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HomeMy WebLinkAbout66-02 RESOLUTION• RESOLUTION NO. Mm - A RESOLUTION TO APPROVE AN INTERIM AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO ALLOW IT TO TEMPORARILY EXPAND THE HOURS OF OPERATION OF THE SOLID WASTE TRANSFER STATION, PAY FOR REPLACEMENT OF THE LIP EDGE GUARD ON THE DUMPING PLATFORM, AND FOR OTHER PURPOSES WHEREAS, Waste Management of Arkansas, Inc.'s landfill near Tontitown, Arkansas was suddenly and unexpectedly closed by state decree on April 26, 2002; and WHEREAS, the City of Fayetteville owns the only area transfer station which allows garbage trucks to dump their loads to be compacted and loaded onto semi -trailer trucks to be hauled to a distant landfill; and WHEREAS, Waste Management of Arkansas, Inc. needs access to Fayetteville's Solid Waste Transfer Station for its garbage trucks picking up municipal waste in Springdale, Rogers and other areas in Northwest Arkansas; and WHEREAS, the City of Fayetteville wishes to assist our neighboring cities and their citizens by facilitating their garbage removal during this emergency period; and WHEREAS, Waste Management of Arkansas, Inc. has agreed to assist or completely pay for the repair and replacement of the Transfer Station's hp edge guard and agreed to reimburse the City for all additional employee and administrative costs incurred because of the necessary extension of the hours of operation of the Transfer Station; and WHEREAS, Waste Management of Arkansas, Inc. has agreed to use ONLY the City's designated route to deliver garbage to the Transfer Station and truck the compacted solid waste out of Fayetteville and to do all the other things within the Interim Agreement, and WHEREAS, an emergency endangering the health and safety of this region if the municipal garbage of our neighboring cities cannot be promptly • 1 removed exists so that this Resolution and Contract should be immediately effective. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the Interim Contract attached as Exhibit A and authorizes the Mayor to execute this contract immediately. PASSED and APPROVED this the 30th day of April, 2002. er Woodruff, City Werk APPROVED: By aglA eLld DAN COODY, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 66-02 04/30/02 Resolution No. 66-02 04/30/02 Interim Agreement (for use of the City of Fayetteville transfer station by Waste Management of Arkansas, Inc. for other Municipalities' Solid Waste 04/30/02 Special City Council Agenda plus agenda information • NOTES: • • INTERIM AGREEMENT FOR USE OF THE CITY OF FAYETTEVILLE TRANSFER STATION BY WASTE MANAGEMENT OF ARKANSAS, INC. FOR OTHER MUNICIPALITIES' SOLID WASTE On this 30th day of April, 2002, the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. ("Waste Management") agree (as a supplement to their current contract which remains in full force and effect) to the following supplemental terms and conditions which supplant the current contract's terms only if specifically noted: 1. The City of Fayetteville agrees to allow Waste Management to transport along a specifically designated route within the City of Fayetteville (see map attached as exhibit A) municipal solid waste from Spnngdale, Rogers and other municipalities served by Waste Management in Northwest Arkansas to the City of Fayetteville Transfer Station. 2. The City of Fayetteville agrees that during this emergency period caused by the sudden closing of Waste Management's landfill, near Tontitown, by state authorities, the hours of operation of the Transfer Station shall be extended so that solid waste may be delivered to the Transfer Station operated during such hours as necessary to handle the increased amount of solid waste Upon cessation of the emergency situation, the normal hours of operation pursuant to paragraph 3.01 of the General Specifications to the existing contract shall be re-established. 3. Waste Management agrees to require all of its drivers to strictly comply with the route map when delivering solid waste to the Transfer Station and when trucking the compacted solid waste to the landfill. The City of Fayetteville shall permit the parking of empty, clean, over the road tractor and trailers at a designated parking lot at the City of Fayetteville airport without charge to prevent the Transfer Station from becoming over crowded. 4. Waste Management agrees to reimburse the City of Fayetteville for all overtime or additional administrative or other employee costs related to the longer hours of operation of the Transfer Station. 5. To offset the additional wear and tear associated with the increased use of the Transfer Station by Waste Management and to induce the City of Fayetteville to allow such usage, Waste Management agrees to pay 50% of the • • costs of the replacement of the lip edge guard of the dumping platform to its originally built specifications. If Waste Management needs to use the Transfer Station for longer than one week pursuant to this emergency situation, then it shall increase its contribution for this needed repair by an additional 10% of the total cost each week until it assumes 100% of the total cost of replacement on June 3, 2002, if this agreement is still in effect. 6. Waste Management agrees to haul all of the City of Fayetteville's Class 4 solid waste at normal rates for municipal solid waste during this period. 7. Waste Management agrees that the City of Fayetteville franchise fee of 5% pursuant to paragraph 3 (e) of the underlying contract shall be applied to the collection rate of all solid waste delivered to the Fayetteville Transfer Station from other municipalities and customers of Waste Management. 8. Waste Management agrees that it will operate the transfer Station pursuant to lawful permits and not allow any permit violations and will haul all of the solid waste from this Transfer Station to proper, legally permitted landfills. Since the City of Fayetteville's solid waste will be commingled by Waste Management with about twice the volume of other municipal and other solid waste brought in by Waste Management during this emergency period, paragraph 10.00 of the General Specifications is modified so that title and liability for any hazardous waste and non -acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville during this period. 9. Waste Management agrees to name the City of Fayetteville as an additional insured, to the extent of its "hold harmless" obligations under paragraph 10 below, on its current general liability and pollution policies Waste Management may satisfy this requirement by obtaining appropriate endorsements to any master policies of general liability and pollution insurance Waste Management maintains. Waste Management shall look to insurance for loss due to any peril that is covered by insurance and Waste Management's insurance company shall not be subrogated to a claim against the City of Fayetteville. Nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 10. During this period of vastly increased traffic into and out of Fayetteville's Transfer Facility, Waste Management will ensure the safe operation of the Transfer Facility and hold Fayetteville harmless from claims or liabilities for accidents caused by Waste Management, its contractors or subcontractors and ensure Fayetteville is promptly and adequately compensated for any damage to its trucks, machines, equipment, real and personal property and personnel. 