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HomeMy Public PortalAboutORD11939 l BILL NO. 93-58 SPONSORED BY COUNCILMAN BERNSKOETTER ORDINANCE NO. 1_ 1939 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING TO THE THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDME HORIZO S COMPOST OPERATION AND SERVICE CONTRACT WITH GREEN GARDEN CENTER, INC. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Amendment to the Compost Operation and Service Contract with Green Horizons Garden Center, Inc. to change the hours of operation. Section 2. The amendment shall be substantially the same inform 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. � k Passed: Approved: k . ' Presi Officer M ' ATTEST: City,Clerk 10, �R .' '°`�...,.�tvsrl�kk ar�«,lGkt�"api]rfNe att+ntrdr,4Nuii'4,���wKK�•}• ay4. CONTINENTAL WESTERN COMPANIES 11201 Douglas, Box 1594 Des Moines, IA 50306 COMMON POLICY DECLARATIONS t. ± RENEWAL DECLARATION it Y` POLICY NO. 2162112 REFERENCE NO. 05-6000695-5/000 PREV POLICY NO 2162112 RENEWAL OF 05-0037007-6 ` NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 00814241 rY .> CITY OF JEFFERSON WINTER-DENT & COMPANY 320 E MC CARTY BOX 1046 <' JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 ' POLICY PERIOD: From 07/26/95 to 07/26/96 Standard Time at your mailing address as shown in Section Declaration. r The Company affording coverage is designated by name in the declarations or information page for each section of the Policy. "" ' Business Description: " }' ' Insured i s: CORPORATION a''�W,: - ''y� ' IN RETURN FOR THE PAY14ENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE S,rrntt>; f: %. THE INSURANCE AS STATED IN THIS POLICY. ?�ri6,+,Is,,, THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECTr� +�a TO ADJUSTMENT. y' SECTION COVERAGE PART PREMIUM �.ry 1 Property x 2 General Liability 206 3 Crime 4 Inland Marine 5 Garage 6 Automobile 7 Workers' Compensation 8 Excess Liability ' 9 BOP Jy fa. 10 ESTIMATED TOTAL $206 FORK(S) AND ENDORSEMENT(S) MADE A PART OF THXS POLICY AT TIME OF ISSUE: THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. t TERSIGNED AT: DATE: 45, BY: ' AUTHORI D REPRESENTATIVE Insured's Copy ` '?. CW190(0) (1-92) 08-24-95 H1 KLW Page 1 of 1 I r . ) .r 4. t�'i. Yid•..yt'.Ja.E�r j:,. z Ii ,,*6}y';ri 4 s �'kt,'�.;�zy r.�. ,�Y �c 4t rt°u 57� ��RI e F 7, + z t t {. � ta:. '� v rr a..ST ttrK+ �•t }t b K. n74,�t''££2,��+'�s}�,fit .��{7 i{ t +' �t s V l 1, .+��1..r 1 � } .?q:A y.� t.. }�'i � ✓-rt 7�t'�i i��.5f �, c. r ' ��R'Y. ���tj;4"t'+'+X•$"��r ,�� i�, ' ? t:* q FF `trsf jic?"�•.++ "'r t .y, „i` ca ;a..cn;,�t.. 1.,., .'I t3 , t�. � F*rW ta4y;".��"t!'IF il1i�T ,� 4RJ�. � � �� ✓�J. � E�i���is'•.�', ey J !�i� �� ��'i -� I�I v+752: }3x., ¢ •a'�' ,��,,a,4 i'{rr�`r r3 d y s-7 N, D. , ,�ss � s•.J� d �� v ir� fi CONTINENTAL WESTERN INSURANCE COMPANY 11201 Douglas, Box 1594 Des Moines, IA 50306 COMMERCIAL GENERAL LIABILITY RENEWAL DECLARATION x :,;tl ,`r.. POLICY NO. 2 862112 REFERENCE NO. 03-6000694-5/000 PREY POLICY NO 216x112 RENEWAL OF 03-0031520-4 i f. NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 00814241 1 CITY OF JEFFERSON WINTER-DENT & COMPANY ` 320 E McCARTY BOX 1046 ? JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 POLICY PERIOD: From 07/26/95 to 07/26/96 12:01 A.H. AT THE INSURED'S MAILING ADDRESS THE NAMED INSURED IS : CITY BUSINESS DESC OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE Designation of Contractor and Mailing Address: 114SURA CC APPROVED GREEN HORIZONS GARDEN CENTER INC / a 4316 RTE CC JEFFERSON CITY, MO 65109 5 Data � LIMITS OF INSURANCE GENERAL AGGREGATE $ 1, 000, 000 EACH OCCURRENCE $ 1, 000, 000 t AUDIT PERIOD: F LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY: LOC # 1: COMPOST AREA OFF OF HYDE ROAD JEFFERSON CITY, NO PMS PDTS LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE OWNERS/CONTRACTORS LIABILITY OPERATIONS 17982 TOTAL COST 75,000 .927 t ,a ESTIMATED COMMERCIAL GENERAL LIABILITY PREMIUM $206 �1 Insuradis Copy CW190(2) (1-92) Pape 1 of 2 �Pr,K ' Pr*;�i °t �. �j� ,F tirr 'V•.S�:T�SN� }i't�, _ 'zC4r,, �s�'�,lya� �,� {(�ttt�['i�t� s re'�j,�3i ' ,�¢az °���;. .�,`• � h _pq YL ,. r •.ir�. .. _'._. .� :..fir �.e.... � - ,_ • � . . . .i 1._. _ '�_ .�_. +.'�..Y .. ��3. e.,. � ao':�X.+ t � �4 1 f ;'i a EAFr r. ;,y''�zti.rFty i},,'YJ�' !' �•t3.3,ds^f.ti',•'jOn "w t�,:'Y'mSH' 's,. � �1"T1 t,�,i;3 ,.,g i rS? _ur§� .3S` f„ `. a r Yx i.y. ;.ty� I r' .• i s o' yJ �.!, 7!+yi .�ry r r C'M'M"�k{•�`.�tF"5ilt 1,+f2�.�Ak�' F t.E °3 h 'J CONTINENTAL WESTERN INSURANCE COMPANY 11201 Douglas, sox 1594 Des Moines, IA 50306 COMMERCIAL GENERAL LIABILITY RENEWAL DECLARATION POLICY NO. 2162112 REFERENCE NO. 03-6000694-5/000 PREV POLICY NO 2162112 RENEWAL OF 03-0031520-4 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 00814241 `# CITY OF JEFFERSON WINTER-DENT & COMPANY 320 E McCARTY BOX 1046 JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 POLICY PERIOD: From 07726/95 to 07/26/96 12:01 A.M. AT THE INSURED'S MAILING ADDRESS FORMS AND ENDORSEMENTS APPLYING TO COMMERCIAL GENERAL LIABILITY COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE: CW1019 (10-90) IL0021 (11-85) CW190(2)(1-92) CG2951 (10-93) CW1396 (12-93) CG0009 (10-93) CG2929 (09-a7) CG2625 (08-92) THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE'FORM(S) AND FORMS AND-ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED AT: DATE: BY: AUTHORIZED REPRESENTATIVE Insured's Copy '? CW190(2) 0-92) 08.24.95 111 KLW Page 2 of 2 BONN s k t ' hf• ., .,_ c� 1 S'..1 `�. ,•r -,�� �4 4 SSS t �, k', .t r1.� '�. 3�'�krEb��Ay, .'Ftdu 5��.°�b'r+l!xf'At`;1 rt.k'.i�yz�t'Y"�+{ryg 7(u r't`$ri,'rn�NX3`a. : n S-wSn{+#t' .i �•,v- !v '{ix��yy�ir 4Y'.�X l+Y�t?I,y�, l�.�t ,}. 'x •c r1�t'S hr� .FU c, t. 4 COMMERCIAL GENERAL LIABILITY r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. MISSOURI CHANCES CANCELLATION AND NONRENEWAL This endorsement modifies Insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART x.. A. Paragraph 2.b. of the Cancellation Condition Is replaced by the following: (c) We become Insolvent; or, 2-b.We may cancel this policy by mailing or deliver- (d) We involuntarily lose reinsurance for this Ing to the first Named Insured and the"contrac- policy. tor' written notice of cancellation, stating the (3) 60 days before the effective date of cancella- actual reason for cancellation, at least: tlon if we cancel for any other reason. (1) 10 days before the effective date of cancella- B. The following Is added to CONDITIONS: tion Uwe cancel for nonpayment of premium; NONRENEWAL (2) 30 days before the effective date of cancella- 1.We may elect not to renew this policy by mailing Con If cancellation Is for one or more of the or delivering Ive rin g to the first Named Insured following reasons, "contractor," at the last mailing addresses (a) Fraud or material misrepresentation known to us, written notice of nonrenewal, stat- affecting this policy or a claim flied Ing the actual reason for nonrenewal, at least under this policy or a violation of any of shy days prior to the effective date of the non- the terms or conditions of this policy; renewal, (b) Changes In conditions after the effective 2. If notice is mailed, proof of mailing will be date of this policy which have materially sufficient proof of notice. + Increased the risk assumed; i 1 V l r CO 28 28 08 87 Copyright, Insurance Services Office, Inc,, 1987 . r �1%` � � rx � y„7/�Lp.a 'S,f +, Lk irt ��T'{."• #i = s . '�.•?. ��.� tyz�t h�{�', "�4 }�ij�y�..'; r y ���,t�°t, .�yV�,G��� +�+,��a,'f, s i�kf"� �-*a��?t `i�r. . `� �1 ; •1,2`•,_°: =. �z $ rvl + .. T :tj�,y� i ;�'..r`iC" x}r+",. n , � 1?,#;r:: � j It s?;.. � x F' + F Ad .............. ............. COMMERCIAL GENERAL LIABILITY CG 26 25 08 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES - GUARANTY ASSOCIATION This endorsement mDdfflos Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Missouri Property and Casualty Insurance Guaranty If the Insured prepares an annual report to Association Coverage Limitations shareholders, or an annual report to manage- ` A. Subject to the provisions of the Missouri Property ment reflecting net worth, then such report for and Casualty Insurance Guaranty Association Act the fiscal year Immediately preceding the date of (to be referred to as the Act), If we are a member of Insolvency of the Insurer will be used to dater- the Missouri Property and Casualty Insurance mine not worth. Guaranty Association (to be referred to as the As- 2. Payments mado by the Association for covered soclation), the Association will pay claims covered claims will Include only that amount of each under the Act If we become Insolvent. claim which Is: B. The Act contains various exclusions, conditions and a. In excess of $100; and limitations that govern a claimant's eligibility to col- b. Lose than $300,000. lect payment from the Association and affect the amount of any payment. The following limitations However, the Association will not: apply subject to all other provisions of the Act: (1) Pay an amount In excess of the ap- 1. Claims covered by the Association do not In- plIcable limit of Insurance of the policy clude a claim by or against an Insured of an from which a claim arises; or Insolvent Insurer, If the Insured has a net worth (2) Return to an Insured any unearned of more than $25 million on the date the Insurer premium In excess of$10,000. becomes Insolvent. These limitations have no effect on the coverage we will provide under this policy. rtr Y. I. CG 26 25 08 92 Copyright, Insurance Services Office, Inc., 1992 MV ON% NOTICE TO POLICYHOLDERS BROADENINGS9 RESTRICTIONS AND CLARIFICATIONS OF COVERAGE This notice has been prepared In conjunction with the Implementation of changes to your policy. It contains a brief synopsis of the significant broadenings, restrictions and clarifications of coverage that were made In each policy form and endorsements. This notice does not reference every editorial change made In these forms and endorsements. Please read your policy,and the endorsements attached to your policy, carefully. BJ30A ENINGS 12F CQMMAU CG 00 01—Commercial General Liability Coverage Form (Occurrence Vemlon) 'CG 00 02—Commercial General Liability Coverage Form (Claims-Made Version) CG 00 09—Owners and Contractors Protective Liablifty Coverage Form CG 00 33—Liquor Liability Coverage Form (Occurrence Version) CG 00 34—Liquor Liability Coverage Form (Claims-Made Version) perations Liability Coverage Form (Occurrence Version) CG 00 37—Products/Completed 0 CG 00 38—Products/Completed Operations Liability Coverage Form (Claims-Made Version) CG 00 39—Pollution Liability Coverage Form(Designated Sites) CG 00 40—Pollution Liability Limited Coverage Form (Designated Shea) CG 04 24—Coverage for injury to Leased Workers CG 28 07—Principals Protective Liability Coverage These coverage forms and endorsement CG 28 07 are revised to broaden coverage with respect to liability of leased workers. Two now definitions femployee"and "leased worker") have been added to give leased ra it nall workers the same status (both coverage and exclusions) under the CGL program as the t d lo employee. Endorsement CG 04 24 provides an optional coverage for the Insured's liability for Injuries 's business. A ed to the conduct of the Insured sustained by leased workers while performing duties relat leased worker Is defined as ua person leased to you by a labor leasing firm under an agreement between worker you and the labor leasing firm,to perform duties related to the conduct of your business. 'LeRsed does not Include a'temporary worker'." CG 00 01—Commercial General Liability Coverage Form (Occurrence Version) Z.. —Commercial General Liability Coverage Form (Claims-Made Version) CG 00 02 CG 00 37—Prod ucts/Completed Operations Liability Coverage Form (Occun once Version) CG 00 38—Products/Completed Operations Liability Coverage Form (Claims-Made Version) These coverage forms have been revised to broaden coverage with respect to the minsured contract" definition. Previously, the exception to paragraph f. applied to any person or organization. There Is now coverage for liability assumed In contracts or agreements that Indemnify persons or organizations other than a railroad for Injury or damage arising out of construction or demolition operations within 50 feet of railroad property and affecting such property. CG 00 39—Pollution Liability Coverage Form (Designated Shes) —Pollution Liability Limited Coverage Form (Designated Sites) CG 00 40 CG 03 00—Deductible Liability Insurance —Deductible Liability Insurance CG 03 05 CG 28 33—Voluntary Clean-Up Costs Reimbursement There Is a broadening in coverage In these coverage forms and endorsements when a loss exceeds the occurrence limit. Previously, deductibles reduced both damages and limits. Under the revised endorsement only damages will be reduced by the deductible. CW 1396(12-93) W-A.5m lill Wk " T ,14 Y P:�Y. ' ( �Y*3 �r�.�� r• t � � r/ f� ^V'+w-"^r-^.-.—��.^'�.4__;r--�-'r^+''-?^T t .i..`r'£ � � .Lr. ' ' 7^',Y l'1' Tr t ,. .. `ik�r'E{i �.� t f � .�Ic s f:r✓ . . n �1#,a£ �4"+y +i��.� 1 ��, i 7�L' t� �'#'�Y'r.�'j%,,r3,},"a,., �; v rxd`v: - -+r sc.