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HomeMy WebLinkAbout55-07 RESOLUTION• RESOLUTION NO. 55-07 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS TO HAUL AND DISPOSE OF SOLID WASTE WITHIN THE CITY LIMITS OF FAYETTEVILLE. 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 authorizes the Mayor to execute a contract with Waste Management of Arkansas to haul and dispose of solid waste within the city limits of Fayetteville. A copy of the contract marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 3rd day of April, 2007. APPROVED: By: DA COODY, May ATTEST: By: (C° olVirit •'..c.' . c4,;"• tc),••ice.0e ,.c1;--• . • (4% () • • 'PS - • F.. ; FAYETTEVILLE: 5. :•::. tit• :.N...i: c..) • ac. :.• %-1.67.9/CANSV6:•.\)1 a1/GT.04.CP ONDRA E SMITH, City ClerldTreasurer 03/02/2007 11:51 FAX 1 501 565 6680 WASTE MANAGEMENT 003/007 AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE ‘Pq IN THE CITY OF FAYETTEVILLE 4// This Agreement (the "Agreement"), is entered into on this ____day of 41156"71-#.72007, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and GOACre 444/46.6./4eA1r (the "Hauler"), and shall be in full force and effect on the date first written above. City and Hauler agree as follows: 1. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City entered Into before or after the effective date of this Agreement, or renewed shall have terms of no more than two (2) years and any subsequent extensions shall be for terms of no more than one (1) year. 2. The term of this Agreement shall be for three (3) years, unless otherwise temiinated pursuant to the terms hereof. 3. Hauler agrees and understands that it may only collect and haul Solid Waste using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste. grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. No unseparated recyclables collected in any type container shall be hauled from any customer within the corporate limits of the City of Fayetteville. The collection of scrap metal, cardboard and other source -separated recyclables are not controlled or affected by this contract. Hauler agrees and understands that it may utilize the City's transfer station for all Class 1 waste collected pursuant to this Agreement and shall deliver all Class 4 waste to a properly licensed landfill facility. Hauler shall pay all transfer station fees to the transfer station operator and all Class 4 landfill fees to the landfill operator, as they may be established and amended. from time to time. Hauler shall pay all fees due hereunder, along with the required supporting information, on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 296 penalty per month. It' Hauler failed to pay the fees within forty-five (45) days of the due date, the City may revoke this Agreement upon delivery of written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (I) Hauler's worksheet calculating the fees remitted; (10 a blind list of payments received from customers within the City (iii) such list shall clearly Indicate whether each payment was from a permanent or tentporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (excluding those for non-profit organizations) including but not limited to delivery, pull charges. disposal charges. transportation charges, final pull charges, and return charges The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the 1 03/02/2007 11:52 FAX 1 501 565 6680 WASTE MANAGEMENT gi 004/007 hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review certain trade secret information, including rates, frequency of service, customer lists, and other customer information provided that such trade secret information may not be copied or removed by the City. Nor shall such information be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler. 6. Hauler agrees and understands that It shall submit to the City on an annual basis a list of all commercial vehicles used to provide services in the City, proof of appropriate vehicle registration, and proof of the insurance required under Section 16. 7. Hauler agrees and understands that it shall provide a list of vehicle operators collecting and hauling waste in the City of Fayetteville, along with proof of their valid and appropriate commercial driverslicenses issued by the State of Arkansas. The Hauler shall also provide, maintain, and implement a plan to ensure that the vehicle operatois maintain their commercial driver's licenses in accordance with applicable federal and state laws. 8. Hauler agrees that it shall comply with all federal. state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. In consideration of the right to provide the services described under this Agreement, Hauler agrees and understands that ft shall be required to pay a monthly fee of ten (10%) percent (the "Fee) of the gross revenue received for all services provided under this Agreement. Upon execution of this Agreement, a deposit shall be paid in advance to the City. The deposit shall be equal to one-half of the total fees that were or would have been paid by the Hauler within to the City during the previous twelve (12) months. Such deposit shall be reviewed on an annual basis. Any reasonable disagreement in estimated gross revenue will be decided in the favor of the City. The deposit shall be refunded. less any unpaid fees, when the Hauler ceases operation within the City or this Agreement Is terminated. whichever Is earlier. 10. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 11. Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator and the Tontitown Landfill operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 12. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligadon pursuant to applicable city ordinances. This is a contractual Agreement and is not intended to be part 2 03/02/2007 11:52 FAX 1 501 565 6680 WASTE MANAGEMENT e 005/007 of or related in any way to any license or ordinance created pursuant to A.C.A. §26-77- 102. 13. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third party or affiliate. 14. For the purpose of this contract, the Point of Contact of the City of Fayetteville shall be Gary Dumas or his successor. The Point of Contact for the Hauler shall be 1(610A1 64RDUEIL . Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 15. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents. subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand, causc of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees) to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 16. Insurance. Hauler shall maintain the following insurance coverage during the term of this Agreement: (a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. (b) Upon written request, Hauler shall furnish the Ciry with evidence that the insurance required of it is in force. (c) The types of coverage and limits of liability of all insurance required herein shall be as follows: COVERAGE LIMITS OF LIABILITY Workmen's Compensation Statutory Employer's Liability $500.000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1.000.000 each aggregate 3 03/02/2007 11:52 FAX 1 501 565 6680 WASTE MANAGEMENT • • Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence 17. Termination: (a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirements or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement fifteen (15) days after the fifteen (15) days in which to cure; or (10 cure the breach or default at the expense of the Hauler: and (iii) have recourse to any other right or remedy to which it may be entitled by law. (b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency. or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted against the offending and such proceeding is not dismissed within sixty (60) days. (c) In the event that this Agreetnent is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 18. Ali notices required or permitted under this contract shall be submitted in writing to the other party to this contract, by certified mail, return receipt requested, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Dan Coody, Mayor 113 West Mountain Street Fayetteville, AR 72701 WASTC M A KIA6 eM gicif Attn: GENZ66 wcientell AcirooW. Gs HI I_Irttt/Zocv't,IkR I 2-1 a 19. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such documents, Hauler will do everything possible to provide the documents in a prompt and timely mariner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25- 19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 4 a 006/007 03/02/2007 11:52 FAX 1 501 565 6680 WASTE MANAGEMENT a 007/007 20. This agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 21. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 22. Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 23. This contract constitutes the entire understanding of the parities and no modification or variation of the temis of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 24. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 25. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 26. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation Or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. By: By: 5 CITY FAYETTEVILLE 60A...... DAN COODY, as Mayor 4 w„sy, MA ki A-6e-MEA/r ‘Oet GeoRGE copeArcey, -Presiden‘ John Nelson Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 4/3/2007 City Council Meeting Date Solid Waste & Recycling Division Action Required: eats to307 55-e7 Operations Department A resolution approving an agreement between the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. to haul and dispose of solid waste in the City of Fayetteville. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name Department Dire tor -7/City Attorney 1/41)Q.11 . Finance and Internal Service Director Date 3/13/67 Date 317-6? Date Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City C rk'..sOffice .. ENTERED Received in Mayor's Office Comments: Interdepartmental Correspondence • OPERATIONS DEPARTMENT To: Mayor and City Council From: John Nelsontkerations Mgmt. Accounting Coordinator Date: March 7, 2007 Subject: Agreement with Waste Management of Arkansas, Inc. to haul and dispose of solid waste in the City of Fayetteville Recommendation: A resolution approving an agreement between the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. to haul and dispose of solid waste in the City of Fayetteville. Background: Waste Management of Arkansas, Inc. has requested to renew their contract to haul and dispose of waste within the City of Fayetteville. The contract will permit Waste Management of Arkansas, Inc. to haul and dispose of waste in containers twenty (20) cubic yards and greater in size. The agreement requires Waste Management of Arkansas, Inc. to pay a monthly fee to the City of Fayetteville of ten (10%) percent of the gross revenue. This is the standard agreement authorized