11. All terms and conditions of the current Agreement To Transport And Dispose Of Municipal Solid Waste And For Operation Of Transfer Station renewed for a five year term beginning April 1, 2001 (as amended) shall remain in full force and effect unless expressly and directly changed temporarily by this Interim Agreement. 12. This Interim Agreement shall terminate upon the full reopening of the landfill near Tontitown and may be terminated or modified upon 30 -day written notice delivered to the other party. CITY OF FAYETTEVILLE, ARKANSAS By: WASTE MANAGEMENT OF ARKANSAS, INC By Dan Coody, Mayor 4 John Van Gessel Its Vice President r to t.w. aTtES • �' • bodruff, City Cl Witness 05/01/02 15:33 FAX 5013791701 QUATTLEBAUM GROOMS • • INTERIM AGREEMENT FOR USE OF THE CITY OF FAYETTEVILLE TRANSFER STATION BY WASTE MANAGEMENT OF ARKANSAS, INC. FOR OTHER MUNICIPALITIES' SOLID WASTE On this 30th day of April, 2002, the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. ("Waste Management") agree (as a supplement to their current contract wluch remains in hill force and effect) to the following supplemental terms and conditions which supplant the current contract's terms only if specifically noted: 1. The City of Fayetteville agrees to allow Waste Management to transport along a specifically designated route within the City of Fayetteville (see map attached as exhibit A) municipal solid waste from Springdale, Rogers and other municipalities served by Waste Management in Northwest Arkansas to the City of Fayetteville Transfer Station. 2. The City of Fayetteville agrees that during this emergency period caused by the sudden closing of Waste Management's landfill, near Tontitown, by state authorities, the hours of operation of the Transfer Station shall be extended so that solid waste may be delivered to the Transfer Station operated during such hours as necessary to handle the increased amount of solid waste Upon cessation of the emergency situation, the normal hours of operation pursuant to paragraph 3.01 of the General Specifications to the existing contract shall be re-established. 3. Waste Management agrees to require all of its drivers to strictly comply with the route map when delivering solid waste to the Transfer Station and when trucking the compacted solid waste to the Landfill. The City of Fayetteville shall permit the parking of empty, clean, over the road tractor and trailers at a designated parking lot at the City of Fayetteville airport without charge to prevent the Transfer Station from becoming over crowded. 4. Waste Management agrees to reimburse the City of Fayetteville for all overtime or additional administrative or other employee costs related to the longer hours of operation of the Transfer Station. 5. To offset the additional wear and tear associated with the increased use of the Transfer Station by Waste Management and to induce the City of Fayetteville to allow such usage, Waste Management agrees to pay 50% of the Ij002/009 05/01/02 15:34 FAX 5013791701 QUATTLEBAUM GROOMS • • costs of the replacement of the lip edge guard of the dumping platform to its originally built specifications. If Waste Management needs to use the Transfer Station for longer than one week pursuant to this emergency situation, then it shall increase its contribution for this needed repair by an additional 10% of the total cost each week until it assumes 100% of the total cost of replacement on June 3, 2002, if this agreement is still in effect. 6. Waste Management agrees to haul all of the City of Fayetteville's Class 4 solid waste at normal rates for municipal solid waste during this period. 7. Waste Management agrees that the City of Fayetteville franchise fee of 5% pursuant to paragraph 3 (e) of the underlying contract shall be applied to the collection rate of all solid waste delivered to the Fayetteville Transfer Station from other municipalities and customers of Waste Management. 8. Waste Management agrees that it will operate the transfer Station pursuant to lawful permits and not allow any permit violations and will haul all of the solid waste from this Transfer Station to proper, legally permitted landfills. Since the City of Fayetteville's solid waste will be commingled by Waste Management with about twice the volume of other municipal and other solid waste brought in by Waste Management during this emergency period, paragraph 10.00 of the General Specifications is modified so that title and liability for any hazardous waste and non -acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville during this period. 9. Waste Management agrees to name the City of Fayetteville as an additional insured, to the extent of its "hold harmless" obligations under paragraph 10 below, on its current general liability and pollution policies. Waste Management may satisfy this requirement by obtaining appropriate endorsements to any master policies of general liability and pollution insurance Waste Management maintains. Waste Management shall look to insurance for loss due to any peril that is covered by insurance and Waste Management's insurance company shall not be subrogated to a claim against the City of Fayetteville. Nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 10. During this period of vastly increased traffic into and out of Fayetteville's Transfer Facility, Waste Management will ensure the safe operation of the Transfer Facility and hold Fayetteville harmless from claims or liabilities for Ij003/004 05/01/02 15:34 FAX 5013791701 QUATTLEBAUM, GROOMS • accidents caused by Waste Management its contractors or subcontractors and ensure Fayetteville is promptly and adequately compensated for any damage to its trucics, machines, equipment, real and personal property and personnel_ 11 All terms and conditions of the current Agreement To Transport And Dispose Of Municipal Solid Waste And For Operation Of Transfer Station renewed for a five year term beginning April 1, 2001 (as amended) shall remail in hill force and effect unless expressly and directly changed temporarily by this Interim Agreement. 12. This Interim Agreement shall terminate upon the full reopening of the landfill near Tontitown and may be terminated or modified upon 30 -day written .notice delivered to the other party. CITY OF FAYETTEVILLE, ARKANSAS By: Dan oody, Mayor t ) w - oodruff, City Clerk Witness WASTE MANAGEMENT OF ARKANSAS, INC By: John Van Gessel Its Vice President • Q1004/004 FAYETTEVILLE • THE CITY OF FAYETTEVILLE, ARKANSAS AGENDA SPECIAL CITY COUNCIL APRIL 30, 2002 A special meeting of the Fayetteville City Council will be held at 4:20 p.m. on April 30, 2002, in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 1. WASTE MANAGEMENT: A resolution to approve an interim agreement with Waste Management, Inc. to allow it to temporarily expand the hours of operation of the Solid Waste Transfer Station, pay for replacement of the lip edge guard on the dumping platform, to declare an emergency and for other purposes. 