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CONSTRUCTION CONTRACT
day of ru 1992 by
THIS CONTRACT, made and entered into this �
and between Twehous Excavating Company, Inc. hereinafter called Co tractor , and ey °
i 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
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constructing the following City improvements: Fairgrounds Road Stormwater Project. ;
'.` irk ;• '>�},'.
NOW THEREFORE, the parties to this contract agree to the following: }'T`r.
I. Manner and time for Completion._ The Contractor agrees with the City ton4f :,
furnish all su ervision, labor, tools, equipment, materials and supplies necessary to
r' perform, and o perform, said work at otractor's own expense in accordance with the
contract documents and any applicable City ordinances and state and federal laws,within ;,yf
five (5) working 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
x
contract.
II. 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
;"kM1»,itarJ•.
Industrial Relations of the State of Missouri, and as established by the Federal Yr.; ;
Nam r ;0
Employment Standards of the Department of Labor. Contractor acknowledges that
Contractor knows the prevailing hourly rate of wages for this project because Contractor
i
has obtained the prevailing hour) rate of wages from the contents of Special Wage
{ p 9 Y 9 p 9
Determination No. 92-026-0024 and modification thereof 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
so 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 this1s"r :
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 `
a
' Dollars ($10.00) for each workman employed for each calendar day or portion thereof rt• j."#
• '4 4 1
that the workman is paid less than the stipulated "rates for any work done under this 'r
:. contract, by the Contractor or any subcontractor under the Contractor. : :
III. 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 `g
in work under this contract. ,
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y (b) Contractor's Public Liability Insurance In an amount not less than $1,000,000
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 ?y
Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property
- Damage Insurance in an amount not less than $1,000,000 for all claims arising out of a ,
single accident or occurrence and $100,000 for any one person in a single accident or ;
occurrence.
r.. (c) Automobile Liability Insurance in an amount not less than $1,000,000 for all
claims arising out of a single accident or occurrence and $100,000 for any one person `''
t in a single accident or occurrence. '
(d) Owner's Protective Liability Insurance - The Contractor shall also obtain at ,i .�
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 $1,000,000 for
all claims arising out of a single accident or occurrence and $100,000 for any one person h,;Q
in a single accident or occurrence, except for those claims governed b the provisions of
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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.
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(e) Subcontracts - In case any or all of this work is sublet, the Contractor shall
F' require the Subcontractor to procure and maintain all insurance required in
Subparagraphs (a), (b), and (c) hereof and in like amounts. x`f
(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. }
m `
` 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
g eneral 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.
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IV. Contractor's ReRonsibility 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 shallS ,mfl
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
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termination of any subcontract as the City may exercise over Contractor under an
provisions of this contract. Nothing contained in this contract shall create any contractual
relations between any subcontractor and the City or between any subcontractors.
f
V. Liguidated_Damages. The Director of Public Works may, at his discretion, deduct Y
$1000.00 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.
r°4
VI. Termination. The City reserves the right to terminate this contract by giving at
least five b days rior written notice ' >>'
Y P 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 5? <iRz;r
'! 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. v
VII. City's Rictht to Proceed. In the event this contract is terminated pursuant
p suant to
Paragraph 6,
g p then the City may take over the work and prosecute the same to '" ,r°� r
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 anyy ' ;.
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
g g 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. '
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Vill. Indemnity, The Contractor agrees to defend, indemnify, and save the City
,
harmless from and against all claims, suits and actions of every description brought x
against the City and from all damage and casts 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.
IX. 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.
X. Supplies. The Contractor is hereby authorized and directed to utilize the City's
sales tax exemption in the purchase of goods and materials for the project as set out in
Section 144.062 RSMo 1986 as
amended. Contractor steall keep and maintain records
and invoices of all such purchases which shall be submitted to the
City. A.
XI. Payment.
The City hereby agrees to pay the Contractor the work done pursuant ;;`; •-`
to this contract according to the payment schedule set forth in the Contract Documents
x 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 December 31, 1991 which are
by reference made a " r �$
�t;� ..,,_.Vii.•.
part hereof. No partial payment to the Contractor shall operate as ,`'j .`., '. -:
approval or acceptance of work done or materials furnished hereunder. The total amount
of this contract shall not exceed ($5,860„00) Five Thousand Eight Hundred Si
no/100. 9 Sixty andr .,r'
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XII. Contract Documents. The contract documents shall consist of the following:
a. This Contract
f. General Provisions
b. Addenda g. Special Provisions `
c. Information for Bidders h. Technical Specifications '
n d. Notice to Bidders I. Drawings and/or sketches
e. Signed Copy of Bid - ° ' J
This contract and the other documents enumerated in this paragraph, form the y
Contract between the parties. These documents are as fully a part of the contract as if
attached hereto or repeated herein.
G, XIII. Nondiscrimination. The Contractor agrees in the performance of this contract not F
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.
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Bond 911127153846
i
1 BOND
PERFORMANCE-:. PAVMIZNT AND GU MANTES BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
g
Twehous Excavating Company, Inc ,,:.,,
8714 Liberty Road, Jefferson City, MO 65101
hereinafter, referred to as "Contractor" and The American Insurance Company,
�cs3
Craig Road, Creve Coe 1
Coeur , MO 6 314
_ a Corporation
organized under a law
the s of State Of Nebraska
- and authorized to transact
business in the State of Missouri
as Surety, are held and firmly bound unto
the City of Jefferson, Missouri =yss;t
hereinafter r; s
referred to as " Owner " in the penal sum of
s yeThousand Eight Hundred Sixty Dollars and no cents--flollarS
5, 860. 00
), lawful money of the United States of America for the
payment of which sum, well and truly to be made, we bind ourselves and our
executors, administrators, successors and � r
s jointly
present assign j y and several) s
s. y by the
Fairgrounds Road Stormwater Project , Jefferson City, MOj,�}
THE CONDITION OF THE FOREGOING
OELIGAT
ION IS SUCH THAT; {�:�; �• .:f
WHEREAS the �'���'-,
above bounded Contractor has on the 4 th day of February
19 9 entered into a written contract with the aforesaid Owner for furnishing
a .:
materials, equipment, tools, superintendence, labor, and other facilities and accessories,
for the construction of certain improvements as designated, defined
said Contract and the Conditions thereof, and in accordance with the nd described in the specifications ' I t . ;rg♦
plans therefore; a copy of said Contract being attached hereto and made a � p
part hereof:
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' NOW THEREFORE, if the said Contractor shall and will, in all particulars well,
andul
faithfully observe, perform and abide by each and every covenant, condition, art of
the said Contract, and the Conditions, Specifications,
� Plans, Prevailing Wage Law and
other Contract Documents thereto attached or, by reference, made a part thereof,
according to the true intent and meaning in each case, and if said contractor shall replace
all defective parts, material and workmanship for a period of one year after acceptance `
by the Owner, then this obligation shall be and become null and void; otherwise shall `
remain in full force and effect. r
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V�'.AS:i�q.+��r9,#�f.: v5.'ld,..sf`7�,c>S!ss. _ •= i rl.. }� v�'. r .m,x��l:� � +��^� .i."s,�{�"� � �'a.
�a r` .i,�4•�+L'r';•d;a,.t.�ll� ':i: ., ! .i' .a I).. lr � �r t.T Yt3"4��, � 1: +� �'
!,�'f>f...
'£4 Y,5
ra ii s f 41a.