�•�, t CG 20 23—Additional Insured—Executors,Administrators,Trustees or Beneficiaries 3 This endorsement now provides coverage to executors, administrators, trustees or beneficiaries of an Insured's living trust while acting within the scope of their duties as such. Previously, coverage appil®d only to the estate. CG 22 85—Optical and Naarin Aid Establishments p 0 Coverage in this endorsement is broadened to provide that employees of optical and hearing aid establishments will be covered for their liability arising out of rendering or failure to render professional health care services with respect to optometry or optical or hearing aid services. CO 22 8g—Druggists t Coverage In this endorsement is broadened to provide that employees of druggists will be covered for :t r their liability arising out of rendering or failure to render professional health care services as pharmacists. CG 2417—Contractual Uebiltty-Railroads This new endorsement is optional. It amends paragraph c. of the definition of "Insured contract" and f deletes the exception for construction or demolition operations within 50 feet of a railroad to provide contractual liability coverage under the contractor's CGL policy. RESTRICTIONS IN,COVERAGE CO 20 21—Additional Insured — Volunteers CO 2022—Additional Insured — Church Members,Officers and Volunteer Workers These endorsements are revised to include the consequential injury, third-party action-over and professional health care exclusions to provide for consistency with the CGL policy. In addition,there Is no coverage for volunteer workers with respect to "personal injury' to other volunteer workers, the Named Insured,the Named Insured's employees and the Named Insured's partners and members. t ' CG 2147— Employment-Related Practices Exclusion 4 is The personal Injury exclusion in this endorsement will now apply 1) when the Insured may be liable as an employer or In any other capacity; and 2) when the obligation to share or repay damages arising from employment-related practices exists. Also, there is no coverage for consequential Injury to a spouse, child, parent, brother or sister at whom the employment-related practice is directed because of"bodily injury"and a � "personal Injury". CG 22 73— Exclusion—Oil or Gas Producing Operations This revised exclusion endorsement now applies to locations on which any insured, rather than any Named Insured, is performing operations. This tracks with current wording in the CGL: CG 28 07— Principals Protective Usbility Coverage The pollution exclusion is revised in several respects, particularly with regard to property' owned or occupied by or rented or loaned to any Insured. Therefore, this revision to the pollution exclusion in this endorsement may broaden its application under certain circumstances. This tracks with current wording In the OCP coverage form. 2. Y n�� � x r + f, r,l .p. �HT .'v k } .. x��d�•'� t��. �}, Ut{tlN 1 g t r sir • I' FIICCA11ONS IN COVERAGE AND OTHER EDITORIAL REY1SIONS—COVERAGE FORMS 6] All General Liability coverage forms contain minor editorial revisions to provide for consistency among ' t f r? policies. In addition, these coverage forms have been revised to Incorporate other various revisions In order to clarify coverage. Those changes to each individual coverage form are described below: r� CO 00 01—•Commercial General Liability Coverage Form (Occurrence Version) a , j CG 00 02—Commercial General Liability Coverage Form (Claims-Made Version) 3¢1 '' • The Coverage A- Bodily Injury and Property Damage Liabillty exclusions under Section I now contain .' ,< ;: M titles to provide for easier reading, • The mobile equipment exclusion is revised to clarify that liability arising from mobile equipment,which is not being raced, but being used to prepare for prearranged racing events is covered. Coverage is still t. excluded for mobile equipment engaging or preparing to engage In these events. 11Y • The Fire Damage Legal Liabilfty exception and the LIMITS OF INSURANCE section in the CGL coverage forms are revised to clarify that coverage exists for situations where an Insured Is given permission to ; occupy a portion of a building without the transfer of rent In the form of money. • Paragraph 1.b. under Coverage C (MEDICAL PAYMENTS) has been editorially revised to add the word "administered". • The WHO IS AN INSURED provision is revised to clarify that If the Named Insured is a partnership or ' joint venture, employees are nQt insureds for"bodily Injury" or"personal injury"to partners or members. This provision Is also revised to clan that there is no coverage for roe in the care, custody or • . �. P ftY g property rh/ Y control of the Named Insured. In addition,this provision Is reformatted to provide for easier reading. • The title in the DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT will now include the term , "OFFENSE" to reflect that Coverage B - Personal and Advertising Injury Liability Is triggered by an •:1 offense. N '' • The EXTENDED REPORTING PERIOD provision in the claims-made version of this coverage form is ;c editorially revised to clarify the language. • The exceptions in the "Insured contract"definition are reformatted and numbered in order to provide for ; easier reading. ? • � ;,,, • 'rho DEFINITIONS Section has been revised to add "executive officer" and "temporary worker" definitions. c; CG 00 09—Owners and Contractors Protective Liability Coverage Form— :& Coverage for Operations of Designated Contractor • The exclusions under Section I now contain titles to provide for easier reading. • The Work Completed or Put to Intended Use exclusion is revised to clarify that the exclusion does not apply to another contractor or subcontractor working for the"contractor". �a ;� • The mobile equipment exclusion Is revised to clarify that liability arising from mobile equipment used to prepare for prearranged racing events Is covered. Coverage Is still excluded for mobile equipment engaging or preparing to engage In these events. • The WHO IS AN INSURED provision is revised to clarify that If the Named Insured is a partnership or 'a joint venture, employees are lit Insureds for "bodily injury" to partners or members. This provision Is also revised to clarify that there is no coverage for property in the care, custody or control of the Named Insured. In addition,this provision is reformatted to provide for easier reading. • The DEFINITIONS Section has been revised to add "executive officer" and "temporary worker" 't. definitions. CG 00 33—Liquor Liability Coverage Form (Occurrence Version) CG 00 34—Liquor Liability Coverages Form (Claims-Made Version) • The exclusions.under Section I now contain titles to provide for easier reading. `A • The WHO IS AN INSURED provision is revised to clarify that If the Named Insured is a partnership or joint venture, employees are = Insureds for "injury" to partners or members. This provision is also Rr: revised to clarify that there is no coverage for property in the care, custody or control of the Named Insured. In addition,this provision is reformatted to provide for easier reading. 3. ` x r t y' �s'=�i'`s'�r, 'l?'q"i�'i•i�v..J tt,r.i�r, � ;"�'+Ti;: '.7� e i+i b �* t� �S�,j}�.t7ji'�• .d��'G�,���'rirt�,'1�j��ry���;Y�f}� f �+ti i . ' .. � `�}, }rn'`i• �4 �� 4 �rr� $lit jyyi f � 4• t� >K�r�tiSt��tt�',?9k1aTLt ¢�!'�� t �•4�Np<� �yi j fF Q'< t .p ,' i }n.�tk� i i i ',y t k'�`nt t 4 {�d.., taalti r s.} a.,it'}f 4y K f!}r•t `# q $ ftt}t '' t+V.�• 59,'t+ L k,}� � 7,�-e.3�{i�tr'•t'�t et`+,�tAA�y t��,FS hyLt�",aE',r.17"'w'�V. 2?Ar�,t �'Hf?r�T�;. �a`°'.�'`�+i3�"F� n t,�+ t � ,j{ r,irvi, rxtyy 21 ">`*,..uty' s� '114 y °��V A� J 4.1 1{ xft ^'�{ k`� 5� '�'3,tL `�.1�.f of .+. t y t Fr+ } �j r t. iy, t {i!t If .i �'" 'i'� S4 it r�'h•�a'�'�G� °"vt. .t .y >. '� rl"v t•�i MT i. r'r '� �f .� f`` .Ff f 1 l:t � ! y ,ry 1.y�`t � ,1 i'? � "t'rt #` µ"u.F 1} !.� .T d.. !.+✓�4` k »'�J �tt F :,Tr ..) h t•I l G tY ,yygj } ! t9i } } 5 <t}, y �:yl *t q1 f�' Y t� �iiG4 t[ �"•j .'i k CM NEs . The EXTENDED REPORTING PERIOD provision In the claims-made version of this coverages form is editorially revised to clarify the language. t • The DEFINITIONS SECTION has been revised to add "executive officer" and "temporary worker" definitions. CG 00 36—Railroad Protective Liability Coverage Form i m The exclusions under Section I now contain titles to provide for easier reading. r " ` • The DEFINITIONS Section has been revised to add an"executive officer"definition. CG 00 37—Products/Completed Operations Liability Coverage Form (Occurrence Version) !� CG 00 38—Products/Completed Operations Liability Coverage Form (Claims-Made Version) 4 ,1 • The exclusions under Section I now contain titles to provide for easier reading. e The WHO IS AN INSURED provision is revised to clarify that If the Named Insured is a partnership or r4 joint venture, employees are 1101 Insureds for "bodily Injury" to partners or members. This provision is also revised to clarify that there Is no coverage for property in the care, custody or centrel of the Named ; $ : Insured. In addition,this provision Is reformatted to provide for easier reading. • The EXTENDED REPORTING PERIOD provision in the claims-made version of this coverage form is editorially revised to clarify the language. ., e The exceptions in the"Insured contract" definition are reformatted and numbered in order to provide for a �r easier reading. ` i}+ • The DEFINITIONS Section has been revised to add "executive officer" and "temporary worker" definitions. :k 'r• CG 00 39—Pollution Liability Coverage Form (Designated Sites) CG 00 40—Pollution Liability Limited Coverage Form (Designated Sites) a o The exclusions under Section I now contain titles to provide for easier reading. v The WHO IS AN INSURED provision is revised to clarify that If the Named Insured Is a partnership or joint venture, employees are= Insureds for "bodily Injury" to partners or members. This provision is also revised to clarify that there is no coverage for property in the care, custody or control of the Named 3 Insured. In addition,this provision is reformatted to provide for easier reading. . Under the DUTIES IN THE EVENT OF A POLLUTION INCIDENT, CLAIM OR SUIT Condition, we have added language providing that an Insured must notify the insurer of the nature and location of any injury or damage arising out of a"pollution incident". a The DEFINITIONS Section has been revised to add "executive officer" and "temporary worker" definitions. CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS—ENDORSEMENTS CG 02 24—Earlier Notice of Cancellation Provided By Us (CGL) 'y CG 28 04—Earlier Notice of Cancellation Provided By Us (OCP) .7 , These new endorsements replace withdrawn endorsements CG 02 12 and CG 28 28 and provide a >r mechanism for an earlier notice of cancellation. CG 2007—Additional Insured — Engineers,Architects or Surveyors (CGL) CG 20 09—Additional insured — Owners, Lessees or Contractors (Form A) CG 20 10—Additional Insured — Owners, Lessees or Contractors (Form®) CG 20 31—Additional Insured — Engineers,Architects or Surveyors (OCP) These endorsements are revised to clarify theft only ongoing operations performed by the insured or on the Insured's behalf are intended to be covered. Since CG 20 07 is limited to apply to the CGL policy, new endorsement CG 20 31 has been created to apply to the OCP policy. 4, vf F S `• r5�1��', 'k�a,�t4s�r�tu,.�,r � ��4°f�a� f •d�„ ✓• } ty x t. +¢�qq �."` .j �• �"`� .,'. 1'.�� z''�4F tt� Yt' rt` +f ! # t{�� � ` ' ,y'�' �t.. 'T,Sc'i2 .}>r7 i yt 4f_ ti ff�i }} �/'..r,.✓f� } .} :'fit .tal. �Yv '� 7 Yd{ 'S i �'y, fr.i°ij ` r r . 1 `• '' S r.. t .'„s;'1� P e< �( 1 .S' t >'=�.1 U .-'S'•a�5 t g r ? 1 •�+}, l,krf.. _ �.. !: s ' _ _t__... ,. ' _ _ F_ __—...�_ r �a W '. "r ,'tt.9,ti f i,�i"�,y� § .i ����t ��� �� + , t, , s`. r , , ,t � r% �"k:e Rt fix.�'• ' CG 2017—Additional Insured — Townhouse Associations This endorsement is revised to clarify that the "property to which the townhouse owner has tills" is ( property. :;' CG 22 36—Exclusion-Products and Professional Services-Druggists u,bV' ,,, �.,� rra CG 22 37—Exclusion-Products and Professional Services-Optical and Hearing Aid Establishment$ CG 22 39—Exclusion-Camps or Campgrounds CG 22 44—Exclusion-Services Furnished By Health Care Providers CG 22 45—Exclusion-Specified Therapeutic or Cosmetic Services CG 22 65—Optical and Hearing Aid Establishments CG 22 69—Druggists ' CG 22 71—Colleges or Schools (Limited Form) CG 22 72—Colleges or Schools 3 These endorsements are revised to clarify that the services excluded are "professional ha&h care services." Aiso, to modernize some of these endorsements and to better define the types of services rr Intended to be excluded, new generic terms and phrases have been added. CG 22 41—Exclusion-Housing Project Sites bra;; Vr This endorsement is amended to clarify that coverage is excluded only for buildings which are to be t demolished. This exclusion will apply only during the period of vacancy preceding demolition operations, ,, f; and while the building is actually in the process of being demolished. Further, the language is revised to r , clarify that the exclusion only applies to bodily injury and property damage liability. CG 22 51—Exclusion-Law Enforcement Agencies This endorsement is revised to clarify that the exclusion applies to acts or omissions arising out of law enforcement activities performed by the named insured's police department or law enforcement agency. l 070`111`� CG 24 04—Waiver of Transfer of Right Of Recovery Against Others To Us (CGL) A This endorsement is amended to make it applicable to only the CGL Coverage Form. In addition, it is a r revised to clarify that the endorsement applies to both ongoing and completed operations. This ;I endorsement also contains various minor editorial changes. s t CG 29 51—Employment-Related Practices Exclusion This endorsement Is revised to clarify that the Injury must be to the person at whom the employment- related practice Is directed, or to that person's spouse, child, parent, brother or sister. In addition, this endorsement is no longer for use with the Liquor Liability policy. .6 _' IL 0918 — Retrospective Premium Endorsement—One Year Plan—Multiple Lines p p IL 0919 — Retrospective Premium Endorsement—Three Year Plan—Multiple Lines IL 09 20 — Retrospective Premium Endorsement—Five Year Plan—Multiple Lines In order to provide consistency with a change that the National Council on Compensation Insurance rt (NCCI) has made to their companion versions of these forms, the Retrospective Premium Endorsements are revised to eliminate the reference to"under Rating Option V." '.F CG 2135— Exclusion—Coverage C—Medical Payments CG 2139 — Contractual Liability Limitation y CG 2146— Abuse or Molestation Exclusion C1�iU' k �y.4 5 Y�r,p.i1 1'. Yl' tr f^'f •a^'Y'SR�Z" 'll r .' t�l �+.�.�.•^T' T, •+�3 'r<rt.'M"{4, ;a ..:y � `•iG f}�Yi7 f�:FS }n 4�T. �a1.4a ,fs+ Y t '� s' s i'r'( ac e {i 1. '. is e ..5� •S,iS-.�'91..wt ` �` s •jµ,b' �' .d h7 �:^ "i# d .a r� r E ,s : �.a`C , !t . 3 ^*—^*.•». r ,y^e f J Y i f 1. ,t,F -E gad , � ( , �i tt L•^��j'itikk �,jx 11`,f�f'j } al � e 'r a.. . t. i"r � t. �,� 1 x*w� 1: , �. pa q xj� 3 r�5 �,iyr� f f f w+ i s;' rri� � r P � s r<}t k "ti�} h t;� r'd, ) .r "iY,: a s s :.tt yaSa FAS 9f Y1 's1� ✓: U •} t.v t iR, { z'zP tq S• SS .;A p k• 1 f� r ez �?z '� ��sk'':f �i`��.Spar .��:; .t V, .....mss..._ .._._ ._.:� , +.�. �'�Xfi .�-:. ,� f.S. nq,yl rtti' .�1�)�,£`�'?r�"s+#+ t r,:.rr. � q},.S h' r..7S. ,♦;y r 2. r.g ,i �'r ., f9if..v;,;Fx �tk> '�'31g41��1 Ill�i�_. }� i,�i ��.��1 ^ ,,+• 4•iLi "`s'�2r•1",`i z�u7'f J z4x' C. !'_ 'Fy+„� rlY+'Q it1,Sw ,r 4S P#�;y�,s+ ( rr .}} app3l,`" .: ` } i�P 'l �q V• l+T'��L!&rl'�:t'�,�1�"�4 a�;'�'�ir" ���1"3"��''`5+�)C�"1�r�t&1€` c }� }�y,`?, f '�rty�U�drt����fijr;ay�v�s��-t . �i�i . r, .�. r i r, 't:-;. .,'.:...-..u,:5'}tLta:tr:.TO r�•.}e t } CG 2149— Total Pollution Exclusion Endorsement CG 22 30— Exclusion—Corporal Punishment ' CG 22 34— Exclusion-Construction Management Errors and Omissions CG 22 52— Exclusion-Medical Payments Coverage(Inmates, Patients or Prisoners) CG 22 87— Corporal Punishment °± CO 22 68— Operation of Customers'Autos on Particular Promises CO 22 75— Professional Liability Exclusion—Computer Software CG 24 08— Liquor Liability CG 24 09— Governmental Subdivisions CG 2410— Excess Provision—Vendors CG 2411— Fiduciaries-Fiduciary Interest CG 27 01— Supplemental Extended Reporting Period Endorsement(CGL) ;a. CG 27 02— Exclusion of Specific Accidents, Products,Work or Locations (COL) CG 27 03— Amendment of Section V— Extended Reporting Period for Specific Accidents, Products, ' Work or Locations CG 27 04— Supplemental Extended Reporting Period for Specific Accidents, Products, Work or Locations(CGL) CG 27 OS— Exclusion of Specific Accidents, Products,Work or Locations (Products) ,r CG 28 02— Insured Site Definition(Contractors) �k CG 28 03— Supplemental Extended Reporting Period Endorsement CG 28 31— Pollution Exclusion Amendment CG 28 34— Supplemental Extended Reporting Period Endorsement fiy CG 28 35— Supplemental Extended Reporting Period for Specific Accidents, Products, Work or ; a; Locations ' CG 29 80— Waiver of Transfer of Rights of Recovery Against Others To Us (OCP) ,u These endorsements are revised to Incorporate various editorial, reformatting and other changes in order r to provide for consistency with other forms in the CGL portfolio. Since CG 27 02 and CG 24 04 are being -•:r� limited for use with only the CGL policy, CG 27 05 has been Introduced for use with Products policy, and ` CG 29 88 has been Introduced for use with the OCP policy. �.t .j� �i r f }*q§� {�'' Y �a rxf .