113 WEST MOUNTAIN 72701 479-621-7700 FAX 479-6768257 • • • RESOLUTION NO. A RESOLUTION TO APPROVE AN INTERIM AGREEMENT WITH WASTE MANAGEMENT, INC. TO ALLOW IT TO TEMPORARILY EXPAND THE HOURS OF OPERATION OF THE SOLID WASTE TRANSFER STATION, PAY FOR REPLACEMENT OF THE LIP EDGE GUARD ON THE DUMPING PLATFORM, TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES WHEREAS, Waste Management, Inc.'s landfill near Tontitown, Arkansas was suddenly and expectedly closed by state decree on Apnl 26, 2002; and WHEREAS, the City of Fayetteville owns the only area transfer station which allows garbage trucks to dump their loads to be compacted and loaded onto semi -trailer trucks to be hauled to a distant landfill; and WHEREAS, Waste Management, Inc. needs access to Fayetteville's Solid Waste Transfer Station for its garbage trucks picking up municipal waste in Springdale, Rogers and other areas in Northwest Arkansas; and WHEREAS, the City of Fayetteville wishes to assist our neighboring cities and their citizens by facilitating their garbage removal during this emergency period; and WHEREAS, Waste Management, Inc. has agreed to assist or completely pay for the repair and replacement of the Transfer Station's lip edge guard and agreed to reimburse the City for all additional employee and administrative costs incurred because of the necessary extension of the hours of operation of the Transfer Station; and WHEREAS, Waste Management, Inc. has agreed to use ONLY the City's designated route to deliver garbage to the Transfer Station and truck the compacted solid waste out of Fayetteville and to do all the other things within the Interim Agreement; and WHEREAS, an emergency endangering the health and safety of this region if the municipal garbage of our neighboring cities cannot be promptly • • removed exists so that this Resolution and Contract should be immediately effective NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the Interim Contract attached as Exhibit A and authorizes the Mayor to execute this contract immediately. Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines that the immediate operation of this contract is necessary to preserve the health and safety of the citizens of Fayetteville and our neighboring cities and so declares an emergency exists so that this Resolution and the Interim Agreement shall be in full force and effect immediately upon its passage and execution. PASSED and APPROVED this the 30th day of April, 2002. ATTEST: By: Heather Woodruff, City Clerk APPROVED: By: DRAFT DAN COODY, Mayor FAYETTEV1I.LE Kit Williams CITY ATTORNEY • THE CITY OF FAYETTEVILLE, ARKANSAS CITY ATTORNEY DIVISION 113 WEST MOUNTAIN, 72701 PHONE 501.5758313 FAX: 501.575-8315 April 30, 2002 Waste Management of Arkansas, Inc. ATTN: Mr. Chuck Dees By FAX: 713-647-5466 RE: Interim Agreement Dear Mr. Dees and Mr. Wheatley: Attached is the Interim Agreement revised pursuant to your request. If this is satisfactory, please sign and fax it back to me. Please also provide your mailing address so I can send you an origral for your signature which we will eventually substitute for the signed fax copy. With kindest regards, Kit Williams Fayetteville City Attorney KW/jh Enclosure 04-30-2002 10:02am From- T-160 P.001/005 F-631 • 820 Gessner, Suite 940, Houston, D( 77024 Office: (713) 647.5450 FAX (713)647-6486 Fax • Waste Management Texas / Oklahoma Region Office To: Kit Williams From: Chuck Dees Fate 501-575-8315 Pages: 5 Phone: Data 4/30/02 Re: CC: 0 Urgent ID For Review 0 Please Comment 0 Please Reply 0 Please Recycle • Comments: Attached is a signed copy of the Interim Agreement per your request Our mailing address is: 820 Lessner Suite 940 Houston, ix 77024 Please notify Chuck Dees when received. Thanks. Geny Nall • • INTERIM AGREEMENT FOR USE OF THE CITY OF FAYETTEVILLE TRANSFER STATION BY WASTE MANAGEMENT OF ARKANSAS, INC. FOR OTHER MUNICIPALITIES' SOLID WASTE On this 30th day of April, 2002, the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. ("Waste Management") agree (as a supplement to their current contract which remains in full force and effect) to the following supplemental terms and conditions which supplant the current contract's terms only if specifically noted: 1. The City of Fayetteville agrees to allow Waste Management to transport along a specifically designated route within the City of Fayetteville (see map attached as exhibit A) municipal solid waste from Springdale, Rogers and other municipalities served by Waste Management in Northwest Arkansas to the City of Fayetteville Transfer Station. 2. The City of Fayetteville agrees that during this emergency period caused by the sudden closing of Waste Management's landfill, near Tontitown, by state authorities, the hours of operation of the Transfer Station shall be extended so that solid waste may be delivered to the Transfer Station operated during such hours as necessary to handle the increased amount of solid waste Upon cessation of the emergency situation, the normal hours of operation pursuant to paragraph 3.01 of the General Specifications to the existing contract shall be re-established. 3. Waste Management agrees to require all of its drivers to strictly comply with the route map when delivering solid waste to the Transfer Station and when trucking the compacted solid waste to the landfill. The City of Fayetteville shall permit the parking of empty, clean, over the road tractor and trailers at a designated parking lot at the City of Fayetteville airport without charge to prevent the Transfer Station from becoming over crowded. 4. Waste Management agrees to reimburse the City of Fayetteville for all overtime or additional administrative or other employee costs related to the longer hours of operation of the Transfer Station. 5. To offset the additional wear and tear associated with the increased use of the Transfer Station by Waste Management and to induce the City of Fayetteville to allow such usage, Waste Management agrees to pay 50% of the • • costs of the replacement of the lip edge guard of the dumping platform to its originally built specifications. If Waste Management needs to use the Transfer Station for longer than one week pursuant to this emergency situation, then it shall increase its contribution for this needed repair by an additional 10% of the total cost each week until it assumes 100% of the total cost of replacement on June 3, 2002, if this agreement is still in effect. 6. Waste Management agrees to haul all of the City of Fayetteville's Class 4 solid waste at normal rates for municipal solid waste during this period. 