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HomeMy Public PortalAboutORD11211 BILL NO. 89-2 SPONSORED BY COUNCILMAN MASON ® ORDINANCE NO. l/.A// AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH PACE CONSTRUCTION COMPANY FOR THE 1989 ASPHALT OVERLAY PROGRAM. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Pace Construction Company for the 1989 Asphalt Overlay Program. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and .approval. Passed i Approved M!!�a �. -Pre-id i fficer yor ATTEST: City Clerk CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this 44 day of 19$5_, by and between Pace Construction Company, hereinafter called "Contractor", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 111989 Asphalt Overlay Program". NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty (60) calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 2. Prevailing Wages. All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar ® character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 89-026-0075 in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not ® less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $800,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a) , (b) , and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Contraotor's Responsibilitg for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein setforth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual -relations between any subcontractor and the City or between any subcontractors. S. Liggidated Damages. The Director of Public Works may , at his discretion, deduct $100.00 from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on ® Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City • under any other provisions of the contract, city ordinances, and state and federal laws. 8. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. 9. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 10. Payment. The City hereby agrees to pay the Contractor the work done pursuant to this contract according to the payment schedule setforth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated April 4, 1989, which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. ® 11. Contract Documents. The contract documents shall consist of the following: a. This Contract e. General Conditions b. Addenda f. Special Provisions c. Notice to Contractors g. Technical Specifications d. Signed Copy of Bid h. Drawings and/or sketches This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 12. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 13. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 1620 Woodson Road, St. Louis, Missouri 63114. The date of delivery of any notice shall be the second full day after the day of its mailing. of 14. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 15. IN TZBTIXONY WHHRZOF, the parties have hereunto set their hands and seals this .�� day of , 19 _. CITY OF JEFFERSON, MISSOURI By bp M r ATTEST: CITY CLERK CONTRACTOR By z Title: �J Cent ATTEST: - - -Secretary ; 1 • Certificate of Insurance 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO NIGHTS UPON YOU THE CERTIFICATE POLDER TWS CERTIFICATE IS NOT AN INSURANCE IL_ POLICY AND DOES NOT AMEND,EXTEND,CR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that LIBERTY 7 MUTUAL PACE CONSTRUCTION Name and 1620 Woodson Road address of St. Louis, MO 63114 f Insured. is.at the issue date of this certificate.insured by the Company under the Wicy('ies)Fisted below.The insurance afforded by the listed policy(ies)is subject to all their terffm exclusions and conditions and is not altered by any requirement,term or condition of arty contract or other document with respect to which this certificate may be issued. TYPE CERT.EXP.DATE' LIMIT CONTINUOUS POLICY OF � NUMBER OF POLICY ❑EXTENDED LIABILITY POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY 11VM1l OF THE FOLLOWING STATES: Bodry m Injury By Accde 3/31/91 Nc2-141-079717-010 AR, MO, TX, KS, IL, 500,000 EaAcr^ WORKERS' NE, OIC, TN, IN Bodily Injury Ely Disease COMPENSATION 500,000 Ea.Person Bodily Injury By Disease 500,000 Fbl•LImit General Aggregate-Other than Proo=/Compieted Openauons Ptoducts/Ciompleted ODeratiom Aggregate ltl Badly Injury and Property Damage Liability Uy Der occorm=e J? ❑CLAIMS MADE Personal and Advertising Injury per person/ U� RETRODATE organization Ottxy ❑OCCURRENCE 8 SPECIAL/EXCL ENDORSEMENTS > ❑OWNED EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED pt- �? ❑NON-OWNED EACH PERSON Q EACH ACCIDENT EACH ACCIDENT ❑HIRED OR OCCURRENCE $ OR OCCURRENCE W o i LOCATION(S)OF OPERATIONS S JOB Y(if Applicable) DESCRIPTION OF OPERATIONS: ;1989 ASPHALT OVERLAY PROGRAM JEFFERSON CITY, MO .If the certificate expiration date is continuous or extended term, you will be notified if coverage Is terminated or reduced before the certiticate expiration date.However, you will not be notified annually of the continuation of coverage. NOTICE'OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Liberty THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 60 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: CITY OF JEFFERSON 320 E. MCCARTY ST. ^�1 ►��—+ JEFFERSON.CITY, MO 65101 AUTHORIZED REPRESENTATIVE- 3/19/90 CM ST. LOUIS DATE ISSUED OFFICE Rr Cweaota a 00WAe W LIBERTY WLIM•INSURANCE GROUP ar ma1: a mh Yauanoa w Is a1 ldad by now Carroatwe BST72 R2 r FICATOF INSURANCE ISSUE DATE(MMIDD/YY) ' 03/31/91 03/30/90 PRODUCER THIS CERTIFICATE.IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Lockt on Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P.O. Box 8418 COMPANIES AFFORDING COVERAGE Prairie Village Ks 66208 COMPANY CODE SUB-CODE LETTER A St Paul — St. Louis COMPANY INSURED 1634 LETTER B MOAC - St. Louis Pace Construction Company COMPANY 1620 Woodson Road LETTER C St. Louis, MO 63114 COMPANY LETTER D COMPANY E LETTER COVERAGES 14C THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. V TTYPE Of INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS R DATE(MM/DD/YY) DATE(MM/DD" GENERAL LIABILITY GENERAL AGGREGATE $2000 A X COMMERCIAL GENERAL LIABILITY KKO8500013 03/31/90 03/31/91 PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE x OCCUR, PERSONAL&ADVERTISING INJURY $1000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1000 FIRE DAMAGE(Any one fire) $50 MEDICAL EXPENSE(Any one person) $5 AUTOMOBILE LIABILITY COMBINED SINGLE S x ANY AUTO KKOB500013 03/31/90 03/31/91 LIMIT 1000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) x HIRED AUTOS BODILY x NON-OWNED AUTOS (Perlaccident) d GARAGE LIABILITY PROPERTY :S DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE A :. x, Umbrella Form KK08500013 03/31/90 : 03/31/91 s s OTHER THAN UMBRELLA FORM 5000 5000 WORKER'S COMPENSATION STATUTORY AND $ XX X XXX XXXX(EACH ACCIDENT) Not Applicable S X X X X X X X X X X(DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ XXXXXXXXxX(DISEASE—EACH EMPLOYEE) 'OTHER B - Equipment MPC853470 03/31/90 03/31/91 All Risk-Leased or Rented $2509 000 Limit $10,000 Ded. DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS 1989 ASPHALT OVERLAY PROGRAM, JEFFERSON CITY, MO. CERTIFICATE HOLDER. CANCELLATION1�y� , !F 47421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF JEFFERSON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 320 E. McCARTY ST. MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE JEFFERSON CITY MO 65101 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR IQABILITY OF ANY KIND UPqj4 THE COMPA %S AGENTS OR REPRESENTATIVES. A17HORI ESENTA ,ACORD 25.4 fun) 1 i I Certificate of Insurance THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFCRMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER THIS CERTIFICATE IS NOT AN INSURANCE POUC'Y AND DOES NOT AMEM).EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POUCIES LISTED SELCW This is to Certify that LIBERTY F � li�'�L Pace Construction Name and 1�ili T• 1620 Woodson Road .