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HomeMy WebLinkAbout224-09 RESOLUTIONRESOLUTION NO. 224-09 A RESOLUTION AWARDING BID #09-61 AND APPROVING A CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS FOR HAULING AND DISPOSAL OF MUNICIPAL WASTE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council of the City of Fayetteville, Arkansas hereby awards Bid #09-61, and approves a contract, a copy of which is attached hereto an exhibit, with Waste Management of Arkansas for hauling and disposal of municipal waste at a rate of $32.50 per ton. PASSED and APPROVED this 3`d day of November, 2009. APPROVED: ATTEST: By: eOhddJ a /V n— SO E SMITH Clerk/Treasu ELD JO AN, Mayor City rer . ..w \TY O SGS% Les :•23: :FAYETTEVILLE: -:- 'it:, :..3 Vtr9:QKA NSc' Jam'•' .,tifN& 10N"�0%%' • City of Fayetteville Staff Review Form • David Jurgens Submitted By City Council Agenda Items and Contracts, Leases or Agreements 11/3/2009 City Council Meeting Date Agenda Items Only Solid Waste Division Action Required: Utilities Department Approval of Bid #09-61 for a contract with Waste Management of Arkansas for hauling and disposal of municipal waste for a rate of $32.50 per ton. Cost of this request 5500.5040.5315.00 Account Number Project Number Budgeted Item XX Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Transfer Station Program Category! Project Name Transfer Station Program / Project Category Name Solid Waste Fund Name Depa City stt irkctor rney Finance and Internal Services Director ief of Staff daisc, Mayor ovfoci Date �0=14-oq Date 10 - IR-2o0q Date /0-17-0? Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: N/A N/A N/A Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 Wee • CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens, Utilities Director Carrol Hill, Solid Waste Director City Council Meeting of November 3, 2009 From: Brian Pugh, Waste Reduction Coordin$tor Date: 16 October 2009 Subject: Approval of Bid #09-61 for a contract with Waste Management of Arkansas for hauling and disposal of municipal waste for a rate of $32.50 per ton. RECOMMENDATION Staff recommends approval of Bid #09-61 for a contract with Waste Management of Arkansas for hauling and disposal of municipal waste for a rate of $32.50 per ton. BACKGROUND Cherokee Nation terminated the contract between the Nation and the City for solid waste services including operation of the transfer station and scale house as well as hauling and disposal of the waste on September 30, 2009. The Cherokee Nation provided solid waste services to the City since September 2006. The contracted rate, after an early adjustment to cover mandated fees, was $24.47 per ton. The City disposed of 53,614.44 tons of waste in 2008; this volume was used in estimating 2009 and 2010 budgets. DISCUSSION Due to Cherokee Nation's departure, City staff assumed temporary operation of the Transfer Station on October Is`, 2009 using short term contracts and agreements. Simultaneously, staff developed specifications for the permanent operation. The City received three responsive bids on September 29, 2009, shown below. The low bidder for hauling and disposal services was Waste Management at $32.50 per ton, breaking down to $24.50 per ton for disposal and $8.00 per ton for the haul to Eco Vista Landfill in Tontitown. Contractor Cost per Ton 2010 Estimate Allied Waste Services $ 50.00 $ 2,700,000.00 Marck Industries $ 47.54 $ 2,567,280.00 Waste Management $ 32.50 $ 1,755,000.00 BUDGET IMPACT Funds for the acquisition of hauling and disposal services are budgeted in the Transfer Station program, with an estimated 2009 cost of $145,250 and 2010 cost of $1,755,000. Sufficient funds are available for 2009 and are included in the proposed 2010 budget. • • RESOLUTION NO. A RESOLUTION AWARDING BID #09-61 AND APPROVING A CONTRACT WITH WASTE MANAGEMENT OF ARKANSAS FOR HAULING AND DISPOSAL OF MUNICIPAL WASTE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council of the City of Fayetteville, Arkansas hereby awards Bid #09-61, and approves a contract, a copy of which is attached hereto an exhibit, with Waste Management of Arkansas for hauling and disposal of municipal waste at a rate of $32.50 per ton. PASSED and APPROVED this 3`d day of November, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas • Bid 09-61, Solid Waste Transfer and Disposal Services Contract This Agreement is made and entered into this3ftc( day ofgzopis jr , 2009, by and between the City of Fayetteville, Arkansas and Waste Management of Arkansas, Inc. Terms & Conditions WITNESSETH: In consideration of the terms and conditions set forth below, which constitute good and enforceable consideration, it is agreed: 1. TERM OF AGREEMENT: The agreement is to take effect and continue and remain in full force and effect for a period of five (5) years, and such period shall commence on December 1st, 2009 or on the date the contract is approved by the Fayetteville City Council. The parties shall have the option to renew this agreement for two (2) successive five (5) year terms upon mutual written agreement. The option to renew can be made effective by written notification from either party to the other party no later than ninety (90) days prior to the expiration of the contract term. This contract will be subject to the annual appropriation of sufficient funds for this contract in the budget by the Fayetteville City Council. 2. SCOPE OF SERVICE: The Contractor shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all of the residential and commercial waste generated within the City of Fayetteville. Goods and services to be provided by Contractor under the terns of this agreement shall include but not be limited to the following: a) Transporting of all solid waste shall be so contained, tied, or enclosed, that leaking, spilling or blowing of waste is prevented. All solid waste received at the Fayetteville Transfer Station will be transported to a permitted and approved disposal site within twenty-four hours after receipt of said solid waste. The City of Fayetteville, as the Transfer Station operator, shall be responsible to load transport trailers with solid waste payload weights no greater than that required to reach gross vehicle weight limitations set by law. However, in the interest of efficiency, the operator is responsible to load solid waste in such a way that a standard "walking floor" trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. b) The Contractor shall provide an adequate number of vehicles, trailers and back up equipment maintained in good physical condition and working order, all labor, supervision, equipment, maintenance, fuel and necessary supplies to insure the daily systematic and orderly performance of all services specified in the contract within the required time frame. c) The Contractor will guarantee to the City of Fayetteville that Contractor's transport tractors, trailers and any other equipment used in the transport of accepted solid waste will be maintained in a mechanically sound, clean and uniformly painted manner at all times. There will be sufficient spare equipment available to insure daily loading transport, and disposal of all waste received at said Transfer Station within the allotted time frame. All equipment provided by the Contractor will be properly licensed and permitted by appropriate District, City, County & State authorities as required. Additionally, transport tractors will be marked with the name and telephone number of the contractor on each side of the vehicle. d) Preparation of required reports to all government agencies, if applicable, with copies to City of Fayetteville. e) Contractor shall provide to the City of Fayetteville documented proof of disposal for each load. Such documentation shall be provided to the City of Fayetteville with each invoice. City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 18 of 20 3. FEES: The prices and rates bid by the successful bidder shall be firm for the first two (2) years of the contract. After the first 2 years of the contract, adjustments shall be made as follows: The cost per ton rate shall be adjusted beginning December 1, 2011, by using the difference in the United States Department of Labor Index For Goods and Services from September 2010 through August 2011. This adjustment using subsequent annual USDL Index for Goods and Services numbers shall be used in December 2012 and December 2013. This inflationary index or a full renegotiation of rates by the parties may be used for subsequent renewals of the contract beyond the first five year period. Payment shall be on a cost per ton basis. Measurement shall be from the City of Fayetteville's outbound scale numbers. 4. SECURING FOR PERFORMANCE — BID SECURITY: The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of said portion of the Contract. Said surety bond shall be in the amount of twenty five percent (25%) of the total bid price for the first year of the contract. Said surety bond after the first year shall be for twenty five percent (25%) of the previous year contracted volume. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. 5. QUANTITIES: The City of Fayetteville makes no warranties as to the quantities of solid waste available for transfer and disposal. The City of Fayetteville during the term of this contract shall deliver to City of Fayetteville's 'I ransfer Station all of the municipal, residential and commercial solid waste streams collected by the City of Fayetteville except recyclable waste recycled as such. 6. DISPOSAL_SITES• Contractor shall provide evidence satisfactory to the City of Fayetteville that the Contractor shall at all times have a commitment for adequate landfill air space adequate to exceed the projected needs of the waste to be disposed of hereunder during the term of the contract but in any case not less than 10 years. Disposal site will be in compliance with EPA Regulations, Subtitle "D" and any future subtitles or regulations required of said site. Prior to any change by the contractor of disposal site the Contractor shall provide documentation to the City of Fayetteville that such site meets specifications hereunder. 7. REPRESENTATION OF THE CITY OF FAYETTEVILLE: The City of Fayetteville represents that the City of Fayetteville's Transfer Station is properly and fully permitted as a solid waste transfer station by all applicable governmental authorities. 8. DEFAULT AND TERMINATION: Upon breach by either party to this Contract of any of its material terns and conditions, the non -breaching party shall deliver written notice to the breaching party of said breach. If the breaching party fails to cure the breach within sixty (60) days, the non -breaching party shall be entitled to declare that the breaching party is in default and the contract terminated. 9. GENERAL SPECIFICATIONS: The terns and conditions of this Contract include each and every general specification set forth hereinafter. 10. ADMINISTRATIVE PROVISIONS: This agreement constitutes the entire agreement between the parties and there are no representations, warranties, promises, covenants, agreements or contracts except as set forth herein. This agreement may not be amended except as set forth in writing and signed by authorized representatives for both parties. This agreement shall be construed under the laws of the State of Arkansas, and shall inure to the benefit of the parties hereto, their successors, assigns and representatives. This agreement may be assigned by City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 19 of 20 • • either party only with the prior written consent of the other party, which consent shall not be unreasonably withheld. The persons signing on behalf of the respective parties hereto warrant that they have full and proper authority to execute this agreement on behalf of the parties so represented. 11. FREEDOM OF INFORMATION ACT: City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a protnpt and timely manner 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. 12. ATTACHMENTS: Bid documents referencing Bid 09-61, Solid Waste "Transfer and Disposal Services and contractors bid submittal in response to Bid 09-61. 13. JURISDICTION AND VENUE: This agreement shall be interpreted and enforced pursuant to Arkansas law. Jurisdiction and venue shall be in Washington County, Arkansas. IN AGREEMENT with the provisions set out above, we sign our names below on this the 44 day of AbAkatAttnl , 2009. CITY OF FAYETTEVILLE, ARKANSAS By: CONTRAC 1(I R l,z.4GE y �+2A-a5/& Printed Name and Tide ATTEST: B ompany Secreta Nue I Orcie Printed Name and Title City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 20 of 20 NELD JIaR.SAN Mayor Al I EST: By: Sundra Smith, City Clerk CiSmat •G .7,:k.. -A :FAYETTEVILLE: ii s•9:QKANS:'\) ,� City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Contract Final Draft D. 1 Waste Management Contract, Bid #09-61 Page 4 of 24 This Agreement is made and entered into this day of , 2009, by and between the City of Fayetteville, Arkansas and Terms & Conditions WITNESSETH: In consideration of the terms and conditions set forth below, which constitute good and ..enforceable a0110deratiorr, it Ls agreed: 1. TERM OF AGREEMENT' The agreement is to take effect and continue and remain in full force and effect for a period of five (5) years, and such period shall commence on December 1st, 2009 or on the date the contract is . approved by the Fayetteville City Council. The parties shall have the option to renew this agreement for two (2) successive five (5) year terms upon mutual written agreement. The option to renew cm be made effective by written notification from either party to the other party no lata than ninety (90) days prior to the expiration of the contract term. This contract will be subject to the annual appropriation of sufficient funds for this contract in the budget by the Fayetteville City CormciL 2. SCOPE OF SERVICE. The Contractor shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all of the residential and commercial waste generated within the City of Fayetteville. Goods and services to be provided by Contractor under the terns of this agreement shall include but not be limited to the following: a) Transporting of all solid waste shall be so contained, tied, or enclosed, that leaking, spilling or blowing of waste is prevented. All solid waste received at the Fayetteville Transfer Station will be transported to a permitted and approved disposal site within twenty-four hours after receipt of said solid waste_ The City of Fayetteville, as the Transfer Station operator, shall be responsible to Load transport trailers with solid waste payload weights no greater than that required to reach gross vehicle weight limitations set by law. However, in the interest of efficiency, the operator is responsible to load solid waste in such a way that a standard `walking floor" trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. b) The Contractor shall provide an adequate number of vehicles, trailers and back up equipment maintained in good physical condition and working order, all labor, supervision, equipment, maintenance, fuel and necessary supplies to insure the daily systematic and orderly performance of all services specified in the contract within the required time frame. c) The Contractor will guarantee to the City of Fayetteville that Contractor's transport tractors, trailers and any other equipment used in the transport of accepted solid waste will be maintained in a mechanically sound, clean and uniformly painted manner at all times. There will be sufficient spare equipment available to insure daily load ng transport, and disposal of all waste received at said Transfer Station within the allotted time frame. All equipment provided by the Contractor will be properly licenced and permitted by appropriate District, City, County & State authorities as required. Additionally, transport tractors will be marked with the name and telephone number of the contractor" on each side of the vehicle. d) Preparation of required repots to all government agencies, if applicable, with copies to City of Fayetteville. e) Contractor shall provide to the City of Fayetteville documented proof of disposal for each load. Such documentation shall be provided to the City of Fayetteville with each invoice. City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 18of20 • • D.1 Waste Management Contract. Bid #0&61 Page 5 of 24 3. FEES: The prices and rates bid by the successful bidder shall be firm for the first two (2) years of the contract. After the first 2 years of the contract, adjustments shall be made as follows: The cost per ton rate shall be adjusted beginning December 1, 2011, by using the difference in the United States Department of Labor Index For Goods and Services from September 2010 through August 2011. This adjustment using subsequent annual USDL Index for Goods and Services numbers shall be used in December 2012 and December 2013. This inflationary index or a full renegotiation of rates by the parties may be used for subsequent renewals of the contract beyond the first five year period. Payment shall be on a cost per ton basis. Measurement shall be from the City of Fayetteville's outbound scale numbers. 4. SECURING FOR PERFORMANCE —1311D SECURITY: The Contractor responsible for the transportation and — -- disposal -of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of said portion of the Contract. Said surety bond shall be in the amount of twenty five percent (25%) of the total bid price for the first year of the contract. Said surety bond after the first year shall be for twenty five percent (25%) of the previous year contracted volume. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas Bonds must be written by an "A" rated bonding company. 5. OUANTITIES: The City of Fayetteville mattes no warranties as to the quantities of solid waste available for transfer and disposal. The City of Fayetteville during the term of this contract shall deliver to City of Fayetteville's Transfer Station all of the municipal, residential and commercial solid waste streams collected by the City of Fayetteville except recyclable waste recycled es such. 6. DISPOSAL Si i tS: Contractor shall provide evidence satisfactory to the City of Fayetteville, that the Contractor shall at all times have a connnitment for adequate landfill air space adequate to exceed the projected needs of the waste to be disposed of hereunder during Oro term of the contract but in any case not less than 10 years. Disposal site will be in compliance with EPA Regulations, Subtitle "D" and any future subtitles or regulations required of said site. Prior to any change by the contractor of disposal site the Contractor shall provide documentation to the City of Fayetteville that such site meets specifications hereunder. 7. REPRESENTATION OF THE CITY OF FAYETI'EVILLE: The City of Fayetteville represents that the City of Fayetteville's Transfer Station is properly and fully permitted as a solid waste transfer station by all applicable governmental authorities. 8. DEFAULT AND TERMINATION: Upon breach by either party to this Contract of any of Its material terms and conditions, the non -breaching party shall deliver written notice to the breaching party of said breach. If the breaching party fails to cure the breach within sixty (60) days, the non -breaching party shall be entitled to declare that the breaching party is in default and the contract terminated. 9. GENERAL SPECIFICATIONS: The terms and conditions of this Contract include each and every general specification set forth hereinafter. 10. ADMINISTRATIVE PROVISIONS- This agreement constitutes the entire agreement between the parties and there are no representations, warranties, promises, covenant, agreements or contracts except as set forth herein. This agreement may not be amended except as set forth in writing and signed by authorized representatives for both parties This agreement shall be construed under the laws of the State of Arkansas, and shall imine to. the benefit of the patties hereto, their successors, assigns and representatives. This agreement may be assigned by City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 19 of 20 D. 1 Waste Management Contract, Bid #09-61 Page 6 of 24 either party only with the prior written consent of the other party, which consent shall not be unreasonably withheld. The persons signing on behalf of the respective parties hereto warrant that they have fun and proper authority to execute this agreement on behalf of the parties so represented. I I FREEDOM OF INFORMATION ACT. City of Fayettevilk contracts and documents prepared while performing City of Fayetteville contractual work an subject to the Arkansas Freedom of Information Act If a Freedom of' Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. f25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 12. ATTACHMENTS i Bid documents referencing Bid 09.61, Solid Waste Transfer and Disposal Services enc gonmtcton bid submittal in response to Bid 09-61. 13. JURISDICTION AND VENUE: This agreement shall be interpreted and enforced pursuant to Arkansas law. Jurisdiction and venue shall be in Washington County, Arkansas. IN AGREEMENT with the provisions set out above, we sign ow names below on this the _ day of 2009. CITY OF FAYETTEVILLE, ARKANSAS By: CONTRA LIONELD JORDAN +e y ScA-:;1E2 Printed Name and Title ATTEST: B iik -Asa AAP ompany Secreta lane Torrto Printed Name and Title City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 20 of 20 Mayor ATTEST: By: Sondra Smith, City Clerk CITY OF FAYETTEVILLE VN 0 Bid 09-61, Solid Waste Transfer and Disposa • $2,700,000.00 Allied Waste Services $2,587,680.00 2 Marck Industries, Inc. $1,755,000.00 Waste Management of Arkansas, Inc. 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. w oa O 0 CERTIFIED: w z H *Wye raweeMerrr Weterrille INVITATION TO BID City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: BID 09-61, Solid Waste Transfer and Disposal Services DEADLINE: Tuesday, September 29, 2009 at 2:00 PM, Central Standard Time DELIVERY LOCATION: Room 306 —113 W Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen(c.cl.fayettevllle.