7. Waste Management agrees that the City of Fayetteville franchise fee of 5% pursuant to paragraph 3 (e) of the underlying contract shall be applied to the collection rate of all solid waste delivered to the Fayetteville Transfer Station from other municipalities and customers of Waste Management. 8. Waste Management agrees that it will operate the transfer Station pursuant to lawful permits and not allow any permit violations and will haul all of the solid waste from this Transfer Station to proper, legally permitted landfills. Since the City of Fayetteville's solid waste will be commingled by Waste Management with about twice the volume of other municipal and other solid waste brought in by Waste Management during this emergency period, paragraph 10.00 of the General Specifications is modified so that title and liability for any hazardous waste and non -acceptable waste is presumed not to have been generated or delivered by the City of Fayetteville during this period. 9. During this period of vastly increased traffic into and out of Fayetteville's Transfer Facility, Waste Management will ensure the safe operation of the Transfer Facility and hold Fayetteville harmless from claims or liabilities for accidents caused by Waste Management, its contractors or subcontractors and ensure Fayetteville is promptly and adequately compensated for any damage to its trucks, machines, equipment, real and personal property and personnel. 10. All terms and conditions of the current Agreement To Transport And Dispose Of Municipal Solid Waste And For Operation Of Transfer Station renewed for a five year term beginning April 1, 2001 (as amended) shall remain in full force and effect unless expressly and directly changed temporarily by this Interim Agreement. • 04-30-2002 10:03am From - • • T -I60 P.0051005 F-631 11. This Interim Agreement shall terminate upon the full reopening of the landfill near Tontitown and may be terminated or modified upon 30 -day written notice delivered to the other party. CITY OF ASTE MANAGEMENT FAYETTEVILLE, ARKANSAS 4 F ARKANSAS, INC. By: 14: (_�--). L ' Chuck Dees Group Vice President Dan Coody, Mayor ATTEST: By: Heather Woodruff, City Clerk —WEDINGTON DR • : HWY_112 -- W IW J 0 U �O /W CO t, O K TOWNSHIP -ST v -------------------------- OVERFLOW PARKING DRAKE: FIELD • • M15 1S ON BLVD • • • HUNTSVILLE RD • SOLID WASTE TRANSFER STATION • • • • • • • • • • • • • 4 EXHIBIT A TO INTERIM AGREEMENT WASTE MANAGEMENT'S DRIVER PERMITTED ROUTE THROUGH FAYETTEVILLE, AR 0 0.5 1 2 Miles APRIL 30, 2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WFIITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: All City Council Members FROM: Kit Williams, City Attorney DATE. April 30, 2002 RE: Special Meeting of City Council Interim Agreement For Use Of Transfer Facility On Monday morning, Mayor Coody, General Services Director Gary Dumas, Budget Director Steve Davis, Solid Waste Supervisors Carrol Hill and Ronnie Caudle and I met with several representatives of Waste Management of Arkansas, Inc. to hammer out terms of an Interim Agreement for increased use of our Transfer Station. I drafted a proposed Interim Agreement and have negotiated with the Group Vice President of Waste Management out of their Houston, Texas office, Mr. Chuck Dees. We now have a signed, faxed copy of the proposed Interim Agreement. (attached) The City Administration and I recommend that the City Council approve this Interim Agreement which includes several provisions to ensure our city and our citizens are not adversely impacted by Waste Management's increased use of our Transfer Station. For example, all truck traffic must only use I-540 to Business 71 South to Highway 16 East to the Transfer Station Waste Management has agreed to help • • repair and replace the lip edge guard at our Transfer Station because of this increased use. All non -Fayetteville trash transferred through our Transfer Station to be hauled away on over the road trucks is subject to the 5% franchise fee payable to the City. I have also included a couple of sections to limit our potentially increased liability from the increased trash volume flowing through our facility. Please also note we have a 30 -day right to terminate this Interim Agreement we April 26, 2002 To: Insurance Administrator From: Jennifer Land Re: OCP Policy Attached you will find the requested OCP policy. If you should have any questions or if this policy is no longer needed, please contact me at (713) 458-5234. Sincerely, J fer A. d /j I LOCKTON INSURANCEAOENCYOF HOUSTON, INC Insurance and Risk Management Specialists 5847 San Felipe, Suite 320 Houston, TX 77057 (713) 458-5200/FAX: (713)458-5299 General Liability Policy - Jeclarations ❑ Bankers Standard Insurance Company 1601 Chestnut Street, P.O. Box 41484 Philadelphia, Pennsylvania 19101-1484 ❑ Century Indemnity Company 1601 Chestnut Street, P.O. Box 41484 Philadelphia, Pennsylvania 19101-1484 ❑ ACE Fire Underwriters Insurance Company 1601 Chestnut Street, P.O. Box 41484 Philadelphia, Pennsylvania 19101-1484 ❑ ACE American Insurance Company 1601 Chestnut Street, P.O. Box 41484 NAMED INSURED AND ADDRESS Fayetteville, City of 113 W. Mountain Street Fayetteville, AR 72701-6083 POLICY IS NAMED INSURED IS BUSINESS OF INSURED Municipality Government • ACE USA ❑ ACE Property and Casualty Insurance Company 1601 Chestnut Street, P.O. Box 41484 Philadelphia. Pennsylvania 19101-1484 ❑ Indemnity Insurance Company of North America 1601 Chestnut Street, P.O. Box 41484 Philadelphia, Pennsylvania 19101-1484 ❑ Insurance Company of North America 1601 Chestnut Street, P.O. Box 41484 Philadelphia, Pennsylvania 19101-1484 Pacific Employers Insurance Company 1601 Chestnut Street, P.O. Box 41484 Philadelphia, Pennsylvania 19101-1484 POLICY IDENTIFICATION OCP G19899767 PRIOR POLICY NO. OR NEW: New PRODUCER CODE: 229933 COMM: Nil EMAR Group, Inc. Eisenhower Plaza, 354 Eisenhower Parkway Livingston, NJ 07039 MARKETING OFFICE: 5DU MARKET HAZARD CODE: 3 PI IC CODE: 495311 INDUSTRY CODE: OF POLICY PERIOD : FROM 01/01/2000 TO 01/01/2001 YOUR MAILING ADDRESS SHOWN ABOVE. PREMIUM PAYMENT CONDITIONS AUDIT PERIOD : Not Auditable PAYMENT FREQUENCY : Annual PAYMENT SCHEDULE : Annual TOTAL ADVANCE PREMIUM: $2,500 PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE. LD-8E00b (8/96) Printed in the U.S.A. • ICY (DENT FICATION DECLARATIONS_GEN AL LIABILITY POLICY Page 2 oc I IG19899767 —� COVERAGES AND LIMITS OF INSURANCE In return for the payment of premium indicated above, we agree with you to provide the following coverage(s) at the limits shown, subject to all of the terms and conditions of this policy. Coverage Form: Owners and Contractors Protective. Liability Aggregate Limit $ Each Occurrence Limit $ Deductible Amount (this reduces the Limit of Insurance shown as $ CONTRACTOR INFORMATION Limits of Insurance 2,000,000 2,000,000 Description of Operations: Collection of residential and commercial refuse and residential and commercial collection of recycled items compost and/or sludge. Name