by City Council in implementing the contract fee. Discussion: Waste Management of Arkansas, Inc. entered into this agreement in April 2004. The term of this agreement was three years. During the duration of this agreement no non- compliance issues were noted and fees were remitted accordingly. Waste Management of Arkansas, Inc. requests to be permitted to continue to operate within the City of Fayetteville. Staff proposes approval of the agreement with Waste Management of Arkansas, Inc. Staff recommends Waste Management of Arkansas, Inc. complete the Required Supporting Information Form and remit with each monthly payment of fees. RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS TO HAUL AND DISPOSE OF SOLID WASTE WITHIN THE CITY LIMITS OF FAYE I I EVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of..-F411e, kansas hereby authorizes the Mayor to execute a contract twath aste Manageipent of Arkansas to haul and dispose of solid was,te within the ety limits of Faye eville A copy of the contract marked Exhibit "A' is attached eretjo and mad a part hereof. PASSED and -A SONDRA SMITH, City Clerk/Treasurer (4/6/2007) Lisa Branson - Res. 55-07 0_ Page 1 From: Lisa Branson To: Nelson, John Date: 4/6/2007 10:19 AM Subject: Res. 55-07 Attachments: 55-07 Waste Mangagement of AR.pdf CC: John, Audit Attached is a copy of the resolution that was passed by City Council, April 3, 2007. If you need anything else just let me know. Have a great day! Thanks, Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 Ibranson@cilayetteville.ar.us I esot ssiojrit • (Attach Declarations and Endorsements Here) RECEIVED LOCKTON MAR 0 2 2009 CITY OF FAYETTEVILLE MAYOR'S OFFICE February 26, 2009 Re: Waste Management Owners and Contractors Protective Liability Policy Dear Insurance Administrator: Enclosed you will find the OCP Policy for 1/1/2009 through 1/1/2010 per your contract with Waste Management Please retain this for your records. If this policy is no longer needed, please return the policy to my attention. If you need additional information or have any questions, please contact me at (713) 458-5367 or sgallagher(alockton.com. "Thank you. Best Regards, 6teDk•A\ \ 3 Shala Gallagher, ASCR Account Manager Lockton Companies, LLC LOCKTON COMPANIES, LLC 5847 San Felipe, Suite 320 / Houston, TX 77057-3183 713-458-5200/ FAX: 713-458-5299 www.lockton.com ACE INA Privacy Statement The ACE INA group of companies strongly believes in maintaining the privacy of information we collect about individuals. We want you to understand how and why we use and disclose the collected information. The following provides details of our practices and procedures for protecting the security of nonpublic personal information that we have collected about individuals. This privacy statement applies to policies underwritten by the ACE INA group member companies listed below. INFORMATION WE COLLECT The information we collect will vary depending on the type of product or service individuals seek or purchase, and may include: • Information we receive from individuals, such as their name, address, age, phone number, social security number, assets, income, or beneficiaries; • Information about individuals' transactions with us, with our affiliates, or with others, such as policy coverage, premium, payment history, motor vehicle records; and • Information we receive from a consumer reporting agency, such as a credit history. INFORMATION WE DISCLOSE We do not disclose any personal information to anyone except as is necessary in order to provide our products or services to a person, or otherwise as we are required or permitted by law. We may disclose any of the information that we collect to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements THE RIGHT TO VERIFY THE ACCURACY OF INFORMATION WE COLLECT Keeping information accurate and up to date is important to us. Individuals may see and correct their personal information that we collect except for information relating to a claim or a criminal or civil proceeding. CONFIDENTIALITY AND SECURITY We restrict access to personal information to our employees, our affiliates' employees, or others who need to know that information to service the account or in the course of conducting our normal business operations. We maintain physical, electronic, and procedural safeguards to protect personal information. PI -19668 (02/06) Page 1 of 2 CONTACTING US If you have any questions about this privacy statement or would like to learn more about how we protect pnvacy, please write to us at ACE INA Customer Services, P.O. Box 1000, 436 Walnut Street, WAO4F, Philadelphia, PA 19106. Please include the policy number on any correspondence with us. ACE American Insurance Company ACE American Lloyds Insurance Company ACE Fire Underwriters Insurance Company ACE Indemnity Insurance Company ACE Insurance Company of Illinois ACE Insurance Company of Ohio ACE Insurance Company of the Midwest ACE Property and Casualty Insurance Company Atlantic Employers Insurance Company Bankers Standard Fire and Marine Company Bankers Standard Insurance Company Century Indemnity Company Illinois Union Insurance Company Indemnity Insurance Company of North America Insurance Company of North America Pacific Employers Insurance Company Westchester Fire Insurance Company Westchester Surplus Lines Insurance Company ESIS, Inc. PI -19668 (02/06) Page 2 of 2 • General Liability