HomeMy WebLinkAbout23-79 RESOLUTIONr`
•
•
RESOLUTION NO. o3-` 9
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE LINDE DIVISION OF UNION CARBIDE
CORPORATION FOR THE PURCHASE OF LIQUID OXYGEN AND THE LEASING
OF OXYGEN INJECTION EQUIPMENT FOR THE FAYETTEVILLE POLLUTION
CONTROL PLANT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute an agreement with the
Linde Division of Union Carbide Corporation for the purchase
of liquid oxygen for the Fayetteville Pollution Control Plant.
A copy of said agreement, marked "Exhibit A", is attached
hereto and made a part hereof.
Section 2. That the Mayor and City Clerk are hereby
authorized and directed to execute an agreement with the
Linde Division of Union Carbide Corporation for the leasing
of oxygen injection equipment for the Fayetteville Pollution
Control Plant. A copy of said agreement, marked "Exhibit B",
is attached hereto and made a part hereof. y�
PASSED AND APPROVED this a9- day of (/ 1" Qy'c1
1979.
ATTEST:
.:'I 41%3
ri
CITY
LERK
NctEcieit
APPROVED:
MICROFILMED
DATE JUN 1 4 1979
REEL WC%
4
O. T. WILLIAMS, JR,
L. CARL YATES
• �3 �y clAi/5 (—a-3
MCG00DWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE. ARKANSAS
April 2, 1979
Mrs. Angela R. Medlock
City Clerk
City of Fayetteville
P. O. Drawer F
Fayetteville, Arkansas 72701
Dear Mrs. Medlock:
909 ROLLING HILLS DRIVE
FAYETTEVILLE. ARK. 72701
TELEPHONE 443-3404
Enclosed for your files is the original letter
from Union Carbide. Please note that the attached
contract is blank as to prices. I am sure that
Union Carbide will be furnishing to the city a new
contract within a few days.
OTW:sc
Enclosure
Very truly yo s
,k/Alf
lams, -.-�'
MICROFILMED
DATE JUL 1 6 1979
REEL
•
•
UNION
CARBIDE
UNION CARBIDE CORPORATION
LINDE DIVISION
TWO GREENWAY PLAZA EAST, HOUSTON, TEXAS 77046
March 9, 1979
McGoodwin, Williams & Yates
909 lolling Hills Drive
Fayetteville, AR 72701
Attention: Messrs. C. Yates & O. T. Williams
Consulting Engineers
Gentlemen:
City of Fayetteville - Fayetteville, Arkansas
This is in accordance with conversations that you have had with Messrs.
J. R. Almeida and A. Warakunski regarding the possibilities of Linde supply-
ing your liquid oxygen requirements in the near future. We understand that
the end use for oxygen will be for a side stream pumping system for your
sewage treatment plant. You anticipate your average volume to be in the
range of 125,000 cubic feet to 400,000 cubic feet per month. Since the problem
that you are now encountering with your water system only happen during the
warm months of the year, your requirement for oxygen will be mainly between the
months of May and October, or for a six (6) month period.
Our proposal is basically to provide the City of Fayetteville with a liquid
oxygen system and the flow control panel which would distribute oxygen through
a sparger into their treatment plant. This would, in turn, raise their "DO"
levels providing them with a suitable oxygen content in their water system.
To supply your oxygen requirements, Linde propose to install and maintain, at our
expense, cryogenic tankage of adequate size and capacity with the necessary
auxiliary equipment to meet your needs. The actual selection of the storage
unit will be determined by our local Production Department based upon availability
at the time of installation and after the completion of a site inspection. It
will be necessary for your company to provide a suitable foundation at a
mutually agreeable site, security fence (if required), lighting of the site
area, safe access roadway capable of supporting liquid transports weighing up
to 80,000 pounds, and the extension of your central pipeline distribution system
to the site area The site and installation must conform to all OSHA, NFPA, and
local regulations.
The following two-part price schedule, consisting of a product price and its
related service charge, will apply for oxygen delivered to your location:
Monthly Quantity
(in Cubic Feet) Purchased
91,000 - 187,500
187,500 - 571,429
Price Per 100 Service Charge
Cubic Feet Delivered Per Month
$ 0.49 $375.00
$ 0.41 $525.00
•
McGoodwin, Williams & Yates
Page 2 March 9, 1979
As an alternate to the two-part price schedule, we are pleased to offer the
block schedule as follows:
Monthly Purchases Price Per 100
in Cubic Feet Cubic Feet Delivered
First 20,000
Next 60,000
Next 120,000
Next 800,000
All Over 1,000,000
$2.00
$ .80
$ .49_
$ .41
$ .34
Under this schedule, the service charge is incorporated in the block billing.
All of the prices quoted herein are based on a twelve month period with the
understanding that the storage tank will remain at your location all year round
and the service charge in effect (under the two-part price schedule). Should
you accept our proposal and elect to have the storage unit removed after a six
month period, there will be an "installation and removal" charge on the equip-
ment in addition to the product price and service charge. This in and out
charge is determined by our Production Department based on the size storage unit
installed and the length of time it remains at your location.
Our proposal is subject to acceptance within 45 to 60 days fLcut date hereof and
to the terms and conditions of our standard Product Supply Agreement, Foran
L362-160, a copy of which is enclosed for your review. Union Carbide reserves
the right to review and revise this proposal after sixty days Our usual pay-
ment terms are "net cash 10th proximo".
In addition to a copy of the Product Supply Agreement, we have also enclosed
the following literature:
1. Standard Line Tankage
2. Safety Precautions for Oxygen
This proposal is mainly for the supply of oxygen and standard cryogenic equip-
ment. Mr. I. E. Randall of our Engineering Group will be submitting to you,
within a few days, a detailed proposal outlining our engineering capabilities,
providing information on the flow control panel and sparger, and other infor-
mation as it relates to your side stream pumping system.
Thank you for the opportunity to submit our proposal. Please contact Mr. Almeida
or this office at (713)621-1000, extension 320 for rendering service and/or
assistance. We look forward to supplying your oxygen requirements
CAM/ldh
Enclosures
Very truly yours,
lyn/ . Mackey
Sales Assistant
Industrial Gases Department
Southwest Region
•
• •
UNION CARBIDE CORPORATION
Linde Division
Product Supply Agreement
THIS AGREEMENT numbered 750084 A
UNION CARBIDE CORPORATION, a New York corporation, acting
Avenue, New York, New York 10017 (hereinafter called "Seller") and
(hereinafter called "Purchaser"); -
WITNESSETH:
and dated April 2. 1979 between
by its Linde Division and having an office at 270 Park
City of Fayetteville
Drawer F
City Hall
Fayetteville, Arkansas
In consideration of the mutual promises herein, Seller and Purchaser agree as follows:
1. Definitions. In this Agreement, the terms "Product," "Purchaser's Locations," "Basic Term," "Prices" and
"Purity Specifications" will have the respective meanings now or hereafter set forth in a Rider hereto and appropriately
signed or initialed by Purchaser and Seller.
' 2. Requirements. Seller hereby agrees to sell and Purchaser hereby agrees to purchase on the terms and conditions
hereinafter set forth Purchaser's total present and future requirements, in gaseous and liquid form, of Product other than in
cylinders for use at Purchaser's Locations, or if the operations at Purchaser's Locations are conducted at new locations, then
at such new locations. Such requirements will be supplied by delivery of Product by Seller in liquid or gaseous form,
whichever is appropriate, to one or morestorage units, each storage unit to include a storage tank or tanks, related control
equipment and, if required, vaporization equipment and to be installed only with Purchaser's consent.