and Address of Designated Contractor: Waste Management, Inc. 1001 Fannin Street, Suite 4000 Houston, TX 77002 Name and Address of involved Governmental Authority or other contracting party (if applicable): SCHEDULE OF LOCATIONS LOCATION NUMBER AND ADDRESS Fayetteville, City of 113 W. Mountain Street Fayetteville, AR 72701-6083 Printed in U.S.A. AA077602 0 POLICY IDENTIFICATION 619899767 DECLARATIONS — GENERAL LIABILITY POLICY Page 3 SCHEDULE OF COVERAGES COVERAGE PART: Location Class Code/ Premium Number Coverage Classification Description Basis Exposure Rate Premium 1 OCP 16291 $ $2,500 $ $ $ $ $ S S S S S 5 S TOTAL PREMIUM FOR THIS COVERAGE PART S 2,500 When used as a premium basis the following code definitions apply: A - Area - Per 1,000 square feet of area O- Other C - Total Cost - per $1,000 of total cost P - Payroll — per $1,000 of payroll D - If Any S - Gross Sales - per $1,000 of Gross Sales E - Admissions - per 1,000 admissions U - Units F - Flat Charge X- Each J - Total Operating Expenditures — per $1,000 of Expenditures LD-2D51a (Ed. 3/87) Printed in U.S.A. AA067271a POLICY IDENTIFICATION DECLARATIONS - GENERAL LIABILITY POLICY Page 4 roc P G19899767 FORMS AND ENDORSEMENTS (Page 1 of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SCHEDULE OF COVERAGE PARTS CG00090798 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor SCHEDULE OF Endt. No. Form No. Description 1. LD7F23 2. LD3R16 3. LD4S35 4. IL00210498 5. CG26441195 6. CG29230490 7. CGO0580999 Absolute Pollution Exclusion Exclusion - Asbestos Exclusion - Lead Nuclear Energy Liability Exclusion Endorsement (Broad Form) Arkansas Changes - Non -Binding Arbitration Arkansas Changes Amendment of Insuring Agreement - Known Injury or Damage and Inspections and Surveys Condition This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes this policy. COUNTERSIGNED AT: DATE: AUTHORIZED AGENT: LD-2A48a (Ed. 3/87) Printed in U.S.A AA 067266a 0 POLICY NUMBER: OCP G19899767 COMMERCIAL GENERAL LIABILITY CG 00 09 07 98 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 organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property dam- age" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, 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 Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements. 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 if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" and arises out of: (a) Operations performed for you by the "contractor' at the location specified in the Declarations; or (b) Your acts or omissions in connection with the general supervision of such op- erations; 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 care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions - This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or CG 00 09 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 8 O (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of li- ability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are al- leged. c. Work Completed Or Put To Intended Use "Bodily injury" or "property damage" which oc- curs after the earlier of the following times: (1) When all "work" on the project (other than service, maintenance or repairs) to be performed for you by the "contractor" at the site of the covered operations has been completed; or (2) When that portion -of the "contractor's" "work", out of which the injury or damage arises, has been put to its intended use by any person or organization, other than an- other contractor or subcontractor working directly or indirectly for the "contractor" or as part of the same project. d. Acts Or Omissions By You And Your Employees "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. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. f. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (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 else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". g. Damage To Property "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 "contrac- tor". h. War "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: (1) Liability assumed under an "insured con- tract"; or (2) Expenses for first aid. I. Mobile Equipment "Bodily injury" or "property damage" arising out of the use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. j. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease 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. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot from equip- ment used to heat that building; Page 2 of 8 Copyright, Insurance Services Office, Inc., 1997 CG 00 09 07 98 O (ii) "Bodily injury" or "property damage" (e) At or from any premises, site or location arising out of heat, smoke or fumes on which any insured or any contractors from a "hostile fire"; or subcontractors working directly or in - (b) At or from any premises, site or location directly on any insured's behalf are which is or was at any time used by or performing operations if the operations for any insured or others for the ban- are to test for, monitor, clean up, re- dling, storage, disposal, processing or move, contain, treat, detoxify or neu- treatment of waste; tralize, or in any way respond to, or as- sess the effects of "pollutants". (c) Which are or were at any time trans- (2) Any loss, cost or expense arising out of ported, handled, stored, treated, dis- posed of, or processed as waste by or any: for any insured or any person or organi- (a) Request, demand, order or statutory or zation for whom you may be legally re- regulatory requirement that any insured sponsible; or or others test for, monitor, clean up, re - (d) At or from any premises, site or location move, contain, treat, detoxify or neu- on which any insured or any contractors tralize, or in any way respond to, or as - "pollutants"; or subcontractors working directly or in- sess the effects of or directly on any insured's behalf are (b) Claim or suit by or on behalf of a gov- performing operations if the "pollutants" emmental authority for damages be - are brought on or to the premises, site cause of testing for, monitoring, clean - or location in connection with such op- ing up, removing, containing, treating, erations by such insured, contractor or detoxifying or neutralizing, or in anyway subcontractor. However, this subpara- responding to, or assessing the effects graph does not apply to: of "pollutants". (i) "Bodily injury" or "property damage" However, this paragraph does not apply to arising out of the escape of fuels, lu- liability for damages because of "property bricants or other operating fluids damage" that the insured would have in the which are needed to perform the absence of such request, demand, order or normal electrical, hydraulic or me- statutory or regulatory requirement, or such chanical functions necessary for the claim or "suit" by or on behalf of a govern - operation of "mobile equipment" or mental authority. its parts, if such fuels, lubricants or k. Damage To Impaired Property Or