� tit����"�}.?�,i b�.r�}h,�;a31+•?�fr.r� 4t"�" r,N .�����A }pn�'{trr"f 4. , '� 7ryT' Sir� ? { . �hs, � ::5• '� .r:C � n�'.t, t. '1 .. � .r 1 r'�: t f}!, }t ,^�' S° t ft a`i � � w :�'^ � a. yy�y�� . �{ .�j�4t �. t t„ J :...J t .... .� ... �.: ;t t aai ' �';,...:4''+�3 + x}a r �'. 't `'� }_• t •'':5 K t.i'?`.4 491�F ' l��hIM71�XPkl'IM.e4 v!vA•wL�t+:i.'. ...••J•• •>� x t r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABIL ITY EXCLUSION ENDORSEMENT (Broad Form) ` This endorsement modifies Insurance provided under the following: Y BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ' LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART f' OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The Insurance does not apply: (1)The "nuclear material” (a) Is at any "nuclear facility" owned by, or operated by or on behalf A. Under any Liability Coverage, to bodily Injury of, an "Insured" or (b) has been discharged f� or "property damage:" or dispersed therefrom; ` 1 With res act to which an "Insured" under the �r ( ) p 2 The nuclear material" Is contained in spent ' olio Is also an Insured under a nuclear ener- O " "waste"� policy fuel or west® at any time possessed, hand- gy liability policy Issued by Nuclear Energy led, used, processed, stored, transported or Liability Insurance Association, Mutual Atomic disposed of, by or on behalf of an "Insured;" c , ' Energy Liability Underwriters, Nuclear In or } surance Association of Canada or any of their successors, or would be an Insured under any (3)The bodily Injury or property damage such policy but for Its termination upon ex- arises out of the furnishing by an "Insured" of ' services, materials, parts orequipment In con- nection with the planning, construction, maln- ; : (2)Resulting from the "hazardous properties" of tenance, operation or use of any "nuclear nuclear material and with respect to which facility," but If such facility is located within the (a) any person or organization Is required to United States of America, fts terrftorlea or pos- maltrtaln financial protection pursuant to the sessions or Canada, this exclusion (3) applies Atomic Energy ct of 1954, or any law amen- ,� 9Y only to property damage to such nuclear datory thereof, or (b) the "insured" Is, or had facility" and any property thereat. this policy not been Issued would be, entitled to Indemnity from the United States of 2. As used In this endorsement: I America, or any agency thereof, under any "Hazardous properties" Includes radioactive, toxic agreement entered Into by the United States or explosive properties; of America, or any agency thereof, with any r _ person or organization. "Nuclear material" means "source material," "Spe- I cial nuclear material" or "by-product material;" B. Under any Medical Payments coverage, to ex- penses Incurred with respect to "bodily Injury" "Source material," "special nuclear material," and t resulting from the "hazardous properties" of "by-product material" have the meanings given E "nuclear material" and arising out of the operation them in the Atomic Energy Act of 1954 or In any of a "nuclear facility" by any person or organiza- law amendatory thereof; tion. "Spent fuel" means any fuel element or fuel com- E `' C. Under any Liability Coverage, to "bodily Injury" ponent, solid or liquid, which has been used or ex- posed or "property damage" resulting from hazardous posed to radiation to a "nuclear reactor," properties" of "nuclear material," ff: �)f' IL 00 21 1185 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 {d ✓-""s f �s z^''r• v rw e—.r;....si^,.. r('j11+ -'srArf. . � zt t�+', .s.d't,�°�y`�' J'.��}x„. r•7;'�{�?,�Stb� :, a �• �•*t.:l• a,.4•yty5'55C t1lyh at:,t � , i 5 ! `' ! a Sa fi Y g . ` �i• . $`s�' +� �` ' z. f i aW r of tF w, r., °' 1 ! .' t r. ' }k d �-.�,`k pt'`� b�C�>�7q"A�;rY� Cq+.• tiiiFy!'Y s� t 9-`'l a' t t'r nt/ I '}s < ,r jf.'J 7 rr r4. 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T � .l t ei '3 tZ r tpN< n, t.,- .,t `j. ii 'x'��I t 3•�i�ws�r$f�}��f 1ti , x .1 .a..t3. >ti:a,7'� .tt�rtx tirn i(r'4'y�SZ �. 't if`t r�•s`�tt� s:#� r x a i Lf. ' 7 +�rji r5.k'>tV,7 �'�tti t .c{" k"'k 9 6'S. {, ''..X s.i-`. � ;�7 $,•ht}izT�y,Sri�, r3K �. .', i,r.,rt'.z(.Y��`�t tif{ t t Snit i'�` t r } i f fir,; .s f:44 3..'�rrtt, 11i f!. :.S F1 t. rr •ri: !V c�IZJ.BE' "4 f ,a . r rr -?. t air c e r ..y'Y,3 r! flt yL •,2 i .k. > •x 1 >tr 5 fit. !3r 1 ? .} f r5`d"t ,�� 7 J�'�.. $' S ft•s� W°e C t t qr x lJt Pr. +�"J.;id4�1+.. "Waste" means any waste materlai (a) containing (c)Any equipment or device used for th® "by-product material" other than the tailings or was- processing, fabricating or alloying of "special tes produced by the extraction or concentration of nuclear material" If at any time the total uranium or thorium from any ore processed amount of such material In the custody of the primarily for Its "source material" content, and (b) "Insured" at the premises where such equip- resulting from the operation by any person or or- ment or device Is located consists of or con- ganlzation of any "nuclear facility" Included under tains more than 26 grams of plutonium or the first two paragraphs of the definition of "nuclear uranium 233 or any combination thereof, or facility." more than 250 grams of uranium 235; "Nuclear facility" means: (d)Any structure, basin, excavation, premises or (a)Any "nuclear reactor;" place prepared or used for the storage or dls- posal of waste; (b)Any equipment or device designed or used and Includes the site on which any of the foregoing for (1) separating the Isotopes of uranium or Is located, all operations conducted on such site plutonium, (2) processing or utilizing spent and all premises used for such operations; fuel, or (3) handling, processing or packaging "waste;" "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-support- ing chain reaction or to contain a critical mass of fissionable material; "Property damage" Includes all forms of radioactive contamination of property. f Page 2 of 2 Copyright, Insurance Services Office, Inc., 1993, 1834 IL 00 21. 11 96 .r . 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'�� .r}.!:t1 5 is C��'•.t.`t '4 Gt.,L t? sr.' .t}' 1i 'f m�� d �-9'.r.£r�'.r; .S-r .t. , r; , .�,�r . .:;b.'r7il ` u �, ) i :YC: 1 lr,wj KA gl I " }� 14 " T :l}r ,; .i,. �r a. !`..\.;1�''S t{a „f( rj�t, qL a q F1.;.1�?] 1�.y S gq5'iS,'f(• t. r ;.N.[n LL`yyj'•''�' n .._�° 4i;� .ipti�fr:kir,�lls'} l?�5 iy, y t ' ! ..4' t , �1'i'' '.?' il'' .�f,' 'y,,:t•) i F r',.,4 .f kt{t�" ,' r.,''l,•r tiSi ifFr'�„`'.r+'d.:�' NYv7"�tf Kg':�5>�}" 4'!��`pE'}F�"qx�,-�f!''"'r i s Ft. "•sa'?I':.i'-s,1 is St':r : i. a, �} ,; •r"{,r:' 'C h: 5�� ;�i, i S�k L ,ra,,'a;. r.4 4p��`Sd°.�� �aet'%�•�S'r.++` r. .y tt} If:} .: � f�:..,,r,.4�u � „�dy�`c;:{9 r•r�yr}``k: x�,s� 1� �t�.�";���rr��.�'� �'�, tj}'•��.t, 4 �y''�.. } r, ,*>{ t '+5.;�,'! �',.rv�x:•. �?•}s�s�fr,°,•;;'°•�.';{,:t,!}, MM fr� .t.++, r { r s r•.. �ft5(t� •tg{,�.q'-,,y�'.I�T'."a�s �+�rt,.Pt7-Y. f q ?.,�.`Y.B'.j�,� :�s��.`�r° r, •� P�`, �t��" >f�, y}'4i !',, e. �;,,r ;e x,t'> �4t }r.�'`l.tt R§�ylv�', .gt�,•��t�;5� �w+��c,t„�.��'�� r�ti,; X � t r�.' 6U�}n'�•.,. }14�a'�F'•�'SP ; .3' �' t ' '�''v tt f�•'r r` T i'rta dt4.t 1�. .1 ,A�= 1' S�;� 4+ .',�a� � �..,r sl,,'C'R;N iy,s� #rt� u . jy� r• t l �I�y+►NHFb�Y t1,r. P 41' ,($!e. .' G?.t�,fgY.iF ty i �9�"t,2'�951r�j'.`t:� lS '�:r,.k .'ib�jt .�': r�v.:"�:At te�S•irF fk 3'Nf�q ,,� a . IIJ COMMERCIAL GENERAL LIABILITY �§ CO 29 61 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � I EMPLOYMENT e RELATED PRACTICES EXCLUSION This endorsement modifies Insurance :rovided under the following: g r ' OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART f The following exclusion is added to paragraph 2., Ex- (2) The spouse, child, parent, brother or slater of clusions of COVERAGES - BODILY INJURY AND that person as a consequence of "bodily Injury" PROPRTY DAMAGE LIABILITY (Section I - Cover- to that person at whom any of the employment- ages): related practices described in paragraphs (a), This Insurance does not apply to: (b) or(c) above Is directed. "Bodily Injury"to: This exclusion applies: (1) A person arising out rn`any: (1) Whether the Insured may be held liable as an employer or In any other capacity; and (a) Refusal to employ that person; (2) To any obligation to share damages with or , . (b) Termination of that person's employment; or repay someone else who must pay damages be- b: (c) Employment-related practices, policies, acts or cause of the Injury. omissions, such as coercion, demotion, evaluation, reassignment, discipline, defama- yr tion, harassment, humiliation or discrimination directed at that person; or rt' r 6 CG 29 61 1093 Copyright, Insurance Services Office, Inc,, 1992 F .tyy�"'r, T1F { .✓``? '.y fit. ..��: Y+� 1 1}�.;� M1}' t / .� 11 ^� f'��2�i•'��`!P3 ��+�S��f�r��j���.������i��r ���� k .',{."j � �I I ICI II h {i ` ,((, z y i;�• t,s, l nJ "s.X, yt " j�u,els; 5 ��t COMMERCIAL GENERAL LIABILITY CG 00 00 10 93 ul , OWNERS AND CONTRACTORS PROTECTIVE W LIABILITY COVERAGE FORM COVERAGE t:� FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read (a) Operations performed for you b the the entire policy carefully to determine rights, duties and contractor" at the location specified In what Is and Is not covered. the Declarations; or Throughout this policy the words "you"and "your" refer (b) Your acts or ornIsslons In connection to the Named Insured shown In the Declarations, The with the general supervision of such words"we","us"and our refer to the Company provid- operations; and Ing this Insurance. (2) The "bodily Injury" or "property damage" The word "Insured" means any person or organization occurs during the policy period. qualifying as such under WHO IS AN INSURED(Section c. Damages because of "bodily Injury" Include damages claimed by any person or organization Other words and phrases that appear In quotation marks for care,loss of services or death resulting at any have special meaning. Refer to DEFINITION$ (Section time from the "bodily Injury". V). 2. Exclusions. SECTION I - COVERAGES This Insurance does not apply to: BODILY INJURY AND PROPERTY DAMAGE LIABILITY a. Expected or Intended Injury 1. Insuring Agreement. "Bodily Injury" or "property damage" expected or Intended from the standpoint of the Insured. a. Wowill pay those sums that the Insured becomes This exclusion does not apply to "bodily Injury" legally obligated to pay as damages because of resulting from the use of reasonable force to "bodily Injury" or "property damage" to which protect persons or property. this Insurance applies.We will have the right and duty to defend any "suit" seeking those b. Contractual Liability damages. We may at our discretion Investigate "Bodily Injury" or "property damage" for which any "occurrence" and settle any claim or "suit" the Insured Is obligated to pay damages by that may result. But: reason of the assumption of liability In a contract or agreement. This exclusion does not apply to (1) The amount we will pay for damages Is liability for damages: limited as described In LIMITS OF IN- (1) Assumed In a contract or agreement that Is SURANCE (Section 111); and an "Insured contract" provided the "bodily (2) Our right and duty to defend end when we Injury" or "property damage" occurs sub- have used up the applicable llrhft of In- sequent to the 'execution of the contract or surance In the payment of judgments or agreement; or settlements. (2) That the Insured would have In the absence 1411 No other obligation or liability to pay sums or of the contract or agreement. perform acts or services Is covered unless ex- c. Work Completed or Put to Intended Use pllcfty provided for under SUPPLEMENTARY PAYMENTS. "Bodily Injury" or "property damage"which oc- b. This Insurance applies to "bodily Injury" and cure after the earlier of the following times: "property damage"only 11f: (1) When all "work" on the project (other than (1) The "bodily Injury" or "property damage" Is service, maintenance or repairs) to be per- caused by an "occurrence" and arises out formed for you by the"contractor"at the site of: of the covered operations has been com- pleted; or CG 00 0910 93 Copyright, Insurance Services Office, Inc., 1992 Page I of 7 T77, 17 rs _.k Wv� ,R :7.t.­ 7 7 (2) When that portion of the "contractor's" h. War Uwork%,out of which the Injury or damage "Bodily Injury"or"property damage"due to war, arises, has been put to its Intended use by whether or not declared, or any aot or condition her than Incident to war.War Includes civil war, Insurrec- any person or organization, ot another contractor or subcontractor work- tion, rebellion or revolution. This exclusion ap- Ing directly or Indirectly for the"contractor" piles only to: as part of the same project. (1) Liability assumed under an "Insured con- d. Acts or Omissions by You and Your tract"; or Employees (2) Expenses for first aid. "Bodily Injury"or 4property damage"arising out of your, or your employees', acts or omissions 1. Mobile Equipment other than general supervision of "work" per- "Bodily Injury"or"property damage"arising out formed for you by the "contractor". of the use of "mobile equipment" In, or while In 0. Workers Compensation and Similar Laws practice for, or while being prepared for, any prearranged racing,speed, demolition, or stunt- Any obligation of the Insured under a workers Ing activity. compensation, disability benefits or unemploy- Pollution ment compensation law or any similar law. f. Employer's Liability (1) "Bodily Injury"or"property damage"arising out of the actual, alleged or threatened dis- uBodIly Injury"to: charge, dispersal, seepage, migration, release or escape of pollutants: (1) An "employee" of the Insured arising out of and In the course of: (a) At or from any premlees, site or location (a) Employment by the Insured; or which Is or was at any time owned or occupied by,or rented or loaned to,any (b) Performing duties related totho conduct insured; of the Insured's business; or (b) At or from any promises, site or location (2) The spouse, child, parent, brother or sister which Is or was at any time used by or of that*"employee" as a consequence of for any Insured or others for the han- paragraph (1) above. dllng, storage, disposal, processing or treatment of waste; This exclusion applies: Whether the Insured may be liable as an (c) Which are or were at any time transported, handled, stored, treated, employer or In any other capacity; and disposed of, or processed as waste by (2) To any obligation to share damages with or or for any Insured or any person or repay someone else who must pay damages organization for whom you may be legal- because of the Injury. ly responsible; or This exclusion does not apply to liability as- (d) At or from any premlses, site or location sumed by the Insured under an "Insured con- on which any Insured or any contractors tract". or subcontractors working directly or In- directly on any Insured's behalf are per- Damage to Property forming operations: uProperty damage"to: (1) If the pollutants are brought on or to (1) Property you own, rent, or occupy; the premlses,site or location In con- nectlon with such operations by (2) Property loaned to you; such Insured, contractor or sub (3) Personal property In the care, custody or contractor; or control of the Insured; or for, (11) If the operations are to test (4) "Work" performed for you by the "contrac- monitor, clean up, remove, contain, tor". treat,detoxIfy or neutralize,or In any way respond to,or assess the effects of pollutants. Page 2 of 7 Copyright, Insurance Services Off Ice, Inc., 1992 CG 00 09 1.0.93 �Vy i 50'pv Z, 5 W, 'V qno 2 Pv� tt r r + t�i>� Cf rj 2t�'i`s` ��'`t ptjc4y'a A.Jr lit{k y.