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HomeMy Public PortalAboutORD11226 BILL NO. 89-17 SPONSORED BY COUNCILMAN SCHEULEN ORDINANCE NO. 112-2-4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MONTGOMERY ELEVATOR COMPANY FOR ELEVATOR MAINTENANCE IN CITY BUILDINGS. 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 Montgomery Elevator Company for elevator maintenance in City buildings. 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,17, /L /Cl�9 Approved esi g Officer or ATTEST: 14L=5�-ic 1A' f City Clerk SERVICE AGREEMENT This Agreement made and enter6d this -- �-= of , 1989, by and between the City of Jefferson, Missouri, a mun.Qcipal corporation, hereinafter referred to as "City, " and Montgomery Elevator Company, hereinafter referred to as "Contractor. " WHEREAS, City and Contractor desire to terminate and cancel all present agreements and understandings by and between them, and in lieu thereof to enter into this Agreement, and WHEREAS, Contractor is willing to enter into this Agreement with respect to his employment and services upon the terms and conditions herein set forth, NOW, THEREFORE, be it agreed as follows: 1. Scope of Work. The work under this Agreement shall consist of Full Service for two (2) hydraulic passenger elevators located at the John G. Christy and Thomas Whitecotton Buildings and hourly rates on one (1) hydraulic passenger elevator at the Lasalette Senior Center; and the six (6) elevators at the pump station. It also includes rates for on-call service. CONTRACTORS FULL MAINTENANCE SERVICE REQUIREMENT To maintain the elevator equipment herein described, using skilled elevator maintenance men, employ all reasonable care to see that the elevator equipment is maintained in proper operating condition To regularly and systematically examine, adjust, lubricate, as required, and if conditions warrant, unless specifically excluded elsewhere in this contract repair or replace the following: Elevator pump, motor, plunger, plunger packing, V-belts, strainers, valves, regulators, controllers including relays, contacts, timers, coils, magnet frames and control wiring. Relamp all signals during regular service time only. To repair and/or replace traveling cable when necessary; replace car guide shoes, gibs, and/or rollers when necessary to insure proper operation, and keep the guide rails properly lubricated, when applicable. The following accessory equipment will be examined, lubricated, adjusted, repaired and/or replaced by Contractor. Door operator, car and hoistway door hangers and tracks, car door contacts, and door protective devices, all door gibs, car and corridor operating stations, alarm bell and buffers. • To conduct a pressure relief test and a yearly leakage test as required by A.N.S. I. A-17 Code. Contractor will assume no responsibility for the following terms of elevator equipment which are not included in this contract: Refinishing, repairing or replacement of car enclosure, fan, gates, and/or doors, hoistway enclosure, rail alignment, hoistway doors, door frames and sills, hoistway gates, finished floorinq, car lighting, power feeders, switches, their wiring and fusing, hydraulic cylinder, and underground piping. 2. Contract Period. This contract shall be in effect from May 15, 1989, through May 14, 1990. 3 . Response Time. Some repairs under this contract are of an emergency nature. Contractor shall provide call-back on service requests within thirty (30) minutes and respond within one and one- half (1/2) hours to any and all service requests pertaining to the elevators of the City or of other requests which are designated as emergency repairs. 4. Prevailing Wage Law. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive, RSMo. 5. Rates. Service will be provided at the following rates: ; John G. Christy Building - $125.00 per month 2-Thomas Whitecotton Building - $135.00 per month Lasalette Senior Center - $68. 10 per hour/$102.15 overtime Pump Stations - $68. 10 per hour/$102 . 15 overtime Any labor provided between the hours of 4:30 p.m. and 8:00 a.m. Mondays through Saturdays shall be charged at a rate 1/2 times the above rates. Any labor provided between 12 :01 a.m. Sundays through 8: 00 a.m. Mondays shall be at a rate two times the above rates. The City will be billed only for the difference between the regular billing rate and the overtime billing rate. 6. Parts and Materials. City shall provide materials and supplies necessary to complete the work unless City elects not to so provide. In the event the City does not provide materials or supplies, the Contractor shall provide the same and will be reimbursed for his costs for which he shall provide invoices. 