Policy- Declarations ACE USA le O Bankers Standard Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 O Century Indemnity Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 O ACE Fire Underwriters Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 O ACE American Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ACE Property and Casualty Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 Indemnity Insurance Company of North America 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 Insurance Company of North America 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 Pacific Employers Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 NAMED INSURED AND ADDRESS City of Fayetteville 113 W. Mountain Street .Fayetteville, AR 72701-6083 POLICY IDENTIFICATION OCP G23750387 POLICY IS Renewal NAMED INSURED IS : Municipality BUSINESS OF INSURED Government POLICY PERIOD FROM 01/01/2009 OF OCP G23735970 TO 01/01/2010 12:01 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. PREMIUM PAYMENT CONDITIONS AUDIT PERIOD PAYMENT FREQUENCY PAYMENT SCHEDULE Not Auditable Annual Annual TOTAL ADVANCE PREMIUM: $ Included in HDO G23748228 PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE. LD-8E00b (8/96) Printed in the U.S.A. DECLARATIONS - GENERAL LIABILITY POLICY Page 2 OCP G23750387 COVERAGES AND LIMITS OF INSURANCE In return for the payment of premium indicated above, we agree with you coverage(s) at the limits shown, subject to all of the terms and conditions Coverage Form: Owners and Contractors Protective Liability to of provide the following this policy. Limits of Insurance $ 2,000,000 Aggregate Limit Each Occurrence Limit Deductible Amount (this reduces the Limit of Insurance shown as applicable to each "Occurrence") $ 2,000,000 $ CONTRACTOR INFORMATION Description of Operations: Collection of residential and commercial refuse and residential and commercial collection of recycled items corapost, 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 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701-6083 LD -2478 (Ed. 3/87) Printed in U.S.A. AA077602 DECLARATIONS - GENERAL LIABILITY POLICY Page 3 POLICY IDENTIFICATION OCP G23750387 SCHEDULE OF COVERAGES COVERAGE PART: Location Class Code/ Premium Number Coverage Classification Description Basis Exposure Rate Premium • 162 91 / 1 OCP Construction $ $ Included Operations- Contractor (Not Railroads) Excluding Operations on board Ships $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL PREMIUM FOR THIS COVERAGE PART $ Included When used as a premium basis the following code definitions apply: A - Area — Per 11000 square feet of area 0 - Other C - Total Cost — per $1,000 of total cost P - Payroll — per D - If Any S - Gross Sales — E - Admissions — per 11000 admissions U - Units F - Flat Charge X - Each J - Total Operating Expenditures — per $1,000 of Expenditures $1,000 of per $1,000 payroll of Gross Sales LD-2F51a (Ed. 3/87) Printed in U.S.A. AA067271a • 411 POUCYIDENBRCABON DECLARATIONS — GENERAL LIABILITY POLICY Page 4 OCP G23750387 FORMS AND ENDORSEMENTS '(Page 1. of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION ALL20887 ILP0010104 CG00091207 ALL2Y3la Endt. No. Form No. 1. LD7F23 2. LD3R16 3. LD4S35 4. ALLTRIA01 5. ALL21101 6. IL00210702 7. CG29231101 8. CC1K1le SCHEDULE OF COVERAGE FORMS ACE Producer Compensation Practices & Policies U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor Arkansas Notice to Policyholders SCHEDULE OF FORMS AND ENDORSEMENTS Description Absolute Pollution Exclusion Exclusion - Asbestos Exclusion - Lead Disclosure of Premium and Estimated Premium for Certified Acts of Terrorism (Pursuant to Terrorism Risk Insurance Act) Trade or Economic Sanctions Endorsement Nuclear Energy Liability Exclusion Endorsement (Broad Form) Arkansas Changes Signatures This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes this policy. COUNTERSIGNED AT: AUTHORIZED AGEllatZ4 4.1•L4 DATE: LD-2A48a (Ed. 3/87) Printed in U.S.A. AA 067266a • • POLICY NUMBER: OCP G23750387 -te ACE Producer Compensation Practices & Policies ACE believes that policyholders should have access to information about ACE's practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http://www.aceproducercompensation.com or by calling the following toll-free telephone number: 1-866-512-2862. ALL -20887 (10/06) POLICY NUMBER: OCP G23750387 ILP0010104 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol- icy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site - http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: OCP G23750387 COMMERCIAL GENERAL LIABILITY CG 00 09 12 07 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 Declarations. 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 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" seeking damages for "bodily injury" or "property damage" to which this in- surance does not apply. We may, at our discre- tion, 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 ends 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 Pay- ments. 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; (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 notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" 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 oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or re- ceive notice of an "occurrence" or claim, in- cludes any continuation, change or resumption of that "bodily injury" or "property damage" af- ter the end of the policy period. CG 00 09 12 07 © ISO Properties, Inc., 2006 Page 1 of 9 O • d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section I1 — Who Is An In- sured 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 in- surer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. e. 