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Home My WebLink About210-91 RESOLUTION1 • 1 i • RESOLUTION NO, 210-91 A RESOLUTION AUTHORIZING A CONTRACT WITH MCCLINTON-ANCHOR IN THE AMOUNT OF $230,263.95 PLUS A 5% CONTINGENCY AMOUNT OF $11,513.00 FOR THE 1991 OVERLAY PROGRAM AND AN APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in a total amount of $241,776.95 which includes a 5% contingency of $11,513.00 for the 1991 overlay program for Hyland Park Road, West End Avenue, Valley Drive, Lisa Lane, and Lakeridge Drive. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors hereby approves a budget adjustment in the amount of $53,843.00 decreasing Street Construction Account No. 447-947-5-809.00. A copy of the approved budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 19th day of November , 1991. ATTEST: By : �/�t.(°Liv �/fil d rk 114.-" City Clekok APPROVED: By:( sd Mayor • 1 E-312 1991 OVERLAY PROGRAM FOR FAYETTEVILLE CITY STREETS PROJECT No. E-312 CITY OF FAYETTEVILLE, ARKANSAS BID No. 91-57 OCTOBER, 1991 CITY OF FAYETTEVILLE: ENGINEER: DON BUNN PROJECT ENGINEER: SID NORBASH ADDRESS: 113 W. MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 TELEPHONE: (501) 575-8206 MILHOLLAND COMPANY Engineering & Surveying 205 West Center Street Fayetteville, Arkansas 72701 Telephone: (501) 443-4724 Fax: (501) 443-4724 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MAI 1 E Of INE ORMATION ONE Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDLR THIS CERTIFICATE DOES NOT AMEND LXI LND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. AME AND ADDRESS OF AGENCY COMPANY COMPANIES AFFORDING COVERAGES LETTER United Service Agency, Inc. Post Office Box 11765 Lexington, Kentucky 40577 A Insurance Company of North America B Pacific Employers Insurance Company C Atlantic Employers Insurance Company - - - - AME AND ADDRESS OF INSURED APAC-Arkansas, Inc. McClinton -Anchor Division P. 0. Box 1367 Fayetteville, AR 72702 O E F G This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. POLICY Limits of Lisb Iky In Thousands MOMOMTERY LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE OCCURRENCE EACH POLICY AGGREGATE A I.� GENERAL LIABILITY COMPREHENSIVE FORM LAB 26606 12-1-92 PERSONAL INJURY INCLUDING$ % BODILY INJURY) $ $ $ ,a PREMISES -OPERATIONS EXPLOSION AND COLLAPSE PROPERTY DAMAGE I -f HAZARD ® UNDERGROUND HAZARD $ 500 $ 500 Imo, PRODUCTS/COMPLETED OPERATIONS HAZARD -� CONTRACTUAL INSURANCE PERSONAL BODILY IINJURYUAND BROAD FORM PROPERTY PROPERTY DAMAGE COMBINED ® DAMAGE INDEPENDENT CONTRACTORS C4 PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ $ A )•, COMPREHENSIVE FORM LAB 26606 12-1-92 BODILY INJURY (EACH OCCURRENCE) I.1 OWNED $ $ 500 PROPERTY DAMAGE I.� HIRED BODILY INJURY AND I.� NON -OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND $ $ I• UMBRELLA FORM PROPERTY DAMAGE NI OTHER THAN UMBRELLA COMBINED FORM AWORKERS'COMPENSATION A B C and S' EMPLOYERUABILITY RSCC23575024 RSCC23575498 WLRC24243448 RSCC36209318 12-1-91 STATUTORY = 1,000 (EACH ACCIDENT) ESCRIPTION 1991 OF OPERATIONS/ LOCATIONS/VEHICLES Overlay Program for City of Fayetteville City Streets Project NO. E-312 Cancellation: Should any of the abt�e described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City Fayetteville October 31, 1991 DATE ISSUED of and Milholland Company ® // A„ I_ t-- AUTHORIZED REPRESENTATIVE 343-2 102/91) • 1 ' 1 4 assiss i LOSS PAYABLE ENDORSEMENT ' AND CERTIFICATE OF INSURANCE INSURED. APAC-Arkansas, Inc. McClinton -Anchor Division LOCATION: P.O. Box 1367, 240 N. Block, Fayetteville, AR 72702 Theinterestot APAC-Arkansas, Inc. & City of Fayetteville, AR & Milholland CompanypayeerMA) ' in same address as above/113 W. Mountain Street & 205 West Center Street, Fayetteville AR is covered for an amount not exceeding S *SEE BELOW and loss is payable to APAC-AR,Inc. & City of Fayetteville, AR & Milholland Company (Payee{ATMA) whose address is same address as above/same address as above I ' Loss, if any, under this policy for the interest as stipulated under this endorsement shall not exceed its pro rata proportion of all concurrent insurance in force for the above captioned Insured. This coverage is not transferable and may be cancelled by the Industrial Risk Insurers by giving notice of cancellation to said Payee u prescnbed in this policy. CERTIFICATION This certifies that insurance against all risks of direct physical loss or damage to the insured property, ail in accordance with forms attached to policy listed below and subject to the limitations thereof, is in force under said policy issued through the Industrial Risk Insurers. Of the total amount of insurance in force. an amount ' as stipulated above shall apply to the interest of the Payee. Any excess of insurance over and above the value of the property at risk consigned or belonging to said Payee shall be for the benefit of the captioned Insured, to cover property not consigned or belonging to said Payee.. This policy contains the following deductible amounts: 1. All Risk except Earthquake and Flood S 0 2. Earthquake S 0 3. Flood 0 *Full insurable value but not exceeding limits of $230,263.95 or rental value of same. **RE: "All -Risk" Installation Floater for 1991 Overlay Program for Fayetteville City ' Streets, Project No. E-312, Bid No. 91-57, City of Fayetteville, AR. ' Attaches