7. Unclassified Work. Should the nature of a repair require labor, equipment and/or material not susceptible to classification under any items scheduled in the contract, the City can authorize the use of the unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and the repairs plus ® reasonable travel time and will consist of the individual 's hourly rate plus hourly fringe benefits plus employer's payroll contributions with a fifteen percent (15%) additional for overhead and profit. Aft Payment for equipment not susceptible to classification under any scheduled items in the contract, will be limited to: a. For equipment rented by the vendor, the actual rental Paid. b. For equipment owned by the vendor, the monthly rental rate charged by recognized rental organizations times the number of hours the equipment was necessary for repairs plus reasonable travel time from the storage location to the site, all divided by one hundred seventy-six (176) hours. Payment for material not susceptible to classification under any scheduled items in the contract, will be the actual invoice cost to Contractor. Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the unclassified labor, equipment and/or material. The breakdown shall include information and documentation sufficient to substantiate the Contractor's claim. 8. Inspection. Unless the nature and extent of the work is known to the City, the Contractor will first receive a request to inspect the proposed work and provide a written report of the following to City Administrator or his designee: Aft a. Description of the work necessary. b. A list of the materials, parts, and supplies needed to complete the work. C. An estimate of work hours. 9. Authorization to Repair, Once the City Finance Director determines the estimate of work hours and material, parts and supplies required are reasonable, the report will be forwarded to the appropriate department for preparation of a requisition for the work. Upon receipt of the purchase order, or purchase order number for the work, the Contractor may begin work as soon as the materials, parts and supplies are made available. In the event that the repair is of an emergency nature, Contractor shall proceed to make the repair as expeditiously as possible and secure all necessary paperwork after the repair is completed. 10. Normal Work Hours. The quantity of work during normal work hours for which payment will be made will be for work man hours actually performed at the site. Payment for normal work hours will be paid for the quantity as above determine at the unit price shown above, which price includes cost of labor, equipment normally associated with the type of repair, travel, benefits, overhead. profit, insurance and else necessary therefor and incidental thereto. 11. Overtime Work Hours. a. The quantity of work during the overtime work hours from 4. 30 p.m. trough 8:00 a.m. for which payment will be made will be the number of overtime work man hours actually performed at the site. Payment for overtime work hours during this period will be paid for the quantity as above determined at one and one-half (1/2) times the unit price, which price includes cost of labor, equipment normally associated with the type of repairs, travel, benefits, overhead, profit, insurance and all else necessary therefor and incidental thereto. b. The quantity of work during overtime work hours from 12:01 a.m. Sundays through 8:00 a.m. Monday for which payment will be made will be the number of overtime work man hours actually performed at the site. Payment for this overtime work will be paid for the quantity as above determined at twice the unit price, which price includes cost of labor, equipment normally associated with the type of repairs, travel, benefits, overhead, profit, insurance and all else necessary therefor and incidental thereto. 12. Insurance. The Contractor shall furnish certificates of the types of insurance indicated below. The City must be specifically named as an additional insured under the policies for the purpose of this contract or may be covered through an Owner's Protective Liability Policy issued in the name of the City. This certificate must be returned with the signed contract. . Type Limits General Liability 100,000/800,000 Contractual Insurance 100,000/800,000 Worker's Compensation Statutory Bodily Injury 100, 000/800, 000 Property Damage 100, 000/800,000 13. Payment. Payment shall be made to contractor by City on a monthly basis following the submission by Contractor of an itemized, detailed statement of services rendered which shall be presented to the Finance Department of City no later than the 5th day of the month following rendition of the service. 14. Service Report. Upon completion of any service under the terms of this contract, Contractor shall provide City with a written service report indicating what service was performed including a schematic diagram showing the repair or maintenance. 15. Specifications Incorporated. The bid specifications for this contract are hereby incorporated and made a part of this contract except to the extent they conflict with the provisions of this contract. The provisions of this contract shall prevail over any other documents involved in the contracting process. 16. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions, this contract may be cancelled at the sole option of the City upon giving ten (10) days' written notice to Contractor. 17. Cancellation. This contract shall be subject to cancellation by the City at any time following forty-five (45) days' notice. 