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Issued: 09/18/09 —Advertised 09/14/09 & 09/21/09 INVITATION TO BID BID 09-61 Solid Waste Transfer and Disposal Services No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled "Bid 09-61, Solid Waste Transfer and Disposal Services° with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to FII in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. A Pre -Bid Conference for all Bidders will be held at the Solid Waste & Recycling Division, 1560 South Happy Hollow Road, Fayetteville, AR on Wednesday. September 23, 2009, 2:00 p.m. The City of Fayetteville will answer any questions and update all Bidders. NOTICE TO ALL BIDDERS: All bidders should register as an interested party by notifying Andrea Foren, City Purchasing Agent via e-mail at aforenc ci.favetteville.ar.us. When registering as an interested party, bidders shall submit primary contact Information including name of bidder, primary contact person, phone number, fax number, and physical address. Bidder assumes all responsibility for receiving updates and any addenda issued to this project by monitoring www.accessfavetteville.orq. Failure to acknowledge addenda issued as instructed could result in rejection of such bid. City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 1 of 20 • • City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Bid Form NOTE: All bids shall include a $50, 000 bid security in the form of a certified cashiers check or bid bond. Item Description Price per ton Estimated Tons per year Total Bid Price per year Transport & Disposal BOTH -.s r{ v 1 Disposal $ 2'-4 50 $ $ , 00 54,000 54,000 a35 za >'�F t ' ..n;. � 2 Transport Total Bid $ 32 e 50 X 54,000 = $ 1 ,755, Occ ALL BIDDERS AGREE TO THE FOLLOWING: 1.) ITEMS BID SHALL BE INCLUSIVE OF ALL COST (INCLUDING ANY APPLICABLE TAXES, FEES AND SURCHARGES INCURRED BY BIDDER FOR CONDUCTING BUSINESS). 2.) Price Increases: The prices and rates by the successful bidder shall be firm for the first three (3) years of the contract. After the first 3 years of the contract, adjustments can be requested as further outlined. 3.) Bid security: All Bids shall include a $50,000 bid security in the form of a certified cashiers check or bid bond. 4.) Bids will be evaluated on the total for Items 1 and 2 combined and will be awarded to a single contractor, all or none. 5.) Bids shall be accompanied by a letter from a corporate surety satisfactory to the City stating that the Performance Bond(s) will be furnished by it to the person submitting the Bid in the event it is the successful Bidder. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. 6.) Any subcontractor, sub -hauler, etc. shall meet all contract requirements of contractor. City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 2 of 20 • • EXECUTION OF BID - Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal, including specifications, terms and standard conditions, and pertinent information regarding the articles bemg bid on, and agree to furnish these articles at the prices stated. Unsigned bids will be rejected. Items marked * are mandatory for consideration. *LOCATION OF DISPOSAL SITE: cis) \l t SVA La*.ty O F t t_t_ *METHOD OF DISPOSAL: S,4i4 tT'4jz-1/4/ LA"1''0Ftt-Ltt' I *NAME OF FIRM: WASTE I Me4t 8e- sotraem‘ C. *BUSINESS ADDRESS: Io4 1 CAW -30 A -c. ty5 A"/E."1 UE roGD�1l� `STATE: g-Cc1G4,,4S43 *ZIP: '-12-762 FAX: 4 iS'_ 36 I — S08 S.- W m, c.£) nn *CITY: *PHONE: +-7C-11- 310 I — 20 49 *E-MAIL ADDRESS: g41-14 $ V'4 @ *BY :( PRINTED NAME) I RAC. € *AUTHORIZED SIGNATURE: %" �� ` V / C.t� PZES *TITLE: I�PriLILlf;T 41154 tES1P€i,..1T Attach all addenda, answers, additions, deletions, modifications, and statements to this specification here. This attachment shall become part of the Bid and Bid Document. Acknowledge all Addendums below: Addendum # Addendum # Addendum # Addendum # Addendum # Dated: Dated: Dated: Dated: Dated: Initials: Initials: Initials: Initials: Initials: City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 3 of 20 • • Mc�SEIBELS & WILLIAMS OF TEXAS. INC. 811 Town & Country Lane, Suite 500 • Houston, Texas 77024 • TEL— (713) 877-8975 • Fax— (713) 877.8974. September 22, 2009 Wayne Rathbun Eco -Vista LLC 18633 Stuffs Road WC865 Springdale, AR 72765 RE: Bid Bond — City of Fayetteville Bid Date: September 29, 2009 Please find enclosed your requested bid bond and/or consent of surety, as captioned. Should you have any questions, please feel free to give us a call. Good luck! e d� /at a nn (�arci Seni r Account Service Representative • G2/,om Mary Am Cncia 2OOPLnIatMd.C000av Cover Lmn.Eoc • • • Western Surety Company September 29, 2009 City of Fayetteville Purchasing Division 113 W Mountain Fayetteville, AR 72701 RE: Principal: Eco -Vista LLC Bid Date: September 29, 2009 Description: Bid 09-61 Solid Waste Transfer and Disposal Services Consent of Surety To Whom It May Concern: It is our understanding that Eco -Vista LLC will submit a bid for the above described job. We, Western Surety Company, hereby agree that in the event an award is made to Eco -Vista LLC, on the project as captioned, we will execute the necessary Performance and Payment Bonds that will be required. Sincerely, /tc r' arciAtttto ey-in-Fact Western Surety Company • • 'Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY. a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal halo affixed hereby make, constitute and appoint Marc W Boots, Joy Durham, Stephen R Smith, Vickie Lacy, Richard Covington, Mary Ano Garcia, P T Osburn, Maria D Zuniga, Misty Clark, Stephanie Gunderson, Heather Notes, Kristin Hager, Individually of Houston, TX, its true and lawful Atton,ey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its bchaV bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments wen signed by a duly authorized officer of the corporation and all the acts of said .—_ AuemeY7Ws !o4M.a UtesittyllalbItytkeieharpy ratified and-eonfiehr`--- This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shwrholdea of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of July, 2009. State of South Dakota County of Minnehaha l SS WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President On this 22nd day of July, 2009, before me personally came Paul T. Brutal, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota that he is the Salim Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such cooperate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledge same to be the act and deed of said corporation. My commission expires November 00, 2012 D. KRELL NOTARY PUBLIC SOUTH DAKOTA a 1 •t r • a CERTIFICATE I, L. Nelson, Assistant Seuetary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the Bylaw of the corporation affixed on the reverse roof is ill in fo e. In testimony whereof 1 have hereunto subscribed p a 2 my name and axcd the seal of the said corporation this<2e. day �lN.l-� of fr t/(✓(] C J. ram, FI280.09•06 WESTERN SURETY COMPANY / L Nelson, Assistant Secretary • • • Authorizing By -Law ADOPTED BY TI -IE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertaking; Powcrs of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Presided, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A attached hereto (individually, the "Corporation"), has constituted and appointed and does hereby constitute and appoint Marc W. Boots, Richard Covington, Mark W. Edwards 11, Robert R. Freel, Mary Ann Garcia, Vickie Lacy, P.T. Osbum, Alisa B Pounders, Stephen R. Smith and Maria D. Zuniga of McGriff, Seibels & Williams of Texas, Inc., each its true and lawful Attomey-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: Surety bonds to the United States of America or any agency thereof,, including lease and miscellaneous surety bonds required or permitted tn,d,.., the- laws, ordinances -or regulations of any State, City: -Town' Village, Board or any other body or organization, public or private. Bonds on behalf of contractors in connection with bids, proposals or contracts. The foregoing powers granted by the Corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF, the Corporation has caused these presents to b si ned y its Vice Pre nt, F. ante a Treasurer, and its corporate seal to be hereto affixed this day of 2 �4n It-/ , 2009. Witness: Donna L. Meals D'rector, Financial Assuranle Waste Management, Inc. erie C. Rice Vice President, Finance and Treasurer Revised 12/19:05 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Eco -Vista LLC and the Westem Surety Company as Principal, hereinafter called the Principal, of Sioux Falls, SD , a corporation duly organized under the laws of the State of South Dakota , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville as Obligee, hereinafter called the Obligee, in:thcstmigf EiftKThousantandO01100:_ ',--.-.-..... ----_r • Dollars (S 50,000.00 ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fmrtly by these presents. WHEREAS, the Principal has submitted a bid for Bid 09-61 Solid Waste Transfer and Disposal Services NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of 6,f,W‘`VOA 41C-49Qb Heather Noles Witness Vickie Lacy Witness September Eco—Vista LLC 2009 (Seal) Principal Maria D. Zuniga, Attorney-in-fact Western SuretyCompa Title s-O054/GEEF 17/00 FRP Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY. a South Dakota corporation, is a duly organized and existing corporation having its principal office is the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signatwc and seal herein affixed hereby make, constitute and appoint Marc W Boots, Joy Durham, Stephen R Smith, Vickie Lacy, Richard Covington, Mary Ann Garcia, P T Osburn, Maria D Zuniga, Misty Clark, Stephanie Gunderson, Heather Notes, Kristin Hager, Individually of Houston. TX its true and lawful Attorney(s)-in-Fast with full power and authority hereby conferred to sign, seal and execute for and on in behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized once, of the corporation and all the acts of said -- ANA ptgsttantfD the aW�igr huehygmen, ate hereby rafifictmW Z0SSAA UIr _._...—-- _. —. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed an the reverse heretoc duly adopted, a indicated, by the shareholders of the corporation. In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day ofJuly, 2009. y,atr, WESTERN SURETY COMPANY w ��tPidenl .r `"`fit °� State of South Dakota l ss CountyofMinnchaha I On this 22nd day of July. 2009, before me personally came Paul T. Bmfat, to me known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ♦"���•"�•�•"`••�•`•"•• • D. KRELL r (/ November 30 2012 ice` ROUARY PUBLIC sEAL `i, J SOUTH DAKOTA r D. Krell. Nil,7 Public CERTIFICATE I. L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed we the reverse hat is sti in form .In testimony %vv(heercof I have hereunto subscribed my name and affixed the seal of the said corporation this �c! /�'zy day or r's. . YN - WESTERN SURETY COMPANY •a, s rY 4 1 `4'iri cif°sv L Nelson, Assistant Secretary Form F42a0-0906 L. • r Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secieary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. September 29, 2009 City of Fayetteville, Arkansas Purchasing Division 113 W. Mountain Fayetteville, AR 72701 RE: Bid 09-61, Solid Waste Transfer and Disposal Service Waste Management would like to take this opportunity to thank you for the invitation to submit a bid for the city of Fayetteville's Solid Waste Transfer and Disposal Services. As you may be aware, for over a decade Waste Management enjoyed serving the disposal needs for the city of Fayetteville. Although this relationship was interrupted for a few years, Waste Management is appreciative of the renewed interest demonstrated by the city. As the nation's leading operator of transfer stations and supplier of hauling and disposal services, Waste Management is excited to provide the best value to meet the needs of Fayetteville and its citizens. Please accept this letter, as well as the bid documents that accompany it, as a sign of good faith in renewing a partnership for the decades to come. Our proposal meets or exceeds all aspects of your Bid Specifications. Waste Management views the City of Fayetteville as one of the most vibrant and promising areas in our State. We would be honored to continue our partnership with the City and provide a long-term, stable solution to the City's solid waste service needs. Sincerely, Wayne Rathbun Waste Management of Arkansas September 29, 2009 City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Service Purchasing Division 113 W. Mountain Fayetteville, AR 72701 Supporting Data regarding COMPETENCY OF BIDDER qualifications found on page 8: (a) Itemized list of equipment available for use: 3-100yd tractor -trailers units for transportation. One each of the following units: 826 -Compactor, D8 Dozer, and a D6 Dozer for proper waste handling at Eco-Vista Landfill. (b) 2008 Annual Financial Report found in the left jacket pocket of this notebook. (c) Certificate of Good standing from the Arkansas Secretary of State found in Section 1. (d) Evidence of 5 -year existence in Solid Waste found in both our bid letter and our 2008 annual report found in notebook pocket. (e) Evidence of landfill capacity found on page 4 of the Annual Engineering Inspection Report. This report will be found in Section 2 of this notebook. (I) Copy of WM's Environmental Policy Statement found in Section 3 of this notebook. Records of past environmental Issues at Eco-Vista found in Section 4. These reports detail events from a NOV in April 2002 through the investigation with letter dated August 30, 2002. (g) Waste Management is in good standing with the City of Fayetteville. On October 1, 2009, WM will enter into a temporary arrangement to accept the city's disposal until the bid process is completed.. Response to Item 24, LEGAL ISSUES DISCLOSURE STATEMENT, found in Section 5 of this report: j Eco-Vista's Solid Waste Permit found in Section 6 Arkansas Secretary of State Charlie Daniels I Business and Commercial (PC) Services Page I of 2 Text + I Text - BUSINESS AND COMMERCIAL (UCC) SERVICES j` Search Incorporations, Cooperatives, Banks and Ins —'' Companies Printer Friendly Version For service of process contact the Secretary of State's office. Corporation Name WASTE MANAGEMENT OF ARKANSAS Fictitious Names ARKANSAS WASTE DISPOSAL ARKANSAS WASTE SYSTEMS LITTLE ROCK LANDFILL PINE BLUFF DISPOSAL PINE BLUFF DISPOSAL PINE BLUFF LANDFILL TWO PINE LANDFILL WASTE MANAGEMENT RECYCLING & DISPOSAL FACILITY Filing # 100067636 Filing Type Foreign For Profit Corporation Filed under Act For Bus Corp; 958 of 1987 Status Good Standing Principal Address Reg. Agent THE CORPORATION COMPANY Agent Address 124 WEST CAPITOL AVENUE SUITE 1900 LITTLE ROCK, AR 72201 Date Filed 03/27/1984 Officers GREG A. ROBERTSON Controller , JAMES E. TREVATHAN Jr, President DON P. CARPENTER Vice -President , LINDA J. SMITH , Secretary CHERIE C. RICE Treasurer , MARK A. LOCKETT/ASST. TREASUREF Preparer Foreign Name N/A Foreign Address 100W. 10TH ST. WILMINGTON, DE 19801 State of Origin DE Purchase a Certificate of Pay Franchise Tax.for this Good Standing fQr this coloration. Entity_ http://www. sosweb.state.ar. us/corps/searchcorps.php?DETAI L=332043&corp_type_id=... 9/25/2009 Arkansas Secretary of State Charlie Daniels I Business and Commercial (PC) Services Page 2 of 2 LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search http://www.sosweb.state.ar.us/corps/search_corps.php?DETAIL=332043 &corp_type_id=... 9/25/2009 0 OILOM COMPANY IMCORIORRT,O March 31, 2009 By Federal Express Only Arkansas Department of Environmental Quality Solid Waste Division 8001 National Drive P.O. Box 8913 Little Rock, AR 72219 Attention: Mr. Bryan Leamons, P.E. Engineer Supervisor RE: Annual Engineering Inspection Report Eco Vista, LLC 4000 NORTH CLASSEN BLVD., SUITE 110-5 OKLAHOMA CITY, OK 73118 PHONE: (405) 996-5301 T FAx: (405) 488-0029 F ]ASMEPHERD®SEDCOUSA. NET At'IN1Z'DD144 Pmt#_oz 90-51_ et RECD W MAR 312009 M Doc ►D#:_` ?arnt2, Eco Vista Class I Landfill AFIN No.: 72-00144 Permit No.: 0290 -S1 -R2 Dear Mr. Leamons: On behalf of our client, Waste Management of Arkansas, Inc., please find attached the 2008 Annual Engineering Inspection Report for the above facility as required by ADEQ Solid Waste Regulation 22.423. This report covers the period from January 1, 2008 to December 31, 2008. If you have any questions, please do not hesitate to call us. Sincerely, Shepherd Engineering Design Co., Inc. Jeff A. Shepherd, P.E. Senior Engineer/President Cc: Mr. David Conrad — Market Area Engineer (1 Copy) Mr. Kirby Thompson — Site Manager (2 Copies) i '-�j cZ , a4Cq C McGRIFP, SEIBELS & WILLIAMS OF TEXAS. INC. 811 Town & Country Lane, Suite 55000•• Houston, Texas 77024 • TEL — (713) 877-8975 • Fax — (713) 877-8974 ARCHIVED November 11. 2009 Wayne Rathbun Waste Management 1041 Arbor Acres Avenue Springdale, AR 72762 RE: Performance Bond No. 8206-49-20 City of Fayetteville Please find enclosed your requested surety bond. Should you have any questions, please feel free to give us a call. .Rega,, rds n GaYcia �G� ccount Service Representative G: users\Mary Am Garcie\3009LL.a\as\Pafosmencc Bond Cover Lcna.doc CHUBB GiUP OF INSURANCE COMPPIES CDepartment,M untain View Road, Box 1615, Warren, NJ07061-1615 Surety 15 0 0 P.0.0 CMUBB Phone: 908-903-3497 Facsimile: 908-903-3656 Bond No. 8206-49-20 FEDERAL INSURANCE COMPANY PERFORMANCE BOND Amount $438,750.00 Know All Men By These Presents, That we, Waste Management of Arkansas, Inc., 1041 Arbor Acres Avenue, Springdale, AR 72762 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY , Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana I , (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Fayetteville, 113 W. Mountain, Fayetteville, AR 72701 (hereinafter called the Obligee), in the amount of Four Hundred Thirty Eight Thousand Seven Hundred Fifty and No/1 ($438,750.00), for the payments of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this November 11, 2009. WHEREAS, the Principal entered into a certain Contract with the Obligee, dated for Solid Waste Transfer and Disposal Contract in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of the said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE CONTRARY, THE LIABILITY OF THE PRINCIPAL AND THE SURETY UNDER THIS BOND IS LIMITED TO THE TERM OF THE CONTRACT FROM December 1, 2009 TO November 30, 2010. ANY EXTENSIONS OR RENEWALS OF THIS BOND MUST BE CONSENTED TO IN WRITING BY THE PRINCIPAL AND THE SURETY. FAILURE TO EXTEND OR RENEW THIS BOND BY THE PRINCIPAL AND THE SURETY SHALL NOT CONSTITUTE A DEFAULT UNDER THIS BOND. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. Form 15.02.0300 (Rev. 11-99) Contracts with Renewal Options Page 1 of 2 Bond No. 8206-49-20 • 0 No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Waste Management of Arkansas Inc. By: Richard Covington, ttbrn -in-fact FEDERAL INSURANCE COMPANY By: 1✓ � C��tj `��CC�I C_ Mary Arin Garcia, Attor4ldy In Fact Form 15.02.0300 (Rev. 11.99( Contracts with Renewal Options Page 2 of 2 i .. • 1I11 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company , Warren, NJ 07059 Know All by These Presents. That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Marc W. Boots, Misty Clark, Richard Covington Joy Durham Mary Ann Garcia, Stephanie Gunderson, Kristin Hager, Vickie Lacy, Heather Notes, P. T. Osburn, Sttephen R. Smith and Maria D. Zuniga of Houston, Texas - each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY. VIGILANT IN: these presents and affixed their corporate seals on this 14th day of May, Kenna C. Wendel, Assstant �`ecratary STATE OF NEW JERSEY ss. County of Somerset COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested On this 14th day of May, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the Foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris. Jr., and was thereto subscribed by authority of said By - Laws and In deponent's presence. Notarial Seal STEPH No.2321097 8. L �Q�� B 9q_ tJolory Publ-Ic, Sdat� of Naw bny y kOTARI,., 97 Commission Expires Oct. 25. 2009 Notary Public ,`AuUBUCa, `�' JEpSP CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other. writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the -Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and ('ui) the foregoing Power of Attorney is true, correct and in lull force7 and efle ,/�� / �T nD Given under my hand and seals of said Companies at Warren, NJ this (�/`-�y / dG' / � —•_ G \j//1�, lilt' J)� //��// � I • •. rr ` • • t-• il../ir..