�r r r � r t .. 3a F x r�jb'�i✓� 'y,.c�,. 4F Subparagraphs (a) and (d)(i) do not apply SUPPLEMENTARY PAYMENTS to"bodily Injury"or"property damage"aria- „ Ing out of heat, smoke or fumes from a WAVrlll pay,with respect to any claim or suit we defend: hostile fire. 1. All expenses we Incur, ' As used In this exclusion,a hostile fire means 2. Up to $250 for cost of bail bonds required because ' one which becomes uncontrollable or of accidents or traffic law violations arlsin out of the breaks out from where it was Intended to be. use of any vehicle to which this Insurance applies. (2) Any loss, cost or expense arising out of any: We do not have to furnish these bonds. ' 3. The cost of bonds to release attachments, but only n (a) Request, demand or order that any In- for bond amounts within the applicable limit of In- k., .�. In- sured or others test for, monitor, clean surance. We do not have to furnish these bonds. up, remove, contain, treat, detoxify or , neutralize, or In any way respond to, or 4. All reasonable expenses Incurred by the Insured at t;. assess the effects of pollutants; or our requestto assist us In the Investigation or defense q (b) Claim or "suit" by or on behalf of a of the claim or"suit", Including actual loss of earnings up to$100 a day because of time off from work. A governmental authority for damages be- cause of testing for, monitoring, clean- S. All costs taxed against the Insured In the "suit". ,u Ing up, removing, containing, treating, g 0. Prejudgment Interest awarded against the insured on 4 ,xt detoxifying or neutralizing,or in anyway that part of the judgment we pay. If we make an offer i t ,x responding to, or assessing the effects � � • •'�,�: tp, to pay the applicable lima of Insurance, we will not 'r. t 3 of pollutants. pay any prejudgment Interest based on that eriod Pollutants means any solid, liquid, gaseous or of time after the offer, P thermal Irritant or contaminant, Including 7. All Interest on the full amount of any judgment that smoke,vapor,soot,fumes,acids,alkalis,cheml- accrues after entry of the judgment and before we cats and waste. Waste includes materials to be have paid, offered to pay, or deposited In court the ,k s.; recycled, reconditioned or reclaimed. part of the judgment that is within the applicable limit k. Damage to Impaired Property or Property Not of Insurance. 9 P P . Y P Y Physically Injured g, Expenses Incurred by the Insured for first aid to ' "Property damage" to "Impaired property" or others at the time of an accident, for bodily Injury" property that has not been physically Injured, to which this Insurance applies. arising out of: These payments will not reduce the limits of Insurance. (1) A defect, deficiency, Inadequacy or SECTION II - WHO IS AN IN SUR ED dangerous condition In "work" performed for you by the contractor , or 1. If you are designated in the Declarations as: ,. "i (2) A delay orfallure by you or anyone acting on a. An Individual,you and your spous®are Insureds. l your behalf to perform a contract or agree- b. A partnership or joint venture, you are an In- ment In accordance with its terms. sured. Your members, your partners, and their ' This exclusion does not apply to the.loss of use spouses are also Insureds, but only with respect to their duties as partners or members of a joint of other property arising out of sudden and venture.. accidental physical Injury,to work performed for you by the "contractor". r a CG 00 09 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 3 of 7 :L y� t d f .� '.'y"t s F i t 4 4•ir s ' La f'glSJ"'t.'M",'Ir r T��yyr,, t. .; t t + J 4 x f l t{` vs•���a4 i }•/ V,+. .. ,, t :} t i 1.i t. t .F �t tt p y i, t ch k( � �� �" �4t tt r�...��,�1w .t "f»�, nt F "..� e t ,} c�.• t r t. t"ti tr,. )Gaya�� y4 i 1 ,�. :1 �� >i r�tF�firr�� t� t.it`.}�k� y,l_aY('�S az'gcftt F e x h r ..✓ v z ) �� .y�.'��A. 4.•tl l` } r..z. � .�e �t 4sv�r +tk r�r>� a :r`t i t' S tf i { sit k t ' j r"" r"_ '"E•r 1' �� � ,} .a s »dr1 fi D r t?rt.f'ir r,..�k. .ft7 !j ! {•..ir. „t t.. i t` 3 ¢ '" `} 7 }, l tv'�rtrtS>` ��. .t p Y .!. 3 F H .;i p t`` { .l": "~ : �.a4 i" r � xj G�''�`'`��"4} .Z��t '}� '•� 1 t43 t1.. 5e ttt. S`,f � T el g rC '+. c. An organization other than a partnerehlp or joint The Limits of Insurance of this Coverage Part apply ,, venture, you are an Insured. Your executive separately to each consecutive annual period and to any officers"and directors are Insureds,but only with remaining period of lessthan 12 months,starting with the respect to their duties as your officers or dIrec- beginning of the policy period shown In the Declarations, tors. Your stockholders are also Insureds, but unless the policy period Is extended after Issuance for an only with respect to their liability as stockholders. additional period of less than 12 months. In that case,the additional period will be deemed part of the last preced- 2. Each of the following Is also an Insured: Ing period for purposes of determining the Limits of a. Any person (other than your employee) or any Insurance. organization while acting as your real estate SECTION IV-CONDITIONS. manager. b. Any person or organization having proper tem- 1• Bankruptcy. porary custody of your property If you die, but Bankruptcy or Insolvency of the Insured will not 0111y: relieve us of our obligations under this Coverage (1) With respect to liability arising out of the Part. maintenance or use of that property; and 2. Cancellation. (2) Until your legal representative has been ap- a. The first Named Insured shown In the Declara- pointed. tions may cancel this policy by mallIng ordellver- C. Your legal representative If you die,but only with Ing to us advance written notice of cancellation. b respect to duties as such.That representative will . We may cancel this policy by mailing or deliver- have all your rights and duties under this Ing to the first Named Insured and the "contrac- Coverage Part. tor" written notice of cancellation at least: No person or organization Is an Insured with respect to (1) 10 days before the effective date of cancella- the conduct of any current or past partnership or joint tIon If we cancel for non-payment of venture that Is not shown as a Named Insured In the premium;or Declarations. (2) 30 days before the effective date of cancella- SECTION IIIII-LIMITS OF INSURANCE tIon If we cancel for any other reason. 1. The Limits of Insurance shown In the Declarations c. We will mail or deliver our notices to the first and the rules below fix the most we will pay regard- Named Insured's and the "contractor's last less of the number of: malling address known to us. a. Insureds; d. Notice of cancellation will state the effective date b. Claims made or"suits" brought; or of cancellation.The policy period will end on that date. c. Persons or organizations making claims or e. If this policy Is cancelled, we will send the "con- bringing "suite". tractor" any premium refund due. If we cancel, 2. The Aggregate Limit Is the most we will pay for the the refund will be pro rata. If the first Named a um of damages because of all "bodily Injury" and Insured cancels,the refund may be less than pro property damage". rata.The cancellation will be effective even If we 3. Subjectto 2.above,the Each Occurrence Limit Is the have not made or offered a refund. most we will pay for the sum of damages because of f. If notice Is mailed, proof of mailing will be suff I- all"bodily Injury"and"property damage"arising out clent proof of notice. of any one occurrence". If you designate more than one project In the Declara- tions,the Aggregate Limit:shall apply separately to each project. Page 4 of 7 Copyright, Insurance Services Office, Inc., 1992 CG 00 0910 93 77-1i. s f 77, V: A ZPWS"M tt LE'J" -Irm Q, g, T I io t 1 s"q „�r1�QIlMIM�IIWY��j� k�J' ; .,, j „ i., f 5.{ b;,°k'`�G,�{,cK� ,y�§ •'a �� wm.big+.ta..w.«:+.x..+...:...._..._.._:"`�.........::.........w >r. 3. Changes. 5. Examination Of Your Books And Records. This policy contains all the agreements between you, We may examine and audit your books and records 'f the 'contractor" and us concerning the Insurance as well as the "contractor's" books an ` afforded. The first Named Insured shown In the they relate to this policy at any time during trecords ies Declarations and the "contractor" are authorized to policy period and up to three years afterward. :.� make changes In the terms of this policy with our consent. This polley's terms can be amended or 0• Inspections And Surveys. waived only by endorsement Issued by us and made We have the right but are not obligated to: , a part of this policy. a. Make Inspections and surveys at any time; 4. Duties In The Event Of Occurrence, Claim Or Suit. b. Give you reports on the conditions we find ` a. You must see to it that we are notified as soon ; and , as practicable of an "occurrence" which may C. Recommend changes. '' ,. result In a claim. To the extent possible, notice Any Inspections, surveys, reports or recommends- should Include: tions relate only to insurability and the premiums to (1) How,when and where the"occurrence"took be charged.We do not make safety Inspections. We place; do not undertake to perform the duty of any person or organization to provide for the health or safety of '°=w (2) The names and addresses of any Injured workers or the public. And we do not warrant that persons and witnesses; and conditions: (3) The nature and location of any Injury or a. Are safe or healthful; or damage arising out of the "occurence" _` s t<< ru . b. Comply with laws, regulations, codes or stafld- b. if a claim Is made or"suit"Is brought against any ards. Insured you must: This condition applies not only to us, but also to any (1) immediately record the specifics of the claim rating, advisory, ate service or similar organization or "suit" and the date received;and which makes Insurance Inspections, surveys, p reports (2) Notify us as soon as practicable. or recommendations. You must see to It that we receive written notice 7. Legal Action Against CJs. of the claim or "suit" as soon as practicable. No person or organization has a right under this 0. You and any other Involved Insured must: Coverage Part: 1 a. To join us as a party or otherwise bring us Into a f O Immediately send us copies of any demands, notices, summonses or legal "suit" asking for damages from an Insured; or Papers received in connection with the claim b. To sue us on this Coverage Part unless all of its or"suit'; terms have been fully compiled with. (2) Authorize us to obtain records and other A person or organization may sue us to recover on Information; an agreed settlement or on a final Judgment against an Insured obtained after an actual trial; but we will (3) Cooperate with ua In the investigation,settle- not be liable for damages that are not payable under ment or defense of the claim or "suit'; and the terms of this Coverage Part or that are in excess (4) Assist us, upon our request, In the enforce- of the applicable limit of Insurance.An agreed settle- ment of any right against any person or ment means a settlement and release of liability =' organization which may be liable to the in- signed by us, the Insured and the claimant ' the sured because of Injury or damage to which claimant's legal representative. this Insurance may also apply. d. No Insureds will,except at their own cost,volun- tarily make a payment, assume any obligation, or Incur any expense, other than for first aid, ' without our consent. CG 00 Og 10 93 Copyright, Insurance Services Office, Inc., 1992 P890 5 of 7 #_ �• s ZT':"''tjfX 7+`'' r na -r ; J.e.. "^ ".'"'"w.�wt.w.+.+.+-r+•*-.,---•... J ! ? t } t i.. -'`-�q-.r."' ( .�4,7u i.•Yr �' ,( 5 4th{5����Yti jSJ x. �t+,9 tk { , +• .tJ , . , , J 1,rty tT "..ii1 Cx�' ev' 3�' { Q �S t v°,•r= t i tq"t } L 'Sd N 1 t t ,. ! r r 1 a . o- k, 7= }4� c= � 3i�trek IP .°. fir .{ Sjf is iS .t s h r �:,' .t r + �` 't' (c•r 5 4 � i'i z t'. r. Y tt n., s4 # .i 5 i 't s .i', �_{,Rti+ 1� Y 1.�,. � k. C ,.♦'L�-� >F �, s d.. y ' Y.i 1a ' ztt :i f.;t r^' .:'1 } .i i rs' } 5t'h f Y kkPaa t .fit }' dt yF.4 ri'q},ry ��+�i r f e� :t s 5 4 .; '' t 4 t'�s.J} 1ft k,�,lvF�',` �• �s;t+'x. >.,yy�`�i,X't„ "l;yk � f � P { i'.� y c p ! .,s •: �} h f „ytCdl'�.L'�nf''p�Y DNS . _,'q k l; r 8. Other Insurance. a. As Reach Named Insured were the only Named The Insurance afforded by this Coverage Part Is Insured; and primary Insurance and we will not seek contribution b. Separately to each Insured against whom claim from any other Insurance available to you unless the is made or "suit" Is brought. h . other Insurance Is provided by a contractor other -r 12. Transfer Of Rights Of Recovery Against Others rx Y than the designated contractor for the same opera.. tion and job location designated In the Declarations. To Us. . T will share with that other Insurance b the If the Insured has rights to recover all or art of an Then we sae Y 9 p Y . method described below. payment we have made under this Coverage Part those rights are transferred to us.The Insured must If all of the other insurance permits contribution by do nothing after loss to Impair them. At our request, equal shares, we will follow this method also. Under the Insured will bring"suit"or transfer those rights to this approach, each Insurer contributes equal us and help us enforce them. ', amounts until it has paid its applicable limit of In- surance or none of the loss remains, whichever 13. When We Do Not Renew. �)4� 4 comes first. If we decide not to renew this Coverage Part, we will If any of the other Insurance does not permit con- mall or deliver to the first Named Insured shown In '> trlbution by equal shares,we will contribute by limits. the Declarations written notice of the nonrenewal not Under this method,each Insurer's share is based on less than 30 days before the expiration date. the ratio of its applicable limit of Insurance to the total If notice Is mailed, proof of malling will be sufficient ,v applicable limits of Insurance of all Insurers. �r proof of notice. 