18. Contractor's Responsibility Limitations. Contractor shall not be obligated to make other safety tests, or to install new attachments whether or not recommended or directed by insurance companies, or by federal, state, municipal, or other governmental or non-governmental authorities. Contractor shall not be required to make renewals or repairs necessitated by the negligence, misuse or obsolescence of the equipment or any other cause beyond its control except ordinary wear and tear. 19. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by hand or mailed by first class United States mail, postage prepaid, if to the owner to 320 E. McCarty, Jefferson City, Missouri 65101, and if to the AM Contractor 430 West 7th Street, Kansas City, Missouri 64105. ny IN WITNESS WHEREOF the parties hereto have set their hands and seals on the day and year first above written. CITY OF JEFFERSON, MISSOURI May ATTEST: ` e.-C .- /A - �J City Clerk MONTGOMERY ELEVATOR COMPANY Title: RiCNAR9!.RM,VICE MRfSIDENT SERVICE SALES MANAGER ATTEST: Sec ry COVERAGE IS PROVIDED PY THE COMPANY NAMED NATIONAL UNION FIRE INSURANCE ON THE DECLARATIONS PAGE. COMPANY OF PITTSBURGH,PA A STOCK INSURANCE COMPANY(HEREIN CALLED THE COMPANY) AMERICAN HOME ASSURANCE COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THE BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA COMMERCE AND INDUSTRY INSURANCE COMPANY 01MMember Companies of American International Group, Inc. EXECUTIVE OFFICES 70 PINE STREET NEW YORK,N.Y. 10270 COMMERCIAL LINES POLICY THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS BJP 19M(Ed. 11.85) 46115(7/67) OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART S R-19 8-A DECLARATIONS Policy No. F I•t G L A2 4 9-6,4 9 9 Effective Date: 6/8/89 ; National Union Fire Insurance 12:01 A.M., Standard Time Company of Pittsburgh , PA DESIGNATION OF CONTRACPOR Designation of Contractor and Mailing Address C i t y of Jefferson City , M i s s o u r i Montgomery Elevator Company 320 East McCarty Street One Montgomery Court Jefferson Clty , 110 Moline , IL 61265 LOCATION OF COVERED OPERATIONS John G . Christy Building and 032-0727 and Time andMaterial Thomas White Cotton Building , $4, 820 Lasalette Senior Center and ex Tres 5/14/90 Pump Stations (time and Materia LIMITS OF INSURANCE Aggregate Limit $ 2 ,000 ,000 Each Occurrence Limit $ 2 ,0 0 0,n n n BUSINESS DESCRIPTION Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership ❑ Organization (Other than Partnership or Joint Venture) Business Description*: Construction of Elevators - Corporation PREMIUM Rate per Classification Code No. Premium Basis $1,000 of Cost Advance Premium Total Advance Premium $ FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: CL102 GU276a *Information omitted if shown elsewhere in the policy. **Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CL 152 (Ed. 11.85) Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright, Insurance Services Off Ice, Inc., 1984 ROORD. CE�FIC,ATE OF IiVSUMNCE ISSUE DATE(MM/DD/YV) ^ `� 6/8/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, OLLINS BURDICK HUNTER OF ILLINOIS, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 23 North Wacker Drive COMPANIES AFFORDING COVERAGE Chicago, Illinois 60606 COMPANY National Union Fire Insurance LETTER A Company of Pittsburgh, PA COMPANY B INSURED LETTER Montgomery Elevator Company COMPANY One Montgomery Court LETTER C Moline, Illinois 61265 COMPANY LETTER D COMPANY E LETTER COVERAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE(MWDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE i 5,000, A X COMMERCIAL GENERAL LIABILITY RMGLA249-6498 6/30/88 6/30/91 PRODUCTS•COMP/OPS AGGREGATE $ 5,000, CLAIMS MADE X OCCUR. PERSONAL 8 ADVERTISING INJURY S 2,000, X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 2,000 FIRE DAMAGE(Any one fire) S 2,000, MEDICAL EXPENSE(Any one person) S AUTOMOBILE LIABILITY COMBINED ANY AUTO RMBA14589-44 6/30/88 6/30/91 LIM TLE s 2,000, BODILY ALL OWNED AUTOS (Ex. Texas) INJURY S SCHEDULED AUTOS RMBATX14589-45 6/30/88 6/30/91 (Perpenwn) INCL. X HIRED AUTOS (Texas) BODILY / X NON-OWNED AUTOS (Per accident) INCL. GARAGE LIABILITY PROPERTY $ DAMAGE INCL. EXCESS LIABILITY EACH AGGREGATE OCCURRENCE S. S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION RMWC112-6336 06/30/88 06/30/91 STATUTORY A AND (California) $ 2,000, (EACH ACCIDENT) RMWC112-6337 06/30/88 06/30/91 $ 2,000, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY 2 (A/0 States) = 2,000, (DISEASE—EACH EMPLOYEE OTHER ES RIPTI OF RAT ONS/LOC ION E I LES/RE8TRIC 10 SPECIAL ITO onn . `��ir� stI u�� �r(ng an� )� omas Vhlte Cotton Building (032-0727) , Lasalette Senior Center and Pump Stations ( time and material ) 0 2- CERTiFICATE HOLDER CANCELLATION City of Jefferson City , Missouri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 320 East McCarty Street EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO f e r s o n City , MO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHOR EO REPRESENTATIVE ACORD 26-S(3/813) ACORD CORPORATION 1888 lea/CER-16-3 CL 102 CG 00 09 1185. (11-85) OWNERS ARID 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 INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I—COVERAGES or intended from the standpoint of the insured. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to 1. Insuring Agreement. protect persons or property. a. We will paythose sumsthat the insured becomes b. "Bodily injury"or"property damage"for which legally obligated to pay as damages because of the insured is obligated to pay damages by rea- "bodily injury" or "property damage" to which Son of the assumption of liability in a contract or this insurance applies. No other obligation or agreement. This exclusion does not apply to liability to pay sums or perform acts or services is liability for damages: covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance (1) Assumed in a contract or agreement that is applies only to "bodily injury" and "property an "insured contract"; or damage"which occurs during the policy period. (2) That the insured would have in the absence The "bodily injury" or "property damage" must of the contract or agreement. be caused by an "occurrence" and arise out of: c. "Bodily injury" or"property damage"which oc- (1) Operations performed for you by the curs after the earliest of the following times: "contractor"at the location specified in the (1) When all "work" on the project (other than Declarations; or service, maintenance or repairs) to be per- (2) Your acts or omissions in connection with formed for you by the "contractor" at the the general supervision of such operations. site of the covered operations has been com- We will have the right and duty to defend any pleted; or "suit" seeking those damages. But: (2) When that portion of the "contractor's" (1) The amount we will pay for damages is lim- "work", out of which the injury or damage ited as described in SECTION III—LIMITS arises, has been put to its intended use by OF INSURANCE; any person or organization. This exclusion does not apply to any contractor or sub- (2) We may investigate and settle any claim or contractor working directly or indirectly for of at our discretion; and the "contractor" or as part of the same (3) Our right and duty to defend end when we project. have used up the applicable limit of insur- d. "Bodily injury"or"property damage"arising out ance in the payment of judgments or settle- of your, or your employees' acts or omissions ments. other than general supervision of "work" per- b. Damages because of "bodily injury" include formed for you by the "contractor". damages claimed by any person or organization e. Any obligation of the insured under a workers for care, loss of services or death resulting at any compensation, disability benefits or unemploy- time from the "bodily injury", ment compensation law or any similar law. c. "Property damage"that is loss of use of tangible f. "Bodily injury" to: property that is not physically injured shall be deemed to occur at the time of the"occurrence" (1) An employee of the insured arising out of . that caused it, and in the course of his employment by the 2. Exclusions. insured; This insurance does not apply to: (2) The spouse, child, parent, brother, or sister of that employee as a consequence of (1) a. "Bodily injury" or "property damage" expected above. Copyright Insurance Services offices, Inc., 1984 This exclusion applies: (2) Any loss, cost, or expense arising out of any (1) Whether the insured may be liable as an governmental direction or request that you employer or in any other capacity; and test for, monitor,clean up, remove, contain, (2) To any obligation to share damages with or treat, detoxify or neutralize the pollutants. repay someone else who must pay damages Pollutants means any solid, liquid, gaseous or because of the injury. thermal irritant or contaminant, including This exclusion does not apply to liability as- smoke,vapor, soot, fumes,acids,alkalis,chem- icals and waste. Waste includes materials to be sumed by the insured under an "insured con- recycled, reconditioned or reclaimed. tract". g. "Property damage" to: k. "Property damage" to "impaired property" or property that has not been physically injured, (1) Property you own, rent, or occupy; arising out of: (2) Property loaned to you; (1) A defect, deficiency, inadequacy or dan- (3) Personal property in your care, custody or gerous condition in "work" performed for control; or you by the "contractor"; or (4) "Work" performed for you by the "con- (2) A delay or failure by you or anyone acting on tractor". your behalf to perform a contract or agree- h. "Bodily injury"or"property damage"due towar, ment in accordance with its terms. whether or not declared, or any act or condition This exclusion does not apply to the loss of use of incident to war.War includes civil war, insurrec- other property arising out of sudden and acci- tion, rebellion or revolution. This exclusion ap- dental physical injury to "work" performed for plies only to liability assumed under: you by the "contractor". (1) An "insured contract"; or SUPPLEMENTARY PAYMENTS (2) Expenses for first aid. We will pay, with respect to any claim or "suit" we de- fend: L "Bodily injury"or"property damage"arising out 1. All expenses we incur. of the use of"mobile equipment" in,or