�-rte? A LZ( �'OIANh- bs YA! �FMYar- Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: suretyalchubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A attached hereto (individually, the "Corporation"), has constituted and appointed and does hereby constitute and appoint Marc W. Boots, Richard Covington, Mark W. Edwards II, Robert R. Freel, Mary Ann Garcia, Vickie Lacy, P.T. Osburn, Alisa B. Pounders, Stephen R. Smith and Maria D. Zuniga of McGriff, Seibels & Williams of Texas, Inc., each its true and lawful Attorney -in -fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. Bonds on behalf of contractors in connection with bids, proposals or contracts. The foregoing powers granted by the Corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF, the Corporation has caused these presents to be si ned y its Vice P resi Finance d Treasurer, and its corporate seal to be hereto affixed this day of 2009. Witness: t� Donna L. Meals Director, Financial Assuran Waste Management, Inc. erie C. Rice Vice President, Finance and Treasurer Revised 12/19/05 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation 0842463 B.C. Ltd. Corporation British Columl 1329409 Ontario Inc. NA -0000001 Corporation Ontario 2M Investments, L.L.C. 87-0681820 Limited Liability Company Utah 3368084 Canada Inc. NA -0000003 Corporation Canada 635952 Ontario Inc. NA -0000005 Corporation Ontario Acaverde S.A. de C.V. NA -0000010 Corporation Mexico Acaverde Servicios, S.A. de C.V. NA -0000011 Corporation Mexico Advanced Environmental Technical Services, L.L.C. 36-4016575 Limited Liability Company Delaware Akron Regional Landfill, Inc. 31-1595650 Corporation Delaware Alabama Waste Disposal Solutions, L.L.C. 76-0641853 Limited Liability Company Alabama Alliance Sanitary Landfill, Inc. 23-2383025 Corporation Pennsylvania Alpharetta Transfer Station, LLC 20-1457486 Limited Liability Company Georgia American Landfill, Inc. 34-1355783 Corporation Ohio American RRT Fiber Supply. L.P. 23-2790769 Limited Partnership Pennsylvania Anderson Landfill, Inc. 76-0590137 Corporation Delaware Antelope Valley Recycling and Disposal Facility, Inc. 95-3344381 Corporation California Arden Landfill, Inc. 25-1249512 Corporation Pennsylvania Atlantic Waste Disposal, Inc. 36-3852536 Corporation Delaware Automated Salvage Transport Co., L.L.C. 04-3735644 Limited Liability Company Delaware Auxiwaste Services SA NA -000001 3 Corporation France Avalon South, LLC 26-3549579 Limited Liability Company Delaware Avalon Southwest, Inc. 26-2817237 Corporation Delaware Azusa Land Reclamation, Inc. 95-2908438 Corporation California B&B Landfill, Inc. 20-1469925 Corporation Delaware Barre Landfill Gas Associates, L.P. 06-1438474 Limited Partnership Delaware Beecher Development Company 36-3381285 Joint Venture Illinois Bestan Inc. NA -0000017 Corporation Quebec Big Belly Solar, Inc. 33-1056366 Corporation Delaware Big Dipper Enterprises, Inc. 45-0325454 Corporation North Dakota Bluegrass Containment, L.L.C. 76-0641298 Limited Liability Company Delaware Brazoria County Recycling Center, Inc. 76-0160311 Corporation Texas Burnsville Sanitary Landfill, Inc. 41-1882463 Corporation Minnesota C&C Disposal, LLC 20-1289317 Limited Liability Company Georgia C.I.D. Landfill, Inc. 16-1091396 Corporation New York CA Newco, L.L.C. 35-2228276 Limited Liability Company Delaware Cal Sierra Disposal 94-2349727 Corporation California California Asbestos Monofill, Inc. 68-0232434 Corporation California Canadian Waste Services Holdings Inc. NA -0000020 Corporation Ontario CAPICRA, L.L.C. 52-2137376 Limited Liability Company Illinois Capital Sanitation Company 88-0121888 Corporation Nevada Capitol Disposal, Inc. 76-0638591 Corporation Alaska Carolina Grading. Inc. 57-0923608 Corporation South Carolin. Cedar Ridge Landfill, Inc. 62-1727570 Corporation Delaware Central Disposal Systems, Inc. 42-0995450 Corporation Iowa Chadwick Road Landfill, Inc. 58-1798581 Corporation Georgia Chambers Clearview Environmental Landfill, Inc. 25-1652556 Corporation Mississippi Chambers Development Company, Inc. 25-1214958 Corporation Delaware Chambers Development of Ohio, Inc. 51-0396835 Corporation Ohio Chambers of Georgia, Inc. 58-2397639 Corporation Delaware Chambers of Mississippi, Inc. 25.1628285 Corporation Mississippi Chemical Waste Management of Indiana. L.L.C. 36-4067587 Limited Liability Company Delaware Chemical Waste Management of the Northwest, Inc. 91-1089393 Corporation Washington 10/5/2009 2:52:26 PM Page 1 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Chemical Waste Management, Inc. 36-2989152 Corporation Delaware Chesser Island Road Landfill, Inc. 58-2364490 Corporation Georgia City Disposal Systems, Inc. 38-3407001 Corporation Delaware City Environmental Services, Inc. of Waters 38-3020069 Corporation Michigan City Environmental, Inc. 38-3407576 Corporation Delaware City Management Corporation 38-2056600 Corporation Michigan Cleburne Landfill Company Corp. 59-3069374 Corporation Alabama Coast Waste Management, Inc. 95-2557952 Corporation California Connecticut Valley Sanitary Waste Disposal. Inc. 04-2796580 Corporation Massachusett Conservation Services, Inc. 84-0915035 Corporation Colorado Continental Waste Industries Arizona, Inc. 22-3146904 Corporation New Jersey Corporate Housing Initiatives II Limited Partnership 52-1854657 Limited Partnership Delaware Coshocton Landfill. Inc. 31-1214800 Corporation Ohio Cougar Landfill, Inc. 76-0211843 Corporation Texas Countryside Landfill, Inc. 36-2838336 Corporation Illinois CR Group, LLC 87-0629120 Limited Liability Company Utah Cuyahoga Landfill, Inc. 76-0680495 Corporation Delaware CWM Chemical Services, L.L.C. 36-4203347 Limited Liability Company Delaware Dafter Sanitary Landfill, Inc. 38-2754804 Corporation Michigan Dauphin Meadows, Inc. 23-2390183 Corporation Pennsylvania Deep Valley Landfill, Inc. 23-2886200 Corporation Delaware Deer Track Park Landfill, Inc. 39-1802678 Corporation Delaware Del Almo Landfill. L.L.C. 74-3055347 Limited Liability Company Delaware Delaware Recyclable Products, Inc. 51-0334417 Corporation Delaware Dickinson Landfill, Inc. 76.0325384 Corporation Delaware Disposal Service. Incorporated 55-0618479 Corporation West Virginia DLA Investments, Inc. 20-4595489 Corporation Florida Dominium Opportunity Fund, A California Limited Partnership 95-4507794 Limited Partnership California Donahue/JRP Asia Pacific Ltd NA -0000163 Corporation Hong Kong Downtown Diversion Inc. 80-0069661 Corporation California E.C. Waste, Inc. 66-0523535 Corporation Puerto Rico Earthmovers Landfill, L.L.C. 61-1342591 Limited Liability Company Delaware East Liverpool Landfill, Inc. 34-1637446 Corporation Ohio Eastern One Land Corporation 76.0695122 Corporation Delaware Eco-Vista. LLC 72-1541909 Limited Liability Company Arkansas eCycling Services, L.L.C. 38-3684879 Limited Liability Company Delaware El Coqui Landfill Company, Inc. 66-0555785 Corporation Puerto Rico El Coqui Waste Disposal, Inc. 76-0480500 Corporation Delaware ELDA Landfill, Inc. 76-0639272 Corporation Delaware Elk River Landfill, Inc. 41-1283941 Corporation Minnesota Envirofil of Illinois, Inc. 37-0957555 Corporation Illinois Evergreen Landfill, Inc. 76-0472693 Corporation Delaware Evergreen National Indemnity Company UK -0000142 Corporation Ohio Evergreen Recycling and Disposal Facility, Inc. 76-0638587 Corporation Delaware Farmer's Landfill, Inc. 43-0863680 Corporation Missouri Feather River Disposal, Inc. 06-1479349 Corporation California Fernley Disposal, Inc. 94-3423947 Corporation Nevada G.I. Industries 87-0430285 Corporation Utah GA Landfills, Inc. 58-2293782 Corporation Delaware Gallia Landfill, Inc. 31-1509605 Corporation Delaware Garnet of Maryland, Inc. 52-1916417 Corporation Maryland Gateway Transfer Station, LLC 20-1457460 Limited Liability Company Georgia 10/5/2009 2:52:26 PM Page 2 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation GCP Engineering Ltd NA -0000164 Corporation Hong Kong Georgia Waste Systems, Inc. 58-1028526 Corporation Georgia Gestion Des Rebuts D.M.P. Inc. NA -0000033 Corporation Quebec Giordano Recycling, L.L.C. 20.2098765 Limited Liability Company Delaware Glades Landfill, LLC 73-1630187 Limited Liability Company Florida Glen's Sanitary Landfill, Inc. 38.2065407 Corporation Michigan Grand Central Sanitary Landfill, Inc. 23.2049337 Corporation - Pennsylvania Greenbow, LLC 05-0605713 Limited Liability Company Alabama Grupe WMX, S.A. De C.V. NA -0000039 Corporation Mexico Guadalupe Mines Mutual Water Company 77-0398278 Not For Profit Corporation California Guadalupe Rubbish Disposal Co., Inc. 95-2746842 Corporation California Guam Resource Recovery Partners, L.P. 36-4149976 Limited Partnership Delaware Ham Lake Haulers, Inc. 41-1704537 Corporation Minnesota Hartis Sanitation, Inc. 59-1219741 Corporation Florida Harwood Landfill, Inc. 52-1637402 Corporation Maryland Hedco Landfill Limited NA -0000040 Corporation England High Mountain Fuels LLC 26-2268599 Limited Liability Company Delaware Hillsboro Landfill Inc. 93-0760239 Corporation Oregon Holyoke Sanitary Landfill, Inc. 04-2481863 Corporation Massachusett IN Landfills, L.L.C. 61-1342588 Limited Liability Company Delaware Jahner Sanitation, Inc. 45-0410330 Corporation North Dakota Jay County Landfill, L.L.C. 61-1342592 Limited Liability Company Delaware JFS (UK) Limited NA -0000044 Corporation England K and W Landfill Inc. 38-2504167 Corporation Michigan Kahle Landfill, Inc. 43-1682575 Corporation Missouri Keene Road Landfill, Inc. 59-2044226 Corporation Florida Kelly Run Sanitation, Inc. 25-1696669 Corporation Pennsylvania Key Disposal Ltd. NA -0000045 Corporation British Columl KeyCorp Investment Limited Partnership 34-1783428 Limited Partnership Ohio King George Landfill Properties, LLC 27-0747734 Limited Liability Company Virginia King George Landfill, Inc. 54-1632805 Corporation Virginia La Quinta Medical/Commercial Plaza, Ltd. 95-4357859 Limited Partnership California Lakeville Recycling, L.P. 36-3730138 Limited Partnership Delaware Land Reclamation Company, Inc. 36-3640284 Corporation Delaware Land South Holdings, LLC 20-5908782 Limited Liability Company Delaware Landfill of Pine Ridge. Inc. 76-0638593 Corporation Delaware Landfill Services of Charleston, Inc. 55-0731302 Corporation West Virginia Laurel Highlands Landfill, Inc. 25-1640583 Corporation Pennsylvania LCS Services, Inc. 55-0673745 Corporation West Virginia Liberty Landfill, L.L.C. 61-1342590 Limited Liability Company Delaware Liberty Lane West Owners' Association 36-4163829 Not For Profit Corporation New Hampshi Liquid Waste Management, Inc. 95-2779930 Corporation California Longleaf C&D Disposal Facility. Inc. 59-3598129 Corporation Florida Longmont Landfill, L.L.C. 36-4551803 Limited Liability Company Delaware Looney Sins, Inc. 95-4704325 Corporation California M.S.T.S., Inc. 36-3542321 Corporation Delaware Mahoning Landfill, Inc. 34-1047662 Corporation Ohio Mass Gravel Inc. 04-3117495 Corporation Massachusett Mc Ginnes Industrial Maintenance Corporation 74-1532790 Corporation Texas McDaniel Landfill, Inc. 45-0399545 Corporation North Dakota McGill Landfill, Inc. 38-3076718 Corporation Michigan Meadowfill Landfill, Inc. 31-1509701 Corporation Delaware 10/5/2009 2:52:26 PM Page 3 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Michigan Environs, Inc. 38-2434760 Corporation Michigan Midwest One Land Corporation 20-0606093 Corporation Delaware Minneapolis Refuse, Incorporated 41-0972178 Corporation Minnesota Modern -Mallard Energy, LLC 57-1161216 Limited Liability Company Delaware Modesto Garbage Co., Inc. 94-1643145 Corporation California Moor Refuse. Inc. 33-0622768 Corporation California Mountain Indemnity Insurance Company 03-0328445 Corporation Vermont Mountainview Landfill, Inc. (MD) 25-1538716 Corporation Maryland Mountainview Landfill, Inc. (UT) 76-0548746 Corporation Utah Nassau Landfill, L.L.C. 37-1487482 Limited Liability Company Delaware National Guaranty Insurance Company of Vermont 36-3643755 Corporation Vermont New England CR L.L.C. 04-3735642 Limited Liability Company Delaware New Milford Landfill, L.L.C. 76-0641312 Limited Liability Company Delaware New Orleans Landfill, L.L.C. 38-3699690 Limited Liability Company Delaware NHNT Energy Recovery Corporation 02-0390004 Corporation New Hampshi North Manatee Recycling and Disposal Facility, L.L.C. 26-0283104 Limited Liability Company Florida Northwestern Landfill, Inc. 52-2023458 Corporation Delaware Nu -Way Live Oak Reclamation, Inc. 68-0236308 Corporation Delaware Oakridge Landfill, Inc. 25-1547187 Corporation South Carotin, Oakwood Landfill, Inc. 57-0974474 Corporation South Carolin, Okeechobee Landfill, Inc. 25-1628636 Corporation Florida Ozark Ridge Landfill, Inc. 71-0692520 Corporation Arkansas P & R Environmental Industries, L.L.C. 04-3735653 Limited Liability Company North Carolin; Pacific Waste Management L.L.C. 98-0227312 Limited Liability Company Delaware Palmetto Seed Capital Fund 57-0889130 Trust South Carolin Palo Alto Sanitation Company 94-1075868 Corporation California Poppy, Inc. 52-1561430 Corporation Maryland Peitz H.C.. LLC UK -0000100 Limited Liability Company Wisconsin Pen -Rob, Inc. 86-0504613 Corporation Arizona Penuelas Valley Landfill. Inc. 66-0560251 Corporation Puerto Rico People's Landfill, Inc. 38-3406998 Corporation Delaware Peterson Demolition, Inc. 41-1625867 Corporation Minnesota Phoenix Resources, Inc. 23-2483102 Corporation Pennsylvania Pine Grove Landfill, Inc. (PA) 23-2388139 Corporation Pennsylvania Pine Tree Acres, Inc. 38-2544258 Corporation Michigan Plantation Oaks Landfill, Inc. 76-0638592 Corporation Delaware PPP Corporation 23-2146479 Corporation Delaware Prairie Bluff Landfill, Inc. 76-0638590 Corporation Delaware ProCentury Corporation UK -0000026 Corporation Ohio Pulaski Grading, L.L.C. 76-0638043 Limited Liability Company Delaware Quail Hollow Landfill, Inc. 62-1727567 Corporation Delaware Questquill Limited 98-0221631 Corporation United Kingdc R & B Landfill, Inc. 25-1754371 Corporation Georgia RAA Colorado, L.L.C. 20-2587942 Limited Liability Company Colorado RAA Trucking, LLC 39-2040612 Limited Liability Company Wisconsin RCI Hudson, Inc. 04-3044820 Corporation Massachuset Recycle America Co., L.L.C. 04-3735636 Limited Liability Company Delaware Recycle America Holdings, Inc. 72-1541913 Corporation Delaware Redwood Landfill, Inc. 94-1443150 Corporation Delaware Refuse Services, Inc. 59-1098850 Corporation Florida Refuse, Inc. 88.0094235 Corporation Nevada REI Holdings Inc. 36-4124520 Corporation Delaware 10/5/2009 2:52:26 PM Page 4 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Reliable Landfill, L.L.C. 73-1654400 Limited Liability Company Delaware Remote Landfill Services, Inc. 62-1421307 Corporation Tennessee Reno Disposal Co. 88-0087833 Corporation Nevada Resco Holdings L.L.C. 20-0584193 Limited Liability Company Delaware Resource Control Composting, Inc. 04-3044833 Corporation Massachusett Resource Control, Inc. 04-2655361 Corporation Massachusett Richland County Landfill, Inc. 58-1708996 Corporation South Carotin, Riegel Ridge, LLC 56-2124210 Limited Liability Company North Caroliru Riverbend Landfill Co. 93.0724866 Corporation Oregon Rolling Meadows Landfill, Inc. 76.0325383 Corporation Delaware RRT Design & Construction Corp. 16-1353118 Corporation Delaware RRT Empire of Monroe County, Inc. 16-1409567 Corporation New York RTS Landfill, Inc. 58-1924102 Corporation Delaware Rust Engineering & Construction Inc. 63-1081016 Corporation Delaware Rust Engineering (Thailand) Ltd NA -0000162 Corporation Thailand Rust International Inc. 63-1081055 Corporation Delaware S & J Landfill Limited Partnership 76.0404581 Limited Partnership Texas S & S Grading, Inc. 58-1858013 Corporation West Virginia S. V. Farming Corp. 22-2976860 Corporation New Jersey 54 Energy Solutions, LLC 26-4136359 Limited Liability Company Delaware Sanifill do Mexico (US), Inc. 76-0419331 Corporation Delaware Sanifill de Mexico, S.A. de C.V. NA -0000070 Corporation Mexico Sanifill Power Corporation 76-0496422 Corporation Delaware SC Holdings, Inc. 36-2898300 Corporation Pennsylvania Serubam Servicos Urbanos E Ambientais Lida NA -0000077 Corporation Brazil SES Bridgeport L.L.C. 36-4057298 Limited Liability Company Delaware Shade Landfill, Inc. 23-2886198 Corporation Delaware Sierra Estrella Landfill, Inc. 86-0717293 Corporation Arizona Southern Alleghenies Landfill, Inc. 25-1249160 Corporation Pennsylvania Southern One Land Corporation 72-1534481 Corporation Delaware Southern Plains Landfill, Inc. 73-1384828 Corporation Oklahoma Southern Waste Services, L.L.C. 61-1342585 Limited Liability Company Delaware Spruce Ridge, Inc. 41-1591957 Corporation Minnesota Stony Hollow Landfill, Inc. 76-0638597 Corporation Delaware Storey County Sanitation, Inc. 88.0264671 Corporation Nevada Suburban Landfill, Inc. 76.0638596 Corporation Delaware Texarkana Landfill, L.L.C. 30-0239245 Limited Liability Company Delaware Texas Pack Rat - Austin #1 LLC 20-3668884 Limited Liability Company Texas Texas Pack Rat - Dallas #1 LLC 26-2054900 Limited Liability Company Texas Texas Pack Rat - Houston #1 LLC 20-4572488 Limited Liability Company Texas Texas Pack Rat - Houston #2 LLC 20.5227255 Limited Liability Company Texas Texas Pack Rat - Houston #3 LLC 20-5227324 Limited Liability Company Texas Texas Pack Rat - San Antonio #1 LLC 20.4572603 Limited Liability Company Texas Texas Pack Rat Service Company LLC Limited Liability Company Texas The Peltz Group, LLC 05-0545181 Limited Liability Company Wisconsin The Waste Management Charitable Foundation 04-3073733 Not For Profit Corporation Delaware The Woodlands of Van Buren, Inc. 36.3791221 Corporation Delaware Thermal Remediation Solutions, L.L.C. 91-1865607 Limited Liability Company Oregon TNT Sands, Inc. 57.0937314 Corporation South Carolin. Trail Ridge Landfill. Inc. 36-3667296 Corporation Delaware Transamerican Waste Central Landfill, Inc. 76-0463386 Corporation Delaware Trash Hunters, Inc. 64-0852590 Corporation Mississippi 10/5/2009 2:52:26 PM Page 5 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation TrashCo Inc. 26-1885543 Corporation Delaware Tri-County Sanitary Landfill, L.L.C. 20-0937658 Limited Liability Company Delaware TX Newco, L.L.C. 61-1468715 Limited Liability Company Delaware United Waste Systems Leasing, Inc. 38-3324143 Corporation Michigan United Waste Systems of Gardner, Inc. 04-3320949 Corporation Massachusett USA South Hills Landfill, Inc. 25-1139448 Corporation Pennsylvania USA Valley Facility, Inc. 23-2886199 Corporation Delaware USA Waste Geneva Landfill, Inc. 34-1802751 Corporation Delaware USA Waste Landfill Operations and Transfer, Inc. 76-0435557 Corporation Texas USA Waste of California, Inc. 68-0306154 Corporation Delaware USA Waste of Pennsylvania, LLC 74-2921886 Limited Liability Company Delaware USA Waste of Texas Landfills, Inc. 76-0322548 Corporation Delaware USA Waste of Virginia Landfills, Inc. 58-1932248 Corporation Delaware USA Waste Services of Nevada, Inc. 76-0656629 Corporation Nevada USA Waste Services of NYC, Inc. 11-3301808 Corporation Delaware USA Waste -Management Resources, LLC 13.3853086 Limited Liability Company New York USA-Crinc, L.L.C. 04-3735654 Limited Liability Company Delaware UWS Barre, Inc. 04.3320948 Corporation Massachusett Valley Garbage and Rubbish Company, Inc. 95-2090787 Corporation California VaporLok Technology, LLC Limited Liability Company Delaware Vern's Refuse Service, Inc. 45-0435644 Corporation North Dakota VFB, LLC 22-3842831 Limited Liability Company New Jersey VHG, Inc. UK -0000023 Corporation Minnesota Vickery Environmental, Inc. 31-1153176 Corporation Ohio Vista Landfill, LLC 59-3652174 Limited Liability Company Florida Voyageur Disposal Processing, Inc. 41-1734827 Corporation Minnesota Warner Company 51-0281233 Corporation Delaware Warner Hill Development Company 34-1043478 Corporation Ohio Waste Away Group, Inc. 63.0898842 Corporation Alabama Waste Management Arizona Landfills, Inc. 86.0683003 Corporation Delaware Waste Management Buckeye, L.L.C. 26-0076809 Limited Liability Company Delaware Waste Management Collection and Recycling, Inc. 95-2621587 Corporation California Waste Management Disposal Services of Colorado, Inc. 84-1004487 Corporation Colorado Waste Management Disposal Services of Maine, Inc. 01-0392888 Corporation Maine Waste Management Disposal Services of Maryland, Inc. 36.2898301 Corporation Maryland Waste Management Disposal Services of Massachusetts, Inc. 04-2320990 Corporation Massachusett Waste Management Disposal Services of Oregon, Inc. 36.3548405 Corporation Delaware Waste Management Disposal Services of Pennsylvania, Inc. 23-1655318 Corporation Pennsylvania Waste Management Disposal Services of Virginia, Inc. 36.3791008 Corporation Delaware Waste Management Financing Corporation 36-4200855 Corporation Delaware Waste Management Holdings, Inc. 36.2660763 Corporation Delaware Waste Management Inc. of Florida 59-1094518 Corporation Florida Waste Management Indycoke, L.L.C. 81-0640497 Limited Liability Company Delaware Waste Management International B.V. NA -0000096 Limited Liability Company Netherlands Waste Management International plc NA -0000097 Limited Partnership United Kingdc Waste Management International, Inc. 36-3255004 Corporation Delaware Waste Management International, Ltd. NA -0000099 Limited Liability Company Bermuda Waste Management Municipal Services of California, Inc. 77-0151385 Corporation California Waste Management National Services, Inc. 76-0686861 Corporation Delaware Waste Management New England Environmental Transport, Inc. 04-3509618 Corporation Delaware Waste Management of Alameda County, Inc. 94-0727420 Corporation California Waste Management of Alaska, Inc. 91-1879241 Corporation Delaware 10/5/2009 2:52:26 PM Page 6 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Waste Management of Arizona, Inc. 86-0198265 Corporation California Waste Management of Arkansas, Inc. 04-2814811 Corporation Delaware Waste Management of California, Inc. 95-1735737 Corporation California Waste Management of Canada Corporation NA -0000021 Corporation Ontario Waste Management of Carolinas, Inc. 56-0731307 Corporation North Carolin: Waste Management of Colorado, Inc. 84-0523684 Corporation Colorado Waste Management of Connecticut, Inc. 06-1485581 Corporation Delaware Waste Management of Delaware, Inc. 51-0094505 Corporation Delaware Waste Management of Fairless, L.L.C. 26-3468180 Limited Liability Company Delaware Waste Management of Five Oaks Recycling and Disposal Facility, I 37-1035820 Corporation Delaware Waste Management of Georgia, Inc. 36-3319564 Corporation Georgia Waste Management of Hawaii, Inc. 76-0638599 Corporation Delaware Waste Management of Idaho, Inc. 82-0364976 Corporation Idaho Waste Management of Illinois, Inc. 36-2660859 Corporation Delaware Waste Management of Indiana Holdings One, Inc. 36-4039079 Corporation Delaware Waste Management of Indiana Holdings Two. Inc. 36-4059574 Corporation Delaware Waste Management of Indiana. L.L.C. 36-4071447 Limited Liability Company Delaware Waste Management of Iowa, Inc. 42-0824220 Corporation Iowa Waste Management of Kansas, Inc. 48-0634806 Corporation Kansas Waste Management of Kentucky Holdings, Inc. 36-4059575 Corporation Delaware Waste Management of Kentucky, L.L.C. 36-4035849 Limited Liability Company Delaware Waste Management of Leon County, Inc. 36-3319565 Corporation Florida Waste Management of Londonderry, Inc. 20-5657050 Corporation Delaware Waste Management of Louisiana Holdings One, Inc. 36-4142119 Corporation Delaware Waste Management of Louisiana, L.L.C. 36-4119910 Limited Liability Company Delaware Waste Management of Maine, Inc. 01-0267739 Corporation Maine Waste Management of Maryland, Inc. 5 2-02 504 30 Corporation Maryland Waste Management of Massachusetts, Inc. 04-2535063 Corporation Massachusett Waste Management of Metro Atlanta, Inc. 58-1937966 Corporation Georgia Waste Management of Michigan, Inc. 38-1214786 Corporation Michigan Waste Management of Minnesota, Inc. 36-2698820 Corporation Minnesota Waste Management of Mississippi, Inc. 36-3005295 Corporation Mississippi Waste Management of Missouri. Inc. 43-0992367 Corporation Delaware Waste Management of Montana, Inc. 36-3564773 Corporation Delaware Waste Management of Nebraska, Inc. 36-3469702 Corporation Delaware Waste Management of Nevada, Inc. 88-0394159 Corporation Nevada Waste Management of New Hampshire, Inc. 04-2482447 Corporation Connecticut Waste Management of New Jersey, Inc. 36-3700143 Corporation Delaware Waste Management of New Mexico, Inc. 85-0229020 Corporation New Mexico Waste Management of New York, L.L.C. 36-4206797 Limited Liability Company Delaware Waste Management of North Dakota, Inc. 36-3798294 Corporation Delaware Waste Management of Ohio, Inc. 25.1673264 Corporation Ohio Waste Management of Oklahoma, Inc. 73-0685975 Corporation Oklahoma Waste Management of Oregon, Inc. 93.0612655 Corporation Oregon Waste Management of Pennsylvania Gas Recovery, L.L.C. 20.2926331 Limited Liability Company Delaware Waste Management of Pennsylvania, Inc. 25-1232336 Corporation Pennsylvania Waste Management of Plainfield, L.L.C. 76-0722971 Limited Liability Company Delaware Waste Management of Rhode Island, Inc. 36-3668109 Corporation Delaware Waste Management of South Carolina, Inc. 36-2935124 Corporation South Carolin, Waste Management of South Dakota, Inc. 46.0348394 Corporation South Dakota Waste Management of Texas Holdings, Inc. 43-1976001 Corporation Delaware Waste Management of Texas, Inc. 75-1223528 Corporation Texas 10/5/2009 2:52:26 PM Paee 7 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Waste