to and forms part of Capital Stock Companies Syndicate PoNcy No 31-3-50744 Applicable only to Location No. See Above Effective Oats this Endorsement October 31, 1991 ' Term of Policy 10-1-89 To 10-1-92 Key No. 858176 ' Endorsement No. 659 G. W. CQAWFORD, .AGE`ii � -,, >s ttornev We, Sedgwick James Sedgwick Jamas of Arkansas, Inc. 900 S. Shackletord Road, Suite 600, PO Box 511 Little Rock. Arkansas 72203-0511 Telephone (501) 223-3111, Telex 536249, Facsimile (501) 223-8461 ARKANSAS STATUTORY PERFORMANCE & PAYMENT BOND APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION as Principal, hereinafter called Principal, and INSURANCE COMPANY OF NORTH AMERICA , as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS as Obligee, hereinafter called Owner, in the amount of HUNDRED SIXTY THREE AND 95/100 Dollars ($ 230,763.95 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. TWO HUNDRED THIRTY THOUSAND SEVEN Principal has by written agreement dated entered into a contract with Owner for 1991 OVERLAY PROGRAM, FAYETTEVILLE, ARKANSAS BID NO. 91-57 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and futher, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priori- ty, then this obligation shall be null and voil; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on thls bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after twelve months from the date final payment is made on the contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors, or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. This bond is given in compliance with act 351 of 1953 as amended. Executed on this day of 19 91 RE -ORDER - ARI(. GRAPHICS INC P O. BOX 34 BD. UTILE ROCK. AR 72203-4080 APAC-ARKANSAS. INC., MrCL INTON-ANCHORDIV. By INSURANCE COMPANY Sur OF NORTH AMERICA Judy Fr orneyin-fact ks Butler n. EY ,... UoaerancCIONA,c ,y as rtcanY eA Math "erica ., ' orto(n319227 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Know ail men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of he Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pureueM to the following Resolution adopted by the Board of Directors of the said Company on December 6, 1983. to wit: "MS0LVeo, nim greeds 10 Midas 3,1e ae 0.1 Y We arta . ee Ioaommg Rd.e YMd posse IM lacrloa W Me Company Y bonds. edMYegs. McfY mess, contracts tad other lynNem Into nae there* (1) That MM 1-..eds 1. ads Set Mee PweMs t. as We aeeldeer, any Maas( Viae Pnedent. at ear Ante er'M'Pect. my .mods. Iv sad a bee al the Comm" airy ea ail bonds. serfettaldse/ eecss *v PM Muse lad ter teempatves. mate Ind w mwsMerelme r yety MOW Vice Ppteww. If* Were await the my Vice Pr—'-- rbe attested tet.Ay r lemessary a' vwe Say Certemde Secretory. mead MMr zed NW eat my Ansielast lls (S.CI.andd or age11100 Y the Caper, eel Mawr. M r.a tee .utas O sew to the a.barlan Y e .en anaetee on WW1 ef eta (fernery ad to erns ewe sal el we Comport Menlo. f71 Ary a.Yt swag swots iaswerewae rah inns mew rise o. ea Mem ted w. Coapalp M bby Cane a Up.90.itned W die Preeklest led Mute to br IM caporal a.eraaft Pi) The SWIM el e■ abetter, et s senor VMS PteareL err e We IfteeMest a ea AseleteMvie Preanal and the ew el ale Cotner naw bs.In.ad a leansa a any pew Y .Heron ereMeeaN.ew le aids nesebdlen. sed ads aiMefer• e1 a MASON after end Hee my a the cela9e.r Ma be veered a Maebaee eo M collea w r as gash power. bili w mesh neer of anfeW bees era Meeleee sl vee, W ..al Mee b veld and Sao an ter Camps (4) Sds eery COMM cia. Calep.my..5At.nsys*P.cl MON Mn eMp9y ta moldy at rely dote Y Mala M.eMW60s Sy-Lewe Y NM Company, and any Wham or record of the Company .e rmem te 11* ebMYq al their depute (3) TM pewee al dw Mew19an dee net revel. as eerier arMby granted by R.eaMMw et ire ewrd al aa.etets adapted es Jap 9. 190.3. May 9e, 1975 and Nave 23.1977 " does hereby nominate, constitute and appoint DONALD R. HENDERSON, JUDY FRANKS BUTLER, and MARY GARDNER, all of the City of Little Rock, State of Arkansas I, U O > a 20 O m m � m• 4 1co1 C Em 8 ✓ > ▪ m Z 0 its true and lawful agent and attomeyin•fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all Bonds and Undertakings, LIMITED in amounts, TWENTY FIVE MILLION ($25,000,000.) on behalf of APAC-Arkansas, Inc. and APAC-Mississippi, Inc., and APAC-Tennessee. Said Bonds and Undertakings to be signed for the Company and the Seal of the Company attached thereto by any one of the said Donald R. Henderson, Judy Franks Butler, and Mary Gardner, individually. And the execution of such writings in pursuance of these presents shell be as binding upon said Company, as fully and amply as If they had beret duly executed end acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E. Giveana, Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 19th day o1 August 19 90 COMMONWEALTH OF PENNSYLVANIA se COUNTY OF PHILADELPHIA INSURANCE COMPANY OF NORTH AMERICA by R E. GIVEANS. vice President On this 19th day of August A D ig90 before ter subscriber. a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia duly commissioned and qualified, came R. E. Giveana, Vice - President of Me INSURANCE COMPANY Of NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding lnalrument, and he acknowledged the execution of ter same. and, being by me duly sworn, deposeth and salth, that he Is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is