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PROVIDED FURTHER, that If the said Contractor fails to duly pay for any labor, u,..
materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils,greases `'
coal repairs, equipment and tools consumed or used in said work,
rk groceries and '•������:> ,
foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other tt.s r
k supplies or materials used or consumed by such Contractor or his, their, or its All
subcontractors in performance of the work contracted to be done, the Surety will pay the 1
same in any amount not exceeding the amount of this Obligation, together with interest
as provided by law: ` :°
PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the
contract, or the work to be performed thereunder, or the specifications accompanying the
same, shall in any wise affect its obligation on this bond and it does hereby waive notice
of any change, extension of time, alteration, or addition to the terms of the contract, or
to the work, or to the specifications:
PROVIDED FURTHER, that if the said Contractor fails to pay the prevailing hourly rate
of wages, as shown in the attached schedule, to any workman engaged in the :?..
construction of the improvements as designated,
defined and described in the said
contract, specifications and conditions thereof, the Surety will pay the deficiency and any
14'
penalty provided for by law which the contractor incurs by reason of (hisfits) act or ,
omission, in any amount not exceeding the amount of this obligation together with interest
as provided by law:
5 IN TESTIMONY
MONY W �• > �'����.��
HEREOF, the said Contractor has hereunto set his hand and the said
Surety has caused these presents to be executed in its name, and its corporate seal toxU:`;.
be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at
Jefferson ` r
C i t y, Missouri
on this the 4th d February z -
ay of
y
R 19 rat�'J r
The American Insurance Company Twehous Excavating Company, Inc. V'
- SURETY COMPANY _
CONTRACTOR � °x
SEAL) 4
ri L. Bennett , Attorney-In-F ac
BY h
(SEAL) BY (SEAL) s
Attorney-in-fact (State Representative)
(Accompany this bond with Attorne -if1-f
to include the date of the bond.) y act's authority from the Surety Company certified
1C' {. 1, tv�>i�'.3�•.mt}�ur�'x .. /✓�. "t'" `C
t,rr�``'.;��vp>ro`rr���� .A s� 4�{v'� ;�. � �Y,�1�,�'Ft�l!�}..�',.i,; r - � .f L s�•��M1,r� ,� fit"}
o l t `4 i f t .i. .>t {T�Yvtr CL f r ... r h •�,, ��`�'r3F o 4 ,* .��. .'p
i ���',�,,t
^'�7.� i�'t`r 1 .f �yr i'�+•y�.� Rat
p � /
,� :C� }}a' Js iY l°,y p`4 t , t t^� f� .5 {. C.t 5 '( ��� •. •,t �.r,
✓ L�(3 x�'S)ri�s`,h
rr ',tij
t.JV,
i 7'
iwe 1,�wl t
•Slate 4-Missouri
County Of Cole
On February 4 , 1992
before me, a Notary Public In and for said County and State, residing
(Dereln, duly commissioned and sworn, personally appeared
Kris L. Bennett
known to me to be Attorney-in•Fact of The American Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to be the
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such cor person who executed
poration executed the same.
IN WITNESS WHEREOF, I have hereunto set my}sand and affixed my official seal, the day and Year stated In this certificate above.
;t MY Commission Expires-------=_April 8, 1995
Nota&?%bW.
360212--&66
UITA*RY PUBLIC STATE OF MISSOM
CALLAWAY CCWTY
My C"1361WI EXP. APR.GJ05
All 11 11
GENERAL ';
POWER OF
WW ATTORNEY THE AMERICAN INSURANCE COMPANY
> KNOW ALL.MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of "x
New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha.State of
Nebraska,has made,constituted and appointed.and does b these presents make,constitute and appoint
Pp y r
p pp JAMES J. LANDWEHR, KRIS L.
RENNETT and CARL E. REYNOLDS, jointly or severally l
i JEFFERSON CITY MO
Its true and lawful Attorncy'(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any ' 1
.; and all bonds,undertaking,recognizances or other written obligations In the nature thereof---------------------- _M_—_—_----
.'f
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the ;: n, •
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article V11.Appointment and Authority oY Resident Secretaries,Attorneys•in-Fact and Agents to accept Legal Proctxt and Make Appearances.
+ p:. Section 45.Appointment.The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vlce-President may, from time to time,appoint Resident Assistant Secretaries and
Attorneys-In-Fact to re resent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the /
P rP g P P pPc
Corporation.
' s Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall bests prescribed In the Instrument evidencing
y ' their appointment.Any such appointment and all authority granted thereby may be revoked at any lime by the Board of Directors or by any person empowered to
make such appointment."
This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or rcpc.lcd:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
be hereunto affixed this_13th day of December 19 91
;r :°:•".F�;•,, /
THE AMERICAN INSURANCE COMPANY
��'�Ry��t0•��f Vicc President
STATE OF CALIFORNIA
COUNTY OF MARIN
rt i7 •.
On this 13th day of D es emb _r 19 91_,before me personally came R D_ Fgirnswnrth r
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
.' `• Q t=ip :�.., ; '�t.,ry,,•
-��•.'' ^ �' y •L:rii.. —�,�J.,•7rrtia otuy blic
mrn 1 •,«, .�•.•.��.� 41A1�i.. v.1 . .. •• � � Y,/•!•'�✓�•zFl.;t
�i
CERTTFICAT'E
STATE OF CALIFORNIA
Y. r
COUNTY OF MARIN
1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that ^
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the•
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Dated the 4th day of February 19 92 r°,` ., 4f'
►YrRI . F�"4"r�••d2 j
Resident AuittantSeaet z�•t'" �.�.Kit'`-„
360712-TA-6.90(REV)
sA
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t it'`i.�' t7i�t
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tt $ 5 3x4ue• F3rr Y,s, rt. ,r ., 1.. r. r..vt', Y: �., r.. L4. .n i,�jd4t�ti� G
Ur
ACORD
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) #f
-� ------------------------------------------------•-----------_-_-------- ------
01-14.92 ;
RODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ' tirt!
n�A ,
.,W NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, r
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
��, ------------ ........ 4<
,��< i �=-� Winter•Dent & Gort�pany -- •------ ................................................
r " 101 East McCarty St. COMPANIES AFFORDING COVERAGE
.E r: P.O Box 1046 --------------•--......----------------------••--------------------------.....
+ Jefferson City, MO 65102 -COMPANY
314.634-2122 LETTER A MARYLAND CASUALTY INSURANCE COMPANY ��``
---------•-------------------------------
COMPANY
.............................................. LETTER B lrls;
INSURED ------------------------------••----------------. ----•-------.....-------
COMPANY
TVEHOUS EXCAVATING CO., INC. LETTER C
8514 LIBERTY ROAD -----•------------------------------------------------------ ---------
COMPANY
JEFFERSON CITY, MO 65101 LETTER D
t#
s
f COMPANY
LETTER E
COVERAGES
------------------------
THIS 1S TO CERTIFY THAT 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. ;•r:i; ;=;,,. .
LTRI -TYPE'OF INSURANCE- •• ^- I• ••. - - --POLICY EFFECTIVE POLICY-EXPIRATION - -- -+ - -•
POLICY NUMBER ( DATE (MM/DD/YY)I DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS f{
A GENERAL LIABILITY EP86743952 10-01-91 10-01-92 GENERAL AGGREGATE S1,000,
EXI COMMERCIAL GENERAL LIABILITY PROD COMP/OPS AGGR $1000 �•,: r
EXIE I CLAIMS MADE EXI OCCURRENCE PERSONAL & ADV INJURY $1,000,
E I OWNER'S $ CONTRACTORS PROTECT ' ' '``'`°""J
EACH OCCURRENCE 57,000,
EXI INC PER JOB AGGREGATE 50, y.;` •,^;:;;<,.
FIRE DAMAGE(ONE FIRE) $
EXI INC BLASTING COVERAGE MEDICAL $
-+-------------------------------- ---------------- -------------- --------------- -------------PERSON)- 5 ss ,a
AUTOMOBILE LIABILITY EC86743911 10-01-91 10-01-92 CSL
EX3 ANY AUTO
S1 000
EXI ALL OWNED AUTOS BODILY INJURY
i UU SCHEDULED AUTOS (PER PERSON) $ tc;5 .;
EXI HIRED AUTOS
BODILY INJURY �� '�• `
(X3 NON-OWNED AUTOS
(PER ACCIDENT) $ � � �•-�.,�r..