while in practice or preparation for,a prearranged racing, 2. Up to$250 for cost of bail bonds required because of speed or demolition contest or in any stunting accidents or traffic law violations arising out of the activity. use of any vehicle to which this insurance applies. j. (1) "Bodily injury" or "property damage" aris- We do not have to furnish these bonds. ing out of the actual, alleged or threatened 3. The costs of-bonds to release attachments, but only discharge, dispersal, release or escape of for bond amounts within the applicable limit of in- pollutants: surance. We do not have to furnish these bonds. (a) at or from premises you own, rent or 4. All reasonable expenses incurred by the insured at occupy; our request to assist us in the investigation or de- b) at or from any site or location used by or fense of the claim or"suit", including actual loss of for you or others for handling, storage, earnings up to$100 a day because of time off from work. disposal, processing or treatment of waste; 5. All costs taxed against the insured in the "suit". (c) which are at any time transported, hail- 6. Pre-judgement interest awarded against the insured died, stored, treated, disposed of, or on that part of the judgment we pay. If we make an processed as waste by or for you or any offer to pay the applicable limit of insurance, we will person or organization for whom you not pay any pre-judgment interest based on that may be legally responsible; or period of time after the offer. (d) at or from any site or location on which 7. All interest on the full amount of any judgment that you or any contractors or subcontractors accrues after entry of the judgment and before we working directly or indirectly on your have paid, offered to pay, or deposited in court the behalf or performing operations: part of the judgment that is within the applicable limit of insurance. (i) if the pollutantsare brought on or to g. Expenses incurred by the insured for first aid to the site or location in connection others at the time of an accident, for "bodily injury" with such operations; or to which this insurance applies. (ii) if the operations are to test for, These payments will not reduce the limits of insurance, monitor,clean up, remove,contain, SECTION 11—WHO IS AN INSURED treat, detoxify or neutralize the pol- lutants. 1. If you are designated in the Declarations as: 2 a. An individual,you and your spouse are insureds. period for purposes of determining the Limits of Insur- b. A partnership,or joint venture, you are an in- ance.. sured..Your members, your partners, and their SECTION IV—CONDITIONS Aalk Spouses are also insureds, but only with respect to their duties as partners or members of a joint 1. Bankruptcy. venture. Bankruptcy or insolvency of the insured will not re- c. An organization other than a partnership or joint lieve us of our obligation under this Coverage Part. venture, you are an insured. Your executive of- 2. Cancellation. ficers and directors are insureds, but only with respect to their duties as your officers or direc- a. The first Named Insured shown in the Declara- tory. Your stockholders are also insureds, but tions may cancel this policy by mailing or deliv- only with respect to their liability as stock- Bring to us advance written notice of cancella- holders. ticn. 2. Each of the following is also an insured: b. We may cancel this policy by mailing or deliver- a. Any person (other than your employee) or any ing to the first Named Insured and the "con- organization while acting as your real estate tractor written notice of cancellation at least: manager. (1) 10 days before the effective date of can- b. Any person or organization having proper tempo- cellation if we cancel for non-payment of rary custody of your property if you die, but only: premium; or (1) With respect to liability arising out of the (2) 30 days before the effective date of can- maintenance or use of that property; and cellation if we cancel for any other reason. (2) Until your legal representative has been ap- c. We will mail or deliver our notices to the first pointed. Named Insured's and the "contractor's" last c. Your legal representative if you die, but only with mailing address known to us. respect to duties as such. That representative d. Notice of cancellation will state the effective will have all rights and duties under this Cover- date of cancellation. The policy period will end age Part. on that date. No person or organization is an insured with respect e. If this policy is cancelled, we will send the to the conduct of any current or past partnership or "contractor" any premium refund due. If we joint venture that is not shown as a Named Insured in cancel, the refund will be pro rata. If the first the Declarations. Named Insured or the"contractor"cancels,the SECTION III—LIMITS OF INSURANCE refund may be less than pro rata. The cancella- tion will be effective even if we have not made or 1. The Limits of Insurance shown in the Declarations offered a refund. and the rules below fix the most we will pay re- gardless of the number of: f. If notice is mailed, proof of mailing will be suffi- cient