3. Prices. Seller will invoice Purchaser and Purchaser will pay Seller for Product delivered hereunder each month in
accord with the Prices set forth in a Rider hereto for each location and manner of delivery as therein specified and as adjusted
in accord with Article 7 hereof. In addition, Purchaser will pay the amount of any sales, use or other excise tax now or
hereafter imposed by reason of any sale, delivery, charge or furnishing of any item hereunder. Terms of payment will be net
cash ten (10) days following date of invoice.
4. Delivery. Purchaser will give Seller reasonable advance notice of the quantities of Product needed for its use. Seller
will deliver such quantities within a reasonable time after receipt of order. The delivery of Product by Seller will constitute
Purchaser's purchase thereof, and the quantities delivered will be measured by Seller by the method it regularly uses for the
type of deiivery made.
5. Storage units and storage unit sites.
(a) Purchaser, at its expense 'will: provide a suitable site or sites for the storage unit or units with access either by
road or railroad siding as mutually agreed; construct a suitable foundation for each storage unit; erect and maintain a steel
security fence or furnish some other suitable barrier properly enclosing each storage unit site; obtain any necessary permits
and licenses for each storage unit; install and maintain a system for the distribution of Product from each storage unit to
Purchaser's points of use; and furnish utilities if required by Seller in connection with each storage unit, such as electric
power, water and/or steam, and the facilities to deliver such utilities to the point or points on each storage unit site
designated by Seller.
(b) Seller will: install each storage unit and make the connection to Purchaser's system for the distribution of
Product; maintain each storage unit; and remove each storage unit within a reasonable time after the termination of this
Agreement. Except as provided in Articles 5(c) and 7, such installation, maintenance and removal will be at Seller's expense.
Each storage unit will remain the property of Seller at all times.
L. 326 - 160 (For Storage Unit Deliveries]
Rey. 6/76
Agreement No 750084 A
r
•
•
(c) With Purchaser's'consent; Seller may remove any storage unit and install a replacement storage unit; The cost
of such removal and installation will be borne by Seller, except that where due to a substantial increase or decrease in the size
or change in Purchaser's requirements, the cost will be borne by Purchaser. If, due to a change in Purchaser's operation, it
becomes necessary to relocate and Seller relocates any storage unit, the cost of such.relocation will be borne by Purchaser. If
any storage unit is damaged by Purchaser, the cost of repairs will be borne by Purchaser.
(d) Purchaser grants to Seller the right of access to each storage unit site for the performance of this Agreement,
and Purchaser will use reasonable efforts to prevent persons other than Seller's representatives or Purchaser's employees
authorized by Seller from entering each storage unit site or altering, repairing or adjusting the storage unit or units on each
site.
(e) Purchaser will hold Seller harmless from and against liens and claims against each storage unit due to its
location on Purchaser's premises.
(f) If, at Purchaser's request, Seller delivers into any storage unit at any one time less than seventy-five per cent
(75%) of the capacity of such storage unit, Purchaser will pay Seller any special expenses incurred.
6. Specifications. Product delivered hereunder will meet the Purity Specifications set forth in a Rider hereto for
deliveries as therein specified. Purchaser may reject any Product which does not meet such specification, and no charge will
be made for Product so rejected. Purchaser acknowledges that it may obtain devices which have the capability of testing
whether Product delivered hereunder meets such specifications. No claim of any kind with respect to Product delivered
hereunder, whether or not based on negligence or warranty, shall be greater than the price of the Product in respect to which
such claim is made. THERE ARE NO EXPRESS WARRANTIES BY SELLER OTHER THAN THOSE SPECIFIED IN THIS
ARTICLE 6. NO WARRANTIES BY SELLER (OTHER THAN WARRANTY OF TITLE AS PROVIDED IN THE
UNIFORM COMMERCIAL CODE) SHALL BE IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM
COMMERCIAL CODE, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE.
7. Price Changes. Seller will have the right to increase or decrease the Prices set forth in a Rider hereto by giving
Purchaser written notice thereof. Said increase or decrease shall be effective as to all deliveries made on and after the date
specified in the written notice; provided, however, that in the case of an increase: the effective date shall not be less than
thirty (30) days after said notice; and if Purchaser, within fifteen (15) days after said notice, furnishes Seller evidence that
Purchaser can purchase Product from a responsible seller in like quantities under similar conditions and at a lower price, and
if, within fifteen (15) days thereafter Seller does not agree to meet said lower price, Purchaser will have the right within ten
(10) days thereafter to terminate this Agreement as to the location and manner of delivery for which such lower price is
offered by giving Seller not less than ten (10) days' prior written notice. If deliveries to any storage unit are so terminated,
the cost of removal of such storage unit will be borne by Purchaser. Purchaser's right of termination under this Article 7 will
not apply to any change in price hereunder which arises from a change in storage unit size.
8. Contingencies. Neither party hereto will be liable to the other for default or delay in the performance of any of its
obligations hereunder due to Act of God, accident, fire, flood, storm, riot, war, sabotage, explosion, strike, labor disturbance,
national defense requirement, governmental law, ordinance, rule or regulation, whether valid or invalid, inability to obtain
electricity or other type of energy, raw material, labor, equipment or transportation, or any similar or different contingency
beyond its reasonable control which would make performance commercially impracticable whether or not the contingency is
of the same class as those enumerated above, it being expressly agreed that such enumeration shall be nonexclusive. In the
event any such contingency affects only a part of Seller's capacity to produce and/or deliver Product, Seller will allocate
production and/or deliveries among the requirements of all its regular customers at that time and Seller's own requirements in
a fair and reasonable manner.
L 326 - 160
Rev. 10/76
•2
750084
Agreement No A
•
•
•
4
9. Liability. Purchaser acknowledges chat there are hazards associated with the use of Product. Purchaser agrees chat
its personnel concerned with Product are aware of the hazards and assumes all responsibility for the warning of its employees
and independent contractors of all hazards to persons and property in any way connected with Product. Purchaser also
assumes all responsibility for the suitability and the results of using Product alone or in combination with ocher articles or
substances and in any manufacturing, medical or other process or procedure. Seller will not be liable for any incidental or
consequential damages arising from non -willful failure to deliver Product hereunder.
10. Assignment. Any assignment of this .Agreement by either party without the prier written consent of the other
party will be void.
I 1. Notice. Any notice by letter under chis Agreement will be deemed given on the date such letter is posted.
12. Applicable Law. This Agreement will be governed by the law of the state first mentioned in the specification of
Purchaser's Locations in the first Rider hereto.
13. Impairment of Credit. Seller may cancel and terminate this Agreement at any time on written notice* to Purchaser:
if a petition- is brought under the present or any future federal or state bankruptcy or insolvency act seeking any reorgani-
zation, arrangement, readjustment, liquidation, dissolution or sintiiar relief with respect to Purchaser; if a receiver is
appointed for Purchaser; or if, in Seller's opinion, Purchaser becomes insolvent or its credit becomes impaired.
14. Term. Except as provided in Articles 7 and 13, this Agreement will be in effect from the date hereof and will
continue in effect thereafter as to each storage unit or replacement storage unit until the period of the Basic Term after the
first delivery to each such unit or replacement unit, and will continue in effect thereafter as to each such unit or replacement
unit until either party gives not less than. twelve (12) months' prior written notice of termination with respect to such unit or
replacement unit.