-. address of St. Louis, MO 63114 Insured. L_ - is.at the issue date of this certificate,insured by the Company under the policy(ies)listed below.The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement.term or condition of any contract or other document with respect to which this certificate may be issued. TYPE CERT.EXP.DATE' LIMIT OF [3 G;vTNUCA POLICY OF �iDEn POLICY ❑EXTENDED LIABILITY ®POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY 3/31/90 WC2-141-079717-019 LAW OF THE FOLLOWING STATES: Boay Injury ByAOaoem WORKERS' AR, 110, TX, IL, IN 100,000 Ea.Aca Soddy Injury By Disease j COMPENSATION OK, NE, TN 100,000 Person BoaJy Injury By Disease 500,000 Pol.Umtt General Aggregate-Other than ProducWCompleted Operatm3 3/31/90 TBl-141-079717-039 2,000,000 Products/Cornmeted Operalms Aggregate 1,000,000 lit Boat'Injury and Property Damage Liability Z 1,000,000 per occurrence LU} H ❑CLAIMS MADE Personal and Aovertwng injury a m¢ RETRO PATE 1,000,000 orrqganizat on Other 70 01 L� ®OCCURRENCE u SPECIAL/EXCL ENDORSEMENTS } ®OWNED 3/31/90 S1-141-079717-048 ' ' EACH ACCIDENT-SINGLE LIMIT-81 AND P.O.COMBINED 55 NON-OWNED EACH PERSON QQ EACH.ACCIDENT EACH ACCIDENT —j �.J HIRED OR OCCURRENCE S OR OCCURRENCE Umbrella 3/31/90 TH1-141-079717-029 Excess Limit: $5,000,000 Excess x p Liability LOCATION(S)OF OPERATIONS&JOB 0(If Applicable) DESCRIPTION OF OPERATIONS: 1989 Asphalt Overlay Program Jefferson City, MO 'It the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.However, you*11 not be notified annually of the continuation of coverage. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE Liberty Mutual Insurance Group THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 6_DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: City of Jefferson l ) 1=CATE 320 E. McCarty St. l�C Jefferson City, MO 65101 , RI E�R r- SENTATIV 5/9/89 dp St. Louis DATE ISSUED OFFICE Th.e cemflcate is execvteo try USERTY MUTUAL INSURANCE GROUP as semis wen insurance as is aftoed by Those Comoams SS772 Fit ... .. .. •V•i•. !'n t:..,..1q p.7— ,ir•�+c!I•r •n.,.rr.;, d„+fi w.r w•rw-a. .y n...v:1-Y:n...,.r...a.Y^..t•v. NO. 162214 CASUALTY INSURANCE BINDER LIBERTY MUTUAL: WITH RESPECT TO GL COVERAGE, THIS POLICY PROVIDES ❑ Claims Made ❑ Occurrence INSURED CITY OF JEFFERSON 320 E. NLICCARTY SE ADDRr..SS JEFFERSON CITY, MO 65101 Periding the Issuance of the policy or policies of the type or types described below,LIBERTY MUTUAL INSURANCE GROUP agrees to insure the insured,but only for the coverages indicated,in accordance with the provisions of the policy or policies In current use by it.The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein,subject to all the terms of the policy having refer- ence thereto,and no insurance is provided for coverages for which no such limit or amount is stated.Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be cancelled (1)by the company by written notice to the Insured at the address shown above stating when thereafter such cancellation shall be effective,or(2)by the insured by mailing written notice to the company stating when thereafter such cancellation shall be effective. This binder shall be effective on MAY 8. 1989 at 12:01 A. M.,and unless previously cancelled, shall expire on JULY 7, 1989 at 12:01 A.M., Standard Time,at the address of the insured. POLICY POLICY NUMBER TYPE OF POLICY `'O NUMBER LOCATIONS TO WHICH BINDER APPLIES SYMBOL. (TO DE ASSIGNED) NUMDEH TF OWNERS' & CONTRACTORS' 1 1989 ASPHALT OVERLAY PROGRAM PROTECTIVE LIABILITY JEFFERSON CITY, MO LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY WORKERS'COMPENSATION AND SYMBOL EMPLOYERS'LIABILITY SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES STATES COVERED TF PACE CONSTRUCTION CO. LIMIT OF LIABILITY—COVERAGE 8 1620 WOODSON RD. BODILY INJURY BY ACCIDENT ST. LOUIS, MO 63114 f EACH ACCIDENT BODILY INJURY BY DISEASE LOCATION OF COVERED OPERATIONS - LOCATION 1 AS STATED s EACH PERSON ABOVE BODILY INJURY BY DISEASE $ POLICY LIMIT BI &PD LIMITS OTHER LIMITS POL. I LOC. GEN'L AGGREGATE PRODUCTS/COMP. EACH OCCURRENCE FIRE LEGAL * MEDICAL * PERS/ADV. INJURY SYM NO. Other than Prod/Comp Op OPS AGGREGATE LIAR. Per Fire PAYMENTS Per Person or Org. TF 1 LIMITS OF INSU NCE: AGGREGATE RIMIT - $2,00011000 BI & PD LIABILITY LIMIT $1,000,000 DEDUCTIBLE Retroactive Date is as defined in the policy and Is the same as the effective date unless otherwise stated herein. RETROACTIVE DATE: 7 Subject to occurrence Iimlt. This binder when duly countersigned Is issued on behalf of LIBERTY MUTUAL INSURANCE GROUP,herein referred to as the Company as respects the indicated coverages under forms customarily written in such Company. • SALES REP AND SALES OFFICE EMMERICH 442 Liberty Mutual Insurance Group POLICY ISSUING OFFICE NEW OR REN. ISHAWAKA INEW TYPED BY DATE L, ��,,. "" '., -Cti, . , , , . , , ,. JAC 5/8/89 "'""•"' �....iu.e. G e: ittned Ily Authorized Iteprezentnlive BS 704 R1 Printed In USA, �asurtlweu al asurrincu p OWNERS' AND CONTRACTORS' Liberty Mutual LIBERTY PROTECTIVE LIABILITY Insurance Company DECLARATIONS I ACCOUNT SUBAM..ND MUTUAL. All I 07 97 17 0003 I.,I Mvltutu,llnwrsnrt;r.�,.(+..t.., LILY NO TDiCD SALES OFFICE CODE I SALES REPRESENTATIVE CODE I NIR I I.ST YR.LIAIR POL. TF1_ 141-079717-309 32/ St. Louis 442 Emmerich 6404 1 89 Item 1. Named Insured City of Jefferson 320 E. McCarty St. Address Jefferson City, MO 65101 The named insured is: f❑ Individual, [] Partnership, i] Corporation. []:Other Municipality Business of named insured is: Not Stated W Day liar 1/0. Day Year Item 2. Policy Period: From 5 8 89 to 5 8 90 12:01 A.M., standard time at the address of the named insured as stated herein. Item 3. In return for the payment of the premium,and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE AGGREGATE LIMIT $ 2,000,000 BODILY INJURY and PROPERTY DAMAGE LIABILITY $ 1,000,000 each occurrence Item 4. Designation of Contractor Pace Construction Co. 1620 Woodson Rd. ' Mailing Address St. Louis, MO 63114 Location of Covered Operations 1989 Asphalt Overlay Program, Jefferson City, MO ® Check here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable under the terms of this policy. Item 5. Computation of Premium Premium Base Rate