proof of notice. a. Insureds; 3. Changes. b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring- This policy contains all the agreements between you, ing "suits". the "contractor" and us concerning the insurance afforded.The first Named Insured shown in the Dec- 2. The Aggregate limit is the most we will pay for the larations and the "contractor" are authorized to sum of damages because of all "bodily injury" and make changes in the terms of this policy with our "property damage". consent. This policy's terms can be amended or 3. Subject to 2, above, the Each Occurrence Limit is waived only by endorsement issued by usand made a the most we will pay for the sum of damages because part of this policy. of"bodily injury"and "property damage"arising out 4. Duties In The Event Of Occurrence, Claim Or Suit. of any one "occurrence". a. You must see to it that we are notified promptly If you designate more than one project in the Declara- of an "occurrence"which may result in a claim. tions, the Aggregate Limit shall apply separately to each Notice should include: project. (1) How, when and where the "occurrence" The limits of this Coverage Part apply separately to each took place; and consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the (2) The names and addresses of any injured policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an additional b. If a claim is made or "suit" is brought against period of less than 12 months. In that case, the addi- any insured, you must see to it that we receive tional period will be deemed part of the last preceding prompt written notice of the claim or "suit". 3 c. You and any other involved insured must: applicable limit of insurance. An agreed settlement (1) Immediately send us copies of any de- means a settlement and release of liability signed by mands, notices, summonses or legal papers us, the insured and the claimant or, the claimant's received in connection with the claim or' legal representative. "suit"; 8. Other Insurance. (2) Authorize us to obtain records and other The insurance afforded by this Coverage Part is pri- information; mary insurance and we will not seek contribution (3) Cooperate with us in the investigation, set- from any other insurance available to you unless the tlement, or defense of the claim or "suit"; other insurance is provided by a "contractor" other and than the designated"contractor"for the same opera- (4) Assist us, upon our request, in the enforce- tion and job location designated in the Declarations. ment of any right against any person or orga- Then we will share with that other insurance by the nization which may be liable to the insured method described below. because of injury or damage to which this If all of the other insurance permits contribution by insurance may also apply. equal shares, we will follow this method also. Under d. No insureds will,except at their own cost,volun- this approach, each insurer contributes equal amounts until it has paid its applicable limit of insur- tarily make a payment, assume any obligation, ance or none of the loss remains, whichever comes or incur any expense without our consent. first. 5. Examination Of Your Books And Records. If any of the other insurance does not permit contri- We mayexamine and audit your booksand recordsas bution by equal shares, we will contribute by limits. well as the "contractor's" books and records as they Under this method, each insurer's share is based on relate to this policy at any time during the policy the ratio of its applicable limit of insurance to the i period and up to three years afterward. total applicable limits of insurance of all insurers. 6. Inspections And Surveys. 9. Premiums. We have the right but are not obligated to: The "contractor": a. Make inspections and surveys at any time; a. Is responsible for the payment of all premiums; b. Give you reports on the conditions we find; and and c. Recommend changes. b. Will be the payee for any return premiums we Any inspections, surveys, reports or recommend- pay. ations relate only to insurability and the premiums to 10. Premium Audit. be charged. We do not make safety inspections. We a. We will compute all premiums for this Coverage do not undertake to perform the duty of any person or Part in accordance with our rules and rates. organization to provide for the health or safety of b. Premium shown in this Coverage Part as ad- workers or the public. And we do not warrant that vance premium isa deposit premium only.Atthe conditions: close of each audit period we will compute the a. Are safe or healthful; or earned premium for that period. Audit pre- b. Comply with laws, regulations, codes or stars- miums are due and payable on notice to the dards. "contractor". If the sum of the advance and This condition applies not only to us, but also to any audit premiums paid for the policy term is greater than the earned premium, we will return rating, advisory, rate service or similar organization the excess to the "contractor". which makes insurance inspections, surveys, re- ports or recommendations. c. The"contractor" must keep records of the infor- mation we need for