13� 9. Premiums. SECTION V- DEFINITIONS The "contractor:" „. 1. 'Auto" means a land motor vehicle , trailer or semi- a. Is responsible for the payment of all premiums; p p y p troller designed for travel an public roads, Including ,���>���•a and any attached machinery or equipment. But auto does not Include "mobile equipment". b. Will be the payee for any return premiums we pay. 2. "Bodily Injury" means bodily Injury,sickness or dis- 10. Premium Audit. ease sustained by a person, including death resulting from any of these at any time. a. We will compute all premiums for this Coverage <: Part In accordance with our rules and rates. 3. Contractor means the contractor designated In the Declarations. a:# b. Premium shown In this Coverage Part as ad- 4. "Employee" Includes a"leased worker". "Employee" vance premium is a deposit premium only.At the does not Include a"temporary worker". close of each audit period we will compute the earned premlumforthat period.Audit premiums 5. "Executive officer" means a person holding any of are due and payable on notice to the "contrac- the officer positions created by your charter, con- ?' for". If the sum of the advance and audit stttutlon, by-laws or any other similar governing :w premiums paid for the policy period Is greater document. than the earned premium, we will return the g, "Impaired property" means tangible property, other s. ' excess to the "contractor". than work performed for you,that cannot be used or ` is less useful because. c. The"contractor" must keep records of the Infor- a -' matlon we need for premium computation, and a. it Incorporates work performed for you that is 7 send us copies at such times as we may request. known or thought to be defective, deficient, In- t"' ' 11. Separation Of insureds. adequate or dangerous; or s b. You have falled to fulfill the terms of a contract or Except with respect to the Limits of Insurance, and I any rights or duties specifically assigned In this agreement; Coverage Part to the first Named Insured, this In- ; °k surance applies: Fr, •it ii s` Page g of 7 Copyright, Insurance Services Office, Inc., 1992 CG 00 0910 93 ' TM ya 4 t .,y xxtt �VX$' ' r '+ s) r 4 rFjf9t1 t .�} s5} . ).{. '• f ti- i w n. 'igs}s • •�n`'- '1,}t 3 `6' t .+3 9 311` I t r .' t ).t t t+ lk 'w } Zl 4 .7 ✓' t�s` lttN eF '' $ {+ !`t/ ri i. .; C' i', � + .7 i t7. y`` ?'`t ]. �,� �,.�y>s,�'t ryb,n�g�S ..y q' 't2 r .. �"7 =i. .1• y ..i .r' a t �'.t r•4? �r1.x n�n ,.. t „�[r�'t•• "n ! . r a s t y y r 5}' pt r t 6f� .4t,1 k #(�'r't�1: i y � _ r,. z+3w�. 9� z4'4�'+% '�+u r •tt : _ .. ... e'�,+,i�Vb e��4tS.W���1fflVtiFT91t<J'7ali tls+eeF�.wa+=a...�...._...__`.� .........«...w......�..rvwnarrwrm.NeM"Ifr�KWr: k• •�t' t: • y „i If such property can be restored to use by: f. Vehicles not described in a.; b., c. or d. above a. The repair, replacement, adjustment or removal maintained prlmarliyfor purposes otherthanthe `. of th©work performed for you; or transportation of persons or cargo. { ;.. ro However, self-propelled vehicles with the follow- b. Your fulfilling the terms of the contract or agree- P P ment• Ing typos of permanently attached equipment are not "mobile equipment" but will be consideredj .�y 7. "Insured contract" means: "autos": x.arti y ' a. A lease of premises; (1) Equipment designed primarily for: b. A sidetrack agreement; (a) Snow removal; c. Any easement or license agreement, except In (b) Road maintenance, but not construction connection with construction or demolition or resurfacing;or operations on or within 50 feet of a railroad; (c) Street cleaning; d. An obligation, as required by ordinance, to In- (2) Cherry pickers and similar devices mounted demnlfy a municipality, except in connection on automobile or truck chassis and used to =-4 with work for a municipality; or ,.. °L. raise or lower workers; and e. An elevator maintenance agreement. (3) Air compressors, pumps and generators, in- ,''... t3- Leased worker means a person leased to you by a cluding spraying, welding, building clean- labor leasing firm under an agreement between you Ing, geophysical exploration, lighting and and the labor leasing irm, to perform e {c -SM g p orm duties related well servicing equipment. k'`'` ' to the conduct of your business, "Leased worker" does not Include a "temporary worker". 10. "Occurrence" means an accident, Including con- tinuous or repeated exposure to substantially the 9, Mobile equipment means any of the following types same general harmful conditions. of land vehicles Including n attached machine g g Y machinery 11. "Property damage" means: or equipment: a. Bulldozers, farm machinery, forklifts and other a- Physical Injury to tangible property, including all t' H' ` resulting loss of use of that property.A!I such loss ` vehicles designed for use principally off public g P P Y• `. roads; of use shall be deemed to occur at the time of the physical Injury that caused it; or b. Vehicles maintained for use solely on or next to b. Loss of use of tangible property that Is not physl- premises you own or rent; cally Injured.All such loss of use shall be deemed r n c. Vehicles that travel on crawler treads; to occur at the time of the "occurrence" that d. Vehicles, whether self-propelled or not, main- caused It. talned primarily to provide mobllity to per- 12. "Suit" means a civil proceeding, brought in the manently mounted: United States of America(including its territrrles and 5r (1) Power cranes, shovels, loaders, diggers or possessions), Puerto Rico and Canada, in which h drills; or damages because of "bodlly Injury" or "property damage"to which this Insurance applies are alleged. (2) Road construction or resurfacing equipment "Suit" Includes: ' such as graders, scrapers or rollers; a. An arbitration in which such damages are e. Vehicles not described in a., b., c. or d. above claimed and to which you must submit or do A that are not self-propelled and are maintained submit with our consent; or primarily to provide mobility to permanently at- b. Any other alternative dispute resolution process k tached equipment of the following types: In which such damages are claimed and to which (1) Air compressors, pumps and generators, you submit with our consent. ` Including spraying,welding, building clean- „ Ing, geophysical exploration, lighting and 13. Temporary worker means a person who Is fur- { nished to you to substitute for a permanent well servicing equipment; or 11 employee". on leave or to meet seasonal or short- z (2) Cherry pickers and similar devices used to term workload conditions. r� raise or lower workers; "Work"Work includes materials, parts or equipment fur- nished In connection with the operations. ECG 00 0910 93 Copyright, Insurance Services Office, Inc., 1992 Page 7 of 7 .t t jos 1F,�,irr'tw 9 I .vjY+ :F•Ss �,a Pr"�.S 1?�4Y• t�i_„i�L i 1 t J(.� i. , , f .. .. .. t r 'rtr d.�#�°{i r�'�Y4��"t _ 'tY,f s •, , e:t '1L fC+. d r r ;.' }}: I j`t...v,.,irAT'^'�`Y"x'i+ "°—'^—'^''^""^^^.nm--•..--�•^---�-"—'--•.'-� •----v.•-r`-•-«---�'--"'-^�'-.y�°r--+.w�v-7 .,',� t{.�pi,�A��I'�t�R;f w tdY •` eq.��.�, "�. .`'ICNiC:i"� � 3}h."•7',IW!>t;, w+rs•+,noaveeti»n..N x.. CONTINENTAL WESTERN COMPANIES 4 11201 Douglas, Box 1594 Des Moines, IA 50306 COMMON POLICY DECLARATIONS RECEIVED AUG 1 5 ��y��?'•.. '' Y DECLARATIONS POLICY N0. 2162112 REFERENCE NO. 05— 037007=-4/000 0 PREV POLICY NO 2162112 _ " u NAMED INSURED AND MAILING aR���s AGENCY AND MAILING ADDRESS 00814241 CITY OF JEFFERSON W LATER-DENT & COMPANY " b; 320 E MC CARTY X 1046 , JEFFERSON CITY, MO 6L;6-- ­, , 1 FFERSON CITY, MO 65101 �'' .�'�A���" } w ' POLICY PERIOD: From 07/26/94 to 07/26/95 Standard Time at your mailing address as shown in Section Declaration. ��r ?` The Company affording coverage is designated by name in the declarations or information page for each section of the Policy. Business Description: Insured is: CORPORATION 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. � i,;;;.err_• THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT ;sf`7``r",t.lr{, TO ADJUSTMENT. SECTION CO` E-RAGE PART PREMIUM Iv`k:1j�J, i 1 Property ;S;Yxx General Liability 256 ., 3 Crime ' 4 Inland Marine INSU 5 Garage nys Y' 6 Automobile , i 7 Workers' Compensation i 8 Excess Liability 9 BOP A 10 ESTIMATED TOTAL $256 FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE: IL0017 (11-85) , THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND �. ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY ; ' a! 9 .r' } OUNTERSIGNED AT: DATE: BY; AUTH ED REPRESENTATIVE Insured's Copy CW190(0) (1-92) 05-20-94 E6 DAR Page 1 of 1 i�fitRSA —T.-.-. f .s � .Sky.ni "y,�ff ' y}feEll; J �S "�'' ��(�F+F'��,k}e�y+�.��.��Yt�,.�'`�t 'r� r �^'� t ?'`4 ` •` �"` i Y�`���r;� "9, a rt r 1 a iii; rs{4 rdt• w: F�` a F`u`l',r v ! ,•l, `{,:i. c, t �t;�... art: n,,,•.e ' .,. r.li •,:k�am�£�`'t�� . �i,; {.. s: '�) ,:(-. it ,:t', s :�' r:'. i,t 9.-� trS.�i z.:{ilt.>ti�.i�s.�;#Y"•a t r`p".•.`�ta , 9?. K'4e6wnex,•,rdetf ,ws.�;::t. "�47'A4.�'�i$"Ri9�v.. ?�:.eL: '�.�t� .$4.�,'Y.'"��)f�:tr�-..v, ,... ......... ..'-`.�. .• .., ..-'. ;.,.r' i $f.t 1�,{+'"sFl k�') 4'S�f4•^,!`.� 3n;4t�';,�t�t$7! tA. ivawwe..wee„„.,,,.,,;;:�a.n� «;+rwai,rwa �(};l3ai�.�r�p�+'{ 3 •, J. ktY$Sf i�i.» Etr,. CON MOINI POLICY' C®IM®I `�ION All Coverage Parts Included in this policy are subject to the following conditions. TL 'i;ft A. CANCELLATION D. INSPECTIONS AND SURVEYS j r . 1. The first Named Insured shown in the Declarations We have the right but are not obligated to: I may cancel this policy by mailing or delivering to us advance written notice of cancellation. 1, Make inspections and surveys at any time; ts ,:M � ,'r3.iiiry; 2. Give you reports on the conditions we find; and ma 2. We y cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation 3, Recommend changes. 4? ; at least: Any Inspections, surveys, reports or recommenda- a. 10 days before the effective date of cancellation if tlons relate only to Insurability and the premiums to we cancel for nonpayment of premium; or be charged.We do not make safety Inspections.We p p do not undertake to perform the duty of an b. 30 days before the effective date of cancellation If p Y y person i*, tPrc,j y or organization to provide for the health or safety of we cancel for any other reason. workers or the public. And we do not warrant that 3. We will mail or deliver our notice to the first Named conditions: ;,, �,, ?ar a� s Insured's last malting address known to us. 1.Are safe or healthful; or .rr <<;"ar;;� 4 stand- cancellation.ca lrcellation will state the effective date of 2. Comply with laws, regulations, codes or stand- policy period will end on that date, ards. 5. If this policy is cancelled, we will send the first Named This condition applies not only to us, but also to any Insured an g Y g y premium refund due. If we cancel, the rating, , rate service or similar organization refund will be pro rata. If the first Named Insured which makes Insurance Inspections, surveys, cancels, the refund may be less than pro rata. The reports or recommendations. cancellation will be effective even If we have not made or offered a refund. E. PREMIUMS ,; 6. If notice is mailed, proof of mailing will be sufficient The first Named Insured shown in the Declarations: proof of notice., 1. Is responsible for the payment of all premiums; ?' �'. B. CHANGES and , This policy contains all the agreements between you and 2•Will be the payee for any return premiums we pay. us concerning the Insurance afforded. The first Named F. TRANSFER OF YOUR RIGHTS AND DUTIES Insured shown In the Declarations is authorized to make UNDER THIS POLICY changes In the terms of this policy with our consent.This Your rights and duties under this policy may not be policy's terms can be amended or waived only by endor- transferred without our written consent except in the sement Issued by us and made a part of this policy. case of death of an Individual named Insured. C. EXAMINATION OF YOUR BOOKS AND RECORDS if you die, your rights and duties will be transferred We may examine and audit your books and records as to your legal representative but only while acting they relate to this policy at any time during the policy within the scope of duties as your legal repre- period and up to three years afterward. sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 85 Copyright, Insurance Services Office, Inc., 1982, 1983 :f 'i'.?,�ir • ry�� ���Y{t.�'y� �i7�%f YF rte}�t�� k, '1 7 5 i.' y .'.'�'^ r .>� r' ' �.;fr, py'4 gt�f �• ”' ''���k����m.✓ffytp t'y f '3 7 t r ..f s . w i s 7 r Y�rP ��' I�� E`'. ,urR t •rk 4� ,.� rn.+ 44": ` tti,+ oil `' Su���ht++T 'v � 2r Y }, t,, t Y:• � y�x�.R>i to :4 f 4 'Si .7.r U Tl t •.9 +e Cf � ft 4 S., ..�i�{w+:r.��;;N.,:wc s.,,.,y,+Kk,�,u*xwene+bYSfY!Wr`�s+ '*"!x'+�°1KY+yt`Nxt�7Ce�MC•YS•+r.�eew.: ._._ ..... ... � ...�na,Rx�2 tnW�',wf•7tC+.?ra..mrstro;.mntwkseW*��x ;t CONTINENTAL WESTERN INSURANCE COMPANY i 11201 Douglas, Box 1594 Des Moines, IA 50306 COMMERCIAL GENERAL LIABILITY RENEWAL DECLARATION , t `. 1POLICY NO. 21621.12 REFERENCE NO. 03- 031520-4/000 "t PREV POLICY NO 2162112 RENEWAL OF 03- 031520-3 '_ Via; NAMED INSURED AND MAILING ADDRESS. ...._ • ,._AGENCY AND MAILING ADDRESS 00814241 CITY OF JEFFERSON WINTER-DENT & COMPANY ;F 320 E McCARTY 1 MAY 2 71' ! BOX 1046 JEFFERSON CITY, MO 65101 JEFFERSON CITY MO 65101 4 ' Y POLICY PERIOD: From 07/26/94 to 07/26/95,,.12:01,A,t1. AT THE INSURED'S IfAILING ADDRESS * k OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE Designation of Contractor and Mailing Address: GREEN HORIZONS GARDEN CENTER INC 4316 RTE CC JEFFERSON CITY, MO 65109 LIMITS OF INSURANCE ' I GENERAL AGGREGATE $ 1 ,000, 000 > } x' I EACH OCCURRENCE $ 1, 000, 000 € AUDIT PERIOD: , LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY: t LOC # 1: COMPOST AREA OFF OF HYDE ROAD JEFFERSON CITY, MO y ! PMS PDTS \I LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE OWNERS/CONTRACTORS LIABILITY i r3. 17982 TOTAL COST 75,000 1.037 .,a ESTIMATED COMMERCIAL GENERAL LIABILITY PREMIUM $256 FORMS AND ENDORSEMENTS + APPLYING TO COMMERCIAL GENERAL LIABILITY COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE: CW1019 (10-90) IL0021 (11-85) CG2951 (09-89) CG0009 (11-88) CG2929 (09-87) CG2625 (08-92) a NOTICE Insured's Copy Your previous General Liability, Worker's Compensation and z `: CW190(2) (1-92) Page 1 of 2 Commercial Auto policies may have been written"Subject to Audit'; if so, an Auditor will be contacting you (if not done " already) to secure information required. Your assistance Is %k 4` required to ensure completion of Audit and return within 60 ' days. CW 1344(12/92) 777. 