Advance Premium Code Classifications No. Cost Per $1,000 of Cost Code 317 Construction Operations 16292 Flat Charge 295. M -Minimum Premium TOTAL ADVANCE PREMIUM $ 295. Audit Basis: ❑ At Expiration, ❑ Annual, ❑ Semi-Annual, ❑ Quarterly, ❑ Monthly, a9 Flat Charge Forms and endorsements attached to this policy: GU 276a, CL 405 his policy, including all endorsements issued herewith, Is hereby countersigned by 0 . . (�� G� *N*9N00* 160 orized prose %4 Loa Cade I p 144 PMrwic Payment I Rating Basis Audit Basis Home State PoI. 9rd i :R 8 NR 0 MO S- — New GPO 4055(7.1.87) _ 8U 2782 111.83) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. L 00 21 1185 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Brad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1) The"nuclear material"(a)isatany"nuclear A. Under any Liability Coverage, to"bodily injury" facility"owned by, or operated by or on be- half of, an insured or (b) has been dis- or"property damage": charged or dispersed therefrom; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in the policy is also an insured under nuclear "spent fuel" or "waste" at any time energy liability policy issued by Nuclear En- possessed, handled, used, processed, ergy Liability Insurance Association, Mutual stored, transported or disposed of by or on Atomic Energy Liability Underwriters, Nu- behalf of an "insured";or clear Insurance Association of Canada or ® any of their successors, or would be an in- (3) The "bodily injury" or "property damage" sured under any such policy but for its ter- arises out of the furnishing by an "insured" mination upon exhaustion of its limit of lia- of services,materials,parts or equipment in bility; or connection with the planning,construction, maintenance, operation or use of any"nu- (2) Resulting from the "hazardous properties clear facility", but if such facility is located of "nuclear material" and with respect to within the United States of America, its ter- which (a) any person or organization is re- ritoriesor possessions or Canada,thisexclu• quired to maintain financial protection pur- lion (3)applies only to "property damage" suant to the Atomic Energy Act of 1954, or to such "nuclear facility" and any property any law amendatory thereof, or(b) the "in- thereat. sured"is.or had this policy not been issued would be, entitled to indemnity from the 2. As used in this endorsement: United States of America, or any agency "Hazardous properties"include radioactive,toxic or thereof, under any agreement entered into explosive properties; by the United States of America, or any agency thereof,with any person or organize- "Nuclear material"means"source material", "Spe- tion. cial nuclear material" or"by-product material": "Source material", "special nuclear material", and B. Under any Medical Payments coverage. to ex- "by-product material" have the meanings given penses incurred with respect to "bodily injury" them in the Atomic Energy Act of 1954 or in any law resulting from the "hazardous properties" of amendatory thereof; "nuclear material" and arising out of the opera- "Spent fuel" means any fuel element or fuel compo- tion of a "nuclear facility" by any person or nent,solid or liquid,which has been used or exposed organization. to radiation in a "nuclear reactor": C. Under any Liability Coverage. to"bodily injury" "Waste" means any waste material (a) containing or "property damage" resulting from the "haz- "by-product material" other than the tailings or ardous properties" of "nuclear material", if: wastes produced by the extraction or concentration � Copyright. insurance Services Office. inc.. 1983. 1984 Page 1 of 2 of uranium or thorium from any ore processed pri- premises where such equipment or device is marily for its "source material" content, and (b) located consists of or contains more than 25 resulting from the operation by any person or organi- grams of plutonium or uranium 233 or any com- zation of any "nuclear facility" included under the bination thereof, or more than 250 grams of first two paragraphs of the definition of "nuclear uranium 235; facility". (d) Any structure, basin, excavation, premises or "Nuclear facility" means: place prepared or used for the storage or dis- (a) Any"nuclear reactor"; posal of"waste"; (b) Any equipment or device designed or used for and includes the site on which any of the foregoing is (1) separating the isotopes of uranium or plu- located, all operations conducted on such site and tooium, (2)processing or utilizing"spent fuel", all premises used for such operations; or (3) handling, processing or packaging "Nuclear reactor"means any apparatus designed or "waste"; used to sustain nuclear fission in a self-supporting (c) Any equipment or device used for the process- chain reaction or to contain a critical mass of fis- ing, fabricating or alloying of "special nuclear sionable material; material"if at any time the total amount of such "Property damage" includes all forms of radioactive material in the custody of the "insured" at the contamination of property. • GU 276a Page 2 of 2 CL 405 (3.88) . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 40 05 86 AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following is added to exclusion j. of COVERAGES(Section 1): Subparagraphs (a)and (d)(i)of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat, smoke or fumes from a hostile fire. As used in this exclusion,a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 1 Copyright, Insurance Services Office, Inc., 1986 LIBERTY MUTUAL. LIABILITY POLICY Liberty Mutual Insurance Group/Boston Liberty Mutual Insurance Company (A mutual insurance company, herein called the Company) This policy is non-assessable.The named insured is hereby notified that by virtue of this policy he is a member of the Company and as such is entitled to vote either in person or by proxy at any and all meetings of the Com- pany and to participate, to the extent and upon the conditions fixed and determined by the board of directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined.The annual meetings of the Company are held at its home office, Boston, Massachusetts, on the third Wednesday of April in each year, at ten o'clock in the morning. This policy is classified for dividend purposes in Dividend Class I — General Class. In witness whereof,the Company has caused this policy to be signed by its President and its Secretary at Boston, Massachusetts,and countersigned on the declarations page by a duly authorized representative of the Company. SIM"ARY MI[a1DiNT 1 • 1 GPO 4078(7.1.87) CL 100. CG 00 01 1185 COMMERCIAL. GENERAL LIABILITY COVERAGE FORM Various provisions in 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 INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V--DEFINITIONS. SECTION I—COVERAGES b. "Bodily injury" or"property damage"for which COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIA- the insured is obligated to pay damages by rea- BILITY son of the assumption of liability in a contract or 1. Insuring Agreement. agreement. This exclusion does