is based on the ratio of its applicable limit nonrehewal not less than 30 days before the'ex- of insurance to the total applicable limits of in- piration date. surance of all insurers. If notice is mailed, proof of mailing will be suffi- 9: Premiums cient proof of notice. The "contractor": SECTION V - DEFINITIONS Ea. Is responsible for the payment of all premi- 1. "Auto".means a land motor vehicle, trailer or urns; and semitrailer designed for travel on public roads, f , . including,any attached machinery or equipment. b. Will be the payee for any return premiums $ut "auto" does not include "mobile equipment". we pay. 2. "Bodily injury" means bodily injury, sickness or 10.Premium Audit disease sustained by a person, including death a. We will compute all premiums for this Cover- resulting from any of these at any time. . age Part in accordance with our rules and 3. "Contractor" means the contractor designated in rates. the Declarations. b. Premium,shown.in this Coverage Part as ad- 4. "Employee" includes a "leased worker". "Em- vance premium is a deposit premium only. ployee" does not include a "temporary worker". At the olose of each, audit period we will 5, "Executive officer" means a person holding any compute the earned premium for that period. of the officer positions created by your charter, Audit premiums are due and payable on no- constitution, by-laws or any other similar gov- tice to the "contractor". If the sum of the ad- erninj document. vance and audit premiums paid for the policy period is greater than the earned premium, • we will return the excess to the "contractor". I fa CG 00 09 01 96 'Copyright, Insurance Services Office, Inc., 1994 Page 7 of,p O 6. "Impaired property" mean§ tangible property, e. Vehicles not described. In a., b., c. or d. `other than work Iterforrhed'for you, that cannot ' above that are not self-propelled 'and are '. • he used orls'less useful because: maintained primarily to provide mobility to a. It incorporates work performed for you that is permanently attached equipment of the'fol- known or thought to be defective,-deficient, lowing types: .,' inadequate•-or dangerous; or . (1) Air compressors, pumps and generators, T b. You`have (aided to fulfill lhe'tbrms of a con- including spraying, welding, ' building •" tt'atrt or agreement; cleaning, geophysical exploration, lighting and well servicing equipment; or' I. if such property can be restored to use by: (2) Cherry pickers and similar, devices used a. The-repair, replacement, adjustment or re- to raise or lower worker§; .1 move!moval of the work performed for you; or f. Vehicles not described in a., b„ c. or d. b. Your.fuifllling, the terms of the contract or above maintained primarily for purposes 'z agreement. other than the t'ransportatiort of persons or 7. "Insured contract" means: cargo. ,a. A lease of(premises; However, self-propelled vehicles with the fol- lowing types of permanently-attached equip- b. A sidetrack agreement; • ment are not "mobile equipment" but will be .c. An easement or license agreement,•except considered "autos": ' In connection with construction or demolition (1) Equipment designed primarily for: • • operations on orwlthirf,,50 feet of a railroad; (a) Snow removal; d. An obligation, as required by ordinance, to maintenance, but ,not indemnify a municipality,.,except in con- (b) Road struction or resurfacing;c , con- nection with work'tor a municipality; or e.* An elevator maintenance agreement. (c). Street cleatin g; 2 Cherry pickers and similar • devices 8. "Leased worker" means•a person leased to you (2) mounted on'automobile or truck chassis :.by a labor leasing firm under an agreement be- and used to raise or lower workers; and tween you and the labor leasing firm, to perform • duties related to the conduct of your business. (3) Air compressors, pumps and generators, "Leased worker" does not include a "temporary including spraying, welding, building worker". cleaning, geophysical exploration, lighting 9. "Mobile equipment" means any of the following and well servicing equipment., types' of land vehicles, including any attached 10."Occurrence";.means an accident, including con- machinery or equipment: tinuous or repeated exposure to substantially the a. Bulldozers, farm machinery,' forklifts .and , same general harmful conditions. , other vehicles designed for use principally off 11."Property damage" means: • public toads; •• a. Physical injury to tangible property, including b. Vehicles maintained for use solely on or next all resulting loss of use of that property. All to premises you own or rent; such loss of use shall be deemed to occur at • c. Vehicles that travel on crawler treads; ' the time of the physical injury that caused it; or d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to b. Loss of use of tangible property that is not permanently mounted: physically injured. All such 109S of use shall be deemed to occur at the time of the "oc- (1) Power cranes, shovels, loaders, diggers currence" that caused it. • or drills; or ; (2) Road construction or resurfacing equip- • ment such as graders, scrapers or rollers; i, 01 Page 8 of 9 Copyright, Insurance Services