premium computation, and 7. Legal Action Against Us. send us copies at such times as we may request. No person or organization has a right under this 11, Separation Of Insureds. Coverage Part: a. To join us as a party or otherwise bring us into a Except with respect to the Limits of Insurance, and "suit" asking for damages from an insured; or any rights or duties specifically assigned in this Cov- first erage Part to the Named Insured,this insurance b. To sue us on this Coverage Part unless all of its applies: terms have been fully complied with. a. As if each Named Insured were the only Named A person or organization may sue us to recover on an Insured; and agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not b. Separately to each insured against whom claim be liable for damages that are not payable under the is made or "suit" is brought. terms of this Coverage Part or that are in excess of the 12. Transfer Of Rights Of Recovery Against Others To Us. 4 If the insured has rights to recover all or part of any tained primarily to provide mobility to perma- payment we haveo made under this Coverage Part nently mounted: those rights are transferred to us. The insured must (1) Power cranes, shovels, loaders, diggers or do nothing after loss to impair them. At our request, drills; or the insured will bring "suit" or transfer those rights to us and help us to enforce them. (2) Road construction or resurfacing equipment SECTION V—DEFINITIONS such as graders, scrapers or rollers; I. "Auto" means a land motor vehicle, trailer or semi e. Vehicles not described in a., b., c. or d. above trailer designed for travel on public roads, including that are not self-propelled and are maintained primarily primarily to provide mobility to permanently at- any attached machinery or equipment. But "auto" does not include "mobile equipment", tached equipment of the following types: g. "Bodily injury (1) Air compressors, pumps and generators, in- means bodily injury, sickness or dis- cluding spraying, welding, building ease sustained by a person, including death result- clean- ing, geophysical exploration, lighting and ing from any of these at any time. well servicing equipment; or 3. "Contractor"means the contractor designated in the (2) Cherry pickers and similar devices used to a Declarations. raise or lower workers; 4. "Impaired property" means tangible property, other f. Vehicles not described in a., b., c. or d. above than work performed for you, that cannot be used or maintained primarily for purposes otherthan the is less useful because: transportation of persons or cargo. a. It incorporates work performed for you that is However, self-propelled vehicles with the follow- known or thought to be defective, deficient, in- ing types of permanently attached equipment adequate or dangerous; or are not "mobile equipment" but will be consid- b. You have failed to fulfill the terms of a contract or ered "autos": i agreement; (1) Equipment designed primarily for: if such property can be restored to use by: (a) Snow removal; a. The repair, replacement, adjustment or removal (b) Road maintenance, but not construc- of the work performed for you; or tion or resurfacing; b. Your fulfilling the terms of the contract or agree- (c) Street cleaning; ment. 5. "Insured contract" means: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to a. A lease of premises; raise or lower workers; and b. A sidetrack agreement; (3) Air compressors, pumps and generators, in- c. An easementor license agreement in connection cluding spraying, welding, building clean- with vehicle or pedestrian private railroad cross- ing, geophysical exploration, lighting and ings at grade; well servicing equipment. d. Any other easement agreement, except in con- 7• "Occurrence" means an accident, including contin- i nection with construction or demolition opera- uous or repeated exposure to substantially the same tions on or within 50 feet of a railroad; general harmful conditions. e. An indemnification of a municipality as required 8. "Property damage" means: by ordinance,except in connection with work for a. Physical injury to tangible property, including all a municipality; resulting loss of use of that property; or L An elevator maintenance agreement. b. Loss of use of tangible property that is not phys- 6. "Mobile equipment" means any of the following ically injured. types of land vehicles, including any attached ma- 9. "Suit" means a civil proceeding, brought in the chinery or equipment: United States of America (including its territories a. Bulldozers, farm machinery, forklifts and other and possessions), Puerto Rico and Canada, in which vehicles designed for use principally off public damages because of "bodily injury" or "property roads; damage"to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging b. Vehicles maintained for use solely on or next to such damages to which you must submit or submit premises you own or rent; with our consent. c. Vehicles that travel on crawler treads; 10. "Work" includes materials, parts or equipment fur- d. Vehicles, whether self-propelled or not, main- nished in connection with the operations. i 5