E 3 GARAGE LIABILITY PROPERTY
13 DAMAGE $
EXCESS LIABILITY UBA69160639 10-01-91 10-01-92 EACH OCCURRENCE AGGREGATE
--iX3 $ 5,000 5 000
-OTHER-THAN UMBRELLA FORM I I I I IS
E
+ ----------------------+------------------+----------------+-----------------4•-----------•--------------------- `•i ' •;,
STATUTORY', ?
A WORKERS' COMPENSATION TC262198941 10-01-91 10-01-92 $500, (EACH ACCIDENT)
AND $500, (
DISEASE POL) • a{.
EMPLOYERS' LIABILITY $500, (DISEASE EACH EMP)
_--}-------------•-------------------+------------------+----------------+-----------------+----------------------------------
A OTHER i
t; LEASED & RENTED EP86743952 10-01-91 10-01-92 $ 400,000. ANY ONE ITEM
$ 800,000. ANY ONE OCCURRENCE =
CARGO $ 200,000. ANY ONE VEHICLE `
t SPECIAL FORM (ALL RISK) ..._,
---------------•------------------------------------------------------------------------------
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS � h .
' Certificate holder is listed as NAMED INSURED regarding the Owner 8 Contractor's Protective Liability being issued
y, effective 02-04-92/93 with regards to the following
Fairgrounds Road Stormwater Protect
--------------------------------------------------------------i---------------------------------------------------------------
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
City of Jefferson City TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED a;
Dept. of Public Works TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ?.
20 East McCarty OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS
efferson City, MO 65101 AGENTS OR REPRESENTATIVES. .
AUTHORIZED R
EPRESENTATIVE '- - - - - ai)
ACORD 25-S (11/85) a,` `
• - ...............................•-------------...._......-----•------ --------- `-4= i..
"r•
R 1'• i ' , .+�` ,2,`i''' "S TTY".4y' .� � • "
.' .:i..f t rI't�,>U y�j� .+��Si .c r ct �'.? � r : x r.: i v<u 3 �t � •yk$ t
3.r'dc�ti x_ t t!
T! 1 r r px Jy,�
tyIt,ll i
t
;('. .m+.., ...rPnn�,rt.'k i,`3"r..r!t,".,^.5..4MMe�'�.'r,i Y;,SV :rr .,. ?. .;•i? .,,�•`� ... ..,`fr3;, ... ,'4 .. - ,....,•1jy' n7:+: ,i ,{,t t.:'�,.. b5�4i "i�. yr't"``
e
r�.
a RY
' ACORD INSURANCE BINDER ISSUE DATE (MM/DD/YY)
tilt.,
/ -----• 01-14
-------------- --THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
--•---------------....--COMPANY Moryland-Casualty•Ins. Co.•-------•---_. .BINDER N0. ._.....r..----- $r .
PRODUCER ----------------------------------------••-----......-•------•--.,.-----•.....
k [ ] EFFECTIVE ( EXPIRATION
Winter-Dent '& Company
101 East McCarty 5t. DATE •01 ...... AM ..DATE_______________________01---.
r. P.O. Box 1046 '
Jefferson City, MO 65102
12:01 IX i1 fn
r• 314-634-2122 02.04-92 ................ 02-04-93 ................. r. ,
r
<.:
[ ] PM-! I [ ] Noon
CODESUB-CODE ----------•.......................................•.... .............. ;w
•- THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED ;zr*�'rr'r, �•,.. .
--------------------r.---...--------------- ( COMPANY PER EXPIRING POLICY NO.:
INSURED ..__.....-•-----•-----•---------------------------.....•.................. 3 ,5�tis
DESCRIPTION OF OPERATION/VEHICLES/PROPERTY (INCLUDING LOCATION) j;h•,j,„,
City of Jefferson
ATTN: Rosemary Robinson
320 East McCarty Street
Jefferson City, MO 65101
------------------------•_-----------__----_--_-_----_--_--_------____-_-__--_____--_--_--_-_-------------•-•-•---•--- --
COVERAGES ALL LIABILITY LIMITS IN THOUSANDS
-
...__..... •---•..........................
TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE
PROPERTY CAUSES OF LOSS
[ ) BASIC [ 7 BROAD I ,) SPECIAL
17
I ]
---__.--_-_•--------------------+...-----.--.------.--.--.-.-.-_.------.-.._-..._..__.+------------------.-----r-+.--:--._-_-
GENERAL LIABILITY GENERAL AGGREGATE $1,000,
[ ] COMMERCIAL GENERAL LIABILITY RE: Fairgrounds Road Stormwater Project PRODUCTS-COMP/OPS AGG. $ }� ,
[ ][ 7 CLAIMS MADE [ ] OCCURRENCE PERSONAL & AD. INJURY $ s
[X] OWNERS & CONTRACTORS PROTECT. EACH OCCURRENCE $1,000,
[ 7 FIRE DAMAGE(ANY ONE FIRE) $
[ ] RETRO DATE FOR CLAIMS MADE: MEDICAL EXP(ANY ONE PER.) $
qF,
UTOMOBILE [ 7 ALL VEHICLES [ 7 SCHEDULED VEHICLES CSL $ '�•-••-
7 LIABILITY BI PERS/ACCID S j'igsr ? rF3'y,
[ ] NON/OWNED PD $ r to-
[ ] HIRED MED. PAY $
? [ ] GARAGE PIP $
'_...--------------------------^+-------------------------------•-------------------- -----------------------------•------
- -+-
AUTO PHYSICAL DAMAGE [ ] ALL VEHICLES [ 7 SCHEDULED VEHICLES [ ] ACV
[ ] COLLISION DED:
[ ] STATED AMOUNT $
[ 7 OTC DED: I I [ OTHER ( rtj;i`rT ySq:k4r''
) �p� c
- _
EXCESS LIABILITY - EACH I AGGREGATE SELF-INSURED ;`: '
[ ] UMBRELLA FORM OCCURRENCE RETENTION '"' "•r�.
r
c [ ] OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE:
-------•---------•--•-----------+-----------------------------------------------------+-------------------------------------
STATUTORY
WORKERS' COMPENSATION $
(EACH ACCIDENT) ;
AND $ (DISEASE POLICY LIMIT) � , '`"' "`'''•
EMPLOYERS' LIABILITY S (DISEASE EACH EMPL.) # `
-----•------------- -------------+--------------------------------------------------------------------------------------------
SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES '
Twehous Excavating Co., Inc. 8514 Liberty Road, Jefferson City, MO 65101 is responsible for premium and audit.
.� ..............................•_-•--.......--.---_....__......_.--.......------......._-_•_--.........._..............---- • 9
NAME & ADDRESS
--•--------------------------------------------------------------- -------------------- ---------
MORTGAGEE I I ADDITIONAL --SURE-
k @�
[ ] LOSS PAYEE [ ]
LOAN #
...............................................................
AUTHORIZED REPRESENTATIVE ,
k
ACORD.n;S _(11/85) "�
t W
01 .
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OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS �y {� 7
' This Policy consists of this Declarations Form,the Owners and Contractors Protective Liability � J��tis
MARYLAND CASUALTY COMPANY
" Coverage Form and the Endorsements indicated as applicable.
BALTIMORE,MD 21203 ¢
<�
A Stock Company � "
El EC 6_913B3020 f-1N NEW ❑ RENEWAL OF
1.NAMED INSURED and MAILING ADDRESS: f '� �
' CITY OF JEFFERSON SY
320 E. MCCARTY STREET
JEFFERSON CITY, MO 65101
air f
2.POLICY PERIOD:From 2-4-92 to _4-93 .` ,
12:01 A.M. Standard Time at your Mailing Address above. ;}
AGENT: r —
BO CODE PRODUCER BRANCH OFFICE l K
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. '
S.LIMITS OF INSURANCE
a
AGGREGATE LIMIT $ 1,000,000.