15. Prior Agreements. This Agreement supersedes any prior agreement or agreements between Purchaser and Seller for
delivery of Product to Purchaser's Locations, but this Agreement shall not be construed as a renunciation or discharge of any
claim in damages for an antecedent breach.
16. Entire Agreement. The entire agreement is contained herein and in the Riders hereto. There are no other
promises, representations or warranties affecting this Agreement, and any other or different terms or conditions in any
purchase orders issued or accepted hereunder shall be deemed null and void.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written.
.City of F t{pWille
(PtJR�ASER)
By l/ V "'6-%%9—
L 326-160
Rev. 10/76
0iattack
.1.4104
GeoAk
UNION CARBIDE CORPORATION
Linde Division
Submitted By
43r
Accepted.
Title
1'
J�erfl j !
�. r a ante,
Manager of Sales
Industrial Gases Department
Southwest Region
Agreement No. 750084 A
•
In the Agreement
Oxygen
,means
RIDER
numbered 750084 A and dated Apri 1 2, 197 9 "Product"
(insert 'eneric name of product, e.g., oxygen, nitrogen, etc.), and as to this definition of Product:
"Purchaser's Locations" means
Fayetteville, Arkansas
(insert city and state of each location covered)
"Basic Term" means Three
(_) years
"Prices" for deliveries to the below specified storage units are:
Location or other
identification
Fayetteville, Arkansas
Charge per 100 cubic
feet of Product
First 20,000 - $2.00
Next 60,000 - $0.80
Next 120,000 - $0.49
Next 800,000 - $0.41
All Over 1,000,000 - $0.34
Mi
Service charge per Month
effective on installation of -storage unit.
None
"Purity Specifications" for storage unit deliveries are:
99.5%
This Rider shall become effective Date of Initial Fill.
City of Fayetteville
rTitle
"i : noir' Nom. .3CVp
ac.,a'
Date. '^-/
�. »&4C/C.
RIDER — SELLER UNIT
L 326 160 (For Storage Unit C,liveries'
Rev. 6/76
•
UNION CARBIDE CORPORATION
Linde Division
Submitted By
J/ R.
1/ `
Accepted.• ;94241
D. H. 'alante, Jr.
Title Manauer of Sales
Industrial Gases Department
Southwest Region
Agreement No
750084
•
O. T. WILLIAMS. JR.
L. CARL YATES
Re:
MCGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE. ARKANSAS
April 10, 1979
Owner's/Engineer's Contingent
Liability Insurance Policy
Modifications to Sewage Treatment Plant
Fayetteville, Arkansas
Mr. Donald L. Grimes
City Manager
City of Fayetteville
Fayetteville, Arkansas
Dear Mr. Grimes:
909 ROLLING HILLS DRIVE
FAYETTEVILLE. ARK. 72701
TELEPHONE 443-3404
RECrivr
AP;
Enclosed is the city's copy of the Owner's/Engineer's
contingent liability policy for the modification work
being done by Bennett Construction Company to the city's
Sewage Treatment Plant.
Although this policy has just now been issued, it
has been "bound" and in effect since start of construction.
OTW:jr
Enclosure
•
•
GENERAL LIAUILILT•AUTUMUWILE POLICYElE-- -
1111
at .
PEE
U
ME CASUALTY CORPORATION CAPITAL STOCK COMPANIES
�J FIRS 6 MARINE INS. CO. ROCK ISLAND, ILLINOIS 61201
1A9 ‘CileJ
R e cPs
A4 c�N��Ro �Ro ��,
.NF,t\ FiCP� 1.o No. GI. 1 154 237
1t G�.
3250.5
�PC�
"'' I,; r Br s ares i t ..
Telephone 561 3456
Ward Parkway • Kansas City, Mo. 64112 1I
fAT`C t' Ceti. aA
_Ji
POLICY PROVISIONS —PART A
THE INSURANCE COMPANY WHOSE NAME IS DESIGNATED ON THE DECLARATIONS BY 12 IS THE COMPANY PROVIDING THE INSURANCE.
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof anject to all of the terms of this policy,
agrees with the named insured as follows:
DEFINITIONS
(c) operations far wh
manual specifies
When used in this policy (including endorsements forming a part hereof):
"automobile" means a land motor vehicle, trailer or semi -trailer designed for
travel on public roads (including any machinery or apparatus attached thereto),
but does not include mobile equipment;
"bodily injury" means bodily njury, sickness or disease sustained by any person
which occurs during the pol cy period, including death at any time resulting
therefrom;
"collapse hazard" includes "structural property damage" as defined herein and
property damage to any other property at any time resulting therefrom. "Str
property damage" means the collapse of or structural injury to any b
structure due to (1) grading of land, excavating, borrowing, filling, b
ovin
r
oes no
insure
hazard
umed
tunnelling pile driving, cofferdam work or caisson work or (2)
underpinning, raising or demolition of any building or struc
rebuilding of any structural support thereof. The collapse
property damage (1) arising out of operations performed fo
independent contractors, or (2) included within the ple
or the underground property damage hazard, or gL ich
by the insured under an incidental contract;
c .ssificatio'
omplete
ed in the policy or in the company's
'1c ,',erations";
"elevator" a . any hi ti • ring device to connect floors or landings,
whether ,r •t i rvice, a ppliances thereof including any car, platform,
shaft, of , t way, ru .y, power equipment and machinery; but does not
include n o 1, i . servicing hoist, or a hoist without a platform outside a
ling anical power or if not attached to building walls, or a
or mat- is t sed in alteration, construction or demolition operations, or
lined c•1v.yor used exclusively for carrying property or a dumbwaiter used
e ely for carrying property and having a compartment height not exceeding
fou
"explo'n hazard" includes property damage arising out of blasting or explosion.
e explosion hazard does not include property damage (1) arising out of the ex-
osion of air or steam vessels, piping under pressure, prime movers, machinery
or power transmitting equipment, or (2) arising out of operations performed for
the named insured by independent contractors, or (3) included within the com-
pleted operations hazard or the underground property damage hazard, or (4) for
which liability is assumed by the insured under an incidental contract;
"incidental contract" means any written (1) lease of premises, (2) easement
agreement, except in connection with construction or demolition operations on or
adjacent to a railroad, (3) undertaking to indemnify a municipality required by
municipal ordinance, except in connection.with work for the municipality, (41 side-
track agreement, or (5) elevator maintenance agreement;
"insured" means any person or organization qualifying as an insured in the "Per-
sons Insured" provision of the applicable insurance coverage. The insurance
afforded applies separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the company's liability;
"mobile equipment" means a land vehicle (including any machinery or apparatus
attached thereto), whether or not self-propelled, (1) not subject to motor vehicle
registration, or (21 maintained for use exclusively on premises owned by or rented
to the named insured, including the ways immediately adjoining, or (3) designed
for use principally off public roads, or (4) designed or maintained for the sole
purpose of affording mobility to equipment of the following types forming an in-
tegral part of or permanently attached to such vehicle: power cranes, shovels,
loaders, diggers and drills; concrete mixers (other than the mix -in -transit type);
graders, scrapers, rollers and other road construction or repair equipment; air -
compressors, pumps and generators, including spraying, welding and building
cleaning equipment; and geophysical exploration and well servicing equipment;
"named insured" means the person or organization named in Item 1. of the decla-
rations of this policy;
"named insured's products" means goods or products manufactured, sold, handled
or distributed by the named insured or by others trading under his name, including
any container thereof (other than a vehicle), but "named insured's products" shall
not include a vending machine or any property other than such container, rented
to or located for use of others but not sold;
"completed operations hazard" includes bodily -uI .4ii1• , roperty mage arising
—6- t.of-operations or reliance upon a r ..entail. or arranty made at any time
with respect thereto, but only if th 'o'' njury or erty damage occurs after
such operations have been comptet d a•- ed an' • • urs away from premises
owned by or rented to the named s d "0• rations' include materials, parts
or equipment furnished in connection ewil 1 perations shall be deemed com-
pleted at the earliest of the following ti
(1) when all operations to be performe• or on behalf of the named insured
under the contract have been completed,
(2) when all operations to be performed by or on behalf of the named insured at
the site of the operations have been completed, or
(3) when the portion of the work out of which the injury or damage -arises has
been put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal
as a part of the same project.