Office, Inc., 1994 CG 00 09 01 96 O • • 12."Suit" means a civil proceeding, brought in the 13."Temporary worker" means a person who is United States of America (including its territories fur- nished to you to substitute for a permanent and possessions), Puerto Rico or Canada, in "employee" on leave or to meet seasonal or which damages because of "bodily injury" or short-term workload conditions. ppro spa tyalleged a"S" to uit"^inc udesthis insurance ap- 14."Work" includes materials, parts or equipment a. An arbitration proceeding in which such furnished in connection with the operations. damages are claimed and to which the in- sured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceding in which such damages are claimed and to which the insured submits with our consent. S • CG 00 09 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 9 of 9 0 • •'l r. • • • ; • gL • IL 00 21 11 94 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: (1) The "nuclear material" (a) is at any "nu- A. Under any Liability Coverage, to "bodily in clear facility" owned by, or operated by or jury" or "property damage": on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (1) With respect to which an "insured" under the policy is also an insured under a nu- (2) The "nuclear material" is contained in clear energy liability policy issued by Nu "spent fuel" or "waste" at any time pos- clear Energy Liability Insurance sessed. handled, used, processed, stored, • Association, Mutual Atomic Energy Liabil transported or disposed of, by or on behalf ity Underwriters, Nuclear Insurance Asso of an "insured"; or ciation of Canada or any of their (3) The "bodily injury" or "property damage" successors, or would be an insured under arises out of the furnishing by an "in- any such policy but for its termination sured" of services, materials, parts or upon exhaustion of its limit of liability; or equipment in connection with the plan- (2) Resulting from the "hazardous properties" Wing, construction, maintenance, opera- of "nuclear material" and with respect to lion or use of any "nuclear facility", but if which (a) any person or organization is such facility is located within the United required to maintain financial protection States of America, its territories or pos- pursuant to the Atomic Energy Act of 1954, sessions or Canada, this exclusion (3) ap- or any law amendatory thereof, or (b) the plies only to "property damage" to such "insured" is, or had this policy not been "nuclear facility" and any property thereat. issued would be, entitled to indemnity 2. As used in this endorsement: from the United States of America, or any "Hazardous properties" includes radioactive, agency thereof, under any agreement en- toxic or explosive properties. tered into by the United States of America, or any agency thereof, with any person or "Nuclear material" means "source material", organization. "Special nuclear material" or "by-product mate- rial". B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- "Source material", "special nuclear material", jury" resulting from the "hazardous proper- and "by-product material" have the meanings ties" of "nuclear material" and arising out of given them in the Atomic Energy Act of 1954 or the operation of a "nuclear facility" by any in any law amendatory thereof. person or organization. "Spent fuel" means any fuel element or fuel C. Under any Liability Coverage. to "bodily in- component, solid or liquid, which has been used jury" or "property damage" resulting from or exposed to radiation in a "nuclear reactor". • "hazardous properties" of "nuclear material", if: IL 00 21 11 94 Copyright. Insurance Services Office, Inc., 1994 Page 1 of 2 0 5 "Waste" means any waste material (a) contain- (c) Any equipment or device used for the proc • - ing "by-product material" other than the tailings essing, fabricating or alloying of "special nu- or wastes produced by the extraction or concen- clear material" if at any time the total amount tration of uranium or thorium from any ore proc- of such material in the custody of the "in- essed primarily for its "source material" content, sured" at the premises where such equip- and (b) resulting from the operation by any per- ment or device is located consists of or son or organization of any "nuclear facility" in- contains more than 25 grams of plutonium or cluded under the first two paragraphs of the uranium 233 or any combination thereof, or definition of "nuclear facility". more than 250 grams of uranium 235; "Nuclear facility" means: (d) Any structure, basin, excavation, premises or place prepared or used for the storage or (a) Any "nuclear reactor"; disposal of waste"; (b) Any equipment or device designed or used and includes the site on which any of the fore- for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent going is located, all operations conducted on fuel", or (3) handling. processing or packag- such site and all premises used for such oper- ing "waste"; ations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active contamination of property. • • • Page 2 of 2 Copyright, Insurance Services Office, Inc., 1994 IL 00 21 11 94 O GENERAL GA\ ACCIDENT INSURANCE