not apply to a. We will pay those sums that the insured becomes liability for damages: legally obligated to pay as damages because of (1) Assumed in a contract or agreement that is "bodily injury" or "property damage" to which an "insured contract"; or this insurance applies. No other obligation or (2) That the insured would have in the absence liability to pay sums or perform acts or services is of the contract or agreement. covered unless explicitly provided for under SUP- c. "Bodily injury"or"property damage" for which PLEMENTARY PAYMENTS—COVERAGES AAND B. This insurance applies only to"bodily injury" any insured may be held liable by reason of: and"property damage"which occurs during the (1) Causing or contributing to the intoxication policy period. The "bodily injury" or "property of any person; damage" must be caused by an "occurrence". (2) The furnishing of alcoholic beverages to a The"occurrence"must take place in the"cover- person under the legal drinking age or under age territory".We will have the right and duty to the influence of alcohol; or defend any"suit" seeking those damages. But: (3) Any statute,ordinance or regulation relating' (1) The amount we will pay for damages is lim- to the sale, gift, distribution or use of alco- ited as described in SECTION III—LIMITS holic beverages. OF INSURANCE; This exclusion applies only if you are in the (2) We may investigate and settle any claim or business of manufacturing, distributing, sell- "suit"at our discretion; and ing, serving or furnishing alcoholic beverages. (3) Our right and duty to defend end when we d. Any obligation of the insured under a workers have used up the applicable limit of insur- compensation, disability benefits or unemploy- ance in the payment of judgments or settle- ment compensation law or any similar law. ments under Coverages A or B or medical expenses under Coverage C. e. "Bodily injury"to: b. Damages because of "bodily injury" include (1) An employee of the insured arising out of damages claimed by any person or organization and in the course of employment by the for care, loss of services or death resulting at any insured; or time from the"bodily injury". (2) The spouse, child, parent, brother or sister c. "Property damage"that is loss of use of tangible of that employee as a consequence of (1) property that is not physically injured shall be above. deemed to occur at the time of the"occurrence" This exclusion applies: that caused it. (1) Whether the insured may be liable as an 2. Exclusions. employer or in any other capacity; and This insurance does not apply to: (2) To any obligation to share damages with or a. "Bodily injury" or "property damage" expected repay someone else who must pay damages or intended from the standpoint of the insured. because of the injury. ® This exclusion does not apply to "bodily injury" This exclusion does not apply to liability as- resulting from the use of reasonable force to sumed by the insured under an "insured con• protect persons or property, tract". .�.,� 1 of 9 1 "� Copyright, Insurance Services Office. Inc., 1982, 1984 t. (1) "Bodily injury" or "property damage" aris- (5) "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threatened ing out of the operation of any of the equip- discharge, dispersal, release or escape of ment listed in paragraph f.(2)or CM of the pollutants: definition of "mobile equipment" (Section (a) At or from premises you own, rent or V.8). OCCUPY: h. "Bodily injury"or"pro pertydamage"ansingout (b) At or from any site or location used by or of: for you or others for the handling, stor- (1) The transportation of "mobile equipment" age, disposal. processing or treatment by an"auto"owned or operated by or rented of waste. or loaned to any insured; or (c) Which are at any time transported,han- (2) The use of"mobile equipment" in, or while dled. stored, treated, disposed of, or in practice or preparation for,a prearranged processed as waste by or for you or any racing,speed or demolition contest or in any person or organization for whom you stunting activity. may be legally responsible; or i, "Bodily injury"or"property damage"duetowar, (d) At or from any site or location on which whether or not declared, or any act or condition you or any contractors or subcontractors incident to war.War includes civil war, insurrec- working directly or indirectly on your tion, rebellion or revolution. This exclusion ap- behalf, are performing operations: plies only to liability assumed under a contract 0) if the pollutants are brought on or to or agreement. the site or location in connection j. "Property damage" to: with such operations; or (1) Property p y you own, rent, or occupy; (ii) if the operations are to test for, (2) Premises you sell, give away or abandon, if monitor,clean up,remove,contain, the"property damage"arisesoutof any part treat, detoxify or neutralize the pol- of those premises. lutants. (2) Any luss, cost, or expense arising out of any (3) Property loaned to you; governmental direction or request that you (4) Personal property in your care, custody or test for, monitor,clean up,remove,contain, control; treat, detoxify or neutralize pollutants. (5) That particular part of real property on Pollutants means any solid, liquid, gaseous which you or any contractors or subcontrac- or thermal irritant or contaminant, including tors working directly or indirectly on your smoke,vapor, soot,fumes,acids,alkalis,chem- behalf are performing operations, if the icals and waste. Waste includes materials to be "property damage"arises out of those oper- recycled, reconditioned or reclaimed. ations; or g. "Bodily injury"or"property damage"arisingout (6) That particular part of any property that of the ownership, maintenance, use or entrust- must be restored, repaired or replaced be- cause your work was incorrectly per- formed to others of any aircraft. "auto" or water- formed on it. craft owned or operated by or rented or loaned to Paragraph (2)of this exclusion does not apply if any insured. Use includes operation and "load- the premises are " " and were never ing or unloading". occupied, rented or held for rental by you. This exclusion does not apply to: Paragraphs(3), (4). (5)and(6)of this exclusion (1) A watercraft while ashore on premises you do not apply to liability assumed under a side- own or rent; track agreement. Paragraph(6)of this exclusion does not apply to (2) A watercraft you do not own that is: "property damage" included in the "products- (a) Less than 26 feet long; and completed operations hazard". (b) Not being used to carry persons or prop- k. "Property damage"to"your product"arising out erty for a charge; of it or any part of it. (3) Parking an"auto"on,or on the ways next to, I. "Property damage"to"your work"arising out of premises you own or rent, provided the it or any part of it and included in the"products- ..auto"is not owned by or rented or loaned to completed operations hazard". you or the insured; This exclusion does not apply if the damaged (4) Liability assumed under any "insured con- work or the work out of which the damage tract" for the ownership, maintenance or arises was performed on your behalf by a sub. use of aircraft or watercraft; or contractor. 