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 (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 liabil- ity assumed in an "insured contract", rea- sonable attorney fees and necessary litiga- tion 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 per- formed for you by the "contractor" at the site of the covered operations has been com- pleted; 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 omissions other than general supervision of "work" per- formed 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 whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. Page 2 of 9 © ISO Properties, Inc., 2006 CG 00 09 12 07 O This exclusion does not apply to liability as- (i) "Bodily injury" if sustained within a sumed by the insured under an "insured con- building and caused by smoke, tract". fumes, vapor or soot produced by or g. Damage To Property originating from equipment that is used to heat, cool or dehumidify the "Property damage" to: building, or equipment that is used to (1) Property you own, rent, or occupy, including heat water for personal use, by the any costs or expenses incurred by you, or building's occupants or their guests; any other person, organization or entity, for (ii) "Bodily injury" or "property damage" repair, replacement, enhancement, restora- arising out of heat, smoke or fumes tion or maintenance of such property for from a "hostile fire"; any reason, including prevention of injury to a person or damage to another's property; (b) At or from any premises, site or location which is or was at any time used by or (2) Property loaned to you; for any insured or others for the han- (3) Personal property in the care, custody or dling, storage, disposal, processing or control of the insured; or treatment of waste; (4) 'Work" performed for you by the "contrac- (c) Which are or were at any time trans - tor". ported, handled, stored, treated, dis- h. War posed of, or processed as waste by or for: "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (i) Any insured; or (1) War, including undeclared or civil war; (ii) Any person or organization for whom you may be legally responsible; or (2) Warlike action by a military force, including action in hindering or defending against an (d) At or from any premises, site or location actual or expected attack, by any govern- on which any insured or any contractors ment, sovereign or other authority using or subcontractors working directly or in - military personnel or other agents; or directly on any insured's behalf are per- forming operations if the "pollutants" are (3) Insurrection, rebellion, revolution, usurped brought on or to the premises, site or lo - power, or action taken by governmental au- cation in connection with such opera- thority in hindering or defending against any tions by such insured, contractor or sub - of these. contractor. However, this subparagraph i. Mobile Equipment does not apply to: "Bodily injury" or "property damage" arising out (i) "Bodily injury" or "property damage" of the use of "mobile equipment" in, or while in arising out of the escape of fuels, lu- practice for, or while being prepared for, any bricants or other operating fluids prearranged racing, speed, demolition, or which are needed to perform the stunting activity, normal electrical, hydraulic or me- j. Pollution chanical functions necessary for the operation of mobile equipment" or (1) "Bodily injury" or "property damage" arising its parts, if such fuels, lubricants or out of the actual, alleged or threatened dis- other operating fluids escape from a charge, dispersal, seepage, migration, re- vehicle part designed to hold, store lease or escape of "pollutants": or receive them. This exception does (a) At or from any premises, site or location not apply if the "bodily injury" or which is or was at any time owned or "property damage" arises out of the occupied by, or rented or loaned to, any intentional discharge, dispersal or re- insured. However, this subparagraph lease of the fuels, lubricants or other does not apply to: operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; CG 00 09 12 07 © ISO Properties, Inc., 2006 Page 3 of 9 O (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by or on behalf of any insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations 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 ef- fects of "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, 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, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. k. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous 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 ac- cidental physical injury to "work" performed for you by the "contractor". I. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to fur- nish these bonds. 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', includ- ing actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneysfees or attorneys' expenses taxed against the insured. 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 in- terest based on that period of time after the of- fer. 