ENDORSEMENT This Endorsement Changes The Policy. Please Read It Carefully. Absolute Exclusion - Asbestos Liability This endorsement modifies insurance provided under the following: Excess Catastrophe Liability Coverage Form Owners and Contractors Protective Liability Coverage Part Pollution Liability Coverage Part Railroad Protective Liability Coverage Part This insurance does not apply to: 1. "Bodily Injury" or "Property Damage" arising out of or alleged to have risen out of: a. exposure to asbestos, asbestos fiber, or any material containing asbestos or asbestos products; or b. the removal of asbestos, asbestos fiber, or any material containing asbestos or asbestos products, including, without limitation, 1. the costs of asbestos removal; or 2. "property damage" in the course of effecting such removal. We shall not be obligated to investigate, or defend the insured against any claim for any liability described above which is asserted against any insured or to pay any judgement entered against any insured for such liability. This endorsement must be attached to the Change Endorsement when issued after the policy is written. L-2927 7.91 • • COMMERCIAL GENERAL LIABILITY CG29510196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., (2) The spouse, child, parent, brother or sister of Exclusions of COVERAGES - BODILY INJURY AND that person as a consequence of "bodily injury" PROPERTY DAMAGE LIABILITY (Section I - Cover- to that person at whom any of the employment- ages): related practices described in paragraphs(a),(b) This insurance does not apply to: or(c) above is directed. "Bodily injury" to: This exclusion applies: (1) A person arising out of any: (1) Whether the insured may be liable as an em- ployer or in any other capacity; and (a) Refusal to employ that person; Termination of that person's employment; or (2) To any obligation to share damages with or re- (b) pay someone else who must pay damages be- (c) Employment-related practices, policies, acts cause of the injury. or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or dis- crimination directed at that person; or • • CG 29 51 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 O POLICY NUMBER: • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ill ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Minimum Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Paragraph e. of the Cancellation Condition is re- B. The following is added to the Cancellation Con- placed by the following: dition (Section I V): e. (1) If this policy is cancelled, we will send the "contractor" any g. Cancellation of Policies in Effect More premium refund due. Than 60 Days. (2) We will refund the pro rata unearned pre- (1) If this policy has been in effect more than mium if the policy is: 60 days or is a renewal policy, we may (a) Cancelled by us or at our request; cancel only for one or more of the follow- • (b) Cancelled but rewritten with us or in ing reasons: our company group; (a) Nonpayment of premium; (c) Cancelled because you no longer have (b) Fraud or material misrepresentation an insurable interest in the property or made by you or with your knowledge in obtaining the policy, continuing the business operation that is the subject of this insurance; or policy or in presenting a claim under (d) Cancelled after the first year of a pre- the policy; paid policy that was written for a term (c) The occurrence of a material change in of more than one year. the risk which substantially increases (3) If the policy is cancelled at the request of any hazard insured against after policy the first Named Insured or the"contractor," issuance; other than a cancellation described in (2) (d) Violation of any local fire, health,safety, (b), (c) or (d) above, we will refund 90% building or construction regulation or of the pro rata unearned premium. How- ordinance with respect to any insured ever, the refund will be less than 90% of property or its occupancy which sub- the pro rata unearned premium if the re- stantially increases any hazard insured fund of such amount would reduce the' against under the policy; premium retained by us to an amount less (e) Nonpayment of membership dues in than the minimum premium for this policy. those cases where our by-laws, agree- (4) The cancellation will be effective even if ments or other legal instruments require payment as a condition of the issuance we have not made or offered a refund. (5) If the first Named Insured or the "contrac- and maintenance of the policy; or tor" cancels this policy, we will retain the (f) A material violation of a material pro- minimum premium shown in the Schedule. vision of the policy. • CG 29 23 04 90 Copyright, Insurance Services Qffice, Inc., 1990 Page 1 of 2 O • • • (2) If we cancel for nonpayment of premium, C. The following is added to CONDITIONS (Section we will mail or deliver'written notice•of • IV): ' . cancellation, stating the reason for cancel- 13. Multi-Year Policies lation, to the first Named Insured and the We may issue this policy for a term in excess effective contrvetd daa at te of can t leacellation.10 days before the of twelvemonths with.the premium adjusted on an annual basis in