2 of 9 CL 100 m. "Property damage" to "impaired property" or (2) Arising out of the conduct of your business, property that has not been physically injured, excluding advertising, publishing, broad- arising out of: casting or telecasting done by or for you. (1) A defect, deficiency, inadequacy or dan- C. This insurance applies to "advertising injury" gerous condition in "your product"or"your only if caused by an offense committed: work or (1) In the"coverage territory"during the policy (2) A delay or failure by you or anyone acting on period; and your behalf to perform a contract or agree- (2) In the course of advertising your goods, ment in accordance with its terms. products or services. This exclusion does not apply to the loss of use of 2. Exclusions. other property arising out of sudden and acci- dental physical injury to"your product"or"your apply work" after it has been put to its intended use. a. "Personal injury"or"advertising injury": n. Damages claimed for any loss, cost or expense (1) Arising out of oral or written publication of incurred by you or others for the loss of use, material, if done by or at the direction of the withdrawal, recall, inspection, repair, replace- insured with knowledge of its falsity; ment. adjustment, removal or disposal of: (2) Arising out of oral or written publication of (1) "Your product"; material whose first publication took place (2) "Your work"; or before the beginning of the policy period; (3) "Impaired property"; (3) Arising out of the willful violation of a penal if such product, work, or property is withdrawn statute or ordinance committed by or with the consent of the insured; or or recalled from the market or from use by any person or organization because of a known or (4) For which the insured has assumed liability suspected defect, deficiency, inadequacy or in a contract or agreement. This exclusion dangerous condition in it. does not apply to liability for damages that Exclusions c. through n. do not apply to damage by the insured would have in the absence of the fire to premises rented to you. A separate limit of contract or agreement. insurance applies to this coverage as described in b. "Advertising injury"arising out of: SECTION III—LIMITS OF INSURANCE. (1) Breach of contract, other than misap- COVERAGE B. PERSONAL AND ADVERTISING INJURY LIA- propriation of advertising ideas under an BILITY implied contract; 1. Insuring Agreement. (2) The failure of goods, products or services to a. We will pay those sums that the insured becomes conform with advertised quality or perfor- legally obligated to pay as damages because of mance; "personal injury"or"advertising injury" to which (3) The wrong description of the price of goods, this insurance applies. No other obligation or products or services; or liability to pay sums or perform acts or ser- (4) An offense committed by an insured whose vices is covered unless explicitly provided for un- business is advertising, broadcasting, pub- der SUPPLEMENTARY PAYMENTS—COVER- lishing or telecasting. AGES A AND B.We will have the right and duty to COVERAGE C. MEDICAL PAYMENTS defend any suit seeking those damages. But: (1) The amount we will pay for damages is lim-. 1. Insuring Agreement. ited as described in SECTION III—LIMITS a. We will pay medical expenses as described be- OF INSURANCE; low for"bodily injury" caused by an accident: (2) We may investigate and settle any claim or (1) On premises you own or rent; "suit"at our discretion; and (2) On ways next to premises you own or rent;or (3) Our right and duty to defend end when we (3) Because of your operations; have used up the applicable limit of insur- ance in the payment of judgments or settle- provided that: ments under Coverages A or B or medical (1) The accident takes place in the "coverage expenses under Coverage C. territory" and during the policy period; ® b. This insurance applies to "personal injury" only (2) The expenses are incurred and reported to if caused by an offense: us within one year of the date of the acci- (1) Committed in the "coverage territory" dur. dent; and ing the policy period; and 1 (3) The injured person submits to examination, 3 of 9 CL 100 at our expense, by physicians of our choice 7. All interest on the full amount of any judgment that as often as we reasonably require. accrues after entry of the judgment and before we b. We will make these payments regardless of fault. have paid, offered to pay, or deposited in court the These payments will not exceed the applicable part of the judgment that is within the applicable limit of insurance. We will pay reasonable ex- limit of insurance. penses for: These payments will not reduce the limits of insurance. (1) First aid at the time of an accident: SECTION 11—WHO IS AN INSURED (2) Necessary medical, surgical, x-ray and den. 1. If you are designated in the Declarations as: tal services. including prosthetic devices; a. An individual,you and your spouse are insureds. and but only with respect to the conduct of a busi- (3) Necessary ambulance, hospital, profes- ness of which you are the sole owner. sional nursing and funeral services. b. A partnership or joint venture, you are an in- s. Exclusions. sured. Your members, your partners. and their We will not pay expenses for "bodily injury"- spouses are also insureds, but only with respect a. To any insured. to the conduct of your business. 'b. To a person hired to do work for or on behalf of C. An organization other than a partnership or joint any insured or a tenant of any insured. venture, you are an insured. Your executive of- ficers and directors are insureds, but only with c. To a person injured on that part of premises you respect to their duties as your officers or direc- own or rent that the person normally occupies. tors. Your stockholders are also insureds, but d. To a person, whether or not an employee of any only with respect to their liability as stock- insured, if benefits for the "bodily injury" are holders. payable or must be provided under a workers 2. Each of the following is also an insured: compensation or disability benefits law or a sim- a. Your employees, other than your executive of- ilar law, ficers, but only for acts within the scope of their a. To a person injured while taking part in athletics. employment by you. However, none of these em- f. Included within the "products-completed oper- ployees is an insured for: ations hazard". (1) "Bodily injury"or"personal injury"to you or g. Excluded under Coverage A. to a co-employee while in the course of his or h. Due to war,whether or not declared,or any act or her employment; or condition incident to war.War includes civil war, (2) "Bodily injury" or"personal injury" arising insurrection, rebellion or revolution. out of his or her providing or failing to pro- SUPPLEMENTARY PAYMENTS—COVERAGES A AND D vide professional health care services;'or (3) "Property damage" to property owned or We wil I pay,with respect to any claim or"suit"we defend: occupied by or rented or loaned to that em- 1. All expenses we incur. ployee, any of your other employees, or any 2. Up to$250 for cost of bail bonds required because of of your partners or members (if you are a accidents or traffic law violations arising out of the partnership or joint venture). use of any vehicle to which the Bodily Injury Liability b. Any person (other than your employee), or any Coverage applies. We do not have to furnish these organization while acting as your real estate bonds. manager. 