for corporate seal of said Company. and the said corporate seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority and directiimp fltSf»porporation, and that Resolution, adopted by the Board of Directors of said Company, referred to In the preceding inseru a hntab DIo EOE, I haus h lel e s e r A 41 r 1" ., (. , _I ieitr ant at the City of Philadelphia Me day end year _ NOTARIAL SEAL y - -- JULIA ANNA ROHANA, Notary Public =k Philadelphia, Philadelphia County (S&L) ` .... My Commission Expires August 20, \C •F 1, the Gpflereiga Mary akiNSURANCE COMPANY OF NORTH AMERICA, d0 hereby certify that the Original POWER OF ATTORNEY. of which the foregolrij,y correct copy, is in Mi force and effect. In witness yeeffafppRllAt) ve hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation. this day of Notary Public Jarred S wyni9 Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER June 4, 1993 fl-333S4a PUL io1L" COMMERCIAL GENERAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words 'you" and 'your' refer to the Named Insured shown in the Declara- tions. The words "we," "us" and our refer to the Company providing this insurance. The word "insured' means any person or organiza- tion qualifying as such under WHO IS AN INSURED (Section 1I). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (Section V). SECTION 1 - COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. s. We will pay those sums that the insured be- comes legally obligated to pay u damages because of 'bodily injury' or 'property dam- age' to which this insurance applies. We will have the right and duty to defend any "suit' seeking those damages. We may at our dis- cretion investigate any 'occurrence' and settle any claim or "suit' that may result. But (1) The amount we will pay for damages is limited as described in LIMITS OF IN- SURANCE (Section I11); and (2) Our right and duty to defend end when ws have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to 'bodily injury' and 'property damage' only it (1) The 'bodily injury' or "property damage" is caused by an 'occurrence' that takes place in the "coverage territory' and arises out of: (i) Operations performed for you by the 'contractor' at the location specified in the Declarations; or (11) Your acts or omissions in connection with the general supervision of such • operations; and (2) The 'bodily injury' or 'property damage" occurs during the policy period. c. Damages because of 'bodily injury' include damages claimed by any person or organiza- tion for cars, loss of services or death resulting at any time from the 'bodily injury." 2. Exclusions. This insurance does not apply to: a. 'Bodily injury' or 'property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to 'bod- ily injury" resulting from the use of reasonable force to protect persons or property. b. 'Bodily injury' or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an 'insured contract" provided the 'bodily injury' or "property damage" oc- curs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the ab- sence of the contract or agreement. c. 'Bodily injury' or "property damage" which occurs after the earliest of the following times: (1). When all. 'work' on the project (other than service, maintenance or repairs) to be per- formed for you by the 'convector" at the site of the covered operations has been completed; or CG 00 09 11 88 Copyright, Insurance Services Qffice, Inc., 1984, 1988 Pagel of G (2) When that portion of the 'contractor's" 'work," out of which the injury or damage arises, hes been put to its intended use by any person or organization. This exclusion does not apply to any contractor or sub- contractor working directly or indirectly for the 'contractor or as part of the same project. d. 'Bodily injury" or 'property damage• arising out of your, or your employees, acts or omis- sions other than general supervision of 'work' performed for you by the 'contractor.' e. Any obligation of the insured under a workers compensation. disability benefits or unem- ployment compensation law or any similar law. f. "Bodily injury' to: (1) An employee of the insured arising out of and in the course of his employment by the insured; (2) The spouse, child, parent, brother or sister of that employee n a consequence of (1) above.. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2). To any obligation to share damages with or repay someone elle who must pay damages because of the injury. This exclusion don not apply to liability as- sumed by the insured under an 'insured con- tract' g• 'Property damage to: (1) Property you own, rent or occupy; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; or: (4) 'Work' performed for you by the. 'con- tractor.' h. 'Bodily injury' or 'property damage" due to war, whether or not declared, or any act or condition incident to war. War Includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under: (1) An 'insured contract;' or (2) Expenses for first aid. COMMERCIAL GENERAL LIABILITY 1. "Bodily injury" or 'property damage arising out of the use of "mobile equipment' in, or while in practice or preparation for, a prear- ranged racing, speed or demolition contest or in any stunting activity. j.