Property other operating fluids escape from a Not Physically Injured vehicle part designed to hold, store or receive them. This exception "Property damage" to "impaired property" or does not apply if the "bodily injury" property that has not been physically injured, or "property damage" arises out of arising out of: the intentional discharge, dispersal (1) A defect, deficiency, inadequacy or dan- or release of the fuels, lubricants or gerous condition in "work" performed for other operating fluids, or if such fu- you by the "contractor'; or els, lubricants or other operating (2) A delay or failure by you or anyone acting fluids are brought on or to the prem- on your behalf to perform a contract or ises, site or location with the intent agreement in accordance with its terms. that they be discharged, dispersed or released as part of the operations This exclusion does not apply to the loss of being performed by such insured, use of other property arising out of sudden and contractor or subcontractor; accidental physical injury to "work" performed "property for you by the "contractor". (ii) "Bodily injury" or damage" sustained within a building and SUPPLEMENTARY PAYMENTS caused by the release of gases, 1. We will pay, with respect to any claim we investi- fumes or vapors from materials gate or settle, or any "suit" against an insured we brought into that building in connec- defend: tion with operations being performed by or on behalf of any insured; or a. All expenses we incur. (iii) "Bodily injury" or "property damage" b.. Up to $250 for cost of bail bonds required arising out of heat, smoke or fumes because of accidents or traffic law violations from a "hostile fire", arising out of the use of any vehicle to which this insurance applies. We do not have to fur- nish these bonds. CG 00 09 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 3 of 8 ❑ c. 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. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", in- cluding actual loss of earnings up to $250 a day because of time off from work. e. All costs taxed against the insured in the "suit". f. 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. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or depos- ited in court the part of the judgment that is within the applicable limit of insurance. h. Expenses incurred by the insured for first aid administered to others at the time of an acci- dent, for "bodily injury" to which this insurance applies. These payments will not reduce the limits of in- surance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed by the insured in the same "insured contract" d. The allegations in the "suit" and the informa- tion we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indem- nitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coor- dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit" and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attor- neys fees incurred by us in the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litiga- tion expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION 11 -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. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to their duties as members of a limited liability company. Your managers are insureds, but only with respect to their duties as your managers. Page 4 of 8 Copyright, Insurance Services Office, Inc., 1997 CO 00 09 07 98 O • d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders 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 as your real es- tate 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 property; 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, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless 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 be- cause of all "bodily injury" and "property damage" arising out of any one "occurrence". If you designate more than one project in the Decla- rations, the Aggregate Limit shall apply separately to each project. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured will not relieve us of our obligations under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of can- cellation. b. We may cancel this policy by mailing or deliv- ering to the first Named Insured and the "con- tractor" written notice of cancellation at least: (1) 10 days before the effective date of can- cellation if 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. e. 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. 3. Changes This policy contains all the agreements between you, the "contractor and us concerning the insur- ance afforded. The first Named Insured shown in the Declarations and the "contractor" are author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued 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 are 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; CG 00 09 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 5 of 8 O I (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 no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Examination Of Your Books And Records We may examine and audit your books and rec- ords as well as the "contractor's" books and rec- ords 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 in- spections. 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 stan- dards. ' This condition applies not only to us, but also to any rating, advisory, rate service or similar or- ganization which makes insurance inspections, surveys, 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; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. 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 represen- tative. 8. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribu- tion from any other insurance available to you unless the other insurance is provided by a con- tractor other than the designated "contractor" for the same operation and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Un- der this approach, each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit con- tribution 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 insur- ance 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 return premiums we pay. Page 6 of 8 Copyright, Insurance Services Office, Inc., 1997 CG 00 09 07 98 O 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 compute 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 period is greater than the earned premium, we will re- turn the excess to the "contractor". c. The "contractor" must keep records of the information 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. Transfer 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 expi- ration 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, in- cluding 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 re- sulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations. 4. "Employee" includes a "leased worker. "Em- ployee" does not include a "temporary worker". 5. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 6. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 7. "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, in- adequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of the work performed for you; or b. Your fulfilling the terms of the contract or agreement. 8. "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 op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 10."Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery 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 equipment such as graders, scrapers or rollers; CG 00 09 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 7 of 8 ❑ [1 • 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; 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 construction or resurfacing; or (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. 11."Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 12."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 13."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss 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 "occur- rence" that caused it. 14."Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 15.'Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short- term workload conditions. 16."Work" includes materials, parts or equipment furnished in connection with the operations. Page 8 of 8 Copyright, Insurance Services Office, Inc., 1997 CG 00 09 07 98 O POLICY NUMbtK: UCF Ci1`3a77/by • • tivu I . WI MBSOLUTE POLLUTION EXCLUSION Named Insured Fayetteville, City of Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G19899767 01/01/2000 to 01/01/2001 01/01/2000 Issued By (Name of Insurance Company) Pacific Employers Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement replaced any pollution exclusion and amends all insurance provided under the following: COMMERCIAL GENERAL LIABILITY FORM FARM COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK This insurance does not apply to any injury, damage, expense, cost, loss, liability or legal obligation arising out of or in any way related to pollution, however caused. Pollution includes the actual, alleged or potential presence in or introduction into the environment of any substance if such substance has, or is alleged to have, the effect of making the environment impure, harmful, or dangerous. Environment includes any air, land, structure or the air therein, watercourse or water, including underground water. We shall have no duty to defend any suit arising out of or in any way related to pollution. LD-7F23 (Ed. 3/91) Ptd, In U.S.A. POLICY NUMIdtK: OCP U1S+syaror • • CIVul. BL EXCLUSION - ASBESTOS Named Insured Fayetteville, City of Endorsement Number 2 Policy Symbol Policy Number Policy Period Eff. Date of Endorsement OCP 619899767 01/01/2000 to 01/01/2001 01/01/2000 Issued By (Name of Insurance Company) Pacific Employers Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM FARM COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK This insurance does not apply to any loss, demand, claim or "suit" arising out of or related in any way to asbestos or asbestos -containing materials. - Authorized Agent LD-3R16 (Ed. 3/87) Printed in U.S.A. Reprinted in part with permission of Insurance Service Office, Inc., 1985 POLICY NUMBER: OCP G1989976w • • ENDT. #3 EXCLUSION - LEAD Named Insured Fayetteville, City of Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G19899767r 01/01/2000 to 01/01/2001 01/01/2000 Issued By (Name of Insurance Company Pacific Employers Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY FORM FARM COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK THE COMBINE POLICY - SECTION II COMMERCIAL FARM POLICY — SECTION II FARMERS PACKAGE POLICY — SECTION II This insurance does not apply to, and we shall have no duty of any kind with respect to, any injury, damage, expense, cost, loss, liability or legal obligation arising out of or allegedly arising out of or in any way related to the toxic properties of lead or lead -containing products, materials or substances. This exclusion applies to all forms of lead, including but not limited to solid, liquid, vapor and fumes. This exclusion applies, but is not limited, to any injury, damage, expense, cost, loss, liability or legal obligation to test for, monitor, abate, remove, or take any other remedial action with respect to lead or lead -containing products, materials or substances. The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion, do not also exclude coverage for lead -related injury, damage, expense, cost, loss, liability or legal obligation. Authorized Agent LO -4S35 (Ed. 6/92) Ptd. In U.S.A. POLICY NUMBER: OCP G19899767 ENDT. #4 INTERLINE IL00210498 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its 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 (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, 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 "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) 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 "insured" 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. 2. As used in this endorsement: IL 00 21 04 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 O L C "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Special nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act 01 1954 or in any law amendatory thereof. "Spent fuel" means any 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 (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a) 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 material 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; (d) 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. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1997 IL 00 21 04 98 O POLICY NUMBER: OCP G19899767 ENDT. #5 COMMERCIAL GENERAL LIABILITY CG 26 44 11 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - NON -BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTION LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether cover- age is provided under this Coverage Part or Policy for a claim made against the insured, both parties may, by mutual consent, agree in writing to arbi- tration of the disagreement. If both parties agree to arbitrate, each party will se- lect an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both par- ties must request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will ap- ply. Any decision agreed to by the arbitrators may be appealed to a court of competent jurisdiction. • POLICY NUMBER: OCP G19899767 ENDT. #6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Minimum Premium: (If no entry appears above, information required to complete as applicable to this endorsement.) A. Paragraph e. of the Cancellation Condition is B replaced by the following: e. (1) If this policy is cancelled, we will send the "contractor" any premium refund due. (2) We will refund the pro rata unearned pre- mium if the policy is: (a) Cancelled by us or at our request; (b) Cancelled but rewritten with us or in our company