Management of Tunica Landfill, Inc, 64-0869334 Corporation Mississippi Waste Management of Utah, Inc. 87-0302156 Corporation Utah Waste Management of Virginia, Inc. 25-1578667 Corporation Virginia Waste Management of Washington, Inc. 36-3846342 Corporation Delaware Waste Management of West Virginia, Inc. 36-3553198 Corporation Delaware Waste Management of Wisconsin. Inc. 39-0967466 Corporation Wisconsin Waste Management of Wyoming, Inc. 36-3828554 Corporation Delaware Waste Management Partners, Inc. 36-3220911 Corporation Delaware Waste Management Recycle Asia, L.L.C. 39-1977904 Limited Liability Company Ohio Waste Management Recycling and Disposal Services of California, 95-2370376 Corporation California Waste Management Recycling of New Jersey. L.L.C. 04-3735640 Limited Liability Company Delaware Waste Management Security. L.L.C. 43-1970495 Limited Liability Company Delaware Waste Management Service Center, Inc. 20-4017651 Corporation Delaware Waste Management, Inc. 73-1309529 Corporation Delaware Waste Management, Inc. of Tennessee 36-2935128 Corporation Tennessee Waste Resources of Tennessee, Inc. 54-0838353 Corporation Tennessee Waste Services of Kentucky, L.L.C. 94-3429202 Limited Liability Company Delaware Waste to Energy Holdings, Inc. 76-0652923 Corporation Delaware Waste to Energy I, LLC 02-0519035 Limited Liability Company Delaware Waste to Energy II, LLC 02-0519036 Limited Liability Company Delaware Wastech Inc. 93-0936732 Corporation Nevada WESI Baltimore Inc. 02.0357495 Corporation Delaware WESI Capital Inc. 36-3861933 Corporation Delaware WESI Peekskill Inc. 02.0363274 Corporation Delaware WESI Westchester Inc. 02-0360305 Corporation Delaware Westchester Resco Associates. L.P. 02-0367753 Limited Partnership Delaware Western One Land Corporation 76-0688224 Corporation Delaware Western Waste Industries 95-1946054 Corporation California Western Waste of Texas, L.L.C. 30.0239250 Limited Liability Company Delaware Wheelabralor Baltimore L.L.C. 36-4057301 Limited Liability Company Delaware Wheelabrator Baltimore, L.P. 36-4057307 Limited Partnership Maryland Wheelabrator Bridgeport, L.P. 36-4057309 Limited Partnership Delaware Wheelabrator Cedar Creek Inc. 02-0443870 Corporation Delaware Wheelabralor Chambers Inc. 26-3194113 Corporation Delaware Wheelabrator China Holdings, Limited 23-50847741 Corporation Hong Kong Wheelabrator Claremont Company, L.P, 02-0390003 Limited Partnership Delaware Wheelabrator Claremont Inc. 20.4284300 Corporation Delaware Wheelabrator Concord Company, L.P. 02.0394017 Limited Partnership Delaware Wheelabrator Concord Inc. 02.0393450 Corporation Delaware Wheelabrator Connecticut Inc. 36.3908786 Corporation Delaware Wheelabrator Culm Services Inc. 02-0442574 Corporation Delaware Wheelabrator Environmental Systems Inc. 02-0412779 Corporation Delaware Wheelabrator Falls Inc. 04-3024782 Corporption Delaware Wheelabrator Frackville Energy Company Inc. 02-0393452 Corporation Delaware Wheelabrator Frackville Properties Inc. 04-3100742 Corporation Delaware Wheelabrator Fuel Services Inc. 02-0442576 Corporation Delaware Wheelabrator Gloucester Company, L.P. 02-0396724 Limited Partnership New Jersey Wheelabrator Gloucester Inc. 0 2-03 91 601 Corporation Delaware Wheelabrator Guam Inc. 36-3926262 Corporation Delaware Wheelabrator Hudson Falls L.L.C. 72-1541910 Limited Liability Company Delaware Wheelabrator Lassen Inc. 36-3926261 Corporation Delaware Wheelabrator Lisbon Inc. 61-1167063 Corporation Delaware 10/5/2009 2:52:26 PM Page 8 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Wheelabrator McKay Bay Inc. 36-3240315 Corporation Florida Wheelabrator Millbury Inc. 02-0412788 Corporation Delaware Wheelabrator Netherlands B.V. Corporation Netherlands Wheelabrator New Hampshire Inc. 02-0390002 Corporation Delaware Wheelabrator New Jersey Inc. 02-0391598 Corporation Delaware Wheelabrator NHC Inc. 02-0393448 Corporation Delaware Wheelabrator North Andover Inc. 36-3062971 Corporation Delaware Wheelabrator North Broward Inc. 04-3030218 Corporation Delaware Wheelabrator Norwalk Energy Company Inc. 02-0395269 Corporation Delaware Wheelabrator Penacook Inc. 02-0393449 Corporation Delaware Wheelabrator Pinellas Inc. 36-3110153 Corporation Delaware Wheelabrator Putnam Inc. 36-3908789 Corporation Delaware Wheelabrator Ridge Energy Inc. 36-3820153 Corporation Delaware Wheelabrator Saugus Inc. 1 3-27 409 71 Corporation Delaware Wheelabrator Shasta Energy Company Inc. 02-0395274 Corporation Delaware Wheelabrator Sherman Energy Company, G.P. 02-0390349 General Partnership Maine Wheelabrator Sherman Station L.L.C. 76.0743287 Limited Liability Company Delaware Wheelabrator Sherman Station One Inc. 02-0390312 Corporation Delaware Wheelabrator South Broward Inc. 02-0410154 Corporation Delaware Wheelabrator Spokane Inc. 02-0416522 Corporation Delaware Wheelabrator Technologies Inc. 22-2678047 Corporation Delaware Wheelabrator Technologies International Inc. 36-3965264 Corporation Delaware Wheelabrator Westchester, L.P. 02-0367751 Limited Partnership Delaware White Lake Landfill, Inc. 38-1889893 Corporation Michigan Williams Landfill, L.L.C. 61-1342579 Limited Liability Company Delaware Willow Oak Landfill, LLC 20-1457518 Limited Liability Company Georgia WM Arizona Operations. L.L.C. 32-0112690 Limited Liability Company Delaware WM Asphalt Products. LLC 27-0675171 Limited Liability Company Delaware WM Bagco, LLC 26-4626312 Limited Liability Company Delaware WM Conversion Energy, LLC 26.4040670 Limited Liability Company Delaware WM Emergency Employee Support Fund, Inc. 11.3758170 Not For Profit Corporation Delaware WM Energy Solutions, Inc. 76.0695139 Corporation Delaware WM Green Squad, LLC 26-1694369 Limited Liability Company Delaware WM GreenOps, LLC 26-4194066 Limited Liability Company Delaware WM GTL, Inc. 26.0294424 Corporation Delaware WM GTL, LLC 26.0294528 Limited Liability Company Delaware WM Healthcare Solutions, Inc. 20-3483524 Corporation Delaware WM Illinois Renewable Energy, L.L.C. 45-0512000 Limited Liability Company Delaware WM International Holdings, Inc. 76-0607203 Corporation Delaware WM International Services (UK) Limited NA -0000098 Corporation England WM LampTracker Holdings, Inc. 26-2669572 Corporation Delaware WM LampTracker, Inc. 26-0176250 Corporation Delaware WM Landfills of Ohio, Inc. 31-1509696 Corporation Delaware WM Landfills of Tennessee, Inc. 62-1462526 Corporation Delaware WM Leasing of Arizona, L.L.C. 20-4017719 Limited Liability Company Delaware WM Leasing of Texas, L.P, 20-4017724 Limited Partnership Delaware WM LNG, Inc. 26-2294125 Corporation Delaware WM Middle Tennessee Environmental Center, L.L.C. 26-1946982 Limited Liability Company Delaware WM Mobile Bay Environmental Center, Inc. 76-0638602 Corporation Delaware WM of Texas, L.L.C. 26-0428868 Limited Liability Company Delaware WM Organic Growth, Inc. 20-4677155 Corporation Delaware WM Pack -Rat of California, LLC 26-0380883 Limited Liability Company Delaware 10/5/2009 2:52:26 PM Page 9 • - I , • Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation WM Pack -Rat of Illinois, LLC 26.0524082 Limited Liability Company Delaware WM Pack -Rat of Kentucky, LLC 26-2289448 Limited Liability Company Delaware WM Pack -Rat of Maryland, LLC 26-1411856 Limited Liability Company Delaware WM Pack -Rat of Massachusetts. LLC 26.1411946 Limited Liability Company Delaware WM Pack -Rat of Michigan, LLC 26-2289484 Limited Liability Company Delaware WM Pack -Rat of Nevada, LLC 27-0371504 Limited Liability Company Delaware WM Pack -Rat of Ohio. LLC 26-2289407 Limited Liability Company Delaware WM Pack -Rat of Rhode Island. LLC 26-1855760 Limited Liability Company Delaware WM Pack -Rat, LLC 26-0285281 Limited Liability Company Delaware WM Partnership Holdings, Inc. 36-3974344 Corporation Delaware WM Quebec Inc. NA -0000041 Corporation Canada WM RA Canada Inc. NA -0000172 Corporation Ontario WM Recycle America, L.L.C. 72-1541911 Limited Liability Company Delaware WM Recycle Europe, L.L.C. 20-0570245 Limited Liability Company Delaware WM Renewable Energy, L.L.C. 45-0511978 Limited Liability Company Delaware WM Resource Recovery & Recycling Center, Inc. 26-2289538 Corporation Delaware WM Resources, Inc. 25-1536159 Corporation Pennsylvania WM Safety Services, L.L.C. 20-3887188 Limited Liability Company Delaware WM Security Services, Inc. 20.3714754 Corporation Delaware WM Services SA NA -0000108 Corporation Argentina WM Storage, Inc. 26-0285202 Corporation Delaware WM Texas Pack Rat, LLC 26-1442144 Limited Liability Company Delaware WM Trash Monitor Plus, L.L.C. 26-1436776 Limited Liability Company Delaware WM Universal Waste LampTracker 1, Inc. 26-2669639 Corporation Delaware WM Universal Waste LampTracker 2, Inc. 26-2748613 Corporation Delaware WMI Medical Services of Indiana, Inc. 35-1724992 Corporation Indiana WMI Mexico Holdings, Inc. 36-3912290 Corporation Delaware WMNA Container Recycling, L.L.C. 04-3735649 Limited Liability Company Delaware WMSALSA, Inc. 20-2580150 Not For Profit Corporation Texas WMST Illinois, L.L.C. 94-3423874 Limited Liability Company Illinois WTI Air Pollution Control Inc. 36-4110833 Corporation Delaware WTI Financial L.L.C. 20-0584237 Limited Liability Company Delaware WTI International Holdings Inc. 36-3908839 Corporation Delaware WTI Rust Holdings Inc. 02.0351425 Corporation Delaware WTI UK LTD Corporation United Kingdc 10/5/2009 2:52:26 PM Page 10 January 27, 2010 Re: Waste Management Owners and Contractors Protective Liability Policy Dear Insurance Administrator: Enclosed you will find the OCP Policy for 1/1/2010 through 1/1/2011 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@lockton.com. Thank you; Best Regards, Shala Gallagher, ACSR Account Manager Lockton Companies, LLC LOCKTON COMPANIES, LLC 5847 San Ftlipe, Suite 320/ Houston, TX 77057-3183 71345&5200/ FAX: 7t3-458-5299 W\fu'.lock ton. corn • S ACE USA General Liability Policy - Declarations jY ❑ Bankers Standard Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ❑ Century Indemnity Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ❑ ACE Fire Underwriters Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ® ACE American Insurance Company 436 Walnut Street, PO Box 1000 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701-6083 NAMED INSURED IS BUSINESS OF INSURED POLICY PERIOD Renewal Municipality Government FROM 01/01/2010 ❑ ACE Property and Casualty Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 O 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 POLICY IDENTIFICATION OCP G24938724 OF OCP G23750387 TO 01/01/2011 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN PREMIUM PAYMENT CONDITIONS AUDIT PERIOD Not Auditable PAYMENT FREQUENCY : Annual PAYMENT SCHEDULE : Annual TOTAL ADVANCE PREMIUM: $ Included in 1WO G24938384 PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE. LD-8E00b (8/96) Printed in the U.S.A. POUCY IDENTIFICATION DECLARATIONS • GENERAL LIABILITY POLICY Page 2 ocP 624938724 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: Limits of Insurance Owners and Contractors Protective Liability Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 2,000,000 Deductible Amount (this reduces the Limit of Insurance shown as $ N/A applicable to each "Occurrence") CONTRACTOR INFORMATION 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 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701-6083 LD-2478 (Ed. 3/87) Printed in U.S.A. AA077602 0 DECLARATIONS - GENERAL LIABILITY POLICY Page 3 POLICY IDENTIFICATION OCP G24938724 SCHEDULE OF COVERAGES COVERAGE PART: Location Class Code/ Premium Number Coverage Classification Description Basis Exposure Rate Premium 16291/ 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 1,000 square feet of area O - Other C - Total Cost — per $1,000 of total cost P - Payroll — per $1000 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-2F51a (Ed. 3/87) Printed in U.S.A. AA067271a POLICY IDENTIFICATION DECLARATIONS — GENERAL LIABILITY POLICY Page 4 OCP G24938724 FORMS AND ENDORSEMENTS (Page 1 of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SCHEDULE OF COVERAGE FORMS ALL20887 ACE Producer Compensation Practices & Policies ILP0010104 U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders CG00091207 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor ALL2Y31b Arkansas Notice to Policyholders SCHEDULE OF FORMS AND Endt. No. Form No. Description 1. LD7F23 Absolute Pollution Exclusion 2. LD3R16 Exclusion - Asbestos 3. LD4S35 Exclusion - Lead 4. CG21700108 Cap on Losses From Certified Acts of Terrorism 5. IL09850108 Disclosure Pursuant to Terrorism Risk Insurance Act 6. ALL21101 Trade or Economic Sanctions Endorsement 7. IL00210702 Nuclear Energy Liability Exclusion Endorsement (Broad Form) 8. CG29231101 Arkansas Changes 9. CC1Klle Signatures 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 POLICY NUMBER: OCP G24938724 0 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 G24938724 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 I C POLICY NUMBER: OCP G24938724 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 0 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 II — 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. V. 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 to: used to heat, cool or dehumidify the "Property Y damage' 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 j. Pollution me- 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 • I (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 attorneys' fees 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 E 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 E1 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 0 U 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 0 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 "contractormust 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 U 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 6249387 4 • 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 we fail to provide you with reasonable and adequate service, you should feel free to contact: Arkansas Insurance Department 1200 West Third Street Little Rock, AR 72201 (501) 371-2640 or 800-852-5494 ALL -2Y31 b (11/09) POLICY NUMBER: OCP G24938724 . rENDT. #1 ABSOLUTE POLLUTION EXCLUSION Named Insured City of Fayetteville Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G24938724 01/01/2010 to 01/01/2011 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. rh�ii Lei LD-7F23 (Ed. 3/91) Ptd. In U.S.A. POLICY NUMBER: OCP G24938724 • • ENDT. #2 EXCLUSION - ASBESTOS Named Insured City of Fayetteville Endorsement Number 2 Policy Symbol Policy Number Policy Period Eff. Date of Endorsement OCP G24938724 01/01/2010 to 01/01/2011 Issued By (Name of Insurance Company) ACE American 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 LD-3R16 (Ed. 3/87) Printed in U.S.A. Reprinted in part with permission of Insurance Service Office, Inc., 1985 POLICY NUMBER: OCP 624938724 • • ENDT. #3 EXCLUSION - LEAD Named Insured City o£ Fayetteville Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G24938724 01/01/2010 to 01/01/2011 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. C POLICY NUMBER: OCP G24938724 ENDT. #4 COMMERCIAL GENERAL LIABILITY CG 21 70 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur- ance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- ance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in ac- cordance with procedures established by the Secre- tary of the Treasury. "Certified act of terrorism" means an act that is certi- fied 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 pursuant to the federal Terrorism Risk Insurance Act. The crite- ria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals 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 coer- cion. CG 21 70 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 O POLICY NUMBER: OCP G249380 • ENDT. #5 IL09850108 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. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE um This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(s): Additional information, if any, concerning the terrorism premium: 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 the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. IL 09 85 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 POLICY NUMBER: OCP 624938724 • • ENDT. #6 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number City of Fayetteville 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G24938724 01/01/2010 to 01/01/2011 Issued By (Name of Insurance Company) ACE American Insurance Company be 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. Authorized Agent ALL -21101 (11/06) Printed in U.S.A. Page 1 of 1 POLICY NUMBER: OCP G24938724 ENDT. #7 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 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 0 POLICY NUMBER: OCP G24938724 ENDT. #8 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 Named Insured's and the mailing address known to mailed, proof of mailing will of notice. notices to the first "contractor's" last us. If notice is be sufficient proof Page 2 of 2 © ISO Properties, Inc., 2001 CG 29 23 11 01 O POLICY NUMBER: OCP G24938724 0 • ENDT. #9 SIGNATURES Named Insured Endorsement Number City of Fayetteville 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G24938724 01/01/2010 to 01/01/2011 Issued By (Name of Insurance Company) ACE American Insurance Company is to be completed only when this 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. O. Box 1000, Philadelphia, Pennsylvania 19106-3703 BANKERS STANDARD INSURANCE COMPANY 436 Walnut Street, P. O. 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. O. Box 1000, Philadelphia, Pennsylvania 19106-3703 ACE PROPERTY AND CASUALTY INSURANCE COMPANY 436 Walnut Street, P. O. Box 1000, Philadelphia, Pennsylvania 19106-3703 INSURANCE COMPANY OF NORTH AMERICA 436 Walnut Street, P. O. 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. O. Box 1000, Philadelphia, Pennsylvania 19106-3703 GEORGE O. MULLIGAN, Secretary JOHN J. LUPICA. President WESTCHESTER FIRE INSURANCE COMPANY . 1325 Avenue of the Americas, 19th Floor, New York, NY 10019 GEORGE O. MULLIGAN, Secretary 1 . Y , = V `N+t►.� Authorized Agent CC-1K11e (02/06) Ptd. in U.S.A. 0 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 0 CONTACTING US If you have any questions about this privacy statement or would like to learn more about how we protect privacy, please write to us at ACE INA Customer Services, P.O. Box 1000, 436 Walnut Street, WA04F, 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 Inczi,rance 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 ACORDe L� CERTIFICATAF LIABILITY INSURANCE s. e01 DATE (MM/DDIYYYY) 1/1/2011 12/9/2009 LOCKTON COMPANIES, LLC 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866-260-3538 INSURED WASTE MANAGEMENT HOLDINGS, INC. &ALLAFFILIATED, 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: WASTE MANAGEMENT SPRINGDALE HAULING 1041 ARBOR ACRES AVENUE SPRINGDALE AR 72762 COVERAGES 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. INSURERS AFFORDING COVERAGE NAIC # INSURERA: ACE American Insurance Company 22667 INSURER B: Indemnity Insurance Co of North America 43575 INRURFR r. - ACE Pronertv & Casualty Insurance Co 20699 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 CONTRACT OR 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 ADDI. POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM(DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A COMMERCIAL GENERALLIABILITY CLAIMS MACE X OCCUR 1100DO G24938384 1/1/2010 (/1/2011 X DAMAGE TO RENTED PREMISES A RENTED $ 5,000,000 MED EXP (Anyone person) $ XXXXXXX X PERSONAL B ADV INJURY $ 5,000,000 XCU INCLUDE() X ISO FORM CG 00011207 GENERAL AGGREGATE $ 6,0000O0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 6000000 PRO- POLICV X JECT X LOC A AUTOMOBILE LIABILITY ANY AUTO ISA 1408583742 1/1/2010 1/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X X BODILY INJURY (Per person) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ XXXXXXX HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (Per accident) $ XXXXXXX MCS-90 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EAACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 15,000,000 C OCCUR ICLAIMS MADE XOO G24902456 1/1/2010 1/1/2011 X AGGREGATE $ 15,000,000 $ XXXXXXX UMBRELLA $ XXXXXXX DEDUCTIBLE I FORM $ XXXXXXX RETENTION $ B A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR(PARTNERIEXECUTIVE ❑ OFFICERIMEMRER EXCLUDED? N Ian (Mann. WLR C4570936A (AOS) WI-KL.457D9371 (CA) SCFC45709383 WI ( )E.L. 1/1/2010 1/1/2010 1/1/2010 (/12011 1/1/2011 1/12011 X WC STATU- TORY LIMBS I 0TH - I ER E.L. EACH ACCIDENT 3000000 f r , DISEASE- EA EMPLOYEE S 3,000,000 rNN) ndaattoor II SPECIAL PROVISIONS tabs E.L. DISEASE - POLICY LIMIT $ 3,000,000 A OTHER XTR 1108583754 1/12010 (/12011 COMBINED SINGLE LIMIT EXCESS AUTO $9,000,000 LIABILITY (EACH ACCIDENT) DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/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 CER'1'IFICA'I'E HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERT'IFICAT'E HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED 13Y WRI17EN CONTRACT. CERTIFICATE HOLDER CANCELLATION 3440520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 125 WEST MOUNTAIN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FAYETTEVILLE AR 72701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV 1 ACORD 25(2009/01) O 1988-2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD w For Questions noardlno this [ennlctte, contact has number bs ea In tt.. Prd&acet section faove and sn.cIN the clan code'ARSPRIat'. 