Operations which may require further service or maintenance work, or correc-
tion, repair or replacement because of any defect or deficiency, but which are
otherwise complete, shall be deemed completed.
The completed operations hazard does not include bodily injury or property
damage arising out of
(a) operations in connection with the transportation of property, unless the bodily
injury or property damage arises out of a condition in or on a vehicle created
by the loading or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or unused ma-
terials. or
GA6300XF (1-1-73) (9-78 1150001-1170000)
AG -00-01
Ptd. in U.S.A.
"occurnnee" means an accident, including continuous or repeated exposure to
conditions, which results in bodily injury or property damage neither expected
nor intended from the standpoint of the insured;
"policy territory" means:
(1) the United States of America, its territories or possessions, or Canada, or
(2) international waters or air space, provided the bodily injory or property dam
age does not occur in the course of travel or transportation to or from any
other country, state or nation, or
(3) anywhere in the world with respect to damages because of bodily injury or
property damage arising out of a product which was sold for use or consump-
tion within the territory described in paragraph (1) above, provided the original
wit for such damages is brought within such territory;
"products hazard" includes bodily injury and property damage arising out of the
named insured's products or reliance upon a representation or warranty made at
any time with respect thereto, but only if the bodily injury or property damage
occurs away from premises owned by or rented to the named insured and after
physical possession of such products has been relinquished to others; •
"property damage" means (1) physical injury to or destruction of tangible prop-
erty which occurs during the policy period, including the Toss of use thereof at
any time resulting therefrom, or (2) loss of use of tangible property which has
not been physically injured or destroyed provided such loss of use is caused by
an occurrence during the policy period;
"underground property damage hazard" includes underground property damage as
defined herein and property damage to any other property at any time resulting
therefrom. "Underground property damage" means property damage to wires,
conduits, pipes, mains, sewers, tanks. tunnels, any similar property, and any
apparatus in connection therewith, beneath the surface of the ground or water,
caused by and occurring during the use of mechanical equipment for the purpose
of grading land, paving, excavating, drilling, borrowing, filling, back -filling or pile
driving. The underground property damage hazard does not include property dam-
age (1) arising out of operations performed for the named insured by independent
contractors, or (2) included within the completed operations hazard, or (3) for
which liability is assumed by the insured under an incidental contract.
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of liability:
(a) all expenses incurred by the company, all costs taxed against the insured in
any suit defended by the company and all interest on the entire amount of any
judgment therein which accrues after entry of the judgment and before the
company has paid or tendered or deposited in court that part of the judgment
which does not exceed the limit of the company's liability thereon;
(b) premiums on appeal bonds required in any such suit, premiums on bonds to (d)
release attachments in any such suit for an amount not in excess of the
applicable limit of liability of this policy, and the cost of bail bonds required
(c)
of the insured because of accident or traffic law violation arising out of the use
of any vehicle to which this policy applies, not to exceed $250 per bail bond,
but the company shall have no obligation to apply for or furnish any such
bonds;
expenses incurred by the insured for first aid to others at the time of an acci-
dent, for bodily injury to which this policy applies;
reasonable expenses incurred by the insured at the company's request in
assisting the company in the investigation or defense of any claim or suit,
including actual loss of earnings not to exceed $25 per day.
CONDITIONS
1. Premium: All premiums for this policy shall be computed in accordance with
the company's rules, rates, rating plans, premiums and minimum premiums appli-
cable to the insurance afforded herein.
Premium designated in this policy as "advance premium" is a deposit premium
only which shall be credited to the amount of the earned premium due at the
end of the policy period. At the close of each period (or part thereof terminating
with the end of the policy period) designated in the declarations as the audit
period the earned premium shall be computed for such period and, upon notice
thereof to the named insured, shall become due and payable. If the total earned
premium for the policy period is less than the premium previously paid, the
company shad return to the named insured the unearned portion paid by the
named insured.
The named insured shall maintain records of such information as is necessary
for premium computation, and shall send copies of such records to the company
at the end of the policy period and at such times during the policy period as the
company may direct.
2. Inspection and Audit: The company shall be permitted but not obligated to
inspect the named insured's property and operations at any time. Neither the
company's right to make inspections nor the making thereof nor any report there-
on shall constitute an undertaking, on behalf of or for the benefit of the named
insured or others, to determine or warrant that such pmperty or operations are
safe or healthful, or are in compliance with any law, rule or regulation.
The company may examine and audit the named insured's books and records at
any time during the policy period and extensions thereof and withi three years
after the final termination of this policy, as far as they relate to the subject
matter of this insurance.
3. Financial Responsibility Laws: When this policy is certified as proof of financial
responsibility for the future under the provisions of any motor vehicle financial
responsibility law, such insurance as is afforded by this policy for bodily injury
liability or for property damage liability shall comply with the provisions of such
law to the extent of the coverage and limits of liability required by such law.
The insured agrees to reimburse the company for any payment made by the com-
pany which it would not have been obligated to make under the terms of this
policy except for the agreement contained in this paragraph.
4. Insured's Duties in the Event of Occurrence, Claim or Suit: -
(al In the event of an occurrence, written notice containing particulars sufficient
to identify the insured and also reasonably obtainable information with respect
to the time, place and circumstances thereof, and the names and addresses of
the injured and of available witnesses, shall be given by or for the insured to
the company or any of its authorized agents as soon as practicable.
(b) If claim is made or suit is brought against the insured, the insured shall im-
mediately forward to the company every demand, notice, summons or other
process received by him or his representative.
(c) The Insured shall cooperate with the company and, upon the company's
request, assist in making settlements, in the conduct of suits and in
enforcing any right of contribution o indemnity against any person or
organization who may be liable to the nsured because of injury or damage
wi h respect to which insurance is afforded under this policy; and the insured
shall attend hearings and trials and assist in securing and giving evidence
and obtaining the attendance of witnesses. The insured shall not, except at
his own cost, voluntarily make any payment, assume any obligation or incur
any expense other than for first aid to others at the time of accident.
5. Action Against Company: No action shall lie against the company unless, as a
condition precedent thereto, there shall have been full compliance with all of the
terms of this policy, nor until the amount of the insured's obligation to pay shall
have been finally determined either by judgment against the insured after actual
trial or by written agreement of the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has secured
such judgment or written agreement shall thereafter be entitled to recover under
this policy to the extent of the insurance afforded by this policy. No person or
organization shall have any right under this policy to join the company as a party
to any action against the insured to determine the insured's liability, nor shall
the company be impleaded by the insured or his legal representative. Bankruptcy
or insolvency of the insured or of the insured's estate shall not relieve the com-
pany of any of its obligations hereunder.