EACH OCCURRENCE LIMIT $ 1,000,000. $
Designation and Mailing Address of Contractor:
TWEHOUS EXCAVATING CO. INC.
8514 LIBERTY ROAD
JEFFERSON CITY, MO 65101 :
ocation of Covered Operations(Same as Item 1 unless shown below):
t FAIRGROUNDS ROAD STORMuVATER PROJECT JEFFERSON CITY MO
RATE PER$1000 5"";mix,,
CLASSIFICATION CODE NO. PREMIUM BASE ADVANCE PREMIUMS
OF COST N'
CONSTRUCTION OPERATIONS .' .• `? ��
BY OWNER 16292 C)$5,860. INCLUDED $256.MP
}
`,
4.FORMS/ENDORSEMENTS APPLICABLE:IL 00 21 (11-85), CG2929 (9-87)r TOTAL PREMIUM • W
IL0017 (11-85) , CG0009 (11-88), 15153 (9-89) FOR THIS ► $ 256. r
COVERAGE PART
5.FORM OF BUSINESS: ❑individual ❑ Joint Venture ❑ Partnership ❑ Organization(Other than Partnership or Joint Venture) w
X CITY GOVEERNMENTrr
kwWD 2-25-92 x'
Countersigned: b BY:
Date Authorize Representati
Includes copyrighted material of Insuranco Services office,Inc.,with its pormission.
copyright,insuranco services off,co,im,19a4
ip
47736 Ed.4-87
ly 11111
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CIA
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. `
MISSOURI CHANGES - CANCELLATION
AND NONRENEWAL
. This endorsement modifies insurance provided under the following: .,
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
A. Paragraph 2.b. of the Cancellation Condition isr
_ (c) We become insolvent; or,
replaced by the following: d We involuntarily lose reinsurance for
2.b. We may cancel this policy by mailing or this policy.
y. delivering to the first Named Insured and
(3) 60 days before the effective date of
the contractor written notice of cancel-
lation, stating the actual reason for can- Y x'';,': '•,.
cellation, at least: reason.
3 ;
(1) 10 days before the effective date of B. The following is added to CONDITIONS:
cancellation if we cancel for nonpay- NONRENEWAL
•ment of premium; 1. We may elect not to renew this policy b
(2) 30 days before the effective date of mailing or delivering to the first Named
{ cancellation if cancellation is for one Insured and the contractor, at the last
or more of the following reasons: mailing addresses known to us, written
a Fraud or material misrepresentation notice of nonrenewal, stating the actual
reason for nonrenewal, at least sixty days
affecting this policy r a claim filed Y Y
y rior to the effective date of the
under this policy or a violation of P
any of the terms or conditions of nonrenewal. ri:n � r5,....
this policy; 2. If notice is mailed, proof of mailing will be
' sufficient roof of notice.
(b) Changes in conditions after the ef- P
to
' festive date of this policy which
have materially increased the risk
assumed; r
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,r
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CG 29 29 09 87 Copyright, Insurance Services Qffice, Inc., 1987 Cl `
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COM Ml POLICY CONDITIONS > .
t LYb
' All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION lD. INSPECTIONS AND SURVEYS
1. The first Named Insured shown in the Declara- We have the right but are not obligated to:
tions may cancel this policy by mailing or
1. Make inspections and surveys at any time;
delivering to us advance written notice of k•n>?x3+'y,>.,r
cancellation. 2. Give you reports on the conditions we find; and
h
d Recommen changes.
2. We may cancel this policy by mailing or deliver- 3.
ing to the first Named Insured written notice of Any inspections, surveys, reports or recommends-
cancellation at least: tions relate only to insurability and the premiums to �.
a. 10 days before the effective date of cancella- be charged.We do not make safety inspections.We
tion if we cancel for nonpayment of premium; do not undertake to perform the duty of any person
" or or organization to provide for the health or safety of
workers or the public. And we do not warrant that ; =
b. 30 days before the effective date of cancella-
conditions: i
tion if we cancel for any other reason.
3. We will mail or deliver our notice to the first 1. Are safe or healthful; or
Named Insured's last mailing address known to 2. Comply with laws, regulations, codes or stan-
us. dards.
4. Notice of cancellation will state the effective This condition applies not only to us, but also to any
date of cancellation. The policy period will end rating, advisory, rate service or similar organiza-
on that date. tion which makes insurance inspections, surveys,
5. If this policy is cancelled, we will send the first reports or recommendations.
Named Insured any premium refund due. If we E. PREMIUMS
cancel, the refund will be pro rata. If the first The first Named Insured shown in the Declarations:
Named Insured cancels, the refund may be less Is responsible for the payment of all premiums;1.
than pro rata. The cancellation will be effective and
even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be suffi- 2• Will be the payee for any return premiums we
cient proof of notice. pay.
F. TRANSFER OF YOUR RIGHTS AND DU-
B. CHANGES TIES UNDER THIS POLICY
This policy contains all the agreements between
you and us concerning the insurance afforded. The Your rights and duties under this policy may not be `
`w>•.
first Named Insured shown in the Declarations is transferred without our written consent except in
authorized to make changes in the terms of this
the case of death of an individual named insured. ;''t `;°-•;'`
I policy with our consent. This policy's terms can be If you die, your rights and duties will be transferred
amended or waived only by endorsement issued by to your legal representative but only while acting
us and made a part of this policy, within the scope of duties as your legal represen-
tative. Until our legal representative is a
C. EXAMINATION OF YOUR BOOKS AND y g p y of appointed,
anyone having proper temporary custody of your
RECORDS
property will have your rights and duties but only
We may examine and audit your books and records with respect to that property,
as they relate to this policy at any time during the
policy period and up to three years afterward. ..r,•.
45i+ fir,•�j"tin.�rt>�x r✓t':
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IL 00 17 11 85 Copyright, Insurance Services Office, Inc., 1982, 1983
it
+Std" ,., x FKt L �.�.:3&'� s r tii,:i.', ,o,+,a,v✓�y. � r
Y'y
COMMERCIAL GENERAL LIABILITY
"'R
OWN En"do' AIND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage. (i) Operations performed for you by the
Read the entire policy carefully to determine rights, r1contractor" at the location specified in
duties and what is and is not covered.
the Declarations; or
Throughout this policy the words "you" and "your" (ii) Your acts or omissions in connection
refer to the Named Insured shown in the Declara- with the general supervision of such
tions. The words "we," "us" and "our" refer to the operations; and
Company providing this insurance.
(2) The"'bodily injury" or "property damage"
The word "insured" means any person or organiza- occurs during the policy period.
tion qualifying as such under WHO IS AN INSURED
(Section 11). c. Damages because of "bodily injury" include
damages claimed by any person or organi a-
z
Other words and phrases that appear in quotation tion for care, loss of services or death resulting
marks have special meaning. Refer to DEFINITIONS
(Section V). at any time from the "bodily injury."
SECTION I - COVERAGES 2. Exclusions.
BODILY INJURY AND PROPERTY DAMAGE This insurance does not apply to:
LIABILITY
a. "Bodily injury" or "property damage" expected
1. Insuring Agreement.
or intended from the standpoint of the in-
sured. This exclusion does not apply to
a. We will pay those sums that the insured be- "bod-
ily injury" resulting from the use of reasonable
comes legally obligated to pay as damages
force to protect persons or property.
because of "bodily injury" or "property dam-
age" to which this insurance applies. We will b. "Bodily injury" or "property damage" for
have the right and duty to defend any "suit" which the insured is obligated to pay damages
seeking those damages. We may at our dis- by reason of the assumption of liability in a
cretion investigate any "occurrence" and settle contract or agreement. This exclusion does
any claim or "Suit" that may result. not apply to liability for damages:
But:
(11 Assumed in a contract or agreement that
(1) The amount we will pay for damages is is an "insured contract" provided the
limited as described in LIMITS OF IN- "bodily injury" or "property damage" oc-
SURANCE (Section 111); and curs subsequent to the execution of the
(2) Our right and duty to defend end when contract or agreement; or
we have used up the applicable limit of (2) That the insured would have in the ab-
�4 M,
insurance in the payment.of judgments or sence of the contract or agreement.