3. The cost of bonds to release attachments, but only C. Any person or organization having proper tempo- for bond amounts within the applicable limit of in- rary custody of your property if you die, but only: surance. We do not have to furnish these bonds. (1) With respect to liability arising out of the 4. All reasonable expenses incurred by the insured at maintenance or use of that property; and our request to assist us in the investigation or de- (2) Until your legal representative has been ap- fense of the claim or"suit", including actual loss of pointed. earnings up to $100 a day because of time off from d. Your legal representative if you die, but only with work. respect to duties as such. That representative 5. All costs taxed against the insured in the "suit". will have all your rights and duties under this 6. Pre-judgment interest awarded against the insured Coverage Part. on that part of the judgment we pay, If we make an 3. With respect to "mobile equipment" registered in offer to pay the applicable limit of insurance, we will your name under any motor vehicle registration law. not pay any pre-judgment interest based on that any person is an insured while driving such equip- ' period of time after the offer, lnent along a public highway with your permission. 4 of 9 CL 100 Any other person or organization responsible for the for the sum of all damages because of all "personal conduct of such person is also an insured, but only injury"and all "advertising injury"sustained by any with respect to liability arising out of the operation of one person or organization. the equipment,and only if no other insurance of any 5. Subject to 2. or 3. above, whichever applies. the kind is available to that person or organization for Each Occurrence Limit is the most we will pay for the this liability. However,no person ororganization is an sum of: insured with respect to: a. Damages under Coverage A; and a. "Bodily injury" to a co-employee of the person driving the equipment; or b. Medical expenses under Coverage C b. **Property damage"to propertyowned by,rented . because of all "bodily injury" and "property dam- to. in the charge of or occupied by you or the age" arising out of any one "occurrence". employer of any person who is an insured under 6. Subject to 5. above, the Fire Damage Limit is the this provision. most we will pay under Coverage A for damages 4. Any organization you newly acquire or form, other because of"property damage"to premises rented to than a partnership or joint venture, and over which you arising out of any one fire. you maintain ownership or majority interest, will be 7. Subject to 5. above, the Medical Expense Limit is deemed to be a Named Insured if there is no other the most we will pay under Coverage C for all medical similar insurance available to that organization. expenses because of "bodily injury" sustained by However: any one person. a. Coverage under this provision is afforded only The limits of this Coverage Part apply separately to each until the 90th day after you acquire or form the consecutive annual period and to any remaining period of organization or, the end of the policy period, less than 12 months, starting with the beginning of the whichever is earlier; policy period shown in the Declarations, unless the pol- b. Coverage A does not apply to "bodily injury" or icy period is extended after issuance for an additional "property damage"that occurred before you ac- period of less than 12 months. In that case, the addi- quired or formed the organization; and tional period will be deemed part of the last preceding c. Coverage B does not apply to"personal injury' or period for purposes of determining the Limits of I nsur- "advertising injury" arising out of an offense ance. committed before you acquired or formed the SECTION IV—COMMERCIAL GENERAL LIABILITY CONDI- organization. TIONS No person or organization is an insured with respect to 1. Bankruptcy. the conduct of any current or past partnership or joint Bankruptcy or insolvency of the insured or of the venture that is not shown as a Named Insured in the i,nsured's estate will not relieve us of our obligations Declarations. under this Coverage Part. SECTION III—LIMITS OF INSURANCE 2. Duties In The Event Of Occurrence,Claim Or Suit. 1. The Limits of Insurance shown in the Declarations a. You must see to it that we are notified promptly and the rules below fix the most we will pay re- of an "occurrence"which may result in a claim. gardless of the number of: Notice should include: a. Insureds; (1) How,when and where the"occurrence"took b. Claims made or "suits" brought; or place; and c. Persons or organizations making claims or bring- (2) The names and addresses of any injured ing "suits". persons and witnesses. 2. The General Aggregate Limit is the most we will pay b. If a claim is made or "suit" is brought against for the sum of: any insured, you must see to it that we receive a. Medical expenses under Coverage C; and prompt written notice of the claim or"suit". b. Damages under Coverage A and Coverage B, c. You and any other involved insured must: except damages because of injury and damage (1) Immediately send us copies of any de- included in the"products-completed operations mands, notices, summonses or legal papers hazard". received in connection with the claim or 3. The Products-Completed Operations Aggregate "suit"; • Limit is the most we will pay under Coverage A for (2) Authorize us to obtain records and other damages because of injury and damage included in information; the "products-completed operations hazard". (3) Cooperate with us in the investigation, set. 4. Subject to 2. above, the Personal and Advertising tlement or defense of the claim or "suit"; Injury Limit is the most we will pay under Coverage B and 5 of 9 CL 100 (4) Assist us, upon our request, in the enforce- When this insuraiice is excess over other insur- ment of any right against any person or orga- ance,we will pay only our share of the amount of nization which may be fable to the insured the loss, if any, that exceeds the sum of: because of injury or damage to which this (1) The total amount that all such other insur- insurance may also apply. ance would pay for the loss in the absence of d. No insureds will,except at their own cost,volun- this insurance: and tarily make a payment. assume any obligation, (2) The total of all deductible and self-insured or incur any expense. other than for first aid, amounts under