6. Other Insurance: The insurance afforded by this policy is primary insurance,
except when stated to apply in excess of or contingent upon the absence of other
insurance. When this insurance is primary and the insured has other insurance
which is stated to be applicable to the loss on an excess or contingent basis, the
amount of the company's liability under this policy shall not be reduced by the
existence of such other insurance.
When both this insurance and other insurance apply to the loss on the same
basis, whether primary, excess or contingent, the company shall not be liable
under this policy for a greater proportion of the loss than that stated in the
applicable contribution provision below:
(a) Contribution by Equal Shares. If all of such other valid and collectible insur-
ance provides for contribution by equal shares, the company shall not be liable
for a greater proportion of such loss than would be payable if each insurer
contributes an equal share until the share of each insurer equals the lowest
applicable limit of liability under any one policy or the full amount of the loss
is paid, and with respect to any amount of loss not so paid the remaining
insurers then continue to contribute equal shares of the remaining amount
of the loss until each such insurer has paid its limit in full or the full amount
of the loss is paid,
(b) Contribution by Limits. If any of such other insurance does not provide for
contribution by equal shares, the company shall not be liable for a greater
proportion of such loss than the applicable limit of liability under this policy
for such loss bears to the total applicable limit of liability of all valid and
collectible insurance against such loss.
7. Subrogation: In the event of any payment under this policy, the company shall
be subrogated to all the insured's rights of recovery therefor against any person
or organization and the insured shall execute and deliver instruments and papers
and do whatever else is necessary to secure such rights. The insured shall do
nothing after loss to prejudice such rights.
8. Changes: Notice to any agent or knowledge possessed by any agent or by any
other person shall not effect a waiver or a change in any part of this policy or
estop the company from asserting any right under the terms of this policy; nor
shall the terms of this policy be waived or changed, except by endorsement issued
to form a part of this policy.
9. Assignment: Assignment of interest under this policy shall not bind the com-
pany until its consent is endorsed hereon; if, however, the named insured shall
die, such insurance as is afforded by this policy shall apply (I) to the named
insured's legal representative, as the named insured, but only while acting within
the scope of his duties as such, and (2) with respect to the property of the
•
•
No. GL 1 154 237
DAILY REPORT —GENERAL LIABILITY—AUTOMOBILE POLICY Ate'.,
tem 1. Named Insured and Address: (No., Street, Town or city, County, State, Zip)
E CITY OF FAYETTEVILLE ARKANSAS &/OR T
•MCGOODWIN, WILLIAMS & YATES, INC.
CONSULTING ENGINEERING C/O McGOODWIN
WILLIAMS & YATES, INC., 909 ROLLING
L BILLS DR., FAYETTEVILLE, WASBINGTON_eJ AK
Item 2. Policy Period: (ENTER Mo. Day Yr. .ELOW) 72701
From FEBRUARY 27, 1.979
12:01 A.M., standard time at
to FEBRUARY 27, 1980 the address of the named
Insured as stated herein.
Business of the named insured is: (ENTER BELOW)
RENEWAL OF NO. (ENTER BELOW)
NEW
The named insured is:
•
•
Corporation ❑ Joint Venture
Individual ] Other:MUNICImALITY
Partnership
Audit Period: Annual, unless otherwise stated.
Item 3. The insurance afforded is only with respect to such of the following
coverage parts as are indicated herein by specific premium charge or charges
and such of the coverages under each such coverage part as are indicated
therein by specific premium charge or charges.
Advance Premiums
Coverage Part(s)
Automobile Medical Payments Insurance
Automobile Physical Damage Insurance (Dealers)
$
Automobile Physical Damage Insurance (Fleet Automatic)
Automobile Physical Damage Insurance (Non -Fleet)
$
Basic Automobile liability;lnsurance
$
Completed Operations and Products Liability Insurance
Comprehensive Automobile Liability Insurance
Comprehensive General Liability Insurance
$
Comprehensive Personal Insurance
$
Contractual Liability Insurance
$
Garage Insurance
Manufacturers' and Contractors' Liability Insurance
$ 86.
Owner's and Contractor's Protective Liability Insurance
Owners', Landlords' and Tenants' Liability Insurance
Personal Injury Liability Insurance
Premises Medical Payments Insurance
Uninsured Motorists Insurance
$ 86.
Total Advance Premium for this policy
Form numbers of endorsements attached to policy at issue
1. GL 0019
2. G 307
3. p34h
If the Policy Period is more than one year and the premium is to be paid in
installments, premium is payable on:
Effective Date
1st Anniversary
2nd Anniversary
`Not applicable In Texas
Counterll Lj fo..Day;r.1°79
at
Kansas City, MO
References in this policy to the Company mean the Company designated below by the letter X
ISG BITUMINOUS CASUALTY CORPORATION
GA622e(DR.) (1-1-731 19-78)
by
R JONES CORPORATION
By
AUTHORIZED REPREREN
I'J BITUMINOUS FIRE AND MARINE INS
ROCK ISLAND. ILLINOIS 61201
BCO 20 0N660 DR 3/16/79
ANCE COMPANY
SIC NO
1541
MK NO
sAANoiosnCeOlOBOWAGENT
81
K.C.
IstOOLICI
R. B. JONES CORP. (K.C. DIV.)
(Vainest
K.C.
[Earned 9w
295
PA..,NS
A
VNETIY! GA.,! ATIGN 2/WR
2/27/79 27/80
•Evey
raw 1 yr�
BLOWING
COVERAGE PART
•
For attachment to Policy No.
Designation of Contractor
Mailing Address ,
Location of Covered
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
GL 1 154 237 to complete said policy.
ADDITIONAL DECLARATIONS
(ENTER 1116LOW1
BENNETT CONSTRUCTION CO., INC.
66EOW)
L 6413
(Ed. 1-73)
3252 ROANOKE ROAD, KANSAS CITY, MISSOURI 64111
Operations mN1.6..6Law,
SEWER PLANT MODIFICATION FOR CITY OF FAYETTEVILLE, ARKANSAS
El Check here if the following provision is applicable:
The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums,
if ny, which may become payable under the terms of this policy.
SCHEDULE
The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's
liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.
Advance Premiums
Limits of Liability -
Rates
Premium Bases
Coverages
$100 of cost
Cost
$ 41. MP
$5001000 each occurrence
$ .0469
$ 17, 000
A—Bodily Injury Liability
$ 30. MP
$100,000
$200,000
each occurrence
aggregate
$ .0218
$ 17,000
8—Property Damage Liability
$ 15. 1 291 Construction Operations Contractor Form numbers of endorsements attached at issue
$ 86. TotalAdvancePremium
(Not railroads) excluding operations on board ships.
901 INCREASED LIMITS BREAKDOWN $10 BI & $5 PD
When used as a premium basis:
"cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent
contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or
delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or
commissions made, paid or due.
I. COVERAGE A—BODILY INJURY LIABILITY
COVERAGE B—PROPERTY DAMAGE LIABILITY
The company will pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of
A. bodily injury or
8. property damage
to which this policy applies, caused by an occurrence and arising out of (1) opera-
tions performed for the named insured by the contractor designated in the dec-
larations at the location designated therein or (2) acts or omissions of the named
insured in connection with his general supervision of such operations, and the
company shall have the right and duty to defend any suit against the 'nsured
seeking damages on account of such bodily injury or property damage, even if any
of the allegations of the suit are groundless, false or fraudulent, and may make
such investigation and settlement of any claim or suit as it deems expedient, but
the company shall not be obl gated to pay any claim or judgment or to defend any
suit after the applicable limit of the company's liability has been exhausted by
payment of udgments or settlements.