A settlements.
c. "Bodily injury" or "property damage" which
No other obligation or liability to pay sums or occurs after the earliest of the following times:
perform acts or services is covered unless e
X_
Plicitly provided for under SUPPLEMENTARY (1) When all "work" on the project (other than
PAYMENTS. ' service, maintenance or repairs) to be per-
Q1
b. This insurance applies to "bodily injury" and formed for you by the "contractor" at the
site of the covered opera
tions has been
property damage" only if: ,
completed; or
(1 The "bodily injury" or "property damage" f: 1A
is caused by an "occurrence" that takes
place in the "coverage territory" and arises
out of:
A23k
k-
CG 00 09 11 88 Copyright, Insurance Services Qff ice, Inc., 1984, 1988 Page 1 of 7 0
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1 COMMERCIAL GENERAL LIABILITY ~{ � h
"
(2) When that portion of the "contractor's" L "Bodily injury" or "property damage" arisin g
'zy "work," out of which the injury or damage out of the use of "mobile equipment" in, orJI
q." arises, has been put to its intended use by while in practice or preparation for, a prear- M,
any person or organization. This exclusion ranged racing, speed or demolition contest or
does not contractor working direct)contractor
indirectly or in any stunting activity. �q '
Y Y
the "contractor" or as part of the same 1�(1) Bodily injury or property damage aris-
ing out of the actual, alleged or threatened y
project. discharge, dispersal, seepage, migration,
d. "Bodily injury" or "property damage" arising release or escape of pollutants:
'r out of your, or your employees', acts or omis-
sions other than general supervision of "work" (a) At or from any premises, site or location
performed for you by the "contractor." which is or was at any time owned or
occupied by, or rented or loaned to, any ,
e. Any obligation of the insured under a workers insured;
compensation, disability benefits or unem-
ployment compensation law or any similar (b) At or from any premises, site or location
law. which is or was at any time used by or N ;
f. "Bodily injury" to: for any insured or others for the handl-
ing, storage, disposal, processing or
(1) An employee of the insured arising out of treatment of waste;
and in the course of his employment by the (c) Which are or were at any time trans-
insured; ported, handled, stored, treated, dis-
(2) The spouse, child, parent, brother or sister posed of, or processed as waste by or
l
of that employee as a consequence of (1) for any insured or any person or or-
above. ganization for whom you may be legally
This exclusion applies: responsible; or
a (1) Whether the insured may be liable as an (d) At or from any premises, site or location
employer or in any other capacity; and on which any insured or any contrac-
tors or subcontractors working directly
(2) To any obligation to share damages with
"1
or repay someone else who must pay or indirectly on any insureds behalf are
o
damages because of the injury. performing operations: '
f (i) If the pollutants are brought on or
This exclusion does not apply to liability as-
j to the premises, site or location in
sume�d by the insured under an insured con-
connection with such operations by 'r'`" '}"
tract.
... ,,
such insured, contractor or subcon- ;l^ r
I g. "Property damage" to: tractor' or
Property you own, rent, or occupy; f ,t `x
(1) Pro P Y Y PY% (ii) If the operations are to test for,
monitor, clean u remove, contain, cwt'
. (2) Property loaned to you; p,
(3) Personal property in the care, custody or treat, detoxify or neutralize, or in any
way respond to, or assess the effects
control of the insured; or
of pollutants.
(4) "Work" performed for you by the "con-
Sub ara ra hs a and d
tractor." P 9 P O ( )(i) do not apply to
bodily injury or property damage arising out
"Bodily injury" "property damage" due to of heat, smoke or fumes from a hostile fire.
h. Bodil inu or
- .
war, whether or not declared, or any act or
condition incident to war. War includes civil As used in this exclusion, a hostile fire means one #t
:.i
war, insurrection, rebellion or revolution. This which becomes uncontrollable or breaks out from
where it was intended to be.
exclusion applies only to liability assumed
under:
' (1) An "insured contract;" or
:�•.;- (2) Expenses for first aid. =?
Page 2 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 8$ CI
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t '''xl .9 r J ,fir{#ll'tt, t g.,k •�`u
f.
l 1 i
COMMERCIAL GENERAL LIABILITY ,] a t
F
(2) Any loss, cost, or expense arising out of 3. The cost of bonds to release attachments, but `'';'
any: only for bond amounts within the applicable limix Y^ '�
of insurance. We do not have to furnish these '
(a) Request, demand or order that any in-
sured or others test for, monitor, clean bonds.
up, remove, contain, treat detoxify or 4. All reasonable expenses incurred by the insured r `
neutralize, or in any way respond to, or at our request to assist us in the investigation or1�.
.
assess the effects of pollutants; or defense of the claim or "suit," including actualt,; K
,srt r�.,
(bj Claim or suit by or on behalf of a gov- loss of earnings up to $100 a day because of time
off from work.
ernmental authority for damages be- °.
cause of testing for, monitoring, 5. All costs taxed against the insured in the "suit."
cleaning up, removing, containii g, 6. Prejudgment interest awarded against the insured ''r 7
treating, detoxifying or neutralizing, or
on that part of the judgment we pay. If we make
in any way responding to or assessing �,?:;`i'_ ;!J;•
an offer to pay the applicable limit of insurance,
the effects of pollutants. s {
we will not pay any prejudgment interest based L,
Pollutants means any solid, liquid, gaseous or on that period of time after the offer.
thermal irritant or contaminant, including {
smoke, vapor, soot, fumes, acids, alkalis, 7. All interest on the full amount of any judgment
chemicals and waste, Waste includes materi- that accrues after entry of the judgment and be-
J als to be recycled, reconditioned or reclaimed. fore we have paid, offered to pay, or deposited in t
court the part of the judgment that is within the
k. "Property damage" to "impaired property" or applicable limit of insurance.
property that has not been physically injured,
arising out of: 8. Expenses incurred by the insured for first aid to
others at the time of an accident, for "bodily in-
i (1) A defect, deficiency, inadequacy or dan- jury" to which this insurance applies.
gerous condition in "work" performed for
j you by the "contractor;" or These payments will not reduce the limits of incur.
(2) A delay or failure by you or anyone acting ance.
on your behalf to perform a contract or SECTION II - WHO IS AN INSURED
{° agreement in accordance with its terms.
1. If you are designated in the Declarations as:
This exclusion does not apply to the loss of
PP Y a. An individual, you and your spouse are in-
I use of other property arising out of sudden sureds.
and accidental physical injury to "work" per-
! formed for you by the "contractor." b. A partnership or joint venture, you are an in-
sured. Your members, your partners, and their ;
spouses are also insureds, but only with re-
�< We will pay, with respect to any claim or "suit" we spect to their duties as partners or members
defend: of a joint venture. �r"
1. All expenses we incur.
2. Up to $250 for co be-
cause
st of bail bonds required
of accidents or traffic law violations arisingy�i :M
out of the use of any vehicle to which this insur-
ance applies. We do not have to furnish these
-' bonds.
Ail
n
CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 3 of 7 D ? ' :
+Sl r't11 � i .. .___.• , ,,= i''S t 'xp k#a, i;tr',
k 'f•' ' be M'4{jai
.:'r .. t�.a. ;,t .h: .,.,,,.. .„". .... . „'�`,y _ •. v . .»t c 3µ"'�+mW.1�s .f t �l �. ,
COMMERCIAL GENERAL LIABILITY "" YL`'F '`
4"
c. An organization other than a partnership or The limits of this Coverage Part apply separately to
rw5 joint venture, you are an insured. Your execu- each consecutive annual period and to any remain-
tivo officers and directors are insureds, but ing period of less than 12 months, starting with the
only with respect to their duties as your offi- beginning of the policy period shown in the Decla- +�
cars or directors. Your stockholders are also rations, unless the policy period is extended after is-
insureds, but only ith res act to their liability suance for an additions(
Y P Y period of less than 12
as stockholders. months. In that case, the additional period will be
2. Each of the following is also an insured: deemed part of the last preceding period for pur-
poses of determining the Limits of Insurance.
a. Any person (other than your employee) or any
organization while acting as your real estate SECTION IV - CONDITIONS
manager. 1. Bankruptcy.
b. Any person or organization having proper Bankruptcy or insolvency of the insured will not
`
temporary custody of your property if you die, relieve us of our obligation under this Coverage
x
but only: Part.