0 Conwwra4uiEiiraffih1risyiInTsmiaiwe.ffoitcj 0 • • (Attach Declarations and Endorsements Here) rj • > , �►, 02a4/ a09 January 7, 2011 Re: Waste Management Owners and Contractors Protective Liability Policy Dear Insurance Administrator: Enclosed you will find the OCP Policy for 1/1/2011 through 1/1/2012 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 sgallagherC�lockton.com. Thank you. Best Regards, Shala Gallagher, ACSR Account Manager Lockton Companies, LLC I LOCKTON COMPANIES, LLC 5847 Sun Felipe, Suite 320/ Houston, TX 77057.3183 7134586200 / FAX: 7134585299 uuuclock ton .coa, • ACE USA General Liability Policy - Declarations 1Y ❑ Bankers Standard Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ❑ Century Indemnity Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ❑ ACE Fire Underwriters Insurance Company 436 Walnut Street, PO Box 1000 Philadelphia, Pennsylvania 19106-3703 ® ACE American Insurance Company 436 Walnut Street, PO Box 1000 NAMED INSURED AND ADDRESS City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701-6083 NAMED INSURED IS : Municipality ❑ 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 POLICY IDENTIFICATION OCP G25522229 OF OCP G24938724 BUSINESS OF INSURED : Government POLICY PERIOD : FROM 01/01/2011 TO 01/01/2012 TIME AT YOUR MAILING ADDRESS SHOWN PREMIUM PAYMENT CONDITIONS AUDIT PERIOD Not Auditable PAYMENT FREQUENCY : Annual PAYMENT SCHEDULE Annual TOTAL ADVANCE PREMIUM: $ Included in LIDO G25524937 PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE. LD-8E00b (8/96) Printed in the U.S.A. VOUCY IDENTIFICATION DECLARATIONS - GENERAL LIABILITY POLICY Page 2 OCP O25522229 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: Limits of Insurance Owners and Contractors Protective Liability Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 2,000,000 Deductible Amount (this reduces the Limit of Insurance shown as $ N/A applicable to each "Occurrence") CONTRACTOR INFORMATION 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 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701-6083 LD-2478 (Ed. 3/87) Printed in U.S.A. AA077602 F C DECLARATIONS - GENERAL LIABILITY POLICY Page 3 POLICY IDENTIFICATION OCP G25522229 SCHEDULE OF COVERAGES COVERAGE PART: Location Class Code/ Premium Number Coverage Classification Description Basis Exposure Rate Premium 16291/ 001 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 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-2F51a (Ed. 3/87) Printed in U.S.A. AA067271a POLICY IDENTIFICATION DECLARATIONS — GENERAL LIABILITY POLICY Page 4 OCP G25522229 FORMS AND ENDORSEMENTS (Page 1 of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SCHEDULE OF COVERAGE ALL20887 ACE Producer Compensation Practices & Policies ILP0010104 U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders CG00091207 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor ALL2Y31b Arkansas Notice to Policyholders SCHEDULE OF FORMS AND Endt. No. Form No. Description 1. LD3R16 Exclusion - Asbestos 2. L07F23 Absolute Pollution Exclusion 3. LD4S35 Exclusion - Lead 4. CG21700108 Cap on Losses From Certified Acts of Terrorism 5. IL09850108 Disclosure Pursuant to Terrorism Risk Insurance Act 6. ALL21101 Trade or Economic Sanctions Endorsement 7. IL00210702 Nuclear Energy Liability Exclusion Endorsement (Broad Form) 8. CG29231101 Arkansas Changes 9. CC1K11f Signatures This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes this policy. COUNTERSIGNED AT: AUTHORIZED AGEN NI& 4" DATE: LD-2A48a (Ed. 3/87) Printed in U.S.A. AA 067266a r POLICY NUMBER: OCP G25522229 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.aceproducercomi)ensation.com or by calling the following toll -free telephone number: 1-866-512-2862. ALL -20887 (10/06) S • POLICY NUMBER: OCR G25522229 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 C POLICY NUMBER: OCP G25522229 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 1I — 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 II — 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 • 0 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 on which any insured or any contractors actual or expected attack, by any govern- or subcontractors working directly or in- ment, sovereign or other authority using military personnel or other agents; or directly on any insureds 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 j. Pollution me- 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: 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 1. 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 attorneys' fees 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. (1) A defect, deficiency, inadequacy or danger- g. All interest on the full amount of any judgment ous condition in "work" performed for you that accrues after entry of the judgment and by the "contractor"; or before we have paid, offered to pay, or depos- (2) A delay or failure by you or anyone acting ited in court the part of the judgment that is on your behalf to perform a contract or within the applicable limit of insurance. agreement in accordance with its terms. Page 4 of 9 © ISO Properties, Inc., 2006 CG 00 09 12 07 O I 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 El I 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 b. Vehicles maintained for use solely on or next to 11."Occurrence" means an accident, including con - premises you own or rent; tinuous or repeated exposure to substantially the c. Vehicles that travel on crawler treads; same general harmful conditions. d. Vehicles, whether self-propelled or not, main- 12."Pollutants" mean any solid, liquid, gaseous or tained primarily to provide mobility to perma- thermal irritant or contaminant, including smoke, nently mounted: vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, (1) Power cranes, shovels, loaders, diggers or reconditioned or reclaimed. drills; or 13."Property damage" means: (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; a. Physical injury to tangible property, including all resulting loss of use of that property. All e. Vehicles not described in Paragraph a., b., C. such loss of use shall be deemed to occur at or d. above that are not self-propelled and are the time of the physical injury that caused it; or maintained primarily to provide mobility to per- manently attached equipment of the following b. Loss of use of tangible property that is not types: physically injured. All such loss of use shall be deemed to occur at the time of the "occur - (1) Air compressors, pumps and generators, rence" that caused it. including spraying, welding, building clean- ing, geophysical exploration, lighting and For the purposes of this insurance, electronic data well servicing equipment; or is not tangible property. (2) Cherry pickers and similar devices used to As used in this definition, electronic data means raise or lower workers; information, facts or programs stored as or on, created or used on, or transmitted to or from, f. Vehicles not described in Paragraph a., b., C. computer software, including systems and applica- or d. above maintained primarily for purposes tions software, hard or floppy disks, CD-ROMS, other than the transportation of persons or tapes, drives, cells, data processing devices or cargo. any other media which are used with electronically However, self-propelled vehicles with the fol- controlled equipment. lowing types of permanently attached equip- 14."Suit" means a civil proceeding, brought in the ment are not "mobile equipment" but will be United States of America (including its territories considered "autos": and possessions), Puerto Rico or Canada, in (1) Equipment designed primarily for: which damages because of "bodily injury" or (a) Snow removal; "property damage" to which this insurance applies are alleged. "Suit" includes: (b) Road maintenance, but not construction or resurfacing; or a. An arbitration proceeding in which such dam - ages are claimed and to which the insured (c) Street cleaning; must submit or does submit with our consent; (2) Cherry pickers and similar devices mounted or on automobile or truck chassis and used to b. Any other alternative dispute resolution pro - raise or lower workers; and ceeding in which such damages are claimed (3) Air, compressors, pumps and generators, and to which the insured submits with our con - including spraying, welding, building clean- sent. ing, geophysical exploration, lighting and 15."Temporary worker" means a person who is fur - well servicing equipment. nished to you to substitute for a permanent "em - However, "mobile equipment" does not include ployee" on leave or to meet seasonal or short-term land vehicles that are subject to a compulsory or workload conditions. financial responsibility law or other motor vehicle 16."Work" includes materials, parts or equipment insurance law in the state where it is licensed or furnished in connection with the operations. principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". CG 00 09 12 07 © ISO Properties, Inc., 2006 Page 9 of 9 O S POLICY NUMBER: OCP G25522229 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 we fail to provide you with reasonable and adequate service, you should feel free to contact: Arkansas Insurance Department 1200 West Third Street Little Rock, AR 72201 (501) 371-2640 or 800-852-5494 ALL-2Y31b (11/09) POLICY NUMBER: OCP G25522229� • ENDT. #1 EXCLUSION - ASBESTOS Named Insured City of Fayetteville Endorsement Number 1 Policy Symbol Policy Number Policy Period Eff. Date of Endorsement OCP G25522229 01/01/2011 to 01/01/2012 Issued By (Name of Insurance Company) ACE American 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. LD-3R16 (Ed. 3/87) Printed in U.S.A. Reprinted in part with permission of Insurance Service Office, Inc., 1985 POLICY NUMBER: OCP 625522229• • ENDT. #2 ABSOLUTE POLLUTION EXCLUSION Named Insured City of Fayetteville Endorsement Number 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G25522229 01/01/2011 to 01/01/2012 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 625522220 • ENDT. #3 EXCLUSION - LEAD Named Insured City of Fayetteville Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G25522229 01/01/2011 to 01/01/2012 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. LO -4S35 (Ed. 6/92) Ptd. In U.S.A. POLICY NUMBER: OCP G25522229 ENDT. #4 COMMERCIAL GENERAL LIABILITY CG 2170 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur- ance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- ance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in ac- cordance with procedures established by the Secre- tary of the Treasury. "Certified act of terrorism" means an act that is certi- fied 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 pursuant to the federal Terrorism Risk Insurance Act. The crite- ria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals 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 coer- cion. CG 21 70 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 O POLICY NUMBER: OCP G25`9 • ENDT. #5 IL09850108 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. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Acts) This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(s): Additional information, if any, concerning the terrorism premium: will be shown in the 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 the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. IL 09 85 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 POLICY NUMBER: OCP G25522229 • • ENDT. #6 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number City of Fayetteville 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G25522229 01/01/2011 to 01/01/2012 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. Agent ALL -21101 (11/06) Printed in U.S.A. Page 1 of 1 POLICY NUMBER: OCP 625522229 ENDT. #7 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 07 02 © ISO Properties, Inc., 2001 Page 1 of 2 O 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 625522229 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 B. The following is added to the Cancellation Condi- replaced by the following: tion (Section IV): e. (1) If this policy is cancelled, we will send the g. Cancellation of Policies in Effect More Than "contractor" any premium refund due. 60 Days. (2) We will refund the pro rata unearned pre- (1) If this policy has been in effect more than 60 mium if the policy is: days or is a renewal policy, we may cancel (a) Cancelled by us or at our request; only for one or more of the following rea- sons: (b) Cancelled but rewritten with us or in our company group; (a) Nonpayment of premium; (c) Cancelled because you no longer have (b) Fraud or material misrepresentation an insurable interest in the property or made by you or with your knowledge in business operation that is the subject of obtaining the policy, continuing the policy this insurance; or or in presenting a claim under the policy; (d) Cancelled after the first year of a prepaid (c) The occurrence of a material change in policy that was written for a term of more the risk which substantially increases than one year. any hazard insured against after policy issuance; (3) If the policy is cancelled at the request of the first Named Insured or the "contractor", (d) Violation of any local fire, health, safety, other than a cancellation described in (2) building or construction regulation or or - (b), (c) or (d) above, we will refund 90% of dinance with respect to any insured the pro rata unearned premium. However, property or its occupancy which substan- the refund will be less than 90% of the pro tially increases any hazard insured rata unearned premium if the refund of such against under the policy; amount would reduce the premium retained (e) Nonpayment of membership dues in by us to an amount less than the minimum those cases where our by-laws, agree - premium for this policy. ments or other legal instruments require (4) The cancellation will be effective even if we payment as a condition of the issuance have not made or offered a refund. and maintenance of the policy; or (5) If the first Named Insured or the "contractor" (f) A material violation of a material provi- cancels this policy, we will retain the mini- sion of the policy. mum premium shown in the Schedule. CG 29 23 11 01 © ISO Properties, Inc., 2001 Page 1 of 2 O • (2) If we cancel for nonpayment of premium, D. we will mail or deliver written notice of can- cellation, stating the reason for cancellation, to the first Named Insured and the "contrac- torat 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. The following Condition is added and supersedes any other provision to the contrary: NONRENEWAL 1. 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 G255222 • ENDT. #9 SIGNATURES Named Insured Endorsement Number City of Fayetteville 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G25522229 01/01/2011 to 01/01/2012 Issued By (Name of Insurance Company) ACE American Insurance Company 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 (A stock company) BANKERS STANDARD FIRE AND MARINE COMPANY (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company) ACE AMERICAN INSURANCE COMPANY (A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 1133 Avenue of the Americas, New York, NY 10036 CARMINE A. GIGANTI, Secretary JOHN J. LUPICA, President Authorized Representative CC-1K11f (07/10) Ptd. in U.S.A. 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 privacy, please write to us at ACE INA Customer Services, P.O. Box 1000, 436 Walnut Street, WA04F, 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 • (Attach Coverage Part Here) 6 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-3H2lb ., aay-oa Aon Risk Services Southwest, Inc. 5555 San Felipe, Suite 1500. Houston. TX 77056-3089 Memorandum DATE: September 7, 2011 TO: Wayne Rathbun Waste Management of Arkansas, Inc. 979 Arbor Acres Road Springdale, AR 72762 FROM: Nancy Thomas, Aon Risk Services Southwest, Inc. RE: City of Fayetteville — Bond #8206 49 20 Solid Waste Transfer and Disposal Contract Wayne, Enclosed please find the Continuation Certificate for the captioned bond extending the bond term to 11/30/12. As always, please feel free to call me at (832) 476-6767 if you have any questions or if I can be of further assistance. Thank you, attachment CHUBB GROUP OF INSURANCE COMPANIES 1330 POST OAK ROAD CHUBB SURETY SUITE 2400 EXTENSION CERTIFICATE CMu66 HOUSTON, TEXAS 77056 EXTENSION CERTIFICATE TO BE FILED WITH THE OBLIGEE TO BE ATTACHED TO AND FORM A PART OF 8206-49-20 EXECUTED BY FEDERAL INSURANCE COMPANY AS SURETY. PRINCIPAL: WASTE MANAGEMENT OF ARKANSAS, INC. OBLIGEE: CITY OF FAYETTEVILLE DESCRIPTION: SOLID WASTE TRANSFER AND DISPOSAL CONTRACT IN THE SUM OF: $438,750.00 BOND DATED 11/11/09 SAID PRINCIPAL AND SAID SURETY HEREBY AGREE THAT THE TERM OF SAID BOND IS EXTENDED FROM THE FIRST DAY OF DECEMBER ,2011 TO THE THIRTIETH DAY OF NOVEMBER ,2012, SUBJECT TO ALL OTHER PROVISIONS, CONDITIONS AND LIMITATIONS OF SAID BOND, UPON THE EXPRESS CONDITION THAT SURETY'S LIABILITY DURING THE ORIGINAL TERM OF SAID BOND AND DURING ANY EXTENDED TERM SHALL NOT BE CUMULATIVE AND SHALL IN NO EVENT EXCEED THE SUM OF $438,750.00 IN WITNESS WHEREOF, THE SAID PRINCIPAL AND SAID SURETY HAVE SIGNED THIS CERTIFICATE THIS 7th DAY OF September , 2011 WASTE MANAGEMENT OF ARKANSAS, INC. PRODUCER 19406 FEDERA INSURANCE COMPANY A ORNEY IN FACT ancy A. Thoams Form 15-10-0294 PRINTED IN U.S.A. Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 cruse Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Margaret Bubolu, U. Theresa Gardner, Michael J. Herrod, Wendy W. Stuckey, Nancy A. Thomas, Lupe Tyler and Lisa A. Ward of Houston Texas each as their true and lawful Attorney- ki- Fact to execute under such designation in their names and to affix Nab corporate seals to and deliver for and on their behalf as surety thmeon or otherwise. bonds and undertakings and other wrlWgs obligatory In the nature thereto (other than bell bonds) given or executed In the course of business: and any Instruments amending or altering the same, and consents to the modification a alteration of any instrument mimed to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC. INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 6th day of May, 2010. nneth C. endel. AS^,151anI rotary Oevk�gA onlA Jr.. Vice Preside STATE OF NEW JERSEY /"/ CourrtydSomertxa coot .6th day d May, 2010 betas me, a Notary Punic of New Jersey, personaty came Kenneth C. Wendel to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duy svamn. did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNRY COMPANY and knows the corporate seals thereto, that the $eals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like audrony,-and that he k acquainted with David D. Noses, Jr., and knows him to ba Vke President of said Companies; and that the signature olDavid B. Norris, Jr., subsamed to said Power of Attorney isin the genuine handwriting of David B. Nails, Jr., and was.Urereto subscribed by authority of said By- laws and In deponent's presence. Notate Seto KATHERINE I. ADELAAR NOTARY PUBLIC OF NEW JERSEY %*Pve Nn 2316685 ����"�� Commission ExprroA July 1 p, ROIA 4c,4ernz ��[[ NotaryPunk CERTIFICATION Excess from the By- Laws of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'Ali powers of attorney for and on behalf of the Company may and sha l be executed In the. name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, piney with the Secretary or an Assistant Secetary,'under their respective designations: The signature of such officers may be engraved, printed or lithographed. The signature of each of the following offcora Chairman, President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facskmle to any power of attorney or to any certificate relating thereto appointing Assistant Seaetades or Aaormrys- In- Fact for purposes only of oxecuWg and attosdng bonds end undertakings end other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature a facsimile noel shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shag be valid and binding upon the Company with respect to any bond or underfatdng to which It Is attached.' 1 Kenneth C. Wendel Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACWC INDEMNITY COMPANY (the 'Compenief) do hereby tartly that () the foregoing extract of the By- Laws of the Companies is true and correct, (g) the Companies are duly licensed and authorlxed to transact surety business hi all 50 of the United States of America and the Dkbiad Columbia and are authonmd by the U.S. Troaary Depanmal further, Federal and Vigilant are licensed In Puento Rico and the U.S. Virgin islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (g) the foregoing g Power of Attorney Is true, correct and in hA force and efed. Given under my handandseats of and Companies at Warren,NJthls 7th day of September, 2011. p,�n uirwer. y Yl� �-�}yprVr• a ui3 v -•-O�� J/I IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THISBOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS USTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10-02258-U (Ed. 5.03) CONSENT POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A attached hereto (individually, the "Corporation"), has constituted and appointed and does hereby constitute and appoint Michael J. Herrod, Wendy W. Stuckey, Lupe Tyler, Nancy Thomas and Jennifer S. Copeland of Aon Risk Services Southwest, Inc., each its true and lawful Attorney -in -fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town,. Villag;or any other body or organlniflon, public or privalt. 