1[4A3*SS�a nif.-t�s¢PSnaS viw.D �. en.x -+ r7° U77 •5,n a 4 ] sane .}yc(tY i'fti' �a .,�{�`� � 'L's�q;�'ztiy��yYf s{'�•��t1'�''��y. � .l x �:,It ', ' , :r t a4. �'� , •- { L.Mt•,� � . .: �' ..,,� -Y ! 3 t j r,. c l .rv. .,, ` ' j j' � 1 I I ,.�rl}4�t5 i�'ktt��.����v��,',�`�t �'�t (;��� i ;�• �'''��+ .(.:f)Gc ..��, 't,. 't tY�-.t' �+r,�, t�,'. 1,. {�[ >;� 3! ku•..1uha,tl"4,l �J gym. li'�V�7.J xY x s, `f fief a�w' � r,�S l��^(� y.. }. ,,')�' ,b: 4TI ;.•'' ?` ,l til ``�+ �x� P'#'�sir y�i.'f'C�`4; to el�s a}�'�1K...h �f�J .7' �. 1 Ir' sYi i�i ikL>`'� Y�'1 � ;y)sl£..#�' F�. �' ! ..,. ,x t....�} '`i•. ,.JV i 174,,,�'"..m.s .,r t a.f�: .��,. �lL�" -i•.�isu.w.utim:3wt..dF���r"..':.�...t7,t' CONTINENTAL WESTERN INSURANCE COMPANY 11201 Douglas, Box 1594 Des Moines, IA 50306 COMMERCIAL GENERAL LIABILITY <, RENEWAL DECLARATION POLICY NO. 2162112 REFERENCE NO. 03- 031520-4/000 PREV POLICY NO 2162112 RENEWAL OF 03- 031520-3 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 00814241 CITY OF JEFFERSON WINTER--DENT & COMPANY 320 E McCARTY BOX 1046 JEFFERSON CITY, MO 65101 JEFFERSON CITY, MO 65101 POLICY PERIOD: From 07/26/94 to 07/26/95 12:01 A.M. AT THE INSURED'S MAILING ADDRESS THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. .mt h4' A: i c1w u 1'S ie t: l .n 1 v ` OUNTERSIGNED AT: DATE: f BY: AUTHO Z D REPRESENTATIVE w Insured's Copy CW190(2) (1-92) 05-20-94 E3 DAR Page 2 of 2 ,•:4, t. i x .v 1` , ,.( 1,vfi /t ,a r�i ,.h 6��'r m 1`"r r�.�t�"' �".� t�'w � k� -�N4�t £na, '� �; k�`'!a.+•..;'i��st Y*t,.,.f�a`�s,S.t s��*�' t; i���,c �7st t'. . yu S �• '`rl F .''p�tY'�n���a t t Y $4 ry L s:• t �'ti {.. `' i= •:<.� Y. ,. ;t.. o .s t�:ri "x z a.Y t td4*'�Y� 4 r-'P.FfC+�' "t�'�J'��p1�1��F� `raT f 1� {{ 7 71 y�`:��;s sz�'",�' �'�. ,��F,,lye x"! ..� a p�• ,� t t .,� za .�x1a S �F�'` i.k�•' �' �d. � i°'�`df�y?` ' ��fr nx•. a .Y�4.aS � � r`i b��y`k�YSt�. rt� 4 t"..y ._�� r E:T a t a,.i LJ' ° l�-.?,e {?�' z, i,Fs.J �. .'� i t ..;���ay A 1 utYrri,A$� a.1t.t..,•a°`0y„y� t• t ,j COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS AND/OR ASBESTOS PRODUCTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ' t PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART t•r "This policy does not apply to: a (1). ::Bodily injury," "property damage," "personal injury" or r "advertising injury" arising out of, resulting from, caused or contributed to by asbestos or exposure to asbestos; or (2) The costs of abatement, mitigation, removal or disposal of asbestos. b This exclusion also includes: r ' ` (a) Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection ..Y with the above; and (b) Any obligation to share damages with or repay someone else t x, who must pay damages because of such injury or damage; and (c) Payment for the investigation or defense of any loss, injury or damage or any cost, fine or penalty or for any expense or claim or suit related to any of the above. i 4;t ;f h`I • Y*r� E 10-90 CV'+9 1019 (10-90) ' 01 I Y� •"�µ'W�4 �°z�' ��� ��� Wl�y�St � ,,Nil`+ q�?�4� jdtldf���s�b�� � '� m r � `X� �F ??gt� . ; f,.�p{r+ d,�P�� rdi 'P • pia rtg4is � .,.. at�r { r r `��S•�`ix`.ffa"r �i` 4�,j�;'" •�t I�.i'S 11�>��'��}jq I}a r''tr„'v�,tt•y Ry,2 ka)*.,kH 4 iy.1.�q�c�{�J�.�, �f '�'.• � �g r�� �y f}'�a,v�,:` 4�'� a�t,. ar,.+r�tk.. �6t �.s�r�>v 4'�;`�� �� 4 a} .A � rG*�s,+i ail�'�•t� py+� t��`Fr`�� `.,� 2 �.t';4 �i'� '� t�as� .�y .It�;�tVt'hk'v'�:T`.,,.'P.}e?Z�,.m �` k7i,❑+ qLi p.•i i`h^.a {'frtr � v.�ftfr y,�`�,tt .. i�. t �?�P t � 4r�y ? !j)�„ ¢y ��r }r ,�Ft �1sh 1fF`7�'rili�r `�° 7 r+" �.tt5��ltn`I i�(,."s x�lam•�c��x � ,3 C t i t ,°( S S r '' rt 3 <i�. '!s��,�m�s`{t Sir.,* '+Cn� h 3� Tr. ��J'��5;Fk*3'C f r,./F �`'e Yf�� .f C�J :�k t i i{' r 1 F ' .1 `J •.�ys'.3� !�1 .i Y ,L �ri pu,`{�fkj 7•,r }C� e'• 5» a'� .1:. �t '. �.,� a �,i?t,+_cti% �'t .'�?1T>..".: ,tvt �• t i• r.�ewMa+u�t:,ic:.i..v.....0...,.,v..a.+suet,ssa,�ariheY.U�',fi;';,A,14,':�'c4'7��?����'.�i�.ti�J.,.a�':;r�"'t?'N`,n.�.::i's.7i�.�'sys't�'d f°,.YVryWy....•....»�.. :... ....._._.»...�.rs.+=+F,'!t,•:u47se.'�.+dsw;T'zriu.v,m,,.carerw..•<nww.w.ww.w'.s++eWid:..Jr°rb����i4r'° THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _ NUCLEAR ENERGY peep T EXCLUSION .y: 1YrttiR. ENDORSEMENT (Broad Form) 'z This endorsement modifies Insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART " FARM COVERAGE PART : t PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART , ' ' LIQUOR LIABILITY COVERAGE PART �� POLLUTION LIABILITY COVERAGE PART '' OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTSl, D PROTECTIVE LIABILITY COVERAGE PART RAILROAD SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1)The "nuclear material" a is at an "nuclear facility" owned by, or operated by or on behalf A. Under any Liability Coverage, to bodily Injury" „ „M_:fie.'..• } or "property damage:” of, an Insured or (b) has been discharged }1 or dispersed therefrom; (1)With respect to which an "insured" under the (2)The nuclear material„ Is contained in "spent k'je f policy is also an Insured under a nuclear ener- z, fuel or waste at any time possessed hand- gy liability policy Issued by Nuclear Energy !:°. =' fi led, used, processed, stored, transported or Liability Insurance Association, Mutual Atomic p '� disposed of, by or on behalf of an Insured; Energy Liability Underwriters, Nuclear In- surance Association of Canada or any of their or successors, or would be an insured under any (3)The "bodily Injury” or "property damage" 1My such policy but for Its termination upon ex- arises out of the furnishing by an "Insured" of haustlon of Its limit of liability; or services, materials, parts or equipment In con- nection with the planning, construction, main- „ r (2) Resulting from the hazardous properties of tenance, operation or use of any "nuclear r; "nuclear material” and with respect to which facility," but if such facility is located within the (a) any person or organization is required to United States of America, its territories or pos- ". maintain financial protection pursuant to the sessions or Canada, this exclusion (3) applies , Atomic Energy Act of 1954, or any law amen- only to "property damage" to such "nuclear , datory thereof, or (b) the Insured is, or had facility" and any property thereat. � j this policy not been Issued would be, entitled to Indemnity from the United States of 2. As used in this endorsement: a America, or any agency thereof, under any "Hazardous properties" includes radioactive, toxic agreement entered Into by the United States of America, or any agency thereof, with any or explosive properties; person or organization. "Nuclear material" means "source material," "Spa- :. B. Under any Medical Payments coverage, to ex- cial nuclear material" or "by-product material;" penses Incurred with respect to "bodily injury" "Source material," "special nuclear material," and resulting from the "hazardous properties" of "by-product material" have the meanings given nuclear material and arising out of the operation them in the Atomic Energy Act of 1954 or in any of a "nuclear facility" by any person or organiza- law amendatory thereof; tion. "Spent fuel" means any fuel element or fuel com- �E C. Under any Liability Coverage, to "bodily injury" ponent, solld or liquid, which has been used or ex- x' `r or "property damage" resulting from "hazardous posed to radiation in a "nuclear reactor;" wa properties" of "nuclear material," if: 'r IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 'A ttt :.l Y w3f 2' 1 i5"+rv'.i , �V � Pr.?, � aY'�•w{i�:i . . .T�s. .t,+x r1.!R''yzy�.f. r��r'8�1K.x,,r s' };,�'.,fr?�f a st fi4 tf tF ttr , i , j t . .t '..YIr sfjt�t✓r I i"14 77 '�.lw�•• ��i^'Sy�j� A"�r2 JYkt ;' d ? t r :.t! �+,,jt .kr'a�{ ' E1')�' 2f .?,t�� 7 �, F` ti�4 7 F. .? t I `.r c, i� s. i•i f fs i .. •s.wrr,e.�rslr==---� --�°=iwer,NSnnsrat„ws�4es�.w.urr+swn � � , c.; 'ov .............. q wa sir "Waste" means any waste material (a) containing (c)Any equipment or device used for the "by-product material" other than the tailings or was- processing, fabricating or alloying of "special tes produced by the extraction or concentration of nuclear material" If at any time the total uranium or thorium from any ore processed amount of such material In the custody of the primarily for Its "source material" content, and (b) "Insured" at the premises where such equip- resulting from the operation by any person or or- ment or device is located consists of or con- ganization of any "nuclear facility" Included under tains more than 25 grams of plutonium or the first two paragraphs of the definition of "nuclear uranium 233 or any combination thereof, or facility." more than 250 grams of uranium 235; "Nuclear facility" means: (d)Any structure, basin, excavation, premises or place prepared or used for the storage or dis- (a)Any "nuclear reactor;" posal of "waste;" (b)Any equipment or device designed or used and Includes the site on which any of the foregoing for (1) separating the Isotopes of uranium or Is located, all operations conducted on such site plutonium, (2) processing or utilizing "spent processing or packaging and all premises used for such operations; fuel," or (3) handling, pro "waste;" "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission In a self-support- Ing chain reaction or to contain a critical mass of fissionable material; "Property damage" Includes all forms of radioactive contamination of property. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1983, 1984 IL 00 21 11 85 W � �t yeti �� d 1Y c .p�.�t {,tb}? gy} '' ad S } t i �tf :yds r ua i.rt Fs 3vfgt V A ®r �f7,ix��+'�� +;'�+2' i, I'Y>�i`'�J�LS�iY1t2�.�ii'ar .:'�.��'�� .:. ' `?t+f�,'� t�a, ...};.cP ..�•9an° ,hor+eb...... ..�I. _ ... >..,l.r.,.,..,. .�{µ»w. ., r N..c,a,.... ....,.:i�._. , COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. '�;. . EMPLOYMENT RELATED PRACTICES EXCLUSION { , This endorsement modifies Insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART k' f PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added: This exclusion applies whether the Insured may be held liable as an employer or in any other capacity, and to any This Insurance does not apply to "bodily Injury" arising ; t obligation to share damages with or repay someone else out of any: who must pay damages because of the injury. ; (1) Refusal to employ; 2 Termination of employment; :r (3) Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related - practices, policies, acts or omissions; or r.t (4) Consequential "bodily Injury" as a result of (1) `' through (3) above. w KrSi' 1� I lt'rt CG 29 51 09 89 Copyright, Insurance Services Office, Inc., 1989 �i 1WWR �. `�� tt ••:n,, fir,#d � '� � z y �'���r8 i a'c.3 t •� X�' �. _ {`!. ._-_.�. ., _ ,.. .3.. .. -.v, �.x <. ._ t`"•`;S WTI, taw-ei...... .. F ._`: `' ,..51..+....__w ..,_..� ',.:i,+i.ivttA'i§ct3.f�'.�t. �iNJ�+'&`$.:'i�'4�F�1'�'l�'i±�#'ditTW�Y}T�V.t;#s:r!+n'tl?!e':t�. . h;.to-.,.:.,;. ..... ,,,,,,,,,,,,,,,,,M„+xxu�«:.•�e»w.inne+wrm",•rt.rmrra+:.est4Wskt'.*smanv:!(^#ukk`iik�v�i�'�iLi COMMERCIAL GENERAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABi FOR OPERATIONS OF DESIGNATED CONTRACTOR •j�i,l�f-.r���i Various provisions of this policy restrict coverage. Read (1) Operations performed for you by the j the entire policy carefully to determine rights, duties and "contractor" at the location specified In what is and is not covered. the Declarations; or ii Your acts or omissions In connection Throughout this policy the words "you" and "your" refer O supervision with the ervision of such to the Named Insured shown in the Declarations. The g p �, words"we," "us"and"our" refer to the Company rovid- operations; and Ing this insurance, (2) The "bodily injury" or "property damage" occurs durin the polic eriod. 3` � .j The word Insured,+ means any person or organization g y p qualifying as such underWHO IS AN INSURED (Section c. Damages because of "bodily Injury" include I I). damages claimed by any person or organization for care, loss of services or death resulting at any Other words and phrases that appear In quotation marks ': :} have special meaning. Refer to DEFINITIONS (Section time from the "bodily Injury." rt :,i la tt t•' V). 2. Exclusions. SECTION I -COVERAGES r+f t ' This Insurance does not apply to: 4A BODILY INJURY AND PROPERTY DAMAGE a, Bodil y in j ury or property damage„ expected LIABILITY or Intended from the standpoint of the Insured. I. Insuring Agreement. This exclusion does not apply to "bodily Injury” a. Wewill paythose sumsthatthe Insured becomes resulting from the use of reasonable force to ?''' �• � legally obligated to pay as damages because of protect persons or property. ' "bodily Injury" or "property damage" to which " this insurance appl les.We will have the right and b• "Bodily Injury" or "property damage" for which duty to defend any "suit" seeking those the Insured is obligated to pay damages by damages. We may at our discretion investigate reason of the assumption of liability in a contract r. any "occurrence" and settle any claim or "suit" liabilg exclusion does not apply to liability agreement damages: that may result. But: (1) Assumed in a contract or agreement that Is an "Insured contract" provided the "bodily The amount we will pay for damages is injury" or "property damage" occurs sub- Ilmited as described in LIMITS OF IN s®quent to the execution of the contract or SURANCE(Section ill); and agreement; or (2) Our right and duty to defend end when we (2) That the Insured would have in the absence have used up the applicable limit of In- of the contract or agreement, surance in the payment of judgments or settlements. c. "Bodily injury" or "property damage" which oc- curs after the earliest of the following times: No other obligation or liability to pay sums or perform acts or services is covered unless ex- (1) When all "work" on the project (other than plicity provided for under SUPPLEMENTARY service, maintenance or repairs) to be per- e + yb PAYMENTS. formed for you by the"contractor" at the site fi b. This Insurance applies to "bodily Injury" and of the covered operations has been com- "property damage" only If: plated; or (1) The "bodily Injury" or "property damage" is , k caused by an "occurence" that takes place In the"coverage territory" and arises out of: ' ;fig}1, :•: y CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 1 of 7 :i r �,' r r y ' '".^^roWCMXkfASnS!' '."�SSb+�P'd`+rke''3'�'i,}1i° A'!'P'"""• — `i , `°:i s l',- h y�? ��6i 0 s§y s u!at tY�'t a,7�r+,}{+:�iiF}r+�f�',J"����.'f r'tf+L�*l'�gt}2�Jr r}.CS 4p.n�r+,r�t f r t r 5'£f''{at'r f;.+:,�;Sti f t s��rt,t 4 i+l!1�r+1 i'.V�t r t k{t t r,l',t 1;�d+r..t•1 y'.„w�I t��tr Y.jf,. i a', h{t,`},�...i a '"4 .I 1 t t1 t ,�..«_" f "; t t A._t., { lr'.Iti 1 r+ + $u Y`t F x 4 t Pf`yt�)l7k tt'y t�Ydttt a i c j�i, �9B.f�s'�`i}'�;W•t' y fG, 4 .k x`4ed 3�,,Y" t't ..,rr. t'•� , o y to + .t .. x i r; C t 5 hf t f y J� a rir�c s P g }k r t y } t x y . Oil �* ,.r+^ 'ti7 t ;ti t't'+t .!F j 1 h . r I7` .,'mot: i'1'.,. A 11 =' .. �'�,�".