(1) 'Bodily injury" or "property damage" aris- ing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises. site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handl- ing, storage, disposal, processing or treatment of waste; (c) Which ars or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for any insured_orany person or or- ganization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contrac- tors or subcontractors working directly or indirectly on any insured's behalf are performing operations.' (1) If the pollutants are brought on or to the promises, site or location in connection with such operations by such insured, contractor or subcon- tractor, or (0) If the operations are to test for, monitor, clean up. remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(1) do not apply to "bodily injury" or 'property damage" arising out of hest smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from when it was intended to bs. Page 2 of 7 Copyright, Insurance Services Office. Inc., 1984, 1988 CG 00 09 11 28 (2) When that portion of the 'contractor's' 'work,' out of which the injury or damage arise, has been put to its intended use by any person or organization. This exclusion does not apply to any contractor or sub- contractor working directly or indirectly for the 'contractor' or as part of the same project. d. 'Bodily injury" or 'property damage" arising out of your, or your employees', acts or omis- sions other than general supervision of 'work' performed for you by the 'contractor." e. Any obligation of the insured under a workers compensation, disability benefits or unem- ployment compensation law or any similar law. t. "Bodily injury' to: (1) An employee of the insured arising out of and in the course of his employment by the insured; (2) The spouse, child, parent, brother or sister of that employee n a consequence of (1) above Thie exclusion applies: • (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an 'insured con- tract" g. 'Property damage' to: (1) Property you own, rent or occupy; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured, or. (4) "Work' performed for you by the 'con- tractor. h. 'Bodily injury' or 'property danmape• due to war, whether or not declared, or any act or condition incident to war. War Includes civil war, insurreetlon, rebellion or revolution. This exclusion applies only to liability assumed under. (1) An "insured contract' or (2) Expenses for first aid. COMMERCIAL GENERAL LIABILITY 1. 'Bodily injury' or 'property damage' arising out of the use of "mobile equipment" in, or while in practice or preparation for, a prear- ranged racing, speed or demolition contest or in any stunting activity. j.(1) "Bodily injury" or 'property damage' aris- ing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handl- ing, storage, disposal, processing or treatment 0 waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, a processed as waste by or for any insured or any person or or- ganization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contrac- tors or subcontractors working directly or indirectly on any insured's behalf are performing operation (1) If the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcon- tactor;or (11) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not apply to "bodily injury' or "property damage' arising out of haat, smoks or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Page 2 of 7 Copyright Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 00 (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 neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of pollutants. Pollutants moans any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als to be recycled, reconditioned or reclaimed. k. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in 'work" performed for you by the 'contractor,' or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to 'work' per- formed for you by the 'contractor." SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or 'suit' we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations arising out of the use of any vehicle to which this insur- ance applies. We do not have to furnish these bonds. COMMERCIAL GENERAL LIABILITY 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at aur request to assist us in the investigation or defense of the claim or 'suit,' including actual lou of earnings up to $100 a day because of time off from work. 6. All costs taxed against the insured in the 'suit 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 8. Expenses incurred by the insured for first aid to othen at the time of an accident. for 'bodily in- jury' to which this insurance applies. These payments will not reduce the limits of insur- ance. SECTION I1 - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to their duties as partners or members of a joint venture. CG 00 0911 88 Copyright, Insurance Services Qffice, Inc., 1984, 1988 Pan, of 7 c. An organization other than- a partnership or joint venture, you are an insured. Your execu- tive officers and directors are insureds, but only with respect to their duties as your offi- cers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Any person (other than your employee) or any organization while acting u your realestate manager. b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that properly; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown n a Nerved Insured in the Declarations. SECTION III - UMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought or c. Persons or organizations making claims or bringing 'suits." 