2. Bonds on behalf of contractors in connection with bids, proposals or contracts. The foregoing powers granted by the Corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF, the Corporation has caused these presents to be signed by its Vice President, Finance and Treasurer, and its corporate seal to be hereto affixed this 7ch day of September , 2011. Witness: Waste Management, Inc. hX'I! e C. Rice Vice President, Finance end Treasurer Revised 12116/09 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation 0842463 B.C. Ltd. Corporation British Columl 1 -800 -Pack -Rat, LLC 20-2107163 Limited Liability Company Delaware 1329409 Ontario Inc. NA -0000001 Corporation Ontario 2M Investments, L.L.C. 87-0681820 Limited Liability Company Utah 3368084 Canada Inc. NA -0000003 Corporation Canada 635952 Ontario Inc. NA -0000005 Corporation Ontario Acaverde S.A. de C.V. NA -0000010 Corporation Mexico Acaverde Servicios, S.A. de C.V. NA -0000011 Corporation Mexico Advanced Environmental Technical Services, L.L.C. 36-4016575 Limited Liability Company Delaware Agilyx Corporation Corporation Washington Agnion Energy Inc. Corporation Delaware Akron Regional Landfill, Inc. 31-1595650 Corporation Delaware Alabama Waste Disposal Solutions, L.LC. 76-0641853 Limited Liability Company Alabama Alliance Sanitary Landfill, Inc. 23-2383025 Corporation Pennsylvania Alpharetta Transfer Station, LLC 20-1457486 Limited Liability Company Georgia American Landfill, Inc. 34.1355783 Corporation Ohio Anderson Landfill, Inc. 76-0590137 Corporation Delaware Antelope Valley Recycling and Disposal Facility, Inc. 95-3344381 Corporation California Arden Landfill, Inc. 25-1249512 Corporation Pennsylvania Atlantic Waste Disposal, Inc. 36-3852536 Corporation Delaware Automated Salvage Transport Co., L.L.C. 04-3735644 Limbed Liability Company Delaware Auxiwaste Services SA NA -0000013 Corporation France Avalon South, LLC 26-3549579 Limited Liability Company Delaware Avalon Southwest, Inc. 26-2817237 Corporation Delaware Azusa Land Reclamation, Inc. 95-2908438 Corporation California B&B Landfill, Inc. 20-1469925 Corporation Delaware Barre Landfill Gas Associates, L.P. 06-1438474 Limited Partnership Delaware Beecher Development Company 36-3381285 Joint Venture Illinois Bestan Inc. NA -0000017 Corporation Quebec Big Belly Solar, Inc. 33-1056366 Corporation Delaware Big Dipper Enterprises, Inc. 45-0325454 Corporation North Dakota Bluegrass Containment, L.L.C. 76-0641298 Limited Liability Company Delaware Burnsville Sanitary Landfill, Inc. 41-1882463 Corporation Minnesota CA Newco, L.L.C. 35-2228276 Limited Liability Company Delaware Cal Sierra Disposal 94-2349727 Corporation California California Asbestos Monofill, Inc. 68-0232434 Corporation California Canadian Waste Services Holdings Inc. NA -0000020 Corporation Ontario Capital Sanitation Company 88-0121888 Corporation Nevada Capitol Disposal, Inc. 76-0638591 Corporation Alaska Carolina Grading, Inc. 57-0923608 Corporation South Carotin: Cedar Ridge Landfill, Inc. 62-1727570 Corporation Delaware Central Disposal Systems, Inc. 42-0995450 Corporation Iowa Chadwick Road Landfill, Inc. 58-1798581 Corporation Georgia Chambers Clearview Environmental Landfill, Inc. 25-1652556 Corporation Mississippi Chambers Development Company, Inc. 25-1214958 Corporation Delaware Chambers Development of Ohio. Inc. 51-0396835 Corporation Ohio Chambers of Georgia. Inc. 58-2397639 Corporation Delaware Chambers of Mississippi. Inc. 25-1628285 Corporation Mississippi Chemical Waste Management of Indiana. L.L.C. 36-4067587 Limited Liability Company Delaware Chemical Waste Management of the Northwest. Inc. 91-1089393 Corporation Washington Chemical Waste Management. Inc. 36-2989152 Corporation Delaware Chesser Island Road Landfill, Inc. 58-2364490 Corporation Georgia 8/31/20118:51:38 AM Page 1 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation City Environmental Services, Inc. of Waters 38-3020069 Corporation Michigan City Environmental, Inc. 38-3407576 Corporation Delaware Cleburne Landfill Company Corp. 59-3069374 Corporation Alabama Coast Waste Management, Inc. 95-2557952 Corporation California Connecticut Valley Sanitary Waste Disposal, Inc. 04-2796580 Corporation Massachusett Conservation Services, Inc. 84-0915035 Corporation Colorado Continental Waste Industries Arizona. Inc. 22-3146904 Corporation New Jersey Corporate Housing Initiatives 11 Limited Partnership 52-1854657 Limited Partnership Delaware Coshocton Landfill, Inc. 31-1214800 Corporation Ohio Cougar Landfill, Inc. 76-0211843 Corporation Texas Countryside Landfill, Inc. 36-2838336 Corporation Illinois CR Group, LLC 87-0629120 Limited Liability Company Utah Cuyahoga Landfill, Inc. 76-0680495 Corporation Delaware CWM Chemical Services, L.L.C. 36-4203347 Limited Liability Company Delaware Dafter Sanitary Landfill, Inc. 38-2754804 Corporation Michigan Dauphin Meadows, Inc. 23-2390183 Corporation Pennsylvania Deep Valley Landfill, Inc. 23-2886200 Corporation Delaware Deer Track Park Landfill, Inc. 39-1802678 Corporation Delaware Del Almo Landfill. L.L.C. 74-3055347 Limited Liability Company Delaware Delaware Recyclable Products, Inc. 51-0334417 Corporation Delaware Dickinson Landfill, Inc. 76-0325384 Corporation Delaware Disposal Service, Incorporated 55-0618479 Corporation West Virginia Doctor Bramblett Road, LLC 38-3699621 Limited Liability Company Georgia Dominium Opportunity Fund, A California Limited Partnership 95-4507794 Limited Partnership California Downtown Diversion Inc. 80-0069661 Corporation California oriveGreen, LLC Limited Liability Company Delaware E.C. Waste, Inc. 66-0523535 Corporation Puerto Rico Earth Cycle Planning, Inc. Corporation Ontario Earthmovers Landfill, L.L.C. 61-1342591 Limited Liability Company Delaware East Liverpool Landfill, Inc. 34-1637446 Corporation Ohio Eastern One Land Corporation 76-0695122 Corporation Delaware Eco-Vista, LLC 72-1541909 Limited Liability Company Arkansas eCycling Services. L.L.C. 38-3684879 Limited Liability Company Delaware El Coqul Landfill Company, Inc. 66-0555785 Corporation Puerto Rico El Coqui Waste Disposal, Inc. 76-0480500 Corporation Delaware ELDA Landfill, Inc. 76-0639272 Corporation Delaware Elk River Landfill, Inc. 41-1283941 Corporation Minnesota Enerkem, Inc. Corporation Quebec Envirofil of Illinois, Inc. 37-0957555 Corporation Illinois Evergreen Landfill, Inc. 76-0472693 Corporation Delaware Evergreen National Indemnity Company UK -0000142 Corporation Ohio Evergreen Recycling and Disposal Facility, Inc. 76-0638587 Corporation Delaware Feather River Disposal, Inc. 06-1479349 Corporation California G.I. Industries 87-0430285 Corporation Utah GA Landfills, Inc. 58-2293782 Corporation Delaware Gallia Landfill, Inc. 31-1509605 Corporation Delaware Garick, LLC 26-4094112 Limited Liability Company Delaware Garnet of Maryland, Inc. 52-1916417 Corporation Maryland Gartran, LL.C. 55-0908146 Limited Liability Company Ohio Gateway Transfer Station, LLC 20-1457460 Limited Liability Company Georgia Genomatica, Inc. Corporation Delaware Georgia Waste Systems, Inc. 58-1028526 Corporation Georgia 8/31/20118:51:38 AM Page 2 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Gestlon Des Rebuts D.M.P. Inc. NA -0000033 Corporation Quebec Giordano Recycling, L.L.C. 20-2098765 Limited Liability Company Delaware Glades Landfill, LLC 73-1630187 Limited Liability Company Florida Glen's Sanitary Landfill, Inc. 38-2065407 Corporation Michigan Grand Central Sanitary Landfill, Inc. 23-2049337 Corporation Pennsylvania Greenbow, LLC 05-0605713 Limited Liability Company Alabama Greenleaf Compaction, Inc. 86-0668806 Corporation Arizona Grupo WMX, S.A. De C.V. NA -0000039 Corporation Mexico Guadalupe Mines Mutual Water Company 77-0398278 Not For Profit Corporation California Guadalupe Rubbish Disposal Co., Inc. 95-2746842 Corporation California Guam Resource Recovery Partners, L.P. 36-4149976 Limited Partnership Delaware Ham Lake Haulers, Inc. 41-1704537 Corporation Minnesota Harris Sanitation, Inc. 59-1219741 Corporation Florida Harvest Power. Inc. Corporation Delaware Harwood Landfill, Inc. 52-1637402 Corporation Maryland Hedco Landfill Limited NA -0000040 Corporation England High Mountain Fuels LLC 26-2268599 Umited Liability Company Delaware Hillsboro Landfill Inc. 93-0760239 Corporation Oregon Holyoke Sanitary Landfill, Inc. 04-2481863 Corporation Massachusett IN Landfills. L.L.C. 61-1342588 Umhed Liability Company Delaware International Environmental Management Inc. 58-2016302 Corporation Georgia Jahner Sanitation, Inc. 45-0410330 Corporation North Dakota Jay County Landfill, L.L.C. 61-1342592 Limited Liability Company Delaware JFS (UK) Limited NA -0000044 Corporation England K and W Landfill Inc. 38-2504167 Corporation Michigan Keene Road Landfill, Inc. 59-2044226 Corporation Florida Kelly Run Sanitation, Inc. 25-1696669 Corporation Pennsylvania Key Disposal Ltd. NA -0000045 Corporation British Columl KeyCorp Investment Limited Partnership 34-1783428 Limited Partnership Ohio King George Landfill Properties, LLC 27.0747734 Limited Liability Company Virginia King George Landfill, Inc. 54-1632805 Corporation Virginia La Quinta Medical/Commercial Plaza, Ltd. 95-4357859 Limited Partnership California Lakeville Recycling, L.P. 36-3730138 Limited Partnership Delaware Land Reclamation Company, Inc. 36-3640284 Corporation Delaware Land South Holdings, LLC 20-5908782 Limited Liability Company Delaware Landfill Services of Charleston, Inc. 55-0731302 Corporation West Virginia Laurel Highlands Landfill. Inc. 25-1640583 Corporation Pennsylvania LCS Services, Inc. 55-0673745 Corporation West Virginia Liberty Landfill, L.L.C. 61-1342590 Limited Liability Company Delaware Liberty Lane West Owners' Association 36.4163829 Not For Profit Corporation New Hampshi Liquid Waste Management Inc. 95-2779930 Corporation California Longleaf C&D Disposal Facility, Inc. 59-3598129 Corporation Florida Longmont Landfill, L.L.C. 36-4551803 Limited Liability Company Delaware Looney Bins, Inc. 95-4704325 Corporation California M.S.T.S., Inc. 36-3542321 Corporation Delaware Mahoning Landfill, Inc. 34-1047662 Corporation Ohio Mass Gravel Inc. 04-3117495 Corporation Massachusett Mc Ginnes Industrial Maintenance Corporation 74-1532790 Corporation Texas McDaniel Landfill, Inc. 45-0399545 Corporation North Dakota McGill Landfill, Inc. 38-3076718 Corporation Michigan Meadowfill Landfill, Inc. 31-1509701 Corporation Delaware Michigan Environs, Inc. 38.2434760 Corporation Michigan 8/31/2011 8:51:38 AM Page 3 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation MIcroGREEN Polymers, Inc. Corporation Washington Midwest One Land Corporation 20-0606093 Corporation Delaware Minneapolis Refuse, Incorporated 41-0972178 Corporation Minnesota Modem -Mallard Energy, LLC 57-1161216 Limited Liability Company Delaware Modesto Garbage Co., Inc. 94.1643145 Corporation California Moor Refuse. Inc. 33-0622768 Corporation California Mountain High Medical Disposal Services, Inc. 20-2500293 Corporation Utah Mountain Indemnity Insurance Company 03-0328445 Corporation Vermont Mountainview Landfill, Inc. (MD) 25-1538716 Corporation Maryland Mountainview Landfill, Inc. (UT) 76-0548746 Corporation Utah Nassau Landfill, L.L.C. 37-1487482 Limited Liability Company Delaware National Guaranty Insurance Company of Vermont 36-3643755 Corporation Vermont New England CR L.L.C. 04-3735642 Limited Liability Company Delaware New Milford Connecticut Farms, LLC 20-5485974 Limited Liability Company Delaware New Milford Landfill, L.LC. 76-0641312 Limited Liability Company Delaware New Orleans Landfill, L.L.C. 38-3699690 Limited Liability Company Delaware NHM Energy Recovery Corporation 02-0390004 Corporation New Hampshl North Manatee Recycling and Disposal Facility, L.L.C. 26-0283104 Limited Liability Company Florida Northwestern Landfill. Inc. 52-2023458 Corporation Delaware Nu -Way Live Oak Reclamation, Inc. 68-0236308 Corporation Delaware Oakleaf Global Holdings, Inc. 20-5028389 Corporation Delaware Oakleaf Waste Management Ltd. Corporation Canada Oakleaf Waste Management, Inc.. 51-0455625 Corporation Delaware Oakleaf Waste Management, LLC 06-1429625 Limited Liability Company Connecticut Oakridge Landfill, Inc. 25-1547187 Corporation South Carolin: Oakwood Landfill, Inc. 57-0974474 Corporation South Carolin: OGH Acquisition Corporation Corporation Delaware Okeechobee Landfill, Inc. 25-1628636 Corporation Florida Ozark Ridge Landfill, Inc. 71-0692520 Corporation Arkansas P & R Environmental Industries, L.L.C. 04-3735653 Limited Liability Company North Carolint Pacific Waste Management L.L.C. 98-0227312 Limited Liability Company Delaware Palmetto Seed Capital Fund 57.0889130 Trust South Carolin: Palo Alto Sanitation Company 94-1075868 Corporation California Peppy, Inc. 52-1561430 Corporation Maryland Peitz H.C., LLC UK -0000100 Limited Liability Company Wisconsin Pen -Rob, Inc. 86-0504613 Corporation Arizona Peninsula Compost Company, LLC 68-0646332 Limited Liability Company Delaware Penuelas Valley Landfill, Inc. 66-0560251 Corporation Puerto Rico People's Landfill, Inc. 38-3406998 Corporation Delaware Peterson Demolition, Inc. 41-1625867 Corporation Minnesota Phoenix Resources, Inc. 23-2483102 Corporation Pennsylvania Pine Grove Landfill, Inc. (PA) 23-2388139 Corporation Pennsylvania Pine Tree Acres, Inc. 38-2544258 Corporation Michigan PPP Corporation 23-2146479 Corporation Delaware Pro -Vigil, Inc. 20-5569163 Corporation Texas ProCentury Corporation UK -0000026 Corporation Ohio Pulaski Grading, L.L.C. 76-0638043 Limited Liability Company Delaware Quail Hollow Landfill, Inc. 62-1727567 Corporation Delaware Qualanex, LLC Limited Liability Company Delaware Questquill Limited 98-0221631 Corporation United Kingdo R & B Landfill, Inc. 25-1754371 Corporation Georgia RAA Colorado. L.L.C. 20-2587942 Limited Liability Company Colorado 8/31/20118:51:38 AM Page 4 0 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation RAA Trucking, LLC 39-2040612 Limited Liability Company Wisconsin RCI Hudson, Inc. 04-3044820 Corporation Massachusett Recycle America Co., L.L.C. 04-3735636 Limited Liability Company Delaware Recycle America Holdings, Inc. 72-1541913 Corporation Delaware Redwood Landfill, Inc. 94.1443150 Corporation Delaware Refuse Services, Inc. 59.1098850 Corporation Florida Refuse, Inc. 88-0094235 Corporation Nevada Reliable Landfill, L.L.C. 73-1654400 Limited Liability Company Delaware Remote Landfill Services, Inc. 62-1421307 Corporation Tennessee Reno Disposal Co. 88-0087833 Corporation Nevada Resco Holdings L.L.C. 20-0584193 Limited Liability Company Delaware Resource Control Composting, Inc. 04.3044833 Corporation Massachusett Resource Control, Inc. 04-2655361 Corporation Massachusen Richland County Landfill, Inc. 58-1708996 Corporation South Carolina Riverbend Landfill Co. 93-0724866 Corporation Oregon RTS Landfill, Inc. 58-1924102 Corporation Delaware Rust Engineering & Construction Inc. 63-1081016 Corporation Delaware Rust Engineering (Thailand) Ltd NA -0000162 Corporation Thailand Rust International Inc. 63-1081055 Corporation Delaware S & J Landfill Limited Partnership 76-0404581 Limited Partnership Texas S & S Grading, Inc. 58-1858013 Corporation West Virginia S&T Materials, LLC 26-3327760 Limited Liability Company Florida S. V. Farming Corp. 22-2976860 Corporation New Jersey S4 Columbia Ridge Recovery, LLC 27-1892156 Limited Liability Company Delaware S4 Energy Chambers Recovery, LLC 27-1372079 Limited Liability Company Delaware 54 Energy Solutions, LLC 26-4136359 Limited Liability Company Delaware Sanifill de Mexico (US). Inc. 76-0419331 Corporation Delaware Sanifill de Mexico, S.A. de C.V. NA -0000070 Corporation Mexico SC Holdings, Inc. 36-2898300 Corporation Pennsylvania Serubam Services Urbanos E Ambientais Ltda NA -0000077 Corporation Brazil SES Bridgeport L.L.C. 36-4057298 Limited Liability Company Delaware Shade Landfill, Inc. 23-2886198 Corporation Delaware Shanghai Environment Group Company Limited Joint Venture People's Rapt Sierra Estrella Landfill, Inc. 86-0717293 Corporation Arizona Southern Alleghenies Landfill, Inc. 25-1249160 Corporation Pennsylvania Southern One Land Corporation 72-1534481 Corporation Delaware Southern Waste Services, L.L.C. 61.1342585 Limited Liability Company Delaware Spruce Ridge, Inc. 41-1591957 Corporation Minnesota Stony Hollow Landfill, Inc. 76-0638597 Corporation Delaware Suburban Landfill, Inc. 76-0638596 Corporation Delaware Terrabon, Inc. Corporation Delaware TerraFuels, LLC 27-4393572 Limited Liability Company Texas Texarkana Landfill, L.L.C. 30-0239245 Limited Liability Company Delaware Texas Pack Rat - Austin #1 LLC 20-3668884 Limited Liability Company Texas Texas Pack Rat - Dallas #1 LLC 26-2054900 Limited Liability Company Texas Texas Pack Rat - Houston #1 LLC 20-4572488 Limited Liability Company Texas Texas Pack Rat - Houston #2 LLC 20-5227255 Limited Liability Company Texas Texas Pack Rat - Houston #3 LLC 20-5227324 Limited Liability Company Texas Texas Pack Rat - San Antonio #1 LLC 20-4572603 Limited Liability Company Texas Texas Pack Rat Service.Company LLC Limited Liability Company Texas The Peitz Group, LLC 05-0545181 Limited Liability Company Wisconsin The Trashmasters Waste and Recycling Services, Inc. 93-1038408 Corporation Oregon 8/31/2011 8:51:38 AM Page 5 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation The Waste Management Charitable Foundation 04-3073733 Not For Profit Corporation Delaware The Woodlands of Van Buren, Inc. 36-3791221 Corporation Delaware Thermal Remediation Solutions, L.L.C. 91-1865607 Limited Liability Company Oregon TNT Sands, Inc. 57-0937314 Corporation South Carolina Trail Ridge Landfill, Inc. 36-3667296 Corporation Delaware Transamerican Waste Central Landfill, Inc. 76-0463386 Corporation Delaware Trash Hunters, Inc. 64-0852590 Corporation Mississippi TrashCo Inc. 26-1885543 Corporation Delaware Tri-County Sanitary Landfill, L.L.C. 20-0937658 Limited liability Company Delaware TX Newco, L.L.C. 61-1468715 Limited Liability Company Delaware United Waste Systems Leasing, Inc. 38-3324143 Corporation Michigan United Waste Systems of Gardner, Inc. 04-3320949 Corporation Massachusett USA South Hills Landfill, Inc. 25-1139448 Corporation Pennsylvania USA Valley Facility, Inc. 23-2886199 Corporation Delaware USA Waste Geneva Landfill, Inc. 34-1802751 Corporation Delaware USA Waste Landfill Operations and Transfer. Inc. 76-0435557 Corporation Texas USA Waste of California, Inc. 68-0306154 Corporation Delaware USA Waste of Pennsylvania, LLC 74-2921886 Limited Liability Company Delaware USA Waste of Texas Landfills, Inc. 76-0322548 Corporation Delaware USA Waste of Virginia Landfills, Inc. 58-1932248 Corporation Delaware USA Waste Services of NYC. Inc. 11-3301808 Corporation Delaware USA Waste -Management Resources, LLC 13-3853086 Limited Liability Company New York USA-Crinc, L.L.C. 04-3735654 Limited Liability Company Delaware UWS Barre, Inc. 04-3320948 Corporation Massachusett Valley Garbage and Rubbish Company, Inc. 95-2090787 Corporation California VaporLok Products, LLC Limited Liability Company Delaware VaporLok Technology, LLC 20-1508559 Limited Liability Company Delaware Vern's Refuse Service, Inc. 45-0435644 Corporation North Dakota VFB, LLC 22-3842831 Limbed Liability Company New Jersey VHG, Inc. UK -0000023 Corporation Minnesota Vickery Environmental, Inc. 31-1153176 Corporation Ohio Vista Landfill, LLC 59-3652174 Limited Liability Company Florida Voyageur Disposal Processing, Inc. 41-1734827 Corporation Minnesota Warner Company 51-0281233 Corporation Delaware Warner Hill Development Company 34-1043478 Corporation Ohio Waste Away Group, Inc. 63-0898842 Corporation Alabama Waste Management Arizona Landfills, Inc. 86-0683003 Corporation Delaware Waste Management Buckeye, L.L.C. 26-0076809 Limited Liability Company Delaware Waste Management Collection and Recycling. Inc. 95-2621587 Corporation California Waste Management Disposal Services of Colorado. Inc. 84-1004487 Corporation Colorado Waste Management Disposal Services of Maine. Inc. 01-0392888 Corporation Maine Waste Management Disposal Services of Maryland. Inc. 36-2898301 Corporation Maryland Waste Management Disposal Services of Massachusetts, Inc. 04-2320990 Corporation Massachusett Waste Management Disposal Services of Oregon. Inc. 36-3548405 Corporation Delaware Waste Management Disposal Services of Pennsylvania. Inc. 23-1655318 Corporation Pennsylvania Waste Management Disposal Services of Virginia. Inc. 36-3791008 Corporation Delaware Waste Management Holdings, Inc. 36-2660763 Corporation Delaware Waste Management Inc. of Florida 59-1094518 Corporation Florida Waste Management Indycoke, L.L.C. 81-0640497 Limited Liability Company Delaware Waste Management International, Inc. 36-3255004 Corporation Delaware Waste Management Municipal Services of California, Inc. 77-0151385 Corporation California Waste Management National Services, Inc. 76-0686861 Corporation Delaware 8/31/2011 8:51:38 AM Page 6 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Waste Management New England Environmental Transport, Inc. 04-3509618 Corporation Delaware Waste Management of Alameda County, Inc. 94-0727420 Corporation California Waste Management of Alaska. Inc. 91-1879241 Corporation Delaware Waste Management of Arizona. Inc. 86-0198265 Corporation California Waste Management of Arkansas. Inc. 04-2814811 Corporation Delaware Waste Management of California, Inc. 95-1735737 Corporation California Waste Management of Canada Corporation 87-6294844 Corporation Ontario Waste Management of Carolinas. Inc. 56-0731307 Corporation North Caroliru Waste Management of Colorado. Inc. 84-0523684 Corporation Colorado Waste Management of Connecticut. Inc. 06-1485581 Corporation Delaware Waste Management of Delaware. Inc. '51-0094505 Corporation Delaware Waste Management of Fairless. L.L.C. 26-3468180 Limited Liability Company Delaware Waste Management of Five Oaks Recycling and Disposal Facility, I 37-1035820 Corporation Delaware Waste Management of Georgia. Inc. 36-3319564 Corporation Georgia Waste Management of Hawaii, Inc. 76-0638599 Corporation Delaware Waste Management of Idaho. Inc. 82-0364976 Corporation Idaho Waste Management of Illinois. Inc. 36-2660859 Corporation Delaware Waste Management of Indiana Holdings One. Inc. 36-4039079 Corporation Delaware Waste Management of Indiana Holdings Two, Inc. 36-4059574 Corporation Delaware Waste Management of Indiana. L.L.C. 36-4071447 Limited Liability Company Delaware Waste Management of Iowa. Inc. 42-0824220 Corporation Iowa Waste Management of Kansas. Inc. 48-0634806 Corporation Kansas Waste Management of Kentucky Holdings, Inc. 36-4059575 Corporation Delaware Waste Management of Kentucky. L.L.C. 36-4035849 Limited Liability Company Delaware Waste Management of Leon County, Inc. 36-3319565 Corporation Florida Waste Management of Londonderry. Inc. 20-5657050 Corporation Delaware Waste Management of Louisiana Holdings One, Inc. 36-4142119 Corporation Delaware Waste Management of Louisiana, L.L.C. 36-4119910 Limited Liability Company Delaware Waste Management of Maine. Inc. 01-O267739 Corporation Maine Waste Management of Maryland. Inc. 52-0250430 Corporation Maryland Waste Management of Massachusetts, Inc. 04-2535063 Corporation Massachusett Waste Management of Metro Atlanta, Inc. 58-1937966 Corporation Georgia Waste Management of Michigan, Inc. 38-1214786 Corporation Michigan Waste Management of Minnesota. Inc. 36-2698820 Corporation Minnesota Waste Management of Mississippi. Inc. 36-3005295 Corporation Mississippi Waste Management of Missouri. Inc. 43-0992367 Corporation Delaware Waste Management of Montana. Inc. 36-3564773 Corporation Delaware Waste Management of Nebraska. Inc. 36-3469702 Corporation Delaware Waste Management of Nevada. Inc. 88-0394159 Corporation Nevada Waste Management of New Hampshire, Inc. 04-2482447 Corporation Connecticut Waste Management of New Jersey, Inc. 36-3700143 Corporation Delaware Waste Management of New Mexico, Inc. 85-0229020 Corporation New Mexico Waste Management of New York, L.L.C. 36-4206797 Limited Liability Company Delaware Waste Management of North Dakota, Inc. 36-3798294 Corporation Delaware Waste Management of Ohio. Inc. 25-1673264 Corporation Ohio Waste Management of Oklahoma. Inc. 73-0685975 Corporation Oklahoma Waste Management of Oregon, Inc. 93-0612655 Corporation Oregon Waste Management of Pennsylvania Gas Recovery, L.L.C. 20-2926331 Limited Liability Company Delaware Waste Management of Pennsylvania. Inc. 25-1232336 Corporation Pennsylvania Waste Management of Plainfield, L.L.C. 76-0722971 Limited Liability Company Delaware Waste Management of Rhode Island, Inc. 36-3668109 Corporation Delaware Waste Management of South Carolina, Inc. 36-2935124 Corporation South Carolln. 