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. Page 4 of 9 © ISO Properties, Inc., 2006 CG 00 09 12 07 O 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 insur- ance. 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 agree- ment 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 information we know about the "occurrence" are such that no conflict appears to exist between the inter- ests of the insured and the interests of the in- demnitee; 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 we have used up the applicable limit of in- surance in the payment of judgments or settle- ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds. 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. 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. CG 00 09 12 07 © ISO Properties, Inc., 2006 Page 5 of 9 O E E 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 Paragraph 2. above, the Each Occur- rence Limit is the most we will pay for the sum of damages because of all "bodily injury" and "prop- erty damage" arising out of any one "occurrence". If you designate more than one project in the Declara- tions, 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 or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 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 cancel- lation if we cancel for non-payment of pre- mium; or (2) 30 days before the effective date of cancel- lation 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 suffi- cient 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; (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. Page 6 of 9 © ISO Properties, Inc., 2006 CG 00 09 12 07 O 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 re- cords as well as the "contractor's" books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years afterward. 6. Inspections And Surveys a. We have the right to: (1) Make inspections and surveys at any time; (2) Give you reports on the conditions we find; and (3) Recommend changes b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake 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: (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. c. Paragraphs a. and b. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. d. Paragraph b. 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. 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; 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 ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 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 lim- its. 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. CG 00 09 12 07 © ISO Properties, Inc., 2006 Page 7 of 9 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 and send notice to the "contractor'. The due date for au- dit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned pre- mium, we will return the excess to the "contrac- tor". 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 in- surance 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 sufficient proof of notice. SECTION V — DEFINITIONS 1. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". 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 the re- pair, replacement, adjustment or removal of the work performed for you or 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; Page 8 of 9 © ISO Properties, Inc., 2006 CG 00 09 12 07 O I I 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; e. Vehicles not described in Paragraph a., b., C. or d. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, 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 Paragraph 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 clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 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. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from, computer software, including systems and applica- tions software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 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. CG 00 09 12 07 © ISO Properties, Inc., 2006 Page 9 of 9 O POLICY NUMBER: OCP G23750387 Arkansas Notice to Policyholders QUESTIONS ABOUT YOUR INSURANCE? If You have questions about your insurance, need coverage information, or require assistance in resolving complaints, do not hesitate to contact either your insurance agent, or ACE USA, Customer Service Department, 436 Walnut Street, Philadelphia, PA 19106-3703, telephone 1-800-352-4462. If you wish to contact the Arkansas Insurance Department, their address and toll -free number are: Arkansas Insurance Department 1200 West Third Street Little Rock, AR 72201-1904 1-800-282-9134 ALL2Y31a (02-06) POLICY NUMBER: OCP 623750387• • ENDT. #1 ABSOLUTE POLLUTION EXCLUSION Named Insured City of Fayetteville Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP O23750387 01/01/2009 to 01/01/2010 Issued By (Name of Insurance Company) ACE American 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 NUMBER: OCP 623750380 • ENDT. #2 EXCLUSION - ASBESTOS Named Insured City of Fayetteville Endorsement Number 2 Policy Symbol Policy Number Policy Period Eff. Date of Endorsement OCP G23750387 01/01/2009 to 01/01/2010 Issued By (Name of Insurance Company) ACE American Insurance Company is issued 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. LD-3R16 (Ed. 3/87) Printed in U.S.A. Reprinted in part with permission of Insurance Service Office, Inc., 1985 POLICY NUMBER: OCP G23750381� • ENDT. #3 EXCLUSION - LEAD Named Insured City of Fayetteville Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G23750387 01/01/2009 to 01/01/2010 Issued By (Name of Insurance Company ACE American 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 LD-4S35 (Ed. 6/92) Ptd. In U.S.A. POLICY NUMBER: OCP G23750387 • • ENDT. #4 DISCLOSURE OF PREMIUM AND ESTIMATED PREMIUM FOR CERTIFIED ACTS OF TERRORISM (PURSUANT TO TERRORISM RISK INSURANCE ACT) AND OTHER ACTS OF TERRORISM COVERAGE Named Insured Endorsement Number City of Fayetteville 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G23750387 01/01/2009 to 01/01/2010 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDULE Terrorism Premium for "Certified Act of Terrorism" and other acts of "Terrorism" (A) Premium for "Certified Act of Terrorism" through the end of year 12/31/2007: $0 (B) Premium for "Certified Act of Terrorism" or "Terrorism" beyond date specified above until policy expiration: Included in HDO G23748228 This premium is attributable to the following Coverage Part(s), Coverage Form(s) and/or Policies: Commercial General Liability Excess General Liability Railroad Protective Liability Owners & Contractors Protective Liability A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under that Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. ALL TRIA 01 (01/07) C ACE USA, 2004 Page 1 of 2 Reprinted in part, with permission of ISO Properties, Inc., 2004 Under the terms of the Act, you may now have the right to purchase insurance coverage for losses arising out of acts of terrorism. As defined in Section 102(1) of the Act, the term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States to be an act of terrorism: to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. Disclosure of Federal Participation in Payment of Terrorism Losses Responsibility for Compensation under the Act is shared between insurance companies covered by the Act and the United States. Under the formula set forth in the Act, the United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. For losses occurring in 2007, the federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. If the federal program is extended beyond 2007, the federal share will be the amount specified in such extension. Authorized Agent ALL TRIA 01 (01/07) © ACE USA, 2004 Page 2 of 2 Reprinted in part, with permission of ISO Properties, Inc., 2004 POLICY NUMBER: OCP G23750387 • • ENDT. #5 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number City of Fayetteville 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement 0CP 623750387 01/01/2009 to 01/01/2010 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions of policy remain unchanged. ALL -21101 (11/06) Printed in U.S.A. Page 1 of 1 POLICY NUMBER: OCP O23750387 ENDT. #6 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL 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 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 En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of liabil- ity; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" 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 organi- zation. 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 opera- tion of a "nuclear facility" by any person or or- ganization. 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 be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, trans- ported 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 "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this exclu- sion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. IL 00 21 0702 © ISO Properties, Inc., 2001 Page 1 of 2 O • r 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Spe- cial 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 of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex- posed 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 pri- marily for its "source material" content, and (b) re- sulting from the operation by any person or organi- zation of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear fa- cility". "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 packag- ing "waste"; (c) Any equipment or device used for the proc- essing, 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 pluto- nium 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 radioac- tive contamination of property. Page 2 of 2 © ISO Properties, Inc., 2001 IL 00 21 07 02 O POLICY NUMBER: OCP G23750387 ENDT. #7 COMMERCIAL GENERAL LIABILITY CG 29 23 11 01 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 A. Paragraph e. of the Cancellation Condition is 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 prepaid 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 "contractor" cancels this policy, we will retain the mini- mum premium shown in the Schedule. B. The following is added to the Cancellation Condi- tion (Section IV): 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 rea- sons: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the policy 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 substan- tially 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 11 01 © ISO Properties, Inc., 2001 Page 1 of 2 O • (2) If we cancel for nonpayment of premium, we will mail or deliver written notice of can- cellation, stating the reason for cancellation, to the first Named Insured and the "contrac- tor" at least 10 days before the effective date