2. The Aggregate Limit is the most we will pay for the sum of damages because of all 'bodily injury' and 'property damage.' 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages because of 'bodily injury' and 'property damage" arising out of any one 'occurrence.' If you designate more than one project in the Dec- larations, the Aggregate Umit shall apply separately to each project. COMMERCIAL GENERAL LIABILITY The limits of this Coverage Part apply separately to each consecutive annual period and to any remain- ing period of less than 12 months, starting with the beginning of the policy period shown in the Decla- rations, unless the policy period is extended after is- suance for an additional period of less than 12 months. In that can, the additional period will be deemed part of the last preceding period for pur- poses of determining the Limits of Insurance. SECTION IV - CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured will not relieve us of ow obligation under this Coverage Part. 2. Cancellation. a. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or de- livering to the first Named Insured and the 'contractors written notice of cancellation at least (1) 10 days before the effective date of can- cellation It we cancel for non-payment of premium; or (2) 30 days before the effective date of can- cellation if we cancel for any other reason. c. We will mail or deliver our notices to the first Named Insured's and the "contractor's' last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. s. If this policy is cancelled, we will send the "contractor any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 4 of 7 Copyright; Insurance Services Qffice, Inc., 1984, 1988 C0000911 1 3. Changes. This policy contains all the agreements between you, the 'contractor" and us concerning the in- surance afforded. The first Named Insured shown in the Declarations and the "contractor' are au- thorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement is- sued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit. a. You must see to it that we aro notified as soon as practicable of an 'occurrence' which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'occurrence' took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence.' b. If a claim is made or 'suit' is brought against any insured, you must (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or 'suit" as soon as prac- ticable. c. You and any other involved insured must (1) Immediately send us copies of any de- mands, notices. summonses or legal papers received in connection with the claim or 'suit' (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or 'suit' and (4) Assist us. upon our request in the enforcement of any right against any per- son or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. COMMERCIAL GENERAL LIABILITY d. No insureds will, except at their own cost voluntarily make a payment auume any obli- gation, or incur any expense, without our consent. 5. Examination Of Your Books And Records. We may examine and audit your books and re- cords as well as the "contractor's' books and re- cords as they relate to this policy at any time during the policy period and up to three years afterward. 6. Inspections And Surveys. We have the right but are not obligated to: a. Make inspections and surveys at any time: b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommen- dations relate only to insurability and the premi- ums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organ- ization which makes insurance inspections, sur- veys, reports or recommendations. 7. Legal Action Against Us. No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a "suit' asking for damages from an insured; Of b. To sus us on this Coverage Part unless all of its terms have been fully complied with. CG 00 09 11 88 Copyright Insurance Services Qffice. Inc., 1984, 1988 Page 5 of 7 C • A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur- ance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- sentative. 8. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contrib- ution from any other insurance available to you unless the other insurance is provided by a 'contractor' other than the designated 'contrac- tor for the same operation and job location des- ignated in the Declarations. Then we will share with that other insurance by the method de- scribed below. If all of the other insurance permits contribution by equal shares, we will -follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. 0 any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of insurance of all insurers. 9. Premiums. The "contractor:' a. Is responsible for the payment of all premiums; and b. Will be the payee for any retum premiums we pay 10.Premium Audit. a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will com- pute the earned premium for that period. Audit premiums are due and payable on notice to the "contractor.' If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the "contractor." Page6of7 COMMERCIAL GENERAL LIABILITY c. The "contractor" must keep records of the in- formation we need for premium computation, and send us copies at such times as we may request. 