group; (c) Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance; or (d) Cancelled after the first year of a pre- paid policy that was written for a term of more than one year. (3) If the policy is cancelled at the request of the first Named Insured or the "contractor other than a cancellation described in (2) (b), (c) or (d) above, we will refund 90% of the pro rata unearned premium. However, the refund will be less than 90% of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. (4) The cancellation will be effective even if we have not made or offered a refund. (5) If the first Named Insured or the "contrac- tor' cancels this policy, we will retain the minimum premium shown in the Schedule. this endorsement will be shown in the Declarations The following is added to the Cancellation Condi- tion (Section I V): g. Cancellation of Policies in Effect More Than 60 Days. (1) If this policy has been in effect more than 60 days or is a renewal policy, we may cancel only for one or more of the following reasons: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the pol- icy or in presenting a claim under the policy; (c) The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance; (d) Violation of any local fire, health, safety, building or construction regulation or or- dinance with respect to any insured property or its occupancy which sub- stantially increases any hazard insured against under the policy; (e) Nonpayment of membership dues in those cases where our by-laws, agree- ments or other legal instruments require payment as a condition of the issuance and maintenance of the policy; or (f) A material violation of a material provi- sion of the policy. CG 29 23 04 90 Copyright, Insurance Services Office, Inc., 1990 Page 1 of 2 O (2) If we cancel for nonpayment of premium, C. The following is added to CONDITIONS (Section we will mail or deliver written notice of can- IV): cellation, stating the reason for cancella- 13. Multi -Year Policies tion, to the first Named Insured and the "contractor at least 10 days before the ef- We may issue this policy for a term in excess fective date of cancellation. of twelve months with the premium adjusted on an annual basis in accordance with our If we cancel for any other reason, we will rates and rules. mail or deliver notice of cancellation to the first Named Insured and the "contractorat least 20 days prior to the effective date of cancellation. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1990 CG 29 23 04 90 O L • POLICY NUMBER: OCP G19899767 ENDT. #7 COMMERCIAL GENERAL LIABILITY CG 00 58 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURING AGREEMENT - KNOWN INJURY OR DAMAGE AND INSPECTIONS AND SURVEYS CONDITION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section I — Coverages is replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investi- gate 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 Section III — Limits Of Insurance: and (2) Our right and duty to defend end when we 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 un- less explicitly provided for under Supple- mentary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" and arises out of: (a) Operations performed for you by the "contractor' at the location specified in the Declarations; or (b) Your acts or omissions in connection with the general supervision of such operations; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive no- tice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or author- ized "employee" knew, prior to the pol- icy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property dam- age" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the pol- icy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have oc- curred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; CG 00 58 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 O I (2) Receives a written or verbal demand or 2. We are not obligated to make any inspections, claim for damages because of the "bod- - surveys, reports or recommendations and any ily injury" or "property damage"; or such actions we do undertake relate only to in - (3) Becomes aware by any other means surability and the premiums to be charged. We that "bodily injury" or "property damage" do not make safety inspections. We do not un- has occurred or has begun to occur. dertake to perform the duty of any person or organization to provide for the health or safety e. Damages because of "bodily injury" include of workers or the public. And we do not warrant damages claimed by any person or organi- that conditions: zation for care, loss of services or death re- "bodily a. Are safe or healthful; or sulting at any time from the injury". B. Paragraph 6. of Section IV — Conditions is re- b. Comply with laws, regulations, codes or placed by the following: standards. 1. We have the right to: 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, a. Make inspections and surveys at any time; rate service or similar organization which b. Give you reports on the conditions we find; makes insurance inspections, surveys, reports and or recommendations. c. Recommend changes. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure vessels or elevators. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1998 CG 00 58 09 99 O 0 0 ANNIVERSARY ENDORSEMENT Named Insured Fayetteville, City o£ Endorsement Number 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G19899767 01/01/2000 to 01/01/2001 01/01/2001 Issued By (Name of Insurance Company) Pacific Employers Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM We agree with you that the policy term is extended for one year. The expiration date in the Declarations is amended to read: 01/01/2002. The premium for the term 01/01/2001 to 01/01/2002 is $2,500. All other terms or conditions of this policy continue to apply. CC -1E15 Ptd. In U.S.A. RENEWAL ENDORSEMENT Named Insured Fayetteville, City of Endorsement Number 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G19899767 01/01/2001 to 01/01/2002 01/01/2002 Issued By (Name of Insurance Company) Pacific Employers Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM We agree with you that the policy term is extended for one year. The expiration date in the Declarations is amended to read: 01/01/2003. The premium for the term 01/01/2002 to 01/01/2003 is $2,500. All other terms or conditions of this policy continue to apply. #AKt(1 Authorized Aaent GC -1 E15 Ptd: fn U.S.A. 010 03 City of Fayetteville 5/01/2002 Update Windex Maintenance • 15:19:53 Document iteirr Action Reference Date Ref. Taken Brief Description RES 4302002 66-02 WASTE MANAGEMENT/TEMP. HRS EXPAND Enter Keywords........: RES. 66-02 INTERIM AGREEMENT WASTE MANAGEMENTS OF ARKANSAS TEMPORARILY EXPAND HOURS OF OPERATIONS SOLID WASTE TRANSFER STATION PAY REPLACEMENT LIP EDGE GUARD DUMPING PLANTFORM File Reference #......: MICROFILM Security class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: Retention Type: _ **** Active **** cmdl-Return cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.