all that other insurance. without our consent. We will share the remaining loss, if any,with any 3. Legal Action Against Us. other insurance that is not described in this No person or organization has a right under this Excess Insurance provision and was not bought Coverage Part: specifically to apply in excess of the Limits of a. To join us as a party or otherwise bring us into a Insurance shown in the Declarations of this Cov- "suit" asking for damages from an insured;or erage Part. b. To sue us on this Coverage Part unless all of its c. Method of Sharing terms have been fully complied with. If all of the other insurance permits contribution A person or organization may sue us to recover on an by equal shares,we will follow this method also. agreed settlement or on a final judgment against an Under this approach each insurer contributes insured obtained after an actual trial;but we will not equal amounts until it has paid its applicable be liable for damages that are not payable under the limit of insurance or none of the loss remains. terms of this Coverage Part or that are in excess of the whichever comes first. applicable limit of insurance. An agreed settlement If any of the other insurance does not permit means a settlement and release of liability signed by contribution by equal shares, we will contribute us, the insured and the claimant or the claimant's by limits. Under this method, each insurer's legal representative. share is based on the ratio of its applicable limit 4. Other Insurance. of insurance to the total applicable limits of If other valid and collectible insurance is available to insurance of all insurers. the insured for a loss we cover under Coverages A or B 5. Premium Audit. of this Coverage Part, our obligations are limited as a. We will compute all premiums for this Coverage follows: Part in accordance with our rules and rates. a. Primary Insurance b. Premium shown in this Coverage Part as ad- This insurance is primary except when b. below vance premium is a deposit premium only.At the applies. If this insurance is primary, our obliga- close of each audit period we will compute the tions are not affected unless any of the other earned premium for that period. Audit pre- insurance is also primary. Then, we will share miums are due and payable on notice to the first with all that other insurance by the method de- Named Insured. If the sum of the advance and scribed in c. below. audit premiums paid for the policy term is b. Excess Insurance greater than the earned premium, we will return the excess to the first Named Insured. This insurance is excess over any of the other c. The first Named Insured must keep records of insurance, whether primary, excess, contingent the information we need for premium computa- or on any other basis: tion,and send us copies at such times as we may (1) That is Fire, Extended Coverage. Builder's request. Risk, Installation Risk or similar coverage 6. Representations. for"your work"; By accepting this policy, you agree: (2) That is Fire insurance for premises rented to a. The statements in the Declarations are accurate you; or and complete; (3) If the loss arises out of the maintenance or b. Those statements are based upon representa- use of aircraft, "autos" or watercraft to the tions you made to us; and extent not subject to Exclusion g. of Cover. age A (Section 1). c. We have issued this policy in reliance upon your When this insurance is excess, we will have no representations. duty under Coverage A or B to defend any claim T• Separation Of Insureds. or "suit" that any other insurer has a duty to Except with respect to the Limits of Insurance, and defend. If no other insurer defends, we will un- any rights or duties specifically assigned in this Cov. dertake to do so, but we will be entitled to the serage Part to the first Named Insured,this insurance insured's rights against all those other insurers. applies: 6 of 9 CL 100 a. As if each Named Insured were the only Named that is known or thought to be defective, defi- Insured; and cient, inadequate or dangerous; or b. Separately to each insured against whom claim b. You have failed to fulfill the terms of a contractor is made or"suit" is brought. agreement; ® 8. Transfer Of Rights Of Raccnery Against Others To Us. if such property can be restored to use by: If the insured has rights to recover all or part of any a. The repair, replacement,adjustment or removal payment we have made under this Coverage Part, of"your product"or"your work",or those rights are transferred to us. The insured must b. Your fulfilling the terms of the contract or agree- do nothing after loss to impair them.At our request, ment. the insured will bring"suit"or transferthose rights to S. "Insured contract" means: us and help us enforce them. SECTION V--DEFINITIONS a. A lease of premises; 1. "Advertising injury" means injury arising out of one b. A sidetrack agreement; or more of the following offenses: c. An easement or license agreement in connection a. Oral or written publication of material that slan- with vehicle or pedestrian private railroad cross- ders or libels a person or organization or dis- ings at grade; parages a person's or organization's goods, prod- d. Any other easement agreement, except in con- ucts or services; nection with construction or demolition opera- b. Oral or written publication of material that vio- tions on or within 50 feet of a railroad; lates a person's right of privacy; e. An indemnification of a municipalityas required c. Misappropriation of advertising ideas or style of by ordinance,except in connection with work for doing business; or a municipality; d. Infringement of copyright, title or slogan. E An elevator maintenance agreement;or 2. "Auto" means a land motor vehicle, trailer or semi- g. That part of any other contract or agreement trailer designed for travel on public roads, including pertaining to your business under which you any attached machinery or equipment. But "auto" assume the tort liability of another to pay dam- does not include"mobile equipment". ages because of "bodily injury" or "property 3. "Bodily injury"means bodily injury, sickness or dis- damage"to a third person or organization, if the ease sustained by a person, including death result- contract or agreement is made prior to the ing from any of these at any time. "bodily injury" or "property damage". Tort lia- 4. "Coverage territory" means: bility means a liability that would be imposed by law in the absence of any contract or agreement. a. The United States of America,(including its ter- An "insured contract"does not include that part of ritories and possessions), Puerto Rico and any contract or agreement: Canada; b. International waters or airspace, provided the a. That indemnifies an architect, engineer or sur- injury or damage does not occur in the course of veyor for injury or damage arising out of: travel or transportation to or from any place not (1) Preparing,approving or failing to prepare or included in a. above; or approve maps, drawings,opinions, reports, C. All