11.Separation Of Insureds. Except with respect to the Limits of- Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to • each insured against whom claim is made or "suit" is brought. 12.Trsnsfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 13.When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the ex- piration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. 'Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto' does not include 'mobile equipment." 2. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations. 4. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con- tract or agreement Copyright, Insurance Services Qffice, Inc., 1984, 1988 CG 00 09 11 88 ❑ • t if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of the work prepared for you; or b. Your fulfilling the terms of the contract or agreement. 5. "Insured contract means: a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality; or a. An elevator maintenance agreement. 6. 'Mobile equipment' means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a.. b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators. including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; COMMERCIAL GENERAL LIABILITY f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not 'mobile equipment' but will be considered 'autos:" (1) Equipment designed primarily for. (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 7. 'Occurrence' means an accident including con- tinuous or repeated exposure to substantially the same general harmful conditions. 8. 'Property damage' means: a. Physical injury to tangible property, including all resulting lose of use of that property. All such lose of use shall be deemed to occur at the time of the physical injury that caused it; Of b. Lose of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "oc- currence' that caused it. 9. "Suit means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico and Canada, in which damages because of "bodily injury" or 'property damage" to which this insurance ap- plies are alleged. 'Suit' includes: a. An arbitration in which such damages are claimed and to which you must submit or do submit with our consent or b. Any other alternative dispute resolution proc- ess in which such damages are claimed and to which you submit with our consent. 10.'Work" Includes materials, parts or equipment furnished in connection with the operations. CG 00 09 11 88 Copyright, Insurance Services Offics, Inc., 1984, 1988 Page 7 of 7 ❑ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INI1/4 INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA GENERAL LIABILITY POLICY DECLARATIONS r City of Fayetteville GLP GO 61 17 51 A Named 113 W. Mountain Street Insured Fayetteville, Arkansas 72701 and The Named Insured is: Address Milholland Company 0 Individual 0 Partnership ❑ Corporation 205 West Center Street ❑ Joint Venture ® (Other) L Fayetteville, Arkansas 72701 12:01 A.M., standard time at the address Policy Period: From October 31, 1991 to See Endorsement of the Named Insured as stated herein. Occupation: No. 2 Audit Period: Annual, unless otherwise stated The insurance afforded is only witn respect to such of the following Parts and Coverages therein as are indicated by 0. The limit of the Company's liability against each such Coverage shall be as stated herein, subject to all of the terms of the policy having reference thereto. LIMITS OF LIABILITY COVERAGE PARTS Bodily Injury Liability Property Damage Liability each occurrence aggregate each occurrence aggregate ❑ Comprehensive General Liability Insurance 0 Owners', Landlords' and Tenants' Liability Insurance (Each ❑ Structural Alternations, New Construction, Demolition Annual ❑ Manufacturers' and Contractors' liability Insurance Period) 0 Independent Contractors o Completed Operations and Products Liability Insurance ❑ Contractual Liabilityinsurance kJ Owners' Protective ❑ Liability Insurance $500,000.00 $500,000.00 $500,000.00 0 Personal liability Personal Medical Payments ❑ Comprehensive Personal Insurance each occurrence each p rson each accident ❑ Farmer's Comprehensive Personal Insurance $ $ S Physical Damage to P operty Animal Collision—Farmer's Part Only. $ each occurrence Market Value not exceeding $300 each animal each person each accident ❑ Premises Medical Payments Insurance $ $ each person aggregate general aggregate ❑ Personal Injury Liability Insurance $ $ Endorsements attached to policy at inception: GL -109 (0CP), Endorsements No. 1, 2 and 3 During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: TOTAL ADVANCE PREMIUM B. $ AS AGREED 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 $ Countersigned By .(1 . 41 z zed i Age Autnorind sae( This Declarations and Coverage Putts), with Policy Standard Provisions and Endorsements, if any, issued to form a part thereof, completes the above numbered policy. 