Exclusions
This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement except an
incidental contract; but this exclusion does not apply to a warranty that work
performed by the designated contractor will be done in a workmanlike manner;
(b) to bodily injury or propertydamageoccurring after
(1) all work on the project (other than service, maintenance or repairs) to be
perfo med by or on behalf of the named insured at the site of the covered
operations has been completed or
(2) that portion of the designated contractor's work out of which the injury or
damage arises has been put to its intended use by any person or organiza-
tion other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project;
(c) to bodily injury or property damage arising out of any act or omission of the
named 'nsured or any of his employees, other than general supervision of
work pe formed for the named insured by the designated contractor;
to any obligation for which the insured or any carrier as his insurer may be
held liable under any workmen's compensation, unemployment compensation or
disability benefits law, or under any similar law;
to bodily injury to any employee of the insured arising out of and in the course of
his employment by the insured or to any obligation of the insured to indemnify
another because of damages arising out of such injury; but this exclusion does not
apply to liability assumed by the insured under an incidental contract;
(f) to property damage to
(1) property owned or occupied by or rented to the insured,
(2) property used by the insured,
(3) property in the care, custody or control of the insured or as to which the
insured is for any purpose exercising physical control, or
(4) work performed for the insured by the designated contractor;
(g) to bodily injury or property damage due to war, whether or not declared, civil
war, insurrection, rebellion or revolution or to any act or condition incident to
any of the foregoing, with respect to (1) liability assumed by the insured under
an incidental contract, or (2) expenses for first aid under the Supplementary
Payments provision of the policy;
(h) to bodily injury or property damage arising out of (1) the ownership, mainte-
nance, operation, use, loading or unloading of any mobile equipment while
being used in any prearranged or organized racing, speed or demolition
contest or in any stunting activity or in practice or preparation for any such
contest or activity or (2) the operation or use of any snowmobile or trailer
designed for use therewith;
(i) to bodily injury or property damage arising out of the discharge, dispersal;
release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi-
cals, liquids or gases, waste materials o other irritants, contaminants or
pollutants into or upon land, the atmosphe e or any water course or body of
water; but this exclusion does not apply if such discharge, dispersal, release
or escape is sudden and accidental;
(j) to loss of use of tangible property which has not been physically injured or
destroyed resulting from
(1) a delay in or lack of performance by or on behalf of the named insured
of any contract or agreement, or
(2) the failure of the named insured's products or work performed by or on
(over)
1.
s 4a
monmon!4M amp Apedud 10 Axe •p4 WN hued sip o!w!M
I I pI1W al Apo sawn. Lolled sly'
AH0110N31 A31104 'A
'q4!M
-amp ual3auuo3 u! pagspun; luawd!nba pee sped 's!nxlew sapnpu! „ezaw„
gA3g0d all 10 ped
e Hu!uuo; quawaszopua Hwpnpup a30/msw slip o4 rruua;a! u! pasn uagM
NOIIINIA30 70101110011 'Al
•eoueuaala auo 40 leo Hu!s!re se
pauap!suo3 aq 1!eis suo!l!puo3 !weed awes a9gg A!!e!lue sans of amsodxa pawed41 JO snanu!4uo3 to we SuppeOne, Ipalaid pus Amp! Age! Ile 'AAI!ge!I
s,Auedwo3 an I!w!I alp Huiu!wialap 40 asodind 9114 uoi—p pue a selesep
ud
4310 of laodsai 1141M pa;eades Male!!e4s 111011 geded3s pas 'a!nPe43sl 44ou!
pejeuJlsap 11 43eloud auo uei4 wow 41 •„03d01UUe„ se 0Ineag3s 141 al Palos
Q!IIR!I Ohm” ipHud ;o NMI all 1003xo lou !pais 0011001 ;BuaAo3 s!4l
43!4M 01 as/ Apedeal 11 40 asne3aq sa8ewep Ile 104 Auedwoo 0111 A1!10011
0101 043 1„0,eu3N3e0 4319„ 8u!130ds9J uo!s!Aad .Adge 041 04 pafgnS
sauaaa 13'0„ of slge3!Idde se a!npegos aft u! pawls
pll!ga!I acne &pedalum;o l!w!! 0114 pea3xe lou els eleuzeoeo auo Aue ;o
ipso/ ail se suo!la!uetio 10 suosied glow JO auo Aq pau!e sns siewep &pedal
0e;o asne3aq sa8ewep pe 104 Auedwoo ¢41 40 A40!ge!! !enol ail—g deemed
aeeeun33a peas, of alge3!Idde se 0!npe43s 9ql u! paleys Al!!!ge!I hip! +Glpoq to
1111111 0114 peaoxe pu Heys •01urn350 an Aue;o 1!nsau RD se suosied aiow io
OLIO Aq pau!elsns Amp! Appal 4o asne3aq 's03!AJes;o ssoq pue aie3 Jo; saaewep
Hu!pnpu! 'sa8ewep Ile 101 Auedwoo 943 is A11119011 10404 a41 --r efuao0
•
•
•
•
NUNnP1ny I
s! AWN!!s,Auedwo3 401101 se peptic! mp Apedea 10 eI Allpaq 10 luno33e uo 34Hnaq
ue
suns 10 apew sel3 (E) 10 askewApedezd 10 Ax(NI Awe. menus oq* suo!;ez
-pagan suoszad (y)1A3!!0d s!g zapun weenie (1) 40 xgwnu aw 40 ssalpue8as
&Liliall AO SIIN11 111
'passu Pia 1gl J04 J12euew moo !ea se Hug3e 91!11*
uopepueHuo ro puna! pewee al4 4o ea&01dw1 ue uew xglo! wowed Aue (p)
w
adoos all !M Suppe awe pun !goes se snap s!q ;o
4l i 14M loaua44 zapla4eaols .10 J0pa!p 'nap enemata
Aue Dae paleua!sap os uo!lu!ueHJ 0g 'papa lu!of 10 d!4siouped 'len
-P1011114118 ling rago se sualaiepap ad u! po4su8!sap s! pease! pewee 9431! (3)
!43ns se API!ga!1 5!4 04 4sadsai w!M Aluo lnq loajagl spew
10 xuped Aue pus papnalsap os annum le!of 10 d!4suauped 041 'aqua&
w!01 u0 d!gaaupod s se suo!papap aw u! p04 u1!sap s! posse! posse alp;! pp
:sands s!4 pue paleui!sep 0s
uosxd awlenpwpu! lie se suopenpap 941 u! pewuB!sap s! pansg pewee aw;! (e)
111101 Ps wawa all 01 hoeds!q4 $pun perm lie s! Hu!Mo1101 all 40 4313
OMNI NOM 11
'puneel lie ling nip uog1z!ue8z0 uo uoaod
Aue Aq ase 01 Ind uaaq anal end JO spnpoud qons ape paw! pewee
alp 10 tlegaq 110 10 Aft pawio pad pow Jo slonpud spawn! peweu 0114
;o uo!pm4sap JO 04 Al* le3!sAgd !e4uopp39 pue opens 9ql sou; Humnsai
Apadad alq!8uel moo ;o asn ;o ssoi of pdde lou scop uo!sn!3xa s!q4 ;nq
puneel pawn all 6q paluasaida! 10 pa;uuieM pplgemp io ssaul4
q!!enb 'eauewiopped ;o !Mai ag ;MU 01 punsu! pawn KR 40 ;!e4aq
,,,,AAl,.t
GL 00 19 07 78 •
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement Effective Policy No. Endorsement No.1
Named Insured R. 8. J&NES CORPORATION
Countersigned by
4 14 4
(Authorized Representat
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
GENERAL LIABILITY INSURANCE
SMP LIABILITY INSURANCE
BUSINESSOWNERS POLICY
AMENDATORY ENDORSEMENT -ADDITIONAL. DEFINITION
It is agreed that the following definition is added:
"loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted far movement into or onto
an automobile or while it is in or on an automobile or while it is being moved from an automobile to the place where it is finally delivered, but "loading or unloading"
does not include the movement of property by means of a mechanical device (other than a band truck) not attached to the automobile.