of cancellation. If we cancel for any other reason, we will mail or deliver notice of cancellation to the first Named Insured and the 'contractor' at least 20 days prior to the effective date of cancellation. C. The following is added to Conditions (Section IV): 13. Multi -Year Policies We may issue this policy for a term in excess of twelve months with the premium adjusted on an annual basis in accordance with our rates and rules. D. The following Condition is added and supersedes any other provision to the contrary: NONRENEWAL If we decide not to renew this policy, we will mail or deliver to the first Named Insured and the "contractor" written notice of nonrenewal at least 60 days before: a. Its expiration date; or b. Its anniversary date, if it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this no- tice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 2 of 2 © ISO Properties, Inc., 2001 CG 29 23 11 01 O POLICY NUMBER: OCP G23750387 • • ENDT. #8 SIGNATURES Named Insured Endorsement Number City of Fayetteville 8 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G23750387 01/01/2009 to 01/01/2010 Issued By (Name of Insurance Company) ACE American Insurance Company Iii!ii&!1J THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 BANKERS STANDARD FIRE AND MARINE COMPANY 436 Walnut Street, P. 0. Box 1000, Philadelphia, Pennsylvania 19106-3703 BANKERS STANDARD INSURANCE COMPANY 436 Walnut Street, P. 0. Box 1000, Philadelphia, Pennsylvania 19106-3703 ACE INDEMNITY INSURANCE COMPANY 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 ACE AMERICAN INSURANCE COMPANY 436 Walnut Street, P. 0. Box 1000, Philadelphia, Pennsylvania 19106-3703 ACE PROPERTY AND CASUALTY INSURANCE COMPANY 436 Walnut Street, P. 0. Box 1000, Philadelphia, Pennsylvania 19106-3703 INSURANCE COMPANY OF NORTH AMERICA 436 Walnut Street, P. 0. Box 1000, Philadelphia, Pennsylvania 19106-3703 PACIFIC EMPLOYERS INSURANCE COMPANY 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 ACE FIRE UNDERWRITERS INSURANCE COMPANY 436 Walnut Street, P. 0. Box 1000, Philadelphia, Pennsylvania 19106-3703 GEORGE D. MULLIGAN, Secretary WESTCHESTER FIRE INSURANCE COMPANY JOHN J. LUPICA, President 1325 Avenue of the Americas, 19th Floor, New York, NY 10019 tMa GEORGE D. MULLIGAN, Secretary DENNIS A. CROSBY, JR., President CC-1K11e (02/06) Ptd. in U.S.A. 0 (Attach Coverage Part Here) , THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract when countersigned by our authorized representative. LD-3H21 b ACORDni CERTIFICATE OF LIABILITY INSURANCE 1/1/2010 TE D"11/10/2009) PRODUCER LOCKTON COMPANIES, LLC 5847 SAN FELIPE, SUITE 320 I IOUSTON TX 77057 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 866-260-3538 INSURERS AFFORDING COVERAGE NAIC SI INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: INSURER A: ACE American Insurance Company 22667 INSURER B: Indemnity Insurance Co of North America 43575 WASTE MANAGEMENT OF ARKANSAS 1041 ARBOR ACRES AVENUE INSURER C: SPRINGDALE AR 72762 INSURER D: INSURER E'. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES ARSPRI01 AJ INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY EFFECTWE POLICY EXPIRATION LTR NSRE TYPE OF INSURANCE POLICY NUMBER DATE MMNDIYY DATE MMNDIYY OMITS GENERAL LIABILITY EACH OCCURRENCE 5,000,000 A COMMERCIAL GENERAL LIABILITY HDO G23748228 1/1/2009 1/1/2010 - X DAMAGE TO RENTED PREMISES Ea ocarence $ 5,000,000 CLAIMS MADE X� OCCUR MED EXP (Any one Person) $ XXXXXXX X PERSONAL BADV INJURY $ 5,000,000 XCU INCLUDED X ISO CG 0001 1207 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE UMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 6,000,000 POLICY X PRO X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO ISA H08250224 1/1/2009 1/1/2010 (Ea accident) BODILY INJURY X ALL OWNED AUTOS (Per person) $ XXXXXXX SCHEDULED AUTOS BODILY INJURY X HIREDAUTOS X NON-OWNEDAUTOS (Per accident) $ XXXXXXX X MCS-90 PROPERTY DAMAGE (Per Bctldent) $ XXXXXXX GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ XXXXXXX ANY AUTO NOTAPPLICABLE OTHER THAN EA ACC $ XXXXXXX $ XXXXXXX AUTO ONLY: AGG EXCESSNMSREL A LIABILITY EACH OCCURRENCE S 15,000,000 A OCCUR I I CLAIMS MADE XOOG23892510 1/1/2009 1/1/2010 X AGGREGATE $ 15,000,000 E XXXXXXX UMBRELLA X DEDUCTIBLE FORM $ XXXXXXX S XXXXXXX RETENTION S B WORKERS COMPENSATION AND WLR C44356260 (AOS) 1/1/2009 1/1/2010 X 4VC STATU- TORY LIMITS 0TH - R E.L. EACH ACCIDENT S 3,000,000 A EMPLOYERS' LIABILITY WLR C44358773 (CA) 1/1/2009 1/1/2010 ANY PROPRIETORIPARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 3,000,000 A OFFICERRIEMBER EXCLUDED? SCE C443588 15 (WI) 1/1/2009 1/1/2010 lives. desalbe under NO SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 3,000,000 A OTHER XSA 1108250261 1/1/2009 1/1/2010 COMBINED SINGLE LIMIT EXCESS AUTO $9,000,000 LIABILITY (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS CANCELLATION: 30 DAYS 'EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. HOLDER 10717125 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE, ARKANSAS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 113 WEST MOUNTAIN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 5O SHALL FAYETI•EV I LLE AR 72701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TIE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) Forqualioe.r.e.mwgti..nerm...m.nm.nunth.. wo.e ., In. r,.m,c..m.,,.e....,d s,. a,t.al.n,Ad.•ARSPIam•. © ACORD ACORUCORPORATION 1988