accordance with our If we cancel for any other reason, we will rates and rules.. . mail or deliver notice of cancellation to the • • first Named Insured and the "contractor" at least 20 days prior to the effective date of cancellation. • • • • • • Page 2 of 2 Copyright. Insurance Services,Qfficei Inc., 1990 CG 29 23 04.9O O COMMERCIAL GENERAL LIABILITY CG21490196 ID THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under paragraph 2., Exclusions of COV- (b) Claim or suit by or on behalf of a govern- ERAGE A - BODILY INJURY AND PROPERTY DAM- mental authority for damages because of AGE LIABILITY (Section I - Coverages) is replaced testing for, monitoring, cleaning up, re- by the following: moving, containing, treating, detoxifying This insurance does not apply to: or neutralizing, or in any way responding to, or assessing the effects of pollutants. f. Pollution Pollutants means any solid, liquid, gaseous, or (1) "Bodily injury" or "property damage" which thermal irritant or contaminant including smoke, would not have occurred in whole or part but vapor, soot, fumes, acid, alkalis, chemicals and for the actual, alleged or threatened dis- waste. Waste includes material to be recycled, charge, dispersal, seepage, migration, re- reconditioned or reclaimed. lease or escape of pollutants at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neu- tralize, or in any way respond to, or as- • sess the effects of pollutants; or S CG 21 49 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 O COMMERCIAL GENERAL LIABILITY CG 00 55 03 97 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION (OCCURRENCE VERSION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (OCCURRENCE VERSION) Paragraph 4.b. of the Other Insurance Condition — When this insurance is excess, we will have no (Section IV — Commercial General Liability Con- duty under COVERAGES A or B to defend the ditions) is replaced by the following: insured against any "suit" if any other insurer 4. Other Insurance has a duty to defend the insured against that b. Excess Insurance "suit". If no other insurer defends, we will un- dertake to do so, but we will be entitled to the This insurance is excess over: insured's rights against all those other insurers. (1) Any of the other insurance, whether pri- When this insurance is excess over other in- mary, excess, contingent or on any other surance, we will pay only our share of the basis: amount of the loss, if any, that exceeds the (a) That is Fire, Extended Coverage, sum of: Builder's Risk, Installation Risk or simi- (1) The total amount that all such other insur- lar coverage for"your work"; ance would pay for the loss in the absence (b) That is Fire insurance for premises of this insurance; and rented to you or temporarily occupied by (2) The total of all deductible and self-insured 411 you with permission of the owner; or amounts under all that other insurance. (c) If the loss arises out of the maintenance We will share the remaining loss, if any, with or use of aircraft, "autos" or watercraft any other insurance that is not described in this to the extent not subject to Exclusion g. Excess Insurance provision and was not of COVERAGE A(SECTION l). bought specifically to apply in excess of the (2) Any other primary insurance available to Limits of Insurance shown in the Declarations you covering liability for damages arising of this Coverage Part. out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. • CG 00 55 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 ❑ r S • S COMMERCIAL GENERAL LIABILITY CG 00 54 03 97 III THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION - EXCEPTION FOR BUILDING HEATING EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Subparagraph (1)(a) of the Pollution exclusion under (a) At or from any premises, site or location Paragraph 2., Exclusions of Bodily Injury And Prop- which is or was at any time owned or oc- erty Damage Liability Coverage (Section I — Cover- cupied by, or rented or loaned to, any in- ages) is replaced by the following: sured. This insurance does not apply to: However, Subparagraph (a) does not apply POLLUTION to "bodily injury" if sustained within a building and caused by smoke, fumes, va- (1) "Bodily injury" or"property damage" arising out por or soot from equipment used to heat of the actual, alleged or threatened discharge, that building. dispersal, seepage, migration, release or es- cape of pollutants: • • CG 00 54 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 O • G= Customer Service Contacts Arkansas In the event you need to contact someone about this policy for any reason please contact your agent listed on the policy; or, if not shown there, as follows: Agency (name, address, phone) : THE CASHION COMPANY INC : 321 SCOTT : PO BOX 550 : LITTLE ROCK, AR 72203 : (501) 376-0716 You may also contact the customer service representative at one of the following addresses: For Agent Codes Tulsa Branch For Agent Codes Nashville Branch beginning with 05, General Accident Insurance beginning with 53, General Accident Insurance contact: Customer Service Department contact: Customer Service Department 2431 East 61st Street, Suite 600 555 