8/31120118:51:38 AM Page 7 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Waste Management of South Dakota, Inc. 46-0348394 Corporation South Dakota Waste Management of Texas Holdings, Inc. 43-1976001 Corporation Delaware Waste Management of Texas. Inc. 75-1223528 Corporation Texas Waste Management of Tunica Landfill, Inc. 64.0869334 Corporation Mississippi Waste Management of Utah, Inc. 87-0302156 Corporation Utah Waste Management of Virginia. Inc. 25-1578667 Corporation Virginia Waste Management of Washington, Inc. 36-3846342 Corporation Delaware Waste Management of West Virginia, Inc. 36-3553198 Corporation Delaware Waste Management of Wisconsin, Inc. 39-0967466 Corporation Wisconsin Waste Management of Wyoming, Inc. 36-3828554 Corporation Delaware Waste Management Partners, Inc. 36-3220911 Corporation Delaware Waste Management Recycling and Disposal Services of California, 95-2370376 Corporation California Waste Management Recycling of New Jersey, L.L.C. 04-3735640 Limited Liability Company Delaware Waste Management Service Center. Inc. 20-4017651 Corporation Delaware Waste Management. Inc. 73-1309529 Corporation Delaware Waste Management. Inc. of Tennessee 36-2935128 Corporation Tennessee Waste Resources of Tennessee, Inc. 54-0838353 Corporation Tennessee Waste Services of Kentucky. L.L.C. 94-3429202 Limited Liability Company Delaware Waste to Energy Holdings, Inc. 76-0652923 Corporation Delaware Waste to Energy I, LLC 02-0519035 Limited Liability Company Delaware Waste to Energy II, LLC 02-0519036 Limited Liability Company Delaware Wastech Inc. 93-0936732 Corporation Nevada Wasteless Environmental Services, Inc. Corporation Canada WESI Baltimore Inc. 02-0357495 Corporation Delaware WEST Capital Inc. 36-3861933 Corporation Delaware WESI Peekskill Inc. 02-0363274 Corporation Delaware WESI Westchester Inc. 02-0360305 Corporation Delaware Westchester Resco Associates, L.P. 02-0367753 Limited Partnership Delaware Western One Land Corporation 76-0688224 Corporation Delaware Western Waste Industries 95-1946054 Corporation California Western Waste of Texas, L.L.C. 30-0239250 Limited Liability Company Delaware Wheelabrator Baltimore L.L.C. 36-4057301 Limited Liability Company Delaware Wheelabrator Baltimore, L.P. 36-4057307 Limited Partnership Maryland Wheelabrator Bridgeport, L.P. 36-4057309 Limited Partnership Delaware Wheelabrator Cedar Creek Inc. 02-0443870 Corporation Delaware Wheelabrator Chambers Inc. 26-3194113 Corporation Delaware Wheelabrator China Holdings, Limited 23-50847741 Corporation Hong Kong Wheelabrator Claremont Company, L.P. 02-0390003 Limited Partnership Delaware Wheelabrator Claremont Inc. 20-4284300 Corporation Delaware Wheelabrator Concord Company, L.P. 02-0394017 Limited Partnership Delaware Wheelabrator Concord Inc. 02-0393450 Corporation Delaware Wheelabrator Connecticut Inc. 36-3908786 Corporation Delaware Wheelabrator Culm SeMces Inc. 02-0442574 Corporation Delaware Wheelabrator Environmental Systems Inc. 02-0412779 Corporation Delaware Wheelabrator Environmental Technologies Consulting (Shanghai) t 27-2548111 Limited Liability Company People's Rept Wheelabrator Falls Inc. 04-3024782 Corporation Delaware Wheelabrator Frackville Energy Company Inc. 02-0393452 Corporation Delaware Wheelabrator Frackville Properties Inc. 04-3100742 Corporation Delaware Wheelabrator Frederick Inc. 27-1502145 Corporation Delaware Wheelabrator Fuel Services Inc. 02-0442576 Corporation Delaware Wheelabrator Gloucester Company, L.P. 02-0396724 Limited Partnership New Jersey Wheelabrator Gloucester Inc. 02-0391601 Corporation Delaware 8/31/20118:51:38 AM Page 8 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation Wheelabrator Guam Inc. 36-3926262 Corporation Delaware Wheelabrator Hudson Falls L.L.C. 72-1541910 Limited Liability Company Delaware Wheelabrator Lassen Inc. 36-3926261 Corporation Delaware Wheelabrator Lisbon Inc. 61-1167063 Corporation Delaware Wheelabrator McKay Bay Inc. 36-3240315 Corporation Florida WheelabratorMillbury Inc. 02-0412788 Corporation Delaware Wheelabrator New Hampshire Inc. 02-0390002 Corporation Delaware Wheelabrator New Jersey Inc. 02-0391598 Corporation Delaware Wheelabrator NHC Inc. 02-0393448 Corporation Delaware Wheelabrator North Andover Inc. 36-3062971 Corporation Delaware Wheelabrator North Broward Inc. 04-3030218 Corporation Delaware Wheelabrator Norwalk Energy Company Inc. 02-0395269 Corporation Delaware Wheelabrator Penacook Inc. 02-0393449 Corporation Delaware Wheelabrator Pinellas Inc. 3 6-31101 53 Corporation Delaware Wheelabrator Portsmouth Inc. 27-1446081 Corporation Delaware Wheelabrator Putnam Inc. 36-3908789 Corporation Delaware Wheelabrator Ridge Energy Inc. 36-3820153 Corporation Delaware Wheelabrator Saugus Inc. 13-2740971 Corporation Delaware Wheelabrator Shasta Energy Company Inc. 02-0395274 Corporation Delaware Wheelabrator Sherman Energy Company, G.P. 02-0390349 General Partnership Maine Wheelabrator Sherman Station L.L.C. 76-0743287 Limited Liability Company Delaware Wheelabrator Sherman Station One Inc. 02-0390312 Corporation Delaware Wheelabrator South Broward Inc. 02-0410154 Corporation Delaware Wheelabrator Spokane Inc. 02-0416522 Corporation Delaware Wheelabrator Technologies Inc. 22-2678047 Corporation Delaware Wheelabrator Technologies International Inc. 36-3965264 Corporation Delaware Wheelabrator Westchester, L.P. 02-0367751 Umited Partnership Delaware White Lake Landfill, Inc. 38-1889893 Corporation Michigan Williams Landfill, L.L.C. 61-1342579 Umited Liability Company Delaware Willow Oak Landfill, LLC 20-1457518 Umited Liability Company Georgia WM Arizona Operations, L.L.C. 32-0112690 Umited Liability Company Delaware WM Asphalt Products, LLC 27-0675171 Umited Liability Company Delaware WM Bagco, LLC 26-4626312 Limited Liability Company Delaware WM Conversion Energy, LLC 26-4040670 Limited Liability Company Delaware WM Conversion Fund, LLC 27-1445960 Limited Liability Company Delaware WM Corporate Services, Inc. 27-3308922 Corporation Delaware WM Curbside, LLC 27-3473785 Umited Liability Company Delaware WM Emergency Employee Support Fund, Inc. 11-3758170 Not For Profit Corporation Delaware WM Energy Resources, Inc. 27-1184260 Corporation Delaware WM Energy Solutions, Inc. 76-0695139 Corporation Delaware WM Green Squad, LLC 26-1694369 Limited Liability Company Delaware WM GreenOps, LLC 26-4194066 Limited Liability Company Delaware WM GTL. Inc. 26-0294424 Corporation Delaware WM GTL, LLC 26-0294528 Umited Liability Company Delaware WM Healthcare Solutions, Inc. 20-3483524 Corporation Delaware WM Illinois Renewable Energy. L.L.C. 45-0512000 Limited Liability Company Delaware WM International Holdings, Inc. 76-0607203 Corporation Delaware WM International Services (UK) Limited NA -0000098 Corporation England WM KS Energy Resources, LLC 45-1480997 Limited Liability Company Delaware WM LampTracker, Inc. 26-2748613 Corporation Delaware WM Landfills of Ohio, Inc. 31-1509696 Corporation Delaware WM Landfills of Tennessee, Inc. 62-1462526 Corporation Delaware 8/31/2011 8:51:38 AM Page 9 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation WM Leasing of Arizona. L.L.C. 20-4017719 Limited Liability Company Delaware WM Leasing of Texas. L.P. 20-4017724 Limited Partnership Delaware WM LNG, Inc. 26-2294125 Corporation Delaware WM Logistics, LLC 27-5556760 Limited Liability Company Delaware WM Mercury Waste, Inc. 27-2289604 Corporation Delaware WM Middle Tennessee Environmental Center, L.L.C. 26-1946982 Limited Liability Company Delaware WM Mobile Bay Environmental Center, Inc. 76-0638602 Corporation Delaware WM Nevada Renewable Energy, L.L.C. 27-1678300 Limited Liability Company Delaware WM of Texas, L.L.C. 26-0428868 Limited Liability Company Delaware WM Organic Growth, Inc. 20-4677155 Corporation Delaware WM PA Holdings, LLC 27-2335935 Limited Liability Company Delaware WM Pack -Rat of California, LLC 26-0380883 Limited Liability Company Delaware WM Pack -Rat of Illinois, LLC 26-0524082 Limited Liability Company Delaware WM Pack -Rat of Kentucky, LLC 26-2289448 Limited Liability Company Delaware WM Pack -Rat of Maryland. LLC 26-1411856 Limited Liability Company Delaware WM Pack -Rat of Massachusetts, LLC 26-1411946 Limited Uability Company Delaware WM Pack -Rat of Michigan, LLC 26-2289484 Limited Liability Company Delaware WM Pack -Rat of Nevada, LLC 27-0371504 Limited Uability Company Delaware WM Pack -Rat of Ohio. LLC 26-2289407 Limited Liability Company Delaware WM Pack -Rat of Rhode Island, LLC 26-1855760 Limited Liability Company Delaware WM Pack -Rat LLC 26-0285281 Limited Liability Company Delaware WM Partnership Holdings, Inc. 36-3974344 Corporation Delaware WM Phoenix Energy Resources, LLC 27-2340971 Limited Liability Company Delaware WM Quebec Inc. NA -0000041 Corporation Canada WM RA Canada Inc. NA- 0000172 Corporation Ontario WM Recycle America, L.L.C. 72-1541911 Limited Liability Company Delaware WM Recycle Europe, L.L.C. 20-0570245 Limited Liability Company Delaware WM Refined Coal, LLC 27-4503057 Limited Liability Company Delaware WM Renewable Energy, L.L.C. 45-0511978 Limited Liability Company Delaware WM Resource Recovery & Recycling Center, Inc. 26-2289538 Corporation Delaware WM Resources, Inc. 25-1536159 Corporation Pennsylvania WM Safety Services, L.L.C. 20-3887188 Limited Liability Company Delaware WM Security Services, Inc. 20-3714754 Corporation Delaware WM Services SA NA -0000108 Corporation Argentina WM Storage II, Inc. 27-1525390 Corporation Delaware WM Storage, Inc. 26-0285202 Corporation Delaware WM Texas Pack Rat, LLC 26-1442144 Limited Liability Company Delaware WM Trash Monitor Plus, L.L.C. 26-1436776 Limited Liability Company Delaware WM TX Energy Resources, LLC 27-4199664 Limited Liability Company Delaware WM WY Energy Resources II, LLC 27-3555459 Limited Liability Company Delaware WM WY Energy Resources III, LLC 27-3555596 Limited Liability Company Delaware WM WY Energy Resources, LLC 27-1184329 Limited Liability Company Delaware WMI Medical Services of Indiana, Inc. 35-1724992 Corporation Indiana WMI Mexico Holdings, Inc. 36-3912290 Corporation Delaware WMNA Container Recycling, L.L.C. 04-3735649 Limited Liability Company Delaware WMRE of Kentucky, LLC 75-2841775 Limited Liability Company Delaware WMRE of Michigan, LLC 27-3334762 Limited Liability Company Delaware WMRE of Ohio, LLC 75-2845119 Limited Liability Company Delaware WMRE of Ohio -American. LLC 75-2939229 Limited Liability Company Texas WMSALSA, Inc. 20-2580150 Not For Profit Corporation Texas WMST Illinois, L.L.C. 94-3423874 Limited Liability Company Illinois WTI Air Pollution Control Inc. 36-4110833 Corporation Delaware 8/31/2011 8:51:38 AM Page 10 Affiliate Entity Report Active Legal Entities State of Name Federal ID No. Entity Type Incorporation WTI Financial L.L.C. 20-0584237 Limited Liability Company Delaware WTI International Holdings Inc. 36-3908839 Corporation Delaware WTI Rust Holdings Inc. 02-0351425 Corporation Delaware WTI UK Fin Co Ltd Corporation United Kingdo WTI UK Ltd 98-0336025 Corporation United Kingdo WTVEFW Holdings Ltd Corporation United Kingdo WTliWillows Construction Ltd 98-1012514 Corporation United Kingdo 8/31/20118:51:38 AM Page!! 2V-_ oq - f weL wo®crorr January 4, 2013 RE: Waste Management Owners and Contractors Protective Liability Policy Dear Insurance Administrator: Enclosed you will find the OCP Policy for 01/01/2013 through 01/01/2014 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- 5253 or goncog�flockton.com. Thank you. Kindest regards, Gayle Oncog Technical Services Assistant Enclosures LOCKTON COMPANIES, LLC 5847 San Felipe, Suite 320/ Houston, TX 77057.3183 713-458-5200/ FAX: 713458-5299 www.lockton.com ACE GROUP Owners And Contractors Protective ACE American Insurance Company 636 Walnut Street Railroad Protective P. O. Box 1000 Philadelphia, PA 191063703 Liability Declarations POLICY NUMBER: OCP G2701558A EXPIRING POLICY NUMBER: OCP G26437787 Renewal ITEM ONE Named Insured: City of Fayetteville Address: 113 W. Mountain Street Fayetteville, AR 72701-6083 Producer Number: 272474 Producer Name: Lockton Companies, LLC Producer Address: 5847 San Felipe Plaza, Suite 320, Houston, TX 77057 Commission: Nil Form of Business: ❑ Corporation ❑ Limited Liability Company ® Other Municipality Named Insured's business: Government Policy Period: Policy covers from 01/01/2013 to 01/01/2014 12:01 am standard time at the named insured's address stated above. Audit Period: NIA, unless otherwise stated: 0 Semi -Annual ❑ Quarterly 0 Total Advance Premium (including surcharges): $Included in HDO G27015189 Refer to Surcharge Schedule for surcharge amounts. LD-25417 (09/10) Copyright, Insurance Services Office, Inc. 2000 ACE GROUP ACE American Insurance Company 436 Walnut Street P.O. Box 1000 Philadelphia, PA 19106-3703 POLICY NUMBER: OCP G2701558A Owners And Contractors Protective Railroad Protective Liability Declarations COVERAGES AND LIMITS OF INSURANCE EACH OCCURRENCE LIMIT I $1 2,000,000 AGGREGATE LIMIT $ 2,000,000 CONTRACTOR INFORMATION City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701-6083 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): Description of Operations: Collection of residential and commercial refuse and residential and commercial collection of recycled items, compost, and/or sludge. Class Code: 16291 _ LD-25417 (09/10) Copyright, Insurance Services Office, Inc. 2000 ROUP ,y ACE American Insurance Company POLICY NUMBER: OCP G2701558A Owners And Contractors Protective Railroad Protective Liability Declarations ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY: SCHEDULE OF COVERAGE ALL20887 ACE Producer Compensation Practices & Policies ILP0010104 U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders CG00091207 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor ALL2Y31b Arkansas Notice to Policyholders SCHEDULE OF FORMS AND Endt. No. Form No. Description 1. ALL22421-3 Surcharge Schedule 2. LD3R16 Exclusion - Asbestos 3. LD7F23 Absolute Pollution Exclusion 4. LD4S35 Exclusion - Lead 5. CG21700108 Cap on Losses From Certified Acts of Terrorism 6. IL09850108 Disclosure Pursuant to Terrorism Risk Insurance Act 7. ALL21101 Trade or Economic Sanctions Endorsement 8. IL00210702 Nuclear Energy Liability Exclusion Endorsement (Broad Form) 9. CG29231101 Arkansas Changes 10. IL01990908 Arkansas Changes - Transfer of Rights of Recovery Against Others To Us 11. CClKllg Signatures LD-25417 (09/10) Copyright, Insurance Services Office, Inc. 2000 POLICY NUMBER: OCP G2701558A 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.aceproducercomr)ensation.com or by calling the following toll -free telephone number: 1-866-512-2862. ALL -20887 (10/06) POLICY NUMBER: OCP G2701558A 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 G2701558A 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 11 — 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 1I — 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 II — 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. I. Employees 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 "mobile operation of 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 attorneys' fees 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: 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. C. (a) Cooperate with us in the investigation, settlement or defense of the "suit" d. (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". 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. 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. 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 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 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. CO 00 09 12 07 © ISO Properties, Inc., 2006 Page 9 of 9 O POLICY NUMBER: OCP G2701558A 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 we fail to provide you with reasonable and adequate service, you should feel free to contact: Arkansas Insurance Department 1200 West Third Street Little Rock, AR 72201 (501) 371-2640 or 800-852-5494 ALL -2Y31 b (11/09) POLICY NUMBER: OCP G2701558A ENDT. #2 EXCLUSION - ASBESTOS Named Insured City of Fayetteville Endorsement Number 2 Policy Symbol Policy Number Policy Period Eff. Date of Endorsement 0CP G2701558A 01/01/2013 to 01/01/2014 Issued By (Name of Insurance Company) ACE American Insurance Company of the 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 PRODUCTSICOMPLETED 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 G2701558A ENDT. #3 ABSOLUTE POLLUTION EXCLUSION Named Insured City of Fayetteville Endorsement Number 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G2701558A 01/01/2013 to 01/01/2014 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. 3191) Ptd. In U.S.A. POLICY NUMBER: OCP G2701558A ENDT. #4 EXCLUSION - LEAD Named Insured City of Fayetteville Endorsement Number 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G2701558A 01/01/2013 to 01/01/2014 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: OCR G2701558A ENDT. #5 COMMERCIAL GENERAL LIABILITY CG 2170 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur- ance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- ance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in ac- cordance with procedures established by the Secre- tary of the Treasury. "Certified act of terrorism" means an act that is certi- fied 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 pursuant to the federal Terrorism Risk Insurance Act. The crite- ria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals 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 coer- cion. CG 21 70 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 O POLICY NUMBER: OCP G2701558A ENDT. #6 IL09850108 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. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Coverage Form(s) and/or Policy(s): Additional information, if any, concerning the terrorism premium: 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 the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. IL 09 85 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 POLICY NUMBER: OCP G2701558A ENDT. #7 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number City of Fayetteville 7 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G2701558A 01/01/2013 to 01/01/2014 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. Authorized Agent Page 1 of 1 POLICY NUMBER: OCP G2701558A 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 07 02 © ISO Properties, Inc., 2001 Page 1 of 2 O 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 2012 © ISO Properties, Inc., 2001 IL 00 21 0702 O POLICY NUMBER: OCP G2701558A ENDT. #9 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 fora 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: NON RENEWAL 1. 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 1 © ISO Properties, Inc., 2001 CG 29 23 11 01 O POLICY NUMBER: OCP G2701558A ENDT. #10 IL 01 99 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ("insured") has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss or damage. IL 01 99 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 O POLICY NUMBER: OCP G2701558A ENDT. #11 SIGNATURES Named Insured Endorsement Number City of Fayetteville 11 Policy Symbol Policy Number Policy Period Effective Date of Endorsement OCP G2701558A 01/01/2013 to 01/01/2014 Issued By (Name of Insurance Company) ACE American Insurance Company 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 (A stock company) BANKERS STANDARD FIRE AND MARINE COMPANY (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company) ACE AMERICAN INSURANCE COMPANY (A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 CARMINE A. GIGANTI, Secretary JOHN J. LUPICA. President Authorized Representative CC-1K11g (01/11) 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 229-19 File Number: 2019-0628 WASTE MANAGEMENT OF ARKANSAS, INC.: A RESOLUTION TO EXERCISE THE SECOND FIVE YEAR OPTION TO RENEW THE AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND DISPOSAL SERVICES WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which approved a five year contract with Waste Management of Arkansas, Inc. for solid waste transfer and disposal services, subject to the annual appropriation of sufficient funds by the City Council, with two successive five year options to renew; and WHEREAS, on November 16, 2014, the Fayetteville City Council passed Resolution No. 194-14 which approved the exercise of the first five year option to renew; and WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the second five year option to renew pursuant to Section 1 the Agreement; and WHEREAS, the City Administration recommends that the City Council authorize renewal of the next five year term to this Agreement. 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 agrees that it is in the best interest of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to renew the original Agreement for a third five year period under the terms of the original Agreement and Page 1 Printed on 10/16/19 File Number 2019-0628 Resolution 229-19 authorizes Mayor Jordan to sign the second amendment to the Agreement. PASSED and APPROVED on 10/15/2019 Attest: 1v111,_ Lisa Branson, Deputy Ci ��g� TR�zzi, FAYETTEVILLE:' •'�ys'.,QkANsp,. Jam`. i ?5 O �� Page 2 Printed on 10/16(19 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0628 Agenda Date: 10/15/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 WASTE MANAGEMENT OF ARKANSAS, INC.: A RESOLUTION TO EXERCISE THE SECOND FIVE YEAR OPTION TO RENEW THE AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND DISPOSAL SERVICES WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which approved a five year contract with Waste Management of Arkansas, Inc. for solid waste transfer and disposal services, subject to the annual appropriation of sufficient funds by the City Council, with two successive five year options to renew; and WHEREAS, on November 16, 2014, the Fayetteville City Council passed Resolution No. 194-14 which approved the exercise of the first five year option to renew; and WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the second five year option to renew pursuant to Section 1 the Agreement; and WHEREAS, the City Administration recommends that the City Council authorize renewal of the next five year term to this Agreement. 