�'!'l..a.�.n•.�.rn.w� w .vpif1 t' ,b' rr n l t . 1 ; � � { k Pt• . t ,w+.+.uaa.i-...«i..,,S;.S:t�,.f'..i ..,•....,.......,.a1!4MdEN'uFi�'�`!�'�'ft!'ai"'�i'}}YY,1'M=G,�FvN,'r'.; A n n a � "-.•:. ',: ., ., .. i'`� _ __ r,'t�• .5 G'et,"1t P.9 sa r, x""u«ea:r...,,, ..._,."`�... _.:....,,..�5.•Ma..tinny,�e>d!sct.xt�+aw°rer,.•ern+revASwNxva+af.�w+�' COMMERCIAL GENERAL LIABILITY >w if4 7t 2 11 When that portion of the contractor1 s fl i. 11 Bodily Injury 11 "property property damage II arising out :'3 work, out of which the Injury or damage of the use of "mobile equipment" In, or while In X; w ; arises, has been put to Its Intended use by practice or preparation for, a prearrangedh any person or organization, This exclusion racing, speed or demolition contest or in any does not apply to any contractor or sub- stunting activity, , tVy„ ti contractor working directly or indirectly for (1) 11 j. Bodily Injury" "property property damage,1 arising the contractor or as part of the same out of the actual, alleged or threatened dis- r` °� ' project. charge, dispersal, seepage, migration, d. "Bodily Injury"or"property damage" arising out release or escape of pollutants: y,• of your, or your employees', acts or omissions At or from f `G other than general supervision of "work" per- (a) which is or was alt anystime ownedi or formed for you by the contractor. occupied by, or rented or loaned to, any e. Any obligation of the Insured under a workers Insured; compensation, disability benefits or unem to - . p Y p Y (b) At or from any premises, site or location •�;1-r•-: ��� ' ment compensation law or any similar law. which is or was at an tirne used b or "Bodily injury" to: for an y Insured or others for the by ry" f. . ' dling, storage, disposal, processing or � N; (1) An employee of the insured arising out of treatment of waste; and in the course of his employment by the e Which are or were at an time Insured; O Y ;;;•.::•,:_��,:,;�;�,;.. transported, handled, stored, treated, u`; ,`r%i;r„• , (2) The spouse, child, parent, brother or sister disposed of, or processed as waste by of that employee as a consequence of (1) or for any insured or any person or ',,� .,',•.•<, ;A above. organization for whom you may be legal- ' yr ly responsible; or -, This exclusion applies: 1 Whether the Insured may be liable as an d At or from an remises, site or location ( ) Y p YK , i f e on which any insured or any contractors employer or in any other capacity; and or subcontractors working directly or in- ' (2) To any obligation to share damages with or directly on any insureds behalf are per- , repay someone else who must pay damages forming operations: �Y f because of the,injury. (I) If the pollutants are brought on or to ' This exclusion does not apply to liability as- the premises,site or location In con- ' sumed by the Insured under an "Insured con- nection with such operations by tract.” such insured, contractor or sub- g. "Property damage"to: contractor; or (H) If the operations are to test for, (1) Property you own, rent, or occupy; monitor, clean up, remove, contain, (2) Property loaned to you; treat,detoxify or neutralize, or in any way respond to,or assess the effects (3) Personal property in the care, custody or of pollutants, control of the insured; or Subparagraphs a and d i do not apply to " (4) "Work" performed for you by the "contrac- tor." ( ) ( )() pp Y bodily -' injury"or "property damage" arising out of heat, smoke or fumes from a hostile fire. h. "Bodily Injury"or"property damage"due to war, As used in this exclusion, a hostile fire means one which whether or not declared, or any act or condition becomes uncontrollable or breaks out from where it was Incident to war.War includes civil war, Insurrec- tion, rebellion or revolution. This exclusion ap- intoned to be. plies only to liability assumed under: °. (1) An "Insured contract;" or (2) Expenses for first aid. F !r 3 ,Fti, ,4��V.• Page 2 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 $ Y bY,L .. --"` "°"Of�w,traf'A!W'u6'i11YFii.YRi1'd38R¢�4R4ib'Rkfaaw°" ✓ 1,�1�il s£4y'. '13i 4 :Y3y`1�5,j" j ,7`Syfi''k.Sn �'1{titiiiti r{ ti a .tr jj iY 43''�'sifti f Iz c i 1. { It �" ,n;' , 1 '�'t tit i i ',z`�S.tN.r. 3 §�1b3 .�,' •., ` .';+�. f'b�,ty+`',Xy;�� s�r�l k"^`!�t FS ( n .''X �YS (.. 1 f b 1 i 1 .t f 511{,14",'}I`y c •i. � q} ,it t(� hfi'AYhiri'��, f,�;"i '� s 5 '• T 1 t i : : l Sr'.ti.�jiti'S ,y, {'`� ,�,."�'C � ,k s��x�s��}� S y ✓ { 3 'r ., r S. j ` to C ' i t � , F ,'v + ,t,. , {pi lr, {. (,nf�it }. 1 ! -' •'i .,;4 f r: .•}} n fi�'�{zttF Y '.. 5 r . s us t 1` ,' ,•. j,3 ;•,�r�v k a 1_ __ � —_..�._--___ •'.�Iflw — � � —.�.-_��._ - -- Lti •.� .J 1S•.a.•i..S 4S_-_. -5" H•y i..;(.., 11 11,t f f 7' ttf t� i r ttftl 1',y t lY ''.Fat S�tGf•' �.. AL'4S � ,t`:i� � � ..t � :i tP 2t Stit{� .» ��F t {lk, I n � t 1 t • .,i•. .i. �f{tlf�,7.5 w7i �• �,i• S ..a,sri,�........!>_�...�.{w;is±:iS1iw� .. 'k2 ..., :rAA;'4,LMkY.VeGh�PdtkSkhIAY+A✓re•.»+w.i _.:..�4�an.�nw ' 4. t.'���N '� iM:wtn1Y.N.M�Vxwneirwe+ww.+wWi•. ,.H �; i.,• COMMERCIAL GENERAL LIABILITY � v (2) Any loss, cost, or expense arising out of any: 3. The cost of bonds to release attachments, but only for bond We within d t have the applicable limit of in- • (a) Request, demand or order that any In- pp `r surance, e o not to furnish these bonds. ,' ' . In- sured or others test for, monitor, clean �3�,�'��x• sr=�•. up, remove, contain, treat, detoxify or 4. All reasonable expenses Incurred by the Insured at neutralize, or In an way respond to, or our request to assist us in the Investigation or defense Y Y p q "suit, g assess the effects of pollutants; or of the claim or suit, including actual loss of earnings (b) Claim or suit by or on behalf of a up to $100 a day because of time off from work. r" governmental authority for damages be- 5. All costs taxed against the Insured in the "suit," cause of testing for, monitoring, clean- In u 8• Prejudgment Interest awarded against the Insured on g p, removing, containing, treating, that part of the judgment we pay. If we make an offer `' a detoxifying or neutralizing,or in anyway to pay the applicable limit of Insurance, we will not responding to or assessing the effects of pay any prejudgment Interest based on that period 4' pollutants. ��.. r: Pollutants means any solid, liquid, gaseous or of time after the offer. N ' 7. All interest on the full amount of any judgment that thermal Irritant or contaminant, Including . 9 smoke,vapor,soot,fumes, acids, alkalis, cheml- accrues after entry of the Judgment and before we `YkxrK have paid, offered to pay, or deposited in court the : ,; .,�:w• =,ai' cats and waste. Waste Includes materials to be part of the ud mentthat is within the applicable limit recycled, reconditioned or reclaimed. j g pp of Insurance. B.:L;>•;��:�T=.)���`" k. "Property damage" to "Impaired property" or 8. Ex p enses Incurred by the insured for first aid to aro ert that has not been physically Injured, t yu: rising out of: p Y Y 1 others at the time of an accident, for bodily injury r to which this Insurance applies. rt,:�, s SA�?kir (1) A defect, deficiency, Inadequacy or q Y These payments will not reduce the limits of insurance. dangerous condition in "work" ";'' performed for you by the "contractor;" or SECTION II - WHO IS AN INSURED :f i • r N. t=y 2 Adela orfailure b y g I. If you are designated in the Declarations as: ( ) y y you or anyone actin on Y g your behalf to perform a contract or agree- a. An individual,you and your spouse are insureds. ment in accordance with Its terms. b. A partnership or joint venture, you are an in- This exclusion does not apply to the loss of use sured. Your members, your partners, and their of other property arising out of sudden and spouses are also insureds, but only with respect accidental physical Injury to "work" performed to their duties as partners or members of a joint { for you by the "contractor," venture. SUPPLEMENTARY PAYMENTS We will pay,with respect to any claim or"suit"we defend: { 1. All expenses we Incur. 2. Up to $250 for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. r: y 5 i i �r CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 3 of 7 ;r t Y ';" * Y1L„ ?�„N 5' ' i � � ., i r„1�.- , `j� 91 �. ;.'�,yLr>`]°n�„S�•.�'R}R jy t (ti '�!�,`fr"•'t a s ,Sy ! t t:p; ' ,. .. ft tit. �-i i ', ,y�R �gY'�r,t• r�`'� ��.• r� 2> f ,11'tr /�: r° _� !�ti t ti t + t s �:' I a it� r § ." x,titS �'�,1`��y�' t F . S •�.�.«. �r `tYf��` '1�}.��fi r .yyp f t✓k J^( NA � �; � y ! � r 'r r . s�t a 117 +�' p t4 �" k F `y i MC (� ,t r 1 f°� asp'• rt rS;A tt t. i. A * ' .p3 d1 7 k Via. ty`iSLTT f f t � f3,{ COMMERCIAL GENERAL LIABILITY ` c. An organization other than a partnership or joint The limits of this Coverage Part apply separately to each r venture, you are an Insured. Your executive of- consecutive annual period and to any remaining period facers and directors are Insureds, but only with of less than 12 months, starting with the beginning of the respect to their duties as your officers or direc- policy period shown in the Declarations,unless the policy ,;, tors. Your stockholders are also Insureds, but period is extended after Issuance for an additional period onlywith respect to their liability as stockholders, of less than 12 months. In that case,the additional period ` 2. Each of the following is also an Insured: will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. - Y, 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 tem- Bankruptcy or Insolvency of the Insured will not porary custody of your property if you die, but relieve us of our obligation under this Coverage Part. , �tl only: 2. Cancellation. .r. # t (1) With respect to liability arising out of the a. The first Named Insured shown in the Declara- maintenance or use of that property; and tlons may cancel this policy by mailing or deliver- (2) Until your legal representative has been ap- ing to us advance written notice of cancellation. ;'txf;=';�; pointed. b. We may cancel this policy by mailing or deliver- c. Your legal representative if you die, but only with ing to the first Named Insured and the "contrac- o : respect to duties as such.That representative will tor" written notice of cancellation at least: ies under this have all your rights and dut • (1 j 10 days before the effective date of cancella- Coverage Part. tion if we cancel for non-payment of No person or organization is an insured with respect to premium; or the conduct of any current or past partnership or joint venture that Is not shown as a Named Insured In the (2) 30 days before the effective date of cancelia- tion if we cancel for any other reason. ` 5CTION clarations. A C. We will mail or deliver our notices to the first Ill - LIMITS OF INSURANCE Named Insured's and the "contractor's" last a 1. The Limits of Insurance shown in the Declarations mailing address known to us. and the rules below fix the most we will pay regard- d. Notice of cancellation will state the effective date f less of the number of: of cancellation.The policy period will end on that a. Insureds; date. b. Claims made or "suits" brought; or e. If this policy is cancelled, we will send the "con- ` tractor" any premium refund due. If we cancel, } c. Persons or organizations making claims or bringing "suits." the refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro ` 2. The Aggregate Limit is the most we will pay for the rata. The cancellation will be effective even If we sum of damages because of all "bodily injury" and have not made or offered a refund. "property damage." f. If notice Is mailed, proof of mailing will be suffi- ; , 3. Subjectto 2,above,the Each Occurrence Limit is the cient proof of notice. most we will pay for the sum of damages because of "bodily Injury"and "property damage" arising out of any one "occurrence." } If you designate more than one project in the Declara- tions,the Aggregate Limit shall apply separately to each t, project. Tt Page 4 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 =s ti �' r :, 1t x ` Y,^ WWri+w.r�•-.�••...... .-^^r-�r�rt*.J1 1.,., , i . `f�Y�� �'rV{{trbS'�y sti x az t s ki '�j .s. 'tq r.�f �!��{+}>< `� • ��v' ` V,, ' '� e`*Y•, : mTr`+ �# .2. r. r� 'f'�1: 1 7rv1 sJ�- rt - r "r r s' ly } 4��' 4 q�' '� �ql ,•#�lr,i .f t,, � tiFe .fr'f r�� :.t° ,.I � j :,y'�e"tti� ��i Ut 3 3xc .b.'°-.•d ,s. x' J .lip I ° ^` t t'! - .. - 1" tti'`r J-}�{�3� �" x"- ✓t f • yJl,h}lblbl:�i.�+a�:.s..iei:.eS..Pz143�F:>a1t``1.::i.:E.:.u+.S�+Nf1kM1+v+.!:..,+ww.-w,:..w«r«tau..+Ad,dsMlbWY.9,a.a>tV.Sd4i>il�dM+M1 AlEU�2Xlw."uk�'a".VC.Vt atoll.6ti`JhLAfi':kit 4k!'p•H2ri,.r?YSR:4fYNtY'd'.4+MRMt[*i§i.«ElMM7�. V gam' COMMERCIAL GENERAL LIABILITY �q 3. Chan es. d. No insureds will, except at their own cost, volun- k 9 tarlly make a payment, assume any obligation, ; This policy contains all the agreements between you, or Incur any expense, without our consent, R the contractor and us concerning the Insurance k;a afforded. The first Named Insured shown in the 5. Examination Of Your Books And Records. Farr '. Declarations and the "contractor" are authorized to ;r:, We may examine and audit your books and recordsrt��..;.,,. make changes in the terms of this policy with our "contractor's" r •, consent. This policy's terms can be amended or as well as the contractors books and records as ., x: waived only by endorsement Issued by us and made they relate to this policy at anytime during the policy apart of this policy. period and up to three years afterward. r. 4. Duties In The Event Of Occurrence, Claim Or Suit. 6. Inspections And Surveys. j . We have the right but are not obligated to: ( a. You must see to It that we are notified as soon { as practicable of an "occurence" which may a. Make Inspections and surveys at any time; result in a claim. To the extent possible, notice b. Give you reports on the conditions we find; and should Include : it'11, How,when and where the"occurrence"took c. Recommend changes. ,. . ; place; Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to ,4s � (2) The names and addresses of any Injured be charged. We do not make safety inspections. We p ersons and witnesses; and do not undertake to perform the duty of any person c, 3 The nature and location of any Injury or or organization to provide for the health or safety of damage arising out of the "occurence." workers or the public. And we do not warrant that conditions: „ b. If a claim is made or suit lr is brought against an M. insured, you must: a. Are safe or healthful; or �. b. Comply with laws, regulations, codes or stand- (1) Immediately record the specifics of the claim p Y 9 I ards. or suit and the date received; and. This condition applies not only to us, but also to any x (x) Notify us as soon as practicable. rating, advisory, rate service or similar organization You must see to it that we receive written notice which makes insurance inspections, surveys, reports of the claim or"suit" as soon as practicable. or recommendations. `b c. You and any other involved insured must: 7. Legal Action Against Us. F ; (1) Immediately send us copies of any No person or organization has a right under this demands, notices, summonses or legal Coverage Part: papers received in connection with the claim as To Join us as a party or otherwise bring us Into a or suit; "suit" asking for damages from an insured; or .i (2) Authorize us to obtain records and other b. To sue us on this Coverage Part unless all of its r information; terms have been fully complied with. (3) Cooperate with us in the investigation,settle- 'k ment or defense of the claim or "suit;" and (4) Assist us, upon our request, In the enforce- an right enforce- ment of against an y ht g g y person or organization which may be liable to the In- sured because of Injury or damage to which this Insurance may also apply. l if Yi` t 7 ,+r CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 5 of 7 b h .rr .,oi r� f �..a � r f �d f .t • 1 t i 11r t 'tif., :ti Y °a'' r ! •sS NL �f .