Great Circle Drive Tulsa OK 74136-1234 Nashville TN 37228-0001 (918) 743-8141 (615) 255-6600 For Agent Codes Association and Franchise Branch For all other Agent General Accident Insurance beginning with 85, General Accident Insurance Codes, contact: Customer Service Department contact: Customer Service Department 436 Walnut Street The Bourse Bldg., 9th Floor Philadelphia PA 19106-3786 21 South 5th Street Toll-Free Call: 1-800-888-0995 P.O. Box 100 Philadelphia PA 1 91 05-01 00 Toll-Free Call: 1-800-289-4265 If you require additional information you may contact the Arkansas Insurance Department at either the following address or phone number: Arkansas Insurance Department Consumer Services Division 1200 West Third Street Little Rock AR 72201-1904 (501) 371-2600 G-5018 Rev. 9.96 • • This Policy Consists Of: — Declarations — One or More Coverage Parts. A Coverage Part Consists Of: • One or More Coverage Forms • Applicable Forms and Endorsements 1-2719 1.86 121 u Nuclear Energy Liability . Exclusion Endorsement (Broad 'Hirai) . 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily C. Under any Liability Coverage, to "bodily injury" or "property damage": injury" or "property damage" resulting from (1) With respect to which an "insured" under the "hazardous properties" of "nuclear the policy is also an insured under a material," if: nuclear energy liability policy issued by (1) The "nuclear material" (a) is at any Nuclear Energy Liability Insurance Associa- "nuclear facility" owned by, or operated by tion, Mutual Atomic Energy Liability Under- or on behalf of, an "insured" or (b) has writers, Nuclear Insurance Association of been discharged or dispersed therefrom; Canada or any of their successors, or would (2) The "nuclear material" is contained in be an insured under any such policy but "spent fuel" or "waste" at any time for its termination upon exhaustion of its possessed, handled, used, processed, limit of liability; or stored, transported or disposed of by or on (2) Resulting from the "hazardous properties behalf of an "insured"; or of "nuclear material" and with respect to (3) The "bodily injury" or "property damage" which (a) any person or organization is re- arises out of the furnishing by an "insured" quired to maintain financial protection pur- of services, materials, parts or equipment in suant to the Atomic Energy Act of 1954, or connection with the planning, construction, any law amendatory thereof, or (b) the "in- maintenance, operation or use of any sured" is, or had this policy not been "nuclear facility," but if such facility is issued would be, entitled to indemnity from located within the United States of the United States of America, or any agen- America, its territories or possessions or cy thereof, under any agreement entered Canada, this exclusion (3) applies only to into by the United States of America, or "property damage" to such "nuclear facili- any agency thereof, with any person or ty" and any property thereat. organization. B. Under any Medical Payments coverage, to ex- penses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic "Waste" means any waste material (a) containing or explosive properties; "by-product materials" other than the tailings or "Nuclear material" means "source material," wastes produced by the extraction or concentra- "Special nuclear material" or "by-product tion of uranium or thorium from any ore process- material"; ed primarily for its "source material" content, and "Source material," "special nuclear material," and (b) resulting from the operation by any person or "by-product material" have the meanings given organization of any "nuclear facility" included them in the Atomic Energy Act of 1954 or in any under the first two paragraphs of the definition of law amendatory thereof; nuclear facility. "Spent fuel" means any fuel element or fuel com- "Nuclear facility" means: ponent, solid or liquid, which has been used or (a) Any "nuclear reactor"; exposed to radiation in a "nuclear reactor;" (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel," or (3) handling, processing or packaging "waste"; IL 00 21 11 .85 Copyright, Insurance Services Office, Inc., 1983, 1984 L-2719 1.86 (2) • • (c) Any equipment or device used for the processing, and includes the site on which any of the forego- fabricating or alloying of "special nuclear material" ing is located, all operations conducted on such if at any time the total amount of such material in site and all premises used for such operations; the custody of the "insured" at the premises where "Nuclear reactor" means any apparatus designed such equipment or device is located consists of or or used to sustain nuclear fission in a self-support- contains more than 25 grams of plutonium or ing chain reaction or to contain a critical mass of uranium 233 or any combination thereof, or more fissionable material; than 250 grams of uranium 235; "Property damage" includes all forms of radioac- (d) Any structure, basin, excavation, premises or place tive contamination of property. prepared or used for the storage or disposal of "waste"; IL 00 21 11.85 Copyright, Insurance Services Office, Inc. 1983, 1984 L-2719 1.86 (2)