parts of the world if: surveys, change orders, designs or specifi- cations; or (1) The injury or damage arises out of: (2) Giving directions or instructions, or failing (a) Goods or products made or sold by you to give them, if that is the primary cause of in the territory described in a.above;or the injury or damage; (b) The activities of a person whose home is b. Under which the insured, if an architect, engi- in the territory described in a. above, neer or surveyor, assumes liability for injury or but is away for a short time on your damage arising out of the insured's rendering or business; and failing to render professional services, including (2) The insured's responsibility to pay damages those listed in a.above and supervisory, inspec- is determined in a "suit" on the merits, in tion or engineering services; or the territory described in a. above or in a c. That indemnifies any person or organization for settlement we agree to. damage by fire to premises rented or loaned to 5. "Impaired property" means tangible property, other you. than "your product" or"your work", that cannot be 7. "Loading or unloading"means the handling of prop. used or is less useful because: erty: a. It incorporates "your product" or "your work" a. %After it is moved from the place where it is 7 of 9 CL 100 accepted for movement into or onto an aircraft, cluding spraying, welding, building clean- watercraft or"auto": ing, geophysical exploration, lighting and b. While it is in or on an aircraft, watercraft or well servicing equipment. "auto":or 9. "Occurrence"means an accident, including contin- c. While it is being moved from an aircraft, water- uous or repeated exposure to substantially the same craft or "auto" to the place where it is finally general harmful conditions. delivered; 10. "Personal injury" means injury, other than "bodily but "loading or unloading" does not include the injury", arising out of one or more of the following movement of property by means of a mechanical offenses: device,other than a hand truck, that is not attached a. False arrest, detention or imprisonment: to the aircraft, watercraft or"auto". b. Malicious prosecution; 8. "Mobile equipment" means any of the following c. Wrongful entry into.or eviction of a person from, types of land vehicles, including any attached ma- a room, dwelling or premises that the person chinery or equipment: occupies; a. Bulldozers, farm machinery, forklifts and other d. Oral or written publication of material that slan- vehicles designed for use principally off public ders or libels a person or organization or dis- roads; parages a person's or organization's goods,prod- b. Vehicles maintained for use solely on or next to ucts or services; or premises you own or rent; e. Oral or written publication of material that vio- e. Vehicles that travel on crawler treads; lates a person's right of privacy. d. Vehicles, whether self-propelled or not, main- 11. a. "Products-completed operations hazard" in- tained primarily to provide mobility to perma- cludes all "bodily injury" and "property dam- nently mounted: age" occurring away from premises you own or (1) Power cranes, shovels, loaders, diggers or rent and arising out of "your product" or "your drills; or work except: (2) Road construction or resurfacing equipment (1) Products that are still in your physical pos- ® session; or such as graders, scrapers or rollers; (2) Work that has not yet been completed or e. Vehicles not described in a., b., c. or d. above abandoned. that are not self-propelled and are maintained primarily to provide mobility to permanently at- b. "Your work" will be deemed completed at the tached equipment of the following types: earliest of the following times: (1) Air compressors, pumps and generators, in- (1) When all of the work called for in your con- cluding spraying, welding, building clean- tract has been completed. ing, geophysical exploration, lighting and (2) When all of the work to be done at the site well servicing equipment; or has been completed if your contract calls for (2) Cherry pickers and similar devices used to work at more than one site. raise or lower workers; (3) When that part of the work done at a job site f. Vehicles not described in a., b., c. or d. above has been put to its intended use by any maintained primarily for purposes other than the person or organization other than another transportation of persons or cargo. contractor or subcontractor working on the same project. However,self-propelled vehicleswith the follow- ing types of permanently attached equipment Work that may need service, maintenance, cor- are not "mobile equipment" but will be consid• rection, repair or replacement, but which is oth- ered"autos": erwise complete, will be treated as completed. (1) Equipment designed primarily for: c. This hazard does not include "bodily injury" or "property damage" arising out of: (a) Snow removal; (1) The transportation of property, unless the (b) Road maintenance, but not construc- injury or damage arises out of a condition in tion or resurfacing; or on a vehicle created by the "loading or • (c) Street cleaning; unloading"of it; (2) Cherry pickers and similar devices mounted (2) The existence of tools, uninstalled equip- on automobile or truck chassis and used to ment or abandoned or unused materials; raise or lower workers, and (3) Products or operations for which the classi- (3) Air compressors, pumps and generators, in- fication in this Coverage Part or in our man- g of 9 CL 100 ual of rules includes products or completed b. Containers (other than vehicles), materials, operations. parts or equipment furnished in connection with , 12. "Property damage" means: such goods or products. a. Physical injury to tangible property,including all "Your product" includes warranties or representa- resulting loss of use of that property; or tions made at any time with respect to the fitness. b. Loss of use of tangible property that is not phys- quality,durability or performance of any of the items ically injured. included in a. and b. above. 13. "Suit" means a civil proceeding in which damages "Your product' does not include vending machines because of "bodily injury", "property damage", or other property rented to or located for the use of "personal injury" or "advertising injury" to which others but not sold. this insurance applies are alleged. "Suit' includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 15. "Your work" means: 14. "Your product"means: a. Work or operations performed by you or on your a. Any goods or products, other than real property, behalf; and manufactured.sold,handled,distributed or dis- b. Materials, parts or equipment furnished in con- posed of by: nection with such work or operations. (1) You; "Your work" includes warranties or representations (2) Others trading under your name; or made at any time with respect to the fitness,quality, (3) A person or organization whose business or durability or performance of any of the items in- assets you have acquired; and eluded in a. or b. above. 9 of 9 CL 100