(1) With respect to liability arising out of the 2. Cancellation.
maintenance or use of that property; and
a. The first Named Insured shown in the Decla-
(2) Until your legal representative has been rations may cancel this policy by mailing or
appointed. delivering to us advance written notice of
c. Your legal representative if you die, but only cancellation.
with respect to duties as such. That represen- b. We may cancel this policy by mailing or de- . .
tative will have all your rights and duties under livering to the first Named Insured and the
this Coverage Fart. "contractor" written notice of cancellation at
No person or organization is an insured with respect least: '
to the conduct of any current or past partnership or
joint venture that is not shown as a Named Insured (1) 10 days before the effective date of can-
in the Declarations. cellation if we cancel for non-payment of
premium; or z
SECTION III - LIMITS OF INSURANCE (2) 30 days before the effective date of can- ,.;• ,.,< ;.';
' 1. The Limits of Insurance shown in the Declara- cellation if we cancel for any other reason.
tions and the rules below fix the most we will pay c. We will mail or deliver our notices to the first
regardless of the number of:
Named Insureds and the contractors last
a. Insureds; mailing address known to us. .:`..r•.s �.;,;.
b. Claims made or "suits" brought; or
d. Notice of cancellation will state the effective
policy period will y
c. Persons or organizations making claims or date of cancellation. The p , ;a;;.•:��;;r .'
bringing suits. end on that date. °' a= •,.k,.^�.�,• .
2. The Aggregate Limit is the most we will pay for e. If this policy is cancelled, we will send the
the sum of damages because of all "bodily injury" "contractor" any premium refund due. If we
and "property damage." cancel, the refund will be pro rata. If the first
3. Subject to 2. above, the Each Occurrence Limit Named Insured cancels, the refund •may be
is the most we will pay for the sum of damages less than pro rata. The cancellation will be ef-
because of "bodily injury" and "property damage" fective even if we have not made or offered a
refund arising
arising out of any one "occurrence." .
If you designate more than one project in the Dec- f. If notice is mailed, proof of mailing will be
larations, the Aggregate Limit shall apply separately sufficient proof of notice.
to each j
roect. '
P
f,4. ti n1
�S
Page 4 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 O ;r
..: '."" `4t�'iF ki•�t?th+�x"`v�u�bar°"l t?" .t.4.:�?i_,�.,a k .. ..:a:, , to ..c,..,''' .t d3r� _,.,�^ ..,�...:,«-n....,.,....,.,..._. :i .. 'i'a t.s ��•m;F,
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NF.�4S arc 4 a
1 COMMERCIAL GENERAL L,IAB.ILITYf` r `'
�a d. No insureds will, except at their own cast,
3. Changes.
This policy contains all the agreements between voluntarily make a payment, assume any.obli- �>
you, the "contractor" and us concerning the in- consent or incur any expense, without our w
surance afforded. The first Named Insured shown
in the Declarations and the "contractor" are au- 5, Examination Of Your Books And Records.
v ,
thorized to make changes in the terms of this VVI
We may examine and audit your books and rel-
olic with our consent. This policy's terms can
p Y cords as well as the "contractor's" books and re-
be amended or waived only by endorsement is- cords as they relate to this policy at any time
sued by us and made a part of this policy. during the policy period and up to three yearn r:
4. Duties In The Event Of Occurrence, Claim afterward.
Or Suit.
r 6. Inspections And Surveys.
a. You must see to it that we are notified as soon i
as practicable of an "occurrence" which may We have the right but are not obligated to:
result in a claim. To the extent possible, notice a. Make inspections and surveys at any time;
>5.
' t should include: b. Give you reports on the conditions we find;
(1) How, when and where the "occurrence" and
took place; c. Recommend changes.
(2) The names and addresses of any injured
persons and witnesses; and Any inspections, surveys, reports or recommen-
dations relate only to insurability and the premi-
(3) The nature and location of any injury or ums to be charged. We 'do not make safety
damage arising out of the "occurrence." inspections. We do not undertake to perform the
b. If a claim is made or "suit" is brought against duty of any person or organization to provide.for
any insured, you must: the health or safety of workers or the public. And
(1) Immediately record the specifics of the we do not warrant that conditions:
claim or"suit" and the date received; and a. Are safe or healthful; or
(2) Notify us as soon as practicable. b. Comply with laws, regulations, codes or
You must sea to it that we receive written
standards.
notice of the claim or "suit" as soon as prac- This condition applies not only to us, but also to
t ticable. an y ratin g, advise ry, rate service or similar or g an-
f
+ ization which makes insurance inspectiops, sur=
c. You and any other involved insured must:
ve s, reports or recommendations.
(1) Immediately send us copies of any de-
mands, notices,summonses or legal papers 7. Legal Action Against Us.
received in connection with the claim or
No person or organization has a right under this
"suit;" Coverage Part:
2 Authorize us to obtain records and other
a. To join us as a art or otherwise bring us into
information; a suit asking for damages from an insured;
(3) Cooperate with us in the investigation, or
7Y
settlement or defense of the claim or "suit;" b, To sue us on this Coverage Part unless all of
and its terms have been fully complied with.
=i (4) Assist us, upon our request, in the
..`' enforcement of any right against any per- t;a, ?��'•
son or organization which may be liable to n :.a
the insured because of injury or damage to # 'r,
t' which this insurance may also apply., k.
•r.
CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 5 of.7 O
4. '
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COMMERCIAL GENERAL LIABILITY
i
r ,r
A person or organization may sue us to recover c. The "contractor" must keep records of the in-
on an agreed settlement or on a final judgment formation we need for premium computation, r � "
• r „ M Y
# against an insured obtained after an actual trial; and send us copies at such times as we may y"
` but we will not be liable for damages that are not request. '
trhJz4�1. `ry�i
payable under the terms o"f this Coverage Part or 11.Separation Of Insureds.
that are in excess of the applicable limit of insur-
Exce t with respect to the Limits of Insurance,
ance. An agreed settlement means,a settlement P P ; .
and release of liability signed by us, the insured and any rights or duties specifically assigned in
and the claimant or the claimant's legal repre- this Coverage Part to the first Named Insured, this ,
insurance applies:
sentative.
8. Other Insurance. a. As if each Named Insured were the only
The insurance afforded by this Coverage Part is Named Insured; and
primary insurance and we will not seek contrib- b. Separately to each insured against whom /
ution from any other insurance available to you claim is made or "suit" is brought. i.
unless the other insurance is provided by a 12.Transfer Of nights Of Recovery Against
contractor".other than the designated "contrac-
Ot hers To Us.
tor" for the same operation and job location des-
ignated in the Declarations. Then we will share If the insured has rights to recover all or part of
with. that .other_ insurance by the method .de- any payment we have made under this Coverage
Part those rights are transferred to us.The insured
scribed below. t
must do nothing after loss to impair them. At our t
If all of the other insurance permits contribution q g „
by equal shares, we will follow this method"also. re uest, the insured will bring suit or transfer
those rights to us and help us enforce them.