GL 00 19 07 78
ftn•
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No.
Named Insured
Countersigned by
G307
(Ed. 1-73)
Endorsement No. 2
R. B JONES CORPORATION
at- 462.41i 4
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS OR CONTRACTORS PROTECTIVE LIABILITY INSURANCE
SMP LIABILITY INSURANCE
EXCLUSION
(Engineers, Architects or Surveyors Professional Liability)
It is agreed that the insurance 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 the named insured, including
(1) the preparation or approval of maps, plans, opinions, reports, surveys, designs or specifications and
(2) supervisory, inspection or engineering service&
G307 (Ed. 1-73)
•
This endorsement, effective
issued to
V' '. VV vy....w
'Oyuon "el En `Vol12,1c YmWI/
Pr
COUNTERSIGNATURE ENDORSEMENT
February 27, 1979
(12:01 A.M., standard time)
CITY OF FAYETTEVILLE, ARKANSAS
by r EkBITUMINOUS CASUALTY CORPORATION
(' " designates the Insuring company)
STATE:
ARKANSAS
END.
3
forms apart of policy No. GL 1 154 237
0 BITUMINOUS FIRE AND MARINE INSURANCE COMPANY
It is agreed that the signature appearing on this endorsement is the signature of a person duly
authorized to countersign on behalf of the Company in the state designated above and which is
appended hereto in conformity with the insurance laws of that state.
CountersignedFebruary 27,
P4c (&7a)
19 79 at
Little Rock, Arkansas b,.
Authorized Signature
•
•
•
•
Insert Part B here so that top edge butts against above fold
Attach Coverage Part(s) and Endorsement(s) (If Any) Here
named insured, to the person having proper temporary custody thereof, as insured,
but only until the appointment and qualification of the legal representative.
10. Three Year Policy: If this policy is issued for a period of three years any
limit of the company's liability stated in this policy as "aggregate" shall apply
separately to each consecutive annual period thereof,
11. Cancellation: This policy may be cancelled by the named insured by sur-
render thereof to the company or any of its authorized agents or by mailing to
the company written notice stating when thereafter the cancellation shall be
effective. This policy may be cancelled by the company by mailing to the named
insured at the address shown in this policy, written notice stating when not less
than ten days thereafter such cancellation shall be effective. The mailing of notice
as aforesaid shall be sufficient proof of notice. The time of surrender or the ef-
fective date and hour of cancellation stated in the notice shall become the end
of the policy period. Delivery of such written notice either by the named insured
or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance
with the customary short rate table and procedure. If the company cancels,
earned premium shall be computed pro rata. Premium adjustment may be made
either at the time cancellation is effected or as soon as practicable after cancel-
lation becomes effective, but payment or tender of unearned premium is not a
condition of cancellation.
12. Declarations: By acceptance of this policy, the named insured agrees that
the statements in the declarations are his agreements and representations, that
this policy is issued in reliance upon the truth of such representations and that
this policy embodies all agreements existing between himself and the company
or any of its agents relating to this insurance.
TEXAS: Dividend Provision—Participating Companies: The named insured shall be entitled to participate in a distribution of the surplus of the Company, as deter-
mined by its Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended.
In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly
authorized representative of the company.
Sec retary.
AMENDMENT OF POLICY PROVISIONS FOR GENERAL -AUTOMOBILE LIABILITY INSURANCE
State of Wisconsin it is agreed that:
1. Paragraph (a) of the Condition entitled "Insured's Duties in the Event of
Occurrence, Claim ar Suit" is amended to read:
Insured's Duties in the Event of Occurrence, Claim ar Suit
(a) In the event of an occurrence, written notice containing particulars
sufficient to identify the insured and also reasonably obtainable infor-
mation with respect to the time, place and circumstances thereof, and
the names and addresses of the injured and of available witnesses, shall
be given by or for the insured to the company or any of its authorized
agents as soon as reasonably possible.
2. Paragraphs (b) and (c) of the Automobile Physical Damage Insurance Condition
entitled "Named Insured's Duties in Event of Loss" are amended to read:
(b) give notice thereof (i) to the company or any of its authorized agents
within 20 days following the date the loss occurs, provided that failure
to give such notice within the time specified shall not invalidate any
clam made by the named insured if it shall be shown not to have been
reasonably possible to give such notice within the prescribed time and
that such notice was given as soon as reasonably possible, and also
(ii) in the event of theft or larceny, promptly to the police;
(c) file with the company, within 91 days after loss, his sworn proof of
loss in such form and including such information as the company may
reasonably requ're and, upon the company's request, shall exhibit the
damaged property and submit to examination under oath; however, if
proof of loss is filed as soon as possible and within one year after the
time limit, failure to file proof of loss within the time limit shall not
invalidate or reduce any claim by the named insured unless the com-
pany is prejudiced thereby and it was reasonably possible to meet the
time limit.
3. The Condition entitled "Changes" is amended to read:
Changes
The terms of this policy shall not be changed, except by endorsement
issued to form a part of this policy.
Knowledge by an agent of the company of any fact which breaches a con-
dition of the policy shall be knowledge of the company if such fact is
known to the agent at the time the policy is issued or an application made
or thereafter becomes known to the agent in the course of his dealings as
an agent with the named insured. Any fact which breaches a condition of
the policy and is known to the agent prior to the loss shall not void the
policy or defeat a recovery thereon in the event of loss.
4. The following paragraph is added to the Condition entitled "Declarations":
No misrepresentations or breach of affirmative warranty made by the
named Insured or in his behalf in the negotiat'on of this policy affects the
company's obligation under this policy unless he company relies on it and
it is either material or made with intent to deceive, or unless the facts
misrepresented or falsely warranted contribute to the loss. No failure of
rpi.�/`��� ` iL President.
— WISCONSIN (0511 Ed. 13-77): When this policy is issued or delivered in the
a condition prior to the loss and no breach of a promissory warranty affects
the company's obligation under this policy unless it exists at the time of
the loss and either increases the risk at the time of loss or contributes to
the loss. The provisions of this condition do not apply to failure to render
payment of premium.
5. With respect only to such insurance as is afforded by the policy for bodily
injury liability or property damage liability arising out of the ownership, main-
tenance or use of motor vehicles:
(a) The company shall not cancel nor refuse to renew this policy solely
because of the age, sex, residence, race, color, creed, religion, national
origin, ancestry, marital status or occupation of any person who is an
insured under this policy.