1 LD -2E02 Ptd. in U.S.A. 1 1 INA OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE PART ADDITIONAL DECLARATIONS Policy No GLP GO 61 17 51 A 1 1 'Location Ii] ' 1 IIOperations II II ' I APAC—Arkansas, Inc. McClinton—Anchor Division Designation of Contractor Mailing Address P. 0. Box 1367 Fayetteville, AR 72702 of Covered Operations 1991 Overlay Program for City of Fayetteville City Streets Project No. E-312 Check here i1 the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shag be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. SCHEDULE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Code No Description of Operations Premium Baso Rates Advance Premiums B.I. P.D. Bodily Injury Property Damage 3 15292 Construction Operations Owner (not Railroads) Excluding on Board Ships Cost $230,263.95 Per $100 of Cost Minimum Premium(s) TOTALS $ $ TOTAL ADVANCE PREMIUM Ito $ AS AGREED When used as a premium basis, the word "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 sublet 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. (Over) GL -109 (OCP) 25M Printed in U.S.A. • I. COVERAGE A—EODILY INJURY LABILITY COVERAGE B--PRCPERTY DAMAGE LIABILITY The L3npanv Ai. pay ch behalf el rr hs, -re all s.ns Mh n1 the Inured ;hal tecome legri y u:• sited to pay as damages because 01 A toddy Ir,Jry c B prcpe•ly damage to whch til; ;: icy ep; les. ca„ se] ty an •c-Lrrce anc arising al o• : ace -a. liens perform] to. the Nemec rc„red :if 'he c: nthzidu desrpnIrd le :ye Ceclrra''3ns e1 tie .heathen desigratcc Isere n r 2' ails c• DTI:slurs cf the harred Insured 11 ct re. -lien w h his genual Leary can cr s.i h apr•dun, End the Corral)/ sha I lave the right aic c,.'v t: ceterd <ry sJit against the hsJ: ed seek ng aanages pi a:cant al such todi.y n1-ry c• orco'lly carag • i vi n 1 ary cf the il'e3cl ons ' :he slit a'c g'c.ircless •arse J• -ra.dLlcn1 rd T•:y 'nate such irvcs.lgaLcn and s ctt creel c' a"y chin cr u^ cs f deems eipedier1, tut the Cpm pry the n ' te i t'igatec to ray ary Cain :r Ldgnen: c• c telex ary sJ t atter the 341 cab a ',r t cf the Ccrrp3ry's rati ry has beer eri2usled by pay. rent et ,u]gne-. s .1 settlement., Exclusions This c] icy aces tot apply la) :c 1 ability assured by :he Irsurel u-d•r aiy :ct'ac' or agri em -rt except an ire dertal ciirtri: t but tp s exclds cn duet rpt apo y:c a wa rant) hal wcrk berlo-ned 3y thr des gnaled ccrtracti rill bi dory n a wcrknan hire m:nr r; Ib: to xd'i nr-ry 3 p'ope's) cartage :ca rrirg af:i r ,,11 a wcrk cr : '•e pra,ect :other than -e••na na rtdrr,ce ill 11 pets :r to per'ci mec tr c• err teha 1 of the hared rSure] at :he site r 1h2 covered cpera:i rs hA teen complete] c• 2' that xrtcn ;f the cesigre:ed c:chac!x'<. .c, xLl if *hi h the 11IIJfy r damage arses has Neer pL' ti: Is n'e' le -se a; ary re's'ur c• c'gan gat an p:he- then arother cont acro' cr sub:• rra:lc• ergaged in buf3rn- rg cpe•a Lore tor a principa as a p11 al the sa-e p-Lgect la: to hcd 'y ii J -'s r property rarnvge 31r, 1g cd: .11 ail ail cr am ss Cn al 'te Name( Ihs}td any ;f its emir:: rets other !h:n gem ra ;upi ry si:r c' we rk pellc• met 'c: 1 • Nm e] Ins.;:i d I y hi iit.igralel cdrtrdor. Id: to ary 3Ii1;a'i:I ':r whall the r-Lrd: 11 any crier n hs'rarer may te Held I able .ndi• ary norkmer's C;`•r•e3•13r. Lhrrrp'c)r1L" cJrlpPlrirlicn o" disatllry t. ii is an, J .,'IL'P• alv n 1 11 las, :el 13 todi y n -I, ' ,.raj 1 ",lillyrl .l the Ins sed are, rg cd1 cf and in the curse of il- em; : 1 by the Iis.'Ed of In an, obi gal.pr o' Ih• Ind 1 d'c Irdern ndy arp:he• pLL use canagEs al sea i•,' cf -Loh ir.lily t.1'his exclLsan dots rot Apply I i ability assumes rev :'e rruret -nee- an irc derla ccn:ract '11 :c rice's., barrage t: (1) property :Mme OF ono e] by Or -c-tee :c le 1154 d (2) prnperty ate: by the Insjred f3) property n '-E care. custody o- :c -.Cl n1 the rscred cr as la which tI e Insured 0; any pJrcohe e.e:cl-ing r ha :al r-,ticl, c - (G1 Mars DUI.) :ft i d Ic'the Insred b, the re_ gr3:ed cort•acto•: 13 rid ly n;. s • p•npr'y den ane d.1e lc Aa- wnelher c• incl dec:a•ee, civil war, nsu -ecl on rebe I civ or lyre stitn n• 1:1 ivy a;l u' cncd on incident to any of Ihh Is gu ng. n1'1 re,peel '.c abi d; asmmec by le rsLred under an irc della contract. o- experscs for fi :: SIC Lndi r 'he Sip emerlary Payments pry s n cf :he r•u I:y 13 tour y njLn '• property carnage arising cr r' .: 1he 3wne1Shlp, nairte. narce. operatic^ use !nadng a Jnl ras ng rf any nopde egLI neat whi e being and n .n, p. ea'•irgec cr a•gah red •a: hg. speec 3r cerci tics carlest a• ,r al y stnlire act v ly c' •r p'acti:e :1 papa ahc-i la• an, such antes: n• activ.ly r 2: hht Cd('at on or use of ary sr C& iLo Ie Cr Ira ler designed lo' use therewith; Ii; to bed Iv rjtry cr orcperly ezi-age a sing ell hl the d scharge. clspersal. re ease c• cscaDe u1 snake vapirs <n..l. lures 3CICS. alkalis to c chemicals. I q.ilds a. gase., waste male- a s cr ache' rrisa-:s carte -malts pl p Malts intro a• Jaen Ian]. the atmosphere or ary rem course a- bi,dy el wale- but th s ext -ser does rat apply ' s.¢r cis:Fa-se d spe'°a release e' escape s sudden and ace dertal. th Icss cf .se cl :a'g.ble p-cperly wh ch ras n_- teen physical v njared o' destroyed resulting from I: a d• Ey nal lack el performance by or cr behalf cf the hared .rscred cf an, sutra:1 or agreenen:• cr 2: the fat ure 0' the ha -nee 1ncu•ec's p rcruals r wrrk ac rtorred ty or on tr.' a 1 3' the hared Insured 'c ms et 'he level c1 Deland -ice, quality, -:rets cr duran Ity warrarled c• •er.eserled h, 'he Vaned rxred: LI t+ s exc. usror Ices Hct app y lu los- c` use cf ;tier tangible crape•') le:Lorng ',c- the sudden and as derla chis:cal ,-jury tc c• destruct 31 n1 :he Nine; rsu• ec's orcds cls :r waf k pe•fmn el ty n' cm tens 1 :t the Na-nec In -u' -c after -ush produrs c• caulk have bee'• pal tc use. by aiv pence cr organ :a1.c", ether Than