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 agrees that it is in the best interest of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to renew the original Agreement for a third five year period under the terms of the original Agreement and authorizes Mayor Jordan to sign the second amendment to the Agreement. City of Fayetteville, Arkansas Page 1 Printed on 1011612019 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2019-0628 Legistar File ID 10/15/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/20/2019 Submitted Date SUSTAINABILITY/RESILIENCE (631) Division / Department Action Recommendation: Approval of a 5 -year term contract renewal with Waste Management of Arkansas for hauling and disposal of municipal solid waste Various Account Number Budget Impact: Recycling and Trash Collections Fund Project Number Project Title Budgeted Item? Yes Current Budget Funds Obligated Current Balance $ - Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: 2018-000554 Previous Ordinance or Resolution 224-09; 194-14 Change Order Number: Original Contract Number 3 Approval Date: Comments: The current budget and item cost cells have been left blank due to the fact that funds for the hauling and disposal of municipal waste are budgeted in various programs and multiple accounts within the Recycling & Trash Collection Fund. Also, because this contract renewal spans multiple years, future year budgets are unknown at this time. CITY OF FAYETTEVILLE 14'V ARKANSAS MEETING OF OCTOBER 15, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Peter Nierengarten, Environmental DATE: Director September 20, 2019 SUBJECT: Waste Management Contract Renewal CITY COUNCIL MEMO RECOMMENDATION: Staff recommends the approval of a 5 -year term contract renewal with Waste Management of Arkansas for hauling and disposal of municipal solid waste BACKGROUND: In November 2009, the Fayetteville City Council passed Resolution 224-09 approving a contract with Waste Management of Arkansas or the hauling and disposal of municipal waste from the City's transfer station. The term of the original contract was for 5 -years and included a provision for the option to renew for 2 successive 5 -year terms upon mutual written agreement. The first renewal was executed on November 6, 2014 by Resolution 194-14. DISCUSSION: Having completed the first and second 5 -year terms of the contract in a successful manner, both parties agree to exercise the provision in the contract for a final 5 -year term thru December 31, 2024. Terms of the 5 -year agreement include: • City will continue paying the current transportation and disposal rate of $39.26 per ton through December 31, 2019 • City agrees to pay Waste Management a transportation and disposal rate of $41.22 starting on January 1, 2020 — this is a 5% rate increase • Beginning on January 1, 2021 and each January 1 thereafter the per ton transportation and disposal rate price shall be adjusted according to the Consumer Price Index (CPI) sub -index for Water, Sewer, Trash Collection (WST) • The WST index increase shall look at the increase for the previous 12 months • The average tonnage of loaded trucks leaving the City's transfer station shall be 22 tons BUDGET/STAFF IMPACT: Funds for hauling and disposal services are budgeted in the Recycling and Trash Collection fund. Attachments: Second Contract Renewal First Contract Renewal (includes original contract) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 SECOND AMENDMENT TO THE CITY OF FAYETTEVILLE ARKANSAS SOLID WASTE TRANSFER AND DISPOSAL SERVICES CONTRACT This Second Amendment to the City of Fayetteville, Arkansas Solid Waste Transfer and Disposal Services Contract (hereafter the "Amendment") is entered into as of the day of QC,. Q1 `r 2019, by and between the City of Fayetteville (the "City"), and Waste Management of Arkansas, Inc. (the "Contractor or Waste Management"). WITNESSETH: WHEREAS, the City of Fayetteville and Waste Management have previously entered into a certain Agreement for Solid Waste Transfer and Disposal Services, dated on or about November 3, 2009, and amended on October 15, 2014 (collectively the "Contract") whereby Waste Management was granted the right to provide solid waste transfer and disposal within the City, as more particularly set forth in the Contract; and WHEREAS, the City and Waste Management desire to modify the Contract, as more particularly set forth below. NOW, THEREFORE, for and in consideration of the good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The City and Waste Management agree to extend the term of the Contract for five additional years so that the new Contract termination date is December 31, 2024. This Contract is subject to the annual appropriation of sufficient funds for this Contract in the budget by the Fayetteville City Council. 2. Section 3 of the Contract entitled "Fees" is hereby superseded and replaced with the following language: A. City agrees to pay Waste Management the current rate of $39.26 per ton through December 31, 2019 B. On January 1, 2020, the City agrees to pay Waste Management $41.22 per ton for transportation, hauling and disposal. Beginning on January 1, 2021 and on each January 1 thereafter, the per ton price shall be adjusted by the percentage that the Consumer Price Index (CPI -U), US City Average for All Urban Consumers (current series), Water, Sewer, Trash Collection, Not Seasonally Adjusted, Base Period December 1997=100 Series ID CUUROOOOSEHG (CPI) (https://beta.bls.Qov/dataViewer/view/timeserieslCUUROOOOSEUGI has increased during the preceding twelve-month period for which the data has been published. If the above CPI ceases to be published, the parties agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. Waste Management shall Page 1 of 3 Contract for Solid Waste Transfer and Disposal Services, Amendment 2 Bid 09-61 coordinate with the City in writing prior to any implementation of any CPI -U price adjustment. Such coordination shall include the amount of the price adjustment, documentation substantiating the CPI published numbers, and the date the adjusted price takes effect. The City and Waste Management shall mutually agree on any increase, including calculation accuracy on CPI or other equally authoritative measure as applicable, prior to any price adjustment. C. Price adjustment shall be calculated using the following: CPI for current period, Less CPI for previous period Equals index point change. Divide index point change by previous period CPI. That result shall be multiplied by 100 to equal the percent change in the price per ton rate. Example, provided by the Bureau of Labor Statistics, is shown below or can be found at https:/Iwww.bls.gov/cpi/factsheets/escalation.htm: CPI for current period 232.945 Less CPI for previous period 229.815 Equals index point change 3.130 Divided by previous period CPI 229.815 Equals 0.0136 Result multiplied by loo 0.0136 x loo Equals percent change 1.4% 3. Section 2(a) of the Contract is hereby amended to read as follows: A. Transporting of all solid waste shall be so contained, tied, or enclosed, that leaking, spilling or blowing of waste is prevented. All solid waste received at the Fayetteville Transfer Station will be transported to a permitted and approved disposal site within twenty-four hours after receipt of said solid waste. The City, as the Transfer Station operator, shall be responsible to load transport trailers with solid waste payload weights no greater than that required to reach gross vehicle weight limitations set by law. However, in the interest of efficiency, the City agrees to load solid waste in such a way that the total annual tonnage of material loaded divided by the total number of trailer loads in that year equals at least 22 tons. 4. Nothing contained herein shall be deemed to amend or modify the Contract except as expressly set forth herein. In the event of a conflict between the terms of the Contract and this Amendment, the terms of this Amendment shall control. IN WITNESS WHEREOF, this Second Amendment has been executed as of the date first set forth above. Page 2of3 Contract for Solid Waste Transfer and Disposal Services, Amendment 2 Bid 09-61 CITY: CITY OF FAY,4TTEVILLE, ARKANSAS Attest: Sondra E. Smith, City CONTRACTOR: WASTE MANAGEMENT OF ARKANSAS, INC. By: �: �/�/ N Eddie McManus, Area Vice President Ge+tC� erx `j,niir►r►J��� �� RK )'A YE rr•��_ le /IN S Pte', • ��,�: 11O 11111%0 Page 3 of 3 Contract for Solid Waste Transfer and Disposal Services, Amendment 2 Bid 09-61 RESOLUTION NO. 194-14 A RESOLUTION TO EXERCISE THE FIVE YEAR OPTION TO RENEW THE AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND DISPOSAL SERVICES WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which approved a five year contract, subject to the annual appropriation of sufficient funds by the City Council, with two successive five year options to renew; and WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the first five year option to renew pursuant to Section 1 the Agreement; and WHEREAS, the City Administration recommends that the City Council authorize renewal of the next five year term to this Agreement. 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 agrees that it is the best interest of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to renew the original Agreement for a second five year period under the terms of the original Agreement and authorizes Mayor Jordan to sign the first amendment to the Agreement. PASSED and APPROVED this 6' day of November, 2014. TTEST: LISA BRANSON, Deputy City Clerk `�`� ��RK•/ TRS, '�� FAYETTEVILLE: r City of Fayetteville, Arkansas 113 West Mountain Street 'K�;;i^:'t•, Fayetteville, AR 72701 479-575-8323 TDD - Cy3" j 479-521-1316 r' Text File File Number: 2014-0449 Agenda Date: 11/6/2014 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: A. 7 A RESOLUTION TO EXERCISE THE FIVE YEAR OPTION TO RENEW THE AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. FOR SOLID WASTE TRANSFER AND DISPOSAL SERVICES WHEREAS, on November 3, 2009, the Fayetteville City Council passed Resolution No. 224-09 which approved a five year contract, subject to the annual appropriation of sufficient funds by the City Council, with two successive five year options to renew; and WHEREAS, both Waste Management of Arkansas, Inc. and the City now desire to exercise the first five year option to renew pursuant to Section 1 the Agreement; and WHEREAS, the City Administration recommends that the City Council authorize renewal of the next five year term to this Agreement. 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 agrees that it is the best interest of our citizens to exercise, along with Waste Management of Arkansas, Inc., the option to renew the original Agreement for a second five year period under the terms of the original Agreement and authorizes Mayor Jordan to sign the first amendment to the Agreement. City of Fayetteville, Arkansas Page 1 Printed on 1117/2014 Jeff Coles Submitted By City of Fayetteville Staff Review Form 2014-0449 Legistar File ID 11/6/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/15/2014 Recycling & Trash Collection / _ Transportation Services Department Submitted Date Division / Department Action Recommendation: Approval of a 5 year term contract renewal with Waste Management of Arkansas for hauling and disposal of municipal waste. Budget Impact: Various Recycling and Trash Collection Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # 224-09 Original Contract Number: Approval Date: Comments: The current budget and item cost cells have been left blank due to the fact that funds for the hauling and disposal of municipal waste are budgeted in various programs and multiple accounts within the Recycling & Trash Collection Fund. Also, because this contract renewal spans multiple years, future year budgets are unknown at this time. CITY OF Ta.Vl.le y4e ARKANSAS MEETING OF NOVEMBER 6, 2014 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Terry Gulley, Transportation Services Director Don Marr, Chief of Staff FROM: Jeff Coles, Director of Recycling and Trash Co!lection DATE: October 15, 2014 SUBJECT: Waste Management Contract Renewal RECOMMENDATION: Staff recommends the approval of a 5 year term contract renewal with Waste Management of Arkansas for hauling and disposal of municipal waste BACKGROUND: In November of 2009, the City Council passed Resolution 224-09 approving a contract with Waste Management of Arkansas for the hauling and disposal of municipal waste from the City's transfer station. The term of the of the original contract was for 5 years and included provision for the option to renew for 2 successive 5 year terms upon mutual written agreement. DISCUSSION: Having completed the first 5 year contract in a successful manner., both parties are in agreement to exercise the provision of the contract to extend for an additional 5 year term, from December 1, 2014 until November 30, 2019. BUDGET/STAFF IMPACT: Funds for hauling and disposal services are budgeted in the Recycling and Trash Collection Fund. Attachments: Original Contract Renewal Document Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Contract This Agreement is [Wade and entered into thisZA4_day of 2009, by and between the City of Fayetteville, Arkansas and Waste Management of Arkansas. Inc. Terms & Conditions WITNESSETH: In consideration of the terms and conditions set forth below, which constitute good and enforceable consideration, it is agreed: 1. TERM OF AGREEMENT: The agreement is to take effect and continue and remain in full force and effect for a period of five (5) years, and such period shall commence on December 1st, 2009 or on the date the contract is approved by the Fayetteville City Council. The parties shall have the option to renew this agreement for two (2) successive five (5) year terms upon mutual written agreement. The option to renew can be made effective by written notification from either party to the other party no later than ninety- (90) days prior to the expiration of the contract term This contract will be subject to the annual appropriation of sufficient funds for this contract in the budget by the Fayetteville City Council. 2. SCOPE OF SERVICE: The Contractor shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all of the residential and commercial waste generated within the City of Fayetteville. Goods and services to be pirovided by Contractor under the terms of this agreement shall include but not be limited to the following: a) Transporting of all solid waste shall be so contained, tied, or enclosed, that leaking, spilling or blowing of waste is prevented. All solid waste received at the Fayetteville Transfer Station will be transported to a permitted and approved disposal site within twenty-four hours after receipt of said solid waste. The City of Fayetteville, as the Transfer Station operator, shall be responsible to load transport trailers with solid waste payload weights no greater than that required to reach gross vehicle weight limitations set by law. However, in the interest of efficiency, the operator is responsible to load solid waste in such a way that a standard "walking floor" trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. b) The Contractor shall provide an adequate number of vehicles, trailers and back up equipment maintained in good physical condition and working order, all labor, supervision, equipment, maintenance, fuel and necessary supplies to insure the daily systematic and orderly performance of all services specified in the contract within the required time frame. c) The Contractor will guarantee to the City of Fayetteville that Contractor's transport tractors, trailers and any other equipment used in the transport of accepted solid waste will be maintained in a mechanically sound, clean and uniformly painted manner,at all times. Time will be sufficient spare equipment available to insure daily loading transport, and disposal of all waste received at said Transfer Station within the allotted time frame. All equipment provided by the Contractor will be properly licensed and permitted by appropriate District, City, County & State authorities as required. Additionally, transport tractors will be marked with the name and telephone number of the contractor on each side of the vehicle. d) Preparation of required reports to all government agencies, if applicable, with copies to City of Fayetteville. e) Contractor shall provide to the City of Fayetteville documented proof of disposal for each load. Such documentation shall be provided to the City of Fayetteville with each invoice. City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 18 of 20 3. FEES: The prices and rates bid by the successful bidder shall be firm for the fust two (2) years of the contract. After the first 2 years of the contract, adjustments shall be made as follows: The cost per ton rate shall be adjusted beginning December 1, 2011, by using the difference in the United States Department of Labor Index For Goods and Services from September 2010 through August 2011. This adjustment using subsequent annual USDL Index for Goods and Services numbers shall be used in December 2012 and December 2013. This inflationary index or a full renegotiation of rates by the parties may be used for subsequent renewals of the contract beyond the fust five year period. Payment shall be on a cost per ton basis. Measurement shall be from the City of Fayetteville's outbound scale numbers. 4. SECURING FOR PERFORMANCE — BID SECURITY: The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of said portion of the Contract. Said surety bond shall be in the amount of twenty five percent (25%) of the total bid price for the first year of the contract. Said surety bond after the first year shall be for twenty five percent (2581a) of the previous year contracted volume. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an "A" rated bonding company. 5. QUANTITIES: The City of Fayetteville makes no warranties as to the quantities of solid waste available for transfer and disposal. The City of Fayetteville during the term of this contract shall deliver to City of Fayetteville's Transfer Station all of the municipal, residential and commercial solid waste streams collected by the City of Fayetteville except recyclable waste recycled as such. 6. DISPOSAL SITES: Contractor shall provide evidence satisfactory to the City of Fayetteville that the Contractor shall at all times have a commitment for adequate landfill air space adequate to exceed the projected needs of the waste to be disposed of hereunder during the term of the contract but in any case not less than 10 years. Disposal site will be in compliance with EPA Regulations, Subtitle "D" and any future subtitles or regulations required of said site. Prior to any change by the contractor of disposal site the Contractor shall provide documentation to the City of Fayetteville that such site meets specifications hereunder. 7_ RF PR_FSEN'TATION OF THE CTTy OF FAME ITEVII.LE: The City of Fayetteville represents that the City of Fayetteville's Transfer Station is properly and fully permitted as a solid waste transfer station by all applicable governmental authorities. 8. DEFAULT AND TERMINATION: Upon breach by either party to this Contract of any of its material terms and conditions, the non-breaching party shall deliver written notice to the breaching party of said breach. If the breaching party fails to cure the breach within sixty (60) days, the non-breaching party shall be entitled to declare that the breaching party is in default and the contract terminated. 9. GENERAL SPECIFICATIONS: The terms and conditions of this Contract include each and every general specification set forth hereinafter. 10. ADMINISTRATIVE PROVISIONS: This agreement constitutes the entire agreement between the parties and there are no representations, warranties, promises, covenants, agreements or contracts except as set forth herein. This agreement may not be amended except as set forth in writing and signed by authorized representatives for both parties. This agreement shall be construed under the laws of the State of Arkansas, and shall inure to the benefit of the parties hereto, their successors, assigns and representatives. This agreement may be assigned by City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 19 of 20 either party only with the prior written consent of the other party, which consent shall not be unreasonably withheld. The persons signing on behalf of the respective parties hereto warrant that they have full and proper authority to execute this agreement on behalf of the parties so represented. 11. FREEDOM QF INFORMA710M ACT: City of Fayetteville contracts and documents prepared while performing City of Fayetteville contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner 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. 12. ATTACHMENI'S: Bid documents referencing Bid 09-61, Solid Waste Transfer and Disposal Services and contractors bid submittal in response to Bid 09-61. 13. JURISDICTION AND VENUE: This agreement shall be interpreted and enforced pursuant to Arkansas law, Jurisdiction and venue shall be in Washington County, Arkansas. IN AGREEMENT with the provisions set out above, we sign our names below on this the,3A,e day of 2009. By: CONTRA R Printed Name and Title ATTEST: By: ompany Secrets Qm , (62 Printed Name and Title City of Fayetteville, Arkansas Bid 09-61, Solid Waste Transfer and Disposal Services Page 20 of 20 CITY OF FAYETTEVILLE, ARKANSAS ByJNkELDJ2!�XAN Mayor ATTEST: By: Son raSmith, City Clerk ------- FIRST AMENDMENT TO THE CITY OF FAYETTEVILLE, ARKANSAS SOLID WASTE TRANSFER AND DISPOSAL SERVICES CONTRACT This First Amendment to the City of Fayetteville, Arkansas Solid Waste Transfer and Disposal Services Contract (hereafter the "Amendment') is entered into as of the _ day of , 2014, by and between the City of Fayetteville (the "City"), and Waste Management of Arkansas, Inc. (the "Contractor"). WITNESSETH: WHEREAS, the City of Fayetteville and the Contractor have heretofore entered into a certain Agreement for Solid Waste Transfer and Disposal Services, dated on or about November 3, 2009 (the "Contract"), whereby Contractor was granted the exclusive right to provide solid waste transfer and disposal within the City of Fayetteville, as more particularly set forth in the Contract; and WHEREAS, the City and Contractor desire to modify the Contract, as more particularly set forth below. NOW, THEREFORE, for and in consideration of the goad and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. The City and Contractor agree to extend the term of the Contract for five additional years from December 1, 2014, so that the new Contract termination date is November 30, 2019. This Contract is subject to the annual appropriation of sufficient funds for this Contract in the budget by the Fayetteville City Council. 2. Nothing contained herein shall be deemed to amend or modify the Contract dated November 3, 2009, except as expressly set forth herein. In the event of a conflict between the terms of the Contract and this Amendment, the terms of this Amendment shall control. IN WITNESS WHEREOF, this Amendment has been executed as of the date first set forth above. CITY: CONTRACTOR: CITY OF FA' Attest: Sondra Smith, City • b, Y p� ••L�. r � FAYETT EVILLE •�= :st'•."kA NSp .,=ems• ���i� �� Tv�N _ G�e�`�•• WASTE MAN/ii &MENT OF ARKANSAS, INC. �. By: v r" On behalf of: Tim Wells, Market rvK�-�, I of 1