(b) If the named insured is an individual, the "Persons Insured" provision
is amended to include as an insured any person using a motor vehicle
owned by the named insured which is designed to transport or draw
persons or property on the public highways with the permission of an
adult member of the named insured's household other than a chauffeur
or domestic servant, and any other person or organization but only with
respect to his or its liability because of acts or omissions of such
an insured.
6. If an action for bodily injury or property damage is brought in Wisconsin, the
Condition entitled "Action Against Company" is amended to read:
Action Against Company
No action shall lie against the company unless, as a condition precedent
thereto, there shall have been full compliance by the insured with all of
the terms of this policy.
Any person or organization or the legal representative thereof who has
secured a judgment against the 'inured shall be entitled to recover under
this policy to the extent of the insurance afforded by this policy. Bank-
ruptcy or insolvency of the 'nsured or of the insured's estate shall not
relieve the company of any of its obligations hereunder.
7 The following Conditions are added:
A. Cancellation by Company Limited
After this policy has been in effect fo sixty days or if this policy is a
renewal effective immediately, the company shall not exercise 'ts right to
cancel the insurance unless the named Insured fails to discharge when due
any of his obligations in connection with the payment of premium for this
policy or any installment thereof, whether payable directly to the company
or its agent or indirectly under any premium finance plan or extension
of credit.
This agreement shall apply to each successive policy pe iod for which the
company consents to renew or continue this policy but nothing herein
shall obligate the company to renew or continue this policy beyond the
expiration of any annual period commencing with its original effective date;
4 -
provided that, if this policy is written without a fixed expiration date or
for a policy period longer than one year, this policy may be terminated by
the company effective on the expiration of any such annual period by
mailing to the insured named in Item 1 of the declarations at the address
shown in this policy, written notice of such termination not less than
thirty days prior to the expiration of such annual period. The mailing of
notice as aforesaid shall be sufficient proof of notice. Delivery of such
written notice by the company shall be equivalent to mailing.
Notwithstanding the failure of the company to comply with the foregoing
provisions f this Condition, this policy shall terminate on the effective
date of any other insurance policy issued as a replacement for any insur-
ance afford d by this policy, with respect to any such insurance to which
both such policies apply.
B. Renewal
if the company elects not to renew this policy, it shall mail to the insured
named in Item 1 of the declarations, at the address shown in this policy,
written notice of such nonrenewal not less than thirty days prior to the
expiration date.
Notwithstanding the failure of the company to comply with the bregoing
provision, this policy shall terminate
1. on such expiration date, if
(a) the named Insured has notified the company or its agent that he
does not wish this policy to be renewed, or
(b) if the company has mailed notice of renewal premium due to the
named insured not more than 45 days nor less than 10 days prior
to the expiration date, stating clearly that the policy will terminate
on the expiration date if the named insured has failed to pay the
renewal premium by such expiration date;
2. on the effective date of any other insurance policy issued as a re-
placement for any insurance afforded by this policy, with respect to
any such insurance to which both such policies apply.
The mailing of notice as aforesaid shall be sufficient proof of notice.
Delivery of such written notice by the company shall be equivalent to
mailing.
AMENDMENT OF AUTOMOBILE MEDICAL PAYMENTS COVERAGE—WISCONSIN CP 01 53: This endorsement modifies such insurance as is afforded by the provisions of
the policy relating to the following: AUTOMOBILE MEDICAL PAYMENTS INSURANCE—GARAGE INSURANCE: It is agreed that with respect to atemebIles registered
or principally garaged in Wisconsin the definition of medical expense is replaced by the following:
"medical expense" means expenses for necessary medical, surgical, X-ray, dental and chiropractic services, including prosthetic devices and necessary ambulance,
hospital, professional nursing and funeral services.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(BROAD FORM/
This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE
OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
It is agreed that:
I. This policy does not apply:
A. Under any Liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under this pol icy is al so an insured
under a nuclear energy liability policy issued by Nuclear Energy Liability
Insurance Association, Mutual Atomic Energy Liability Underwriters or
Nuclear Insurance Association of Canada, or would be an insured under
any such policy but for its termination upon exhaustion of ds limit of
liability: or
(2) resulting from the hazardous properties of nuclear material and with
respect to which (a) any person or organization is required to maintain
financial protection pursuant to the Atomic Energy Act of 1954. or any
law amendatory thereof, or (51 the insured is, or had this policy not
been issued would be, entitled to indemnity from the United Slates of
America. or any agency thereof, under any agreemert entered into by
the United States of America, or any agency thereof, with any person or
organization.
B. Under any Medical Payments Coverage, or under any Supplementary Pay-
ments provision relating to first aid, to expenses 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.
C. Under any Liability Coverage, to bodily injury or property damage resulting
from the hazardous properties of nuclear material, if
11) the nuclear material (al is at any nuclear facility owned by, or operated
by or on behalf of. an insured or (b) has been discharged or dispersed
therefrom;
12) the nuclear material is contained in spent fuel or waste at any time
possessed, handled, used. processed, stored, transported or disposed
of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furnishing by an
insu ed of services, materials. parts or equipment in connection with
the planning. construction, maintenance, operation or use of any nuclear
facility, but if such facility Is located within the United States of
America. its territories or possessions or Canada, this exclusion (3)
applies only to property damage to such nuclear facility and any
property thereat.
II. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or by-
product material;
"source material", "special nuclear material", and "byproduct material" have
the meanings given them in the Atomic Energy Act of 1954 or in any law
amendatory thereof;
"spent fuel" means arty fuel element or fuel component, solid or liquid, which
has been used or exposed to radiation in a nuclear reactor;
"waste" means any waste material (1) containing byproduct material and
(21 resulting from the operation by any person or organization of any nuclear
facility inc uded within the definition of nuclear facility under paragraph
tai or (bl thereof;
"nuclear facility" means
(al any 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,
(c) any equipment or device used for the processing, fabricating or alloying
of special nuclear material if at any time the total amount of such ma-
terial in the custody of the insured at the premises where such equipment
or device is located consists of or contains more than 25 grams of
plutonium or uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
Id) any structure, basin, excavation, premises or place prepared or used for
the storage or disposal of waste.
and includes the site on which any of the foregoing is located, all operations
conducted on such site and all premises used for such operations;
"nuclear reactor" means any apparatus designed 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 radioactive contamination of property.
NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Liability Insurance in New York.
•
•
•
O. T. WILLIAMS. JR.
L. CARL YATES
Re:
MCGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
March 7, 1979
Notice to Proceed
Certificates of Insurance
Improvements to Fayetteville
Wastewater Treatment Plant
Mr. Donald L. Grimes
City Manager
City of Fayetteville
Fayetteville, Arkansas
Dear Mr. Grimes:
909 ROLLING HILLS DRIVE
FAYETTEVILLE, ARK. 72701
TELEPHONE 443-3404
RECEIVED
MAR 0 I919
cur MANAczw'
Lary Gr PAYEr '�rIL�
Enclosed are two copies of the Notice to Proceed on the
construction Bennett Construction Company is to perform for the
city.
Also enclosed are two copies of the Certificate of Insurance,
and of the insurance binder for the Owner's -Engineer's protective
liability policy. As soon as this policy is issued we will for-
ward a copy to the city.
We have delayed sending the Notice to Proceed until the
Certificate of insurance and binder were received.
OTW:Jr
Enclosures