Under this approach, each insurer contributes
equal amounts until it has paid its applicable limit 13.When We Do Not Renew.
of insurance or none of the loss remains, which- If we decide not to renew this Coverage Part, we tj i
ever comes first. will mail or deliver to the first Named Insured
If any of the other insurance does not permit shown in the Declarations written notice of the
contribution by equal shares, we will contribute nonrenewal not less than 30 days before the ex-
by limits. Under this method, each insurer's share piration date.
is based on the ratio of its applicable limit of in- If notice is mailed, proof of mailing will be suffi- ;r,"
l surance to the total applicable limits of insurance cient proof of notice. y
-i of all insurers.
SECTION V - DEFINITIONS
9. Premiums. I ,
The "contractor:" 1. Auto means a land motor vehicle, trailer or pp iy.
G:4t''iYn'tr{t,
!.;
semitrailer designed for travel on public roads,
a. "Is responsible for the payment of all premiums; including any attached machinery or equipment
and But "auto" does not include "mobile equipment."
b. Will be the payee for any return premiums we �
P 2. Bodily injury' means bodily injury, sickness or
lwq
pay. disease sustained by a person, including death
resulting from an of these at an time. =' K ;
10.Premium Audit. y y rj `=F <•t
a. We will compute all premiums for this Cover- 3. "Contractor" means the contractor designated in
age Part in accordance with our rules and the Declarations. ti•, ;,�
rates. 4. "Impaired property" means tangible property,
b. Premium shown in this Coverage Part as ad- other than work performed for you, that cannot
Vance premium is a deposit premium only. At be used or is less useful because: A°
the close of each audit period we will com-
a.a. It incorporates work performed for you that is f;
pute the earned premium for that period, Audit
premiums are due and payable on notice to known or thought to be defective, deficient,
inadequate or dangerous; or 9
the "contractor." If the sum of the advance
b. You have failed to fulfill the terms of a con-
and F
and audit premiums paid for the policy term r
tract or agreement; , t`
is greater than the earned premium, we will 9
9 : r•
return the excess to the "contractor."
(( ,•y:`i. _. s}k 1ttit .'S
Pager of.7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 ' ❑ L
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COMMERCIAL GENERAL LIABILITY �•,,� ._ .�
T
if such property can be restored to use by: f. Vehicles not described in a., b•, c. or d. abovar
maintained primarily for purposes other than
a. The repair, replacement, adjustment or re- p y p p
" moval of the work prepared for you; or the transportation of persons or cargo. + v
Fx However, self-propelled vehicles with the fol- �
b. Your fulfilling the terms of the contractor
;; ,.; .„•
' lowin g types of permanentl y attached equip-
agreement.
�.:.•
ment are not mobile equipment but will be t�=�k�;�����;; �
' 5, "Insured contract” means: considered "autos:" Ah" e'
a. A lease of premises; ,;,.,��r.2n;.
(1) Equipment designed primarily for: ��k:''�•'�P'��° '.
b, A sidetrack agreement; (a) Snow removal;
C. Any easement or license agreement, except in (b) Road maintenance, but not con-
connection with construction or demolition struction or resurfacing;
operations on or within 50 feet of a railroad; (c) Street cleaning;
d. An obligation, as required by ordinance, to 2
indemnify a municipality, except in can- ( ) Cherry pickers and similar devices °? a
mounted on automobile or truck chassis
nection with work for a municipality; or and used to raise or lower workers; and a
e. An elevator maintenance agreement. (3) Air compressors, pumps and generators, K
6. "Mobile equipment" means any of the following including spraying, welding, building
types of land vehicles, including any attached cleaning, geophysical exploration, lighting
machinery or equipment: and well servicing equipment.
a. Bulldozers, farm machinery, forklifts and other 7• "Occurrence" means an accident including con-
vehicles designed for use principally off public tinuous or repeated exposure to substantially the
roads; same general harmful conditions.
b. Vehicles maintained for use solely on or next 8• "Property damage" means:
' to premises you own or rent; a. Physical injury to tangible property, including
c. Vehicles that travel on crawler treads; all resulting loss of use of that property . All
4 such loss of use shall be deemed to occur at
d. Vehicles, whether self-propelled or not, main-
the time of the physical injury that caused it; •: ; ,:;:
tained primarily to provide mobility to perma- or
nently mounted: "?i
b. Loss of use of tangible property that is not
(1) Power cranes, shovels, loaders, diggers or physically injured. All such loss of use shall
drills; or be deemed to occur at the time
e of the "oc- '
(2) Road construction or resurfacing equip- currence that caused it.
ment such as graders, scrapers or rollers; 9. "Suit" means a civil proceeding, brought in the :,'--; ''..,
e. Vehicles not described in a., b., c. or d. above United States of America (including its territories
and possessions), Puerto Rico and Canada, in
< that are not self-propelled and are maintained which damages because of "bodily injury" or
primarily to provide mobility to permanently Y
attached equipment of the following types: "property damage' to which this insurance ap-
plies are alleged. Suit includes:
(1) Air compressors, pumps and ..DF
p generators, ti���� �,;,•
A
including spraying, welding, building a. n arbitration in which such damages are
cleaning,*geophysical exploration, lighting claimed and to which you must submit or do
and well servicing equipment; or submit with our consent; or
b. Any other alternative dispute resolution roc-
(2) Cherry pickers and similar devices used to p 4asN;r, x`- '
ess in which such damages are claimed and i:•,
raise or lower workers; ., 50,r �'�.G
to which you submit with our consent. w
'f 10."Work" includes materials, parts or equipment ;' {
furnished in connection with the operations.
CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 7 of 7rz
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. 'J• ., . ,. .r...a.,ti. t ce1:vY.. i _ �.., yk°.w.i`i�{ �d�: .7?-Y?in"'�y.ILSL 't'�' ���,`A �i �• +�, y �
POLICY NUMBER: EC65033020
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
' ABSOLUTE ASBESTOS EXCLUSION
a tt t r
�a �s
,g :' : This endorsement modifies insurance provided under coverage
g parts or coverage forms as designated
below. This endorsement contains two sections and each section pertains to different coverage parts or
Al coverage forms. Please compare the coverage parts listed on the Declarations page with the coverage partst{N
referenced In both Section 1 and 2 of this endorsement to determine the applicability of each section, , ?
PLEASE REAM THIS ENTIRE ENDORSEMENT CAREFULLY.
is
k, 1. This section applies to the following:
, Y {j`.,',
- Commercial General Liability Coverage Part
- Owners and Contractors Protective Liability Coverage Part
- Products/Completed Operations Liability Coverage Part
- Farm Liability Coverage Form (this form is contained within the Farm Coverage Part) `
Notwithstanding any other provision of this policy, the insurance provided by any of the above does not '
apply to any of the following:
V, a. "Bodily in)ur y "personal ijury" or "property damage'
Ai
arising out of or relating in any way to
asbestos; or
"suit"
b. Any claim, or proceeding arising out of or relating
_ gin any way to any demand, requirement, `:•'�°, �.z�!;;f;
order, direction, determination or request that you or any other entity pay, repay or reimburse sums
expended or to be expended to test for, investigate, monitor, clean up, remove, study, contain, treat, '`
encapsulate, control or take any other action regarding asbestos' or
iY
c. An
xt
y claim, "suit' or proceeding arising out of or relating in any way to any demand, requirement,
;,. order, direction, determination or request that you or any other entity test for, investigate, monitor, t" s
clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding
asbestos; or
` d. Any sums that you become legally obligated to pay as damages because of the actual, alleged or �?+
; . threatened discharge, dispersal, release, leakage, leaching, friability, flaking, escape or presence of N`
r` asbestos; or t .
te. Any loss, cost or expense arising out of or relating in any way to asbestos.