an !nix' e. II. PERSONS INSURED Fa)- .d the `c tuw,rg is 3r rscred ,rder 115 pal c, to the extent set 13-11 bel:M: ai r' the Vaned Insu•ec s des grater n the dee a-alicns 25 ar ndividua, tie ce sons cecipnafedand his sbcuse b: if 'he Named In-wd s Ce•¢nate] in the dec a-alicns :s a pa•trie+hip or jcirl venture the ea lre-sr p or ;nil vca:L re co retlgna'ed and any pah:re• or norm r heed Lit only nr'h :espe:l :c his in I ty as such: C, 1' 1h.e ha:reo -s..red s drsigratrd it the ncc vat cu as other than err indi. v dial, lam ash p pr 1; at •enure. :he crgarirclicl sib de; gnalec and any realise cheer. d rector a slay kinder. :he tri' wh le actrrg wr.hin the slope el his d-t;e; as sirs and d4 an'r perC^ aper t tan all tri nyte rf "e Narec rsLredi c crpan rat cn while acing as real estate manages 4er :he Named :eared III. LIMITS OF LIABILITY Reg3'c IESS •f :he number p' Iii u•ecs vire- :his pi my. Q; pe•so,is cr nrgar1 ratic's who sura a bs y n;..ry Cr p-3ce-:b damage cr 31 claims made 01 spits blip' civ rccnJrl a' todi y n,ury c1 or cprrly Lampe. the C:nrany s Iiab I ty rs I n i:ed as Loiters: Comm A- -hc total it 1 ly i 1 the Orden,. 1o• al. canagrs, inc:Ld ng dams ages IN can and Irss nl se•, ces. becauce xd ly spy sL slaired by cm or n are rsrn• 3s the "CSL t :' ary pf r CC rfe'ce sha I nal cuei d the Wad of bur v mtry, ,lap ty sta:td in the dec a-alrcns es appl cab e tc 'each cccrren:e." Coverage 6 The to•a1 .at I ly :• :he Company for all canagrs bcc use 34 al proper:) din age sl s:aired by are c; ice pe -ins ;r Crgcnifhcns as til reu•l cf any ;re C:c-urrerce shalt Hct rrrrcd INE 1 T1: 3-apel:y carnage hitrlily s:atee i' the dee:ai atres as sop rcatle to "each ecru -ince.' Sutler •c the ab: ve pray s reseecfirg i a. h aLr.Lrreice. • the t:•al liability of 'he Ccrrpeny for a I eanages beta Pie n' a: crope•t) damage In %Lech this coverage applies sha I mel e•ceed the TI: cf p•nper^v Irrrage Ilat li:v slated in Ih• leu a-cbcns 2s "agg-ega•e " If n arc than one rr3,ecl s dos gnatee in the schecu a such aggregate I rt 1 sha I epb y separat:ly wih respect to each pr31ec1 Coveraies A and B Fcr the prose el dele•m n:rg the :Irn 1 o' :he Compar-vis hab.lity. a I todi v rnlaq and per peley eanage a•rsrrg c.: o' cunt nicns or -epeated eip3surc la aubstwit a Iv the same genera end tic's shag be :onside -Ed as err1s- iig Ps. a1 c'e ecus -cn:e. IV ADOrT10NAL DEFINITION Penn used n'efe'ence lu Ibis ns3rarce n:Iucng rndi,rserrerls 1Drr1I1g a part ct the co Icy:: "wortn:luces naterial-, ;arts aid equ.pment f.rnshec n cnreclion there with. V. POLICY TERR110RY This pcli:y app ies c' y 10 :cd I, irtory cr p:cperty damage whl:h occurs withir the pa icy territcry. 1 1 1 1 1 1 1 1 Mmms i msey City of Fayetteville & Milholland Company Parr eJnibW ►airy Neeefbw GLP GO 61 17 51 A Parr Ptefed See Endorsement No. 2 limed ay INeme of Insurance Compu yj Insurance Company of North America insert the policy number. The nnneinds, of the information is to be completed only when this endoreementis issued subsequent to the frepention of the policy. (Maim mmn Numbm 1 EMeethe Oem of ESonsmsnt October 31. 1991 ANENQU(lT TO CANCELLATION CONDITION In Section IV - Conditions No. 2.b.(1) & (2) is amended to read as follows: "This policy may bs cancelled by the Company by mailing to the Named Insure and the Contractor at the respective • addresses shown in this policy, written notice stating when not less than MIXIX days thereafter such cancellation shall be effective." Jen 10/31/91 AuthNlaN CC•1E1$ std. in USA. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INA odic n Deer Named Indeed City of Fayetteville and Milholland Company Endorsement Ni...*...l 2 Police Weibel GLP Polley fddnlbm GO 61 17 51 A Polley Period See Below Effect's* Doe of Endotwtrnt October 31, 1991 Issued By (Naar of Insurance Company) Insurance Company of North America Me Th Inert y um••ramalnier iN Me mformnion is to heeemnl.M only venin Misandorwlrnti1 noel subsequent to thtprapration of the policy. jec pOLICY PERIOD It is hereby understood and agreed that the Policy Period is extended to expire on the latest of the following dates: 10/31/91 (1) at project completion (2) at date required on job contract (3) at date of acceptance of job contract by the Named Insured Auij thorised A CC -1115 Ptd. in U.S.A. 1 1 1 1 1 1 1 INA ete"tea Hatred City of Fayetteville and Milholland Company ►alley Swolsol GLP Policy Nlrttee G0 61 17 51 A wmesrset Nunes 3 AMMONOW See Endorsement No. 2 Iwea Sy Mame a Insureme Campstyl Insurance Company of North America lehpdee tic" of Lraserewet October 31, 1991 Insert die policy numbs. The reminds 0 the int omission is to be Completed only when Mit endorsement it issued subsequent to the pntpsetlon 0 the oolicy. ADDITIONAL EXCLUSIONS (A) Engineers, Architects or Surveyors Professional Liability Exclusion It is agreed that this Policy 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, designs or specifications and (2) supervisory, inspection or engineering services • (B) Absolute Asbestos Exclusion It is agreed that this Policy does not apply to bodily injury or property damage directly or.indirectly caused by asbestos. (C) Absolute Pollution Exclusion Exclusion (i) in GL -109 is deleted and replaced with the following: "(i) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water." jec 10/31/91