2. This section applies to the following: .,:
- Commercial Property Coverage Part
- Farm Property Coverage Form (this form is contained within the Farm Coverage Part)
Notwithstanding any other provision of this policy, the insurance provided by any of the above does not
apply to any of the following:
a. Any physical loss or damage caused by or resulting from asbestos, regardless of any other cause or
event that contributes concurrently or in any sequence to the loss or damage; or
b. Any demand, requirement, order, direction, determination, or request that you or any other entity
pay, repay or reimburse sums expended or to be expended to test for, investigate, monitor, clean
up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos;
or
C. Any demand, requirement, order, direction, determination, or request that you or any other entity
test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take
any other action regarding asbestos; or
y
15153 Ed.9-89 f
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OWNERS ' I'MoD CONNTRAU
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MARYLAND CASUALTY COMPANY
BALTIMORE, MARYLAND 21243
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Maryland Casualty companies
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IL
47735 Rev. 8-89
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OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM QUICK REFERENCE ' .:
READ YOUR POLICY CAREFULLY
}. DECLARATIONS !PAGE
fm�
i Named Insured and Mailing Address
Policy Period
r.
Designated Contractor and Mailing Address k'1
Location of Operations
Limits of Insurance ginning s
' Endorsements - IL 00 21 (Broad Form Nuclear Exclusion) Beginning
Page
SECTION I — COVERAGES
Bodily Injury and Property Damage Liability
iInsuring Agreement............................................................................................................................. 1 3
>;. Exclusions 1 �z
--..__...---•----------••----•---------•------••--------•.....................•-•-•-••--•--•....._..--
r Supplementary Payments............ _
•--•-----....--•---------------------•-••--•---------•...-••-•--------•_.._.
SECTION II — WHO IS AN INSURED 3
SECTION III — LIMITS OF INSURANCE 3
SECTION IV — CONDITIONS
' Bankruptcy................................. 3
Cancellation_-- -__-- -
Changes..........................
_-__--... -------- _________
Duties In The Event of Occurrence, Claim or Suit_-•_••
! Examination of Your Books and Records
Inspections and Surveys•__--_-._-_•-__-___-_-•-----
Legai Action Against Us•---.•--•••--••.--
Other Insurance-._•---,__--_-•--•--_
Premiums..........
Premium Audit.......... 5
Separationof Insureds............................................................................................................................... 5
Transfer of Rights of Recovery Against Others To Us----•-_.•.-
t
SECTION V -- DEFINITIONS 5
ENDORSEMENTS (II Any)
Copyright, Insurance Services Office, Inc., 1984
t ..�} �..ew k��f�Ki"i"t, �N�eiS•�,t+ia�� �,�7t�p���`�'�a Uy'''•�irY,y�t+'��•.,,�,t�t�gF!"� {�,..,n� ,
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't+ ,. F{.R� � .'�� 3Y S ;. t,4 { ,f1Y• t � t t 1 4 t �' r��g' '�t'15�� ,
$• �'1 t� { Y�dt S�` J raft � -3e rL�R v 1 r :rrls�� s5�.�s'a ,rt� .1i 'k^�*
::a�,. d y � �r.r{( �rac"fC�i.� r� -:i 1” f'� :"�3 t f?:t,+:. s S �,�nl� tr,e�'t s+°'� x� +.,7 wt�z+�'�,�,� � yip •s'{�t:�r ,
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�� ��tu+.a+:nnAirtekM:s+;,;u.:c�,:.�_:;:d,.ae,:niiniaerMh ttf6lff?`E'�2filY??"'s�S,e�rl+:�.'I�S�i£k't. i .ti:,., .i•wr:I q '.. .. ..r1:. .... ..... `
ri y't ddU`t `
THE FOLLOWING ENDORSEMENT APPLIES WHEN INDICATED BY ENDORSEMENT NUMBER OF THE DECLARATIONS:
N
-"; THIS Et'�DORSERIENT CHANGES TFiE POLICY. PLEASE READ IT CAREFULLY,
IL 00 21 11 85 - NUCLEAR ENERGY LIABILITY EXCLUSION EPA®0t13��Ci:9E�3' �BI���� �E���i)
G M
9. The Insurance dons not apply; 2. As used in this endorsement;
A. Under any Liability Coverage, to "bodily injury" or "property "Hazardous properties" include radioactive, toxic or explosive properties;
_ `• damage:" "Nuclear material" means "source material," "Special nuclear material"
(3) With respect to which an "insured" under the policy is also or "by-product material;" t
an insured under a nuclear energy liability policy issued by
Nuclear Energy liability Insurance Association, Mutual Atomic "Source material," "special nuclear material;' and "by-product material
have the meanings given them in the Atomic Energy Act of 1954 or In
Energy Liability Underwriters, Nuclear Insurance Association
of Canada or any of their successors,or would be an insured any law amendatory thereof;
under any such policy but for its termination upon "Spent fuel" means any fuel element or fuel component, solid or liquid, ttt'_?�tr t+i+:',
exhaustion of its limit of liability; or which has been used or exposed to radiation in a "nuclear reactor;
(2) Resulting from the "hazardous properties" of "nuclear "Waste" means any waste material (a) containing "by-product material" , .:; „r ?•
' material" and with respect to which (a) any person or other than the tailings or wastes produced by the extraction or
organization is required to maintain financial protection concentration of uranium or thorium from any ore processed primady for
pursuant to the Atomic Energy Act of 1954, or any law its "source material" content, and b resulting from the operation by
amendatory policy y person or organization of any "nuclear facilit ' '
' amendaio thereof, or (b) the "insured" ice, or had this olic an y' included under the
not been issued would be, entitled to indemnity from the first two paragraphs of the definition of "nuclear facility."
f United States of America, or any agency thereof, under any Nuclear facility" means:
agreement entered into by the United States of America, or
any agency thereof, with any person or organization. (a) Any 'nuclear reactor;"
R. Under any Medical Payments coverage, to expenses incurred with (b) Any equipment or device designed or used for (1) separating
respect to "bodily injury" resulting from the "hazardous properties" the isotopes of uranium or plutonium, (2) processing or
of "nuclear material' and arising out of the operation of a "nuclear utilizing "spent fuel;' or (3) handling, processing or packaging
,
"
facility" by any person or organization. "waste;" •`� sa
C. Under any Liability Coverage, to "bodily injury" or "property (c) Any equipment or device used for the processing, fabricatingt;
damage" resulting from the hazardous properties" of "nuclear or alloying of 'special nuclear material if at any time t !
material;' if: y
' total amount of such material in the custody of the "insu
(1) The "nuclear material" (a) is at any "nuclear facility" owned
at the premises where such equipment or device is locate r ':•'
consists of or contains more than 25 grams of plutonium or �,•,;:„
by, or operated by or on behalf of, an "insured" or (b) has t ,,
been discharged or dispersed therefrom; uranium 233 or any combination thereof, or more than 250
grams of uranium 235;
(2) The "nuclear material" is contained in "spent fuel" or "waste' t` '=• "
at any time possessed, handled, used, processed, stored, (d) Any structure, basin, excavation, premises or place prepared . ? ,
transported or disposed of by or on behalf of an "insured;" or used for the storage or disposal of "waste;' n
or and includes the site on which any of the foregoing is located, all '
(3) The "bodily injury" or "property damage" arises out of the operations conducted on such site and all premises used for such
furnishing by an "insured" of services, materials, parts or operations;
equipment in connection with the planning, construction, "Nuclear reactor" means any apparatus designed or used to sustain
;< maintenance, operation or use of any "nuclear facility," but if nuclear fission in a self-supporting chain reaction or to contain a critical
such facility is located within the United States of America,
its territories or possessions or Canada, this exclusion (3) mass of fissionable material;
"Property damage" includes all forms of radioactive contamination of appll es only to "property damage" to such "nuclear facility"
t and any property thereat. property.
IN WITNESS WHEREOF, this Company has executed and attested these presents; but this policy shall not be valid unless countersigned
` by the duly authorized Agent of this Company at the agency hereinafter mentioned.
t
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"Al
t7?"fit
'•:fe i
'� / ,ecretary President
Includes copyrighted material of Insurance services office,Inc.,with Its permission. a.•
Copyright,Insurance services office, Inc., 1984.
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