{.ii 1 �G 1 a c r r it i r,. F�f�'rt�. t't, � } b.��''h. � 4h �(���",�pp?���Ayy'�y+.+ai 1' `f�jj 1t.r. at r! �t r t rt^F� 1 r r rt i ✓' t t 1 ft i4 'Y r�r J tr"i' " � tJ'r' J� � rr Yrc sFl t� t tr rfa v. /r J ! rt 4 t�' lry.t ttTr i y ��"rS . ft5� .'t ni�`�.r(• C�. £MMA r4��. �kE Y� ,g h '.1 3� ;. 1,� d� '.,4,Pu• . +sfk �•t ±i•7� C 'vri�' 1;.. it J :s ,y.. l5 ?.• t V { r c ,yyp jr }til�}yMi ii.�i • f K�L[d�•�'"'arrNK. s ra5l a ^�' ✓. arm- -- ..� � _..___.�. ., ' ___r _ ..->t+. ..;�n•.rs,�i'1' >< TM1 Al `,t Hdt�.zhtibiie.rcew`+i.JLc:n:.n.:...._..._.,,�_...:...+..wier+4r'rs!'.x?.'xttxas:+++n.n,.+wa,m?1».?KTht','r;._.M •'�."$•b,?._�kt'•1°.S.Y{,tt.rlAr.rvr n ..,.h.., , ,.• .. ...-,xtt"tL r,Ix+...,.:;ht,m'�,`:3.'}I.X,�lt�Gy.5�,a31iV.$3llk'NMOt[y. � . k COMMERCIAL GENERAL LIABILITY A person or organization may sue us to recover on c. The "contractor" must keep records of the Infor- r an agreed settlement or on a final Judgment against matlon we need for premium computation, and ` an Insured obtained after an actual trial; but we will send us copies at such times as we may request, not be liable for damages that are not payable under the terms of this Coverage Part or that are In excess 11. Separation Of Insureds. ' of the applicable limit of Insurance,Ana reed settle- Except with respect to the Limits of Insurance, and ment means a settlement and release of liability any rights or duties specifically assigned in this signed by us, the Insured and the claimant or the Coverage Part to the first Named Insured, this In- claimants legal representative. surance applies: . a. Other Insurance. a. As if each Named Insured were the only Named The Insurance afforded by this Coverage Part is Insured; and primary Insurance and we will not seek contribution b. Separately to each Insured against whom claim from any other Insurance available to you unless the is made or "suit" is brought. other Insurance is provided by a "contractor" other 12. Transfer Of Rights Of Recovery Against Others than the designated contractor for the same opera- tlon and Job location designated in the Declarations. To Us. Then we will share with that other Insurance by the If the Insured has ri hts to recover all or art of anr,_..h, method described below. payment we have made under this Coverage Part If all of the other Insurance permits contribution by those rights are transferred to us. The Insured must equal shares, we will follow this method also. Under do nothing after loss to impair them. At our request, the Insured will bring"suit" or transfer those rights to I this approach, each Insurer contributes equal g g amounts until it has paid its applicable limit of In- us and help us enforce them. surance or none of the loss remains, whichever 13. When We Do Not Renew. . comes first. If we decide not to renew this Coverage Part, we will f', 1 If an of the other Insurance does not permit con- Y p mail or deliver to the first Named Insured shown in tribution by equal shares,we will contribute by limits. the Declarations written notice of the nonrenewai not 9 ) Under this method, each insurer's share is based on less than 30 days before the expiration date. the ratio of its applicable limit of insurance to the total applicable limits of Insurance of all insurers. If notice is mailed, proof of malling will be sufficient proof of notice. _I 9. Premiums. SECTION V- DEFINITIONS The "contractor:" 1. "Auto" means a land motor vehicle , trailer or seml- a. Is responsible for the payment of all premiums; trailer designed for travel on public roads, Including G. and any attached machinery or equipment. But "auto" b. Will be the payee for any return premiums we does not include "mobile equipment." pay. 2. "Bodily Injury" means bodily Injury, sickness or dis- ! 10. Premium Audit. easesustained bya person, including death resulting > from any of these at any time. , a. We will compute all premiums for this Coverage 3. "Contractor"means the contractor designated in the t, Part in accordance with our rules and rates. Declarations. b. Premium shown in this Coverage Part as ad- j: vance premium Is a deposit premium only.At the 4. Impaired property means tangible property, other i close of each audit period we will compute the than work performed for you,that cannot be used or ,•� is less useful because: earned premium for that period.Audit premiums are due and payable on notice to the "contrac- a. It Incorporates work performed for you that Is tor." If the sum of the advance and audit known or thought to be defective, deficient, In- premiums paid for the policy term Is greater than adequate or dangerous; or, the earned premium,we will return the excess to b. You have failed to fulfill the terms of a contract or "" the contractor. agreement; rY q Page 6 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 'vY ?, I ._ {.�. �}' } 1�3� va TsMS1rz T(y}. ,��� t'1 ��.c",es 2b ..} � ,.�• {,t i .. + '` i s S�!§ j}Jth F to 1 t j 3k i to 1 y� ".'a���ayFY 1°" rp` , , r �` j• "3 r s 1`ti> d°t§��p''� rw a. 1',,�4fby't.N�R'Sd;k'�a.E,d�+r,T?+i'ww...a:s,..-�w.....:.:..w�.iN'%r1N"ued?tmrar..:-......�....... ..._�.J:....rd.wvr-;.r.rnw .+c•wrvniwrvM rw�. �,_........-.....«««.... t. y�7 'Ak'Sr. f f `C'' xr7t COMMERCIAL GENERAL LIABILITY If such property can be restored to use by: f. Vehicles not described In a., b., c. or d. above '' + maintained primarily for purposes other than the a. The repair, replacement, adjustment or removal p y p ur p ,. tx•;; r r transportation of persons or cargo. of the work prepared ed for you; or p p g We- p p Y b. Your fulfilling the terms of the contract or a ree- However, self-propelled vehicles with the follow- ing types of permanently attached equipment are ment. not "mobile equipment" but will be considered 45 5. "Insured contract" means: "autos:" a. A lease of premises; (1) Equipment designed primarily for: b.� A sidetrack agreement; (a) Snow removal; .t„ ` c. Any easement or license agreement, except In (b) Road maintenance, but not construction Y ;'• connection with construction or demolition or resurfacing; operations on or within 50 feet of a railroad c Street cleanin d. An obligation, as required by ordinance, to In- (2) Cherry pickers and similar devices mounted z aemnify a municipality, except In connection ' with work for a municipality; or on automobile or truck chassis and used to raise or lower workers; and e. An elevator maintenance agreement. r {y (3) Air compressors, pumps and generators, in- ? 6. "Mobile equipment"means any of the following types cluding spraying, welding, building clean- ; of land vehicles, Including any attached machinery ing, geophysical exploration, lighting and `'"� t, or equipment: 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 to 8. Property damage means: premises you own or rent; a. Physical Injury to tangible'property, Including all • c. Vehicles that travel on crawler treads; resulting loss of use of that property.All such loss •`:;; ; of use shall be deemed to occur at the time of the 4,. d. Vehicles, whether self-propelled or not, main- f tained primarily to provide mobility to per- physical injury that caused it; or manently mounted: b. Loss of use of tangible property that is not physi- w r. E (1) Power cranes, shovels, loaders, diggers or caliy Injured.All such loss of use shall be deemed drills; or to occur at the time of the "occurence" that caused it. (2) Road construction or resurfacing equipment 9. "Suit" means a civil proceeding, brought in the such as graders, scrapers or rollers; United States of America(Including its territories and @. Vehicles not described in a., b„ c. or d. above possessions), Puerto Rico and Canada, in which that are not self-propelled and are maintained damages because of "bodily Injury" or "propertys J primarily to provide mobility to permanently at damage"to which this insurance applies are alleged. i tached equipment of the following types: "Suit" includes: (1) Air compressors, pumps and generators, a. An arbitration In which such damages area • including spraying, welding, building clean- claimed and to which you must submit or do Ing, geophysical exploration, lighting and submit with our consent; or r well servicing equipment; or b. Any other alternative dispute resolution process 4 . (2) Cherry pickers and similar devices used to in which such damages are claimed and to which raise or lower workers; you submit with our consent j 10. "Work" Includes materials, parts or equipment fur- nished in connection with the operations. CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 7 of 7 t to niY i Z r' ' gT S 04 1W t i�',k ,�, � , 4 y • � , tit F,} �.. � ,s } _ } �1'Rn- k.�t yy1tu. 'r •. .. .i q 3�aiKai 1,. -,\ ..'As} 'Y ' FtXi. _� \ 6�,.` .. .rlwn�Cy"e�t��•"� o�`i �.h' d. �,,rr,.i.Y t�esan-��w�.orrtrenfstar �ws®iridl�r Sri 1.+ �t 5� ni°} • ���°r,�{/d 3r. :3i�,+��r'$r1 x',)��.a..e. .e t1V.4.rp. "k, 7 r ei .,i N i 7j e. i l j COMMERCIAL GENERAL LIABILITY t; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. h_ MISSOURI CHANGES - CANCELLATION AND NONRENEWAL id This endorsement modifies Insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART c We become Insolvent; or, A. Paragraph 2.b. of the Cancellation Cenditlon is ( ) }t replaced by the following: (d) We involuntarily lose reinsurance for this =t3 } 2.b.We may cancel this policy by mailing or deliver- policy. Ing to the first Named I nsured and the "contrac- (3) 60 days before the effective date of cancella- tor" written notice of cancellation, stating he �,. g tlon If we cancel for any other reason. actual reason for cancellation, at least: (1) 10 days before the effective date of cancella- B.The following is added to CONDITIONS: ; : tlon if we cancel for nonpayment of premium; NONRENEWAL F �3 1.We may elect not to renew this policy by mailing (2) 30 days before the effective date of cancella- tion if cancellation is for one or more of the or delivering to the first Named Insured and the <';a ?; following reasons: contractor, at the last mailing addresses ...; f4 ,t i known to us,written notice of nonrenewal, stat- 4 (a) Fraud or material misrepresentation Ing the actual reason for nonrenewal, at least .. x. Y p Y affecting this policy or a claim filed sixty days prior to the effective date of the non- - under this policy or a violation of any of renewal. ? the terms or conditions of this policy; f 2. If notice is mailed, proof of mailing will be (b) Changes in conditions after the effective sufficient proof of notice. t4 date of this policy which have materially ,fi Increased the risk assumed; yL.t 4 { yy`Chfih'F - 1•. l� al t r CG 29 29 09 87 Copyright, Insurance Services Office, Inc., 1987 .:1 dr i�`t l •v1,„,` _ ,+'' rF,7 3"'•�.: kr q.�� xr yc �ki"1•'' ; '� .`s`�' f r 1 j � � �.tr,. �i '���, tl iwvl_'�`�T �4 > a ArS t•� ,�'}{�' ” k4) t€��n,a r!{4.{ i4 y5+<1 � �f � `� }t`T�SSiI. YS �'L",N i xSS� r ff $rr }4r xtd j ; t4 '�8:� rN.tr�K��r� � a�?41�a rjcir'1'>Y y' ri�,�'"-S'+dj�E�•.,. }dN �, 4 ;}+xA rfy�ri+' �yi€>Z.' ytl 1k7 1, B 1 4 1 s,. 27 y 'A t .eei 7 ,� 0. ��'�St r ��y1a � 1 rr � �1 r �r'�c� ti 7 1' ��}��r9 � 1{ `." ' k�r�;.k 1'�`'Uf�'' s+' t �( }iVY�N'r t��. �} •; '.. twr i. a-�,.sz!<r , li ,• {rte t �,ti�,{x� ;'���i.L :c+a �1 rlvlPi• S tid, ; it r} a• YlTri.sr7"��1i t r `ter 1 �• :.,.1,. , Y Y"t 11" r ,..WJbr4' .r F. f+; a. • t COMMERCIAL GENERAL LIABILITY CG 26 25 00 92 THIS ENDORSEiVIENT CHANGES THE POLICY. PLEASE READ IT CAREFUL Y MISSOURI CHANGES - GUARANTY ASSOCIATION This endorsement modifies Insurance provided under the following: w, COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART k OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART " Missouri Property and Casualty Insurance Guaranty If the insured prepares an annual report to x Association Coverage Limitations shareholders, or an annual report to manage- ;r ment reflecting net worth, then such report for if q A. Subject to the provisions of the Missouri Property the fiscal year immediate) preceding the date of � ' and Casualty Insurance Guaranty Association Act y y g insolvoncy of the insurer will be used to deter- " (to be referred to as the Act), if we are a member of mine net worth. ' the Missouri Property and Casualty Insurance Guaranty Association (to be rsfsrred to as the As- 2. Payments made by the Association for covered sociation), the Association will pay claims covered claims will include only that amount of each ;k under the Act if we become Insolvent. claim which Is: �sf: A� = B. The Act contains various exclusions, conditions and a. In excess of $100; and °T �- limitations that govern a claimant's eligibility to col- b. Less than $300,000. r. lect payment from the Association and affect the ` amount of any payment. The following limitations However, the Association will not: apply subject to all other provisions of the Act: (1) Pay an amount in excess of the ap- 1. Claims covered by the Association do not in- plicable limit of insurance of the policy f r• ciude a claim by or against an Insured of an from which a claim arises; or insolvent insurer, If the insured has a net worth (2) Return to an Insured any unearned s' of more than $25 million on the date the Insurer premium In excess of$10,000. becomes insolvent. These limitations have no effect on the coverage we will provide under this policy. 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L1r,.'d:t;d ::i •A� 1„ wa sti,^i,'•S',!'�1�• r a{' v r ,.� , T.,Is, t. :�';',+:•.. •:?? �t.t t"sy:{2. a.?jibib S t,•,"�hr�,`t, rt'•�}, `�''r,rrr "�� y � h kt?+.I{��p1;� (t d. .1 �4..,i';L!; t, ',,r 7r`rY�} C'.r d 4.,u. .1, 'mot',3,�5;rtLF .�R•y-0,i1, •y..�',.�3 .FYtir .: �• ,t.E`tl -C 44 w �+�4' 1 ''Sk 1 s{= t r .t a tY; �`7�• r r }`lr; T Y .iz�'�t r t.} ��'. } � 1 t } 1�`i�Y�'�`I$kir�: fd"ftt tr .u�+ r i •b?t� w �'�'l�.c wpb �'A2'•�t v�x'"�.�n ;°t .'} '}�, +` ,t a°. t .A 'j .k jrYsSUN {kd�i,psis K t t s�l''Ti;a�. +, t a '� ".ifriWwin�l3..w�ellW ,�25��'i,�?:.+.•++'.s.lara:=ewx.+mtvvevratHJat�k'k4'S�.x.,...rtS1.',�.t+�.9Xr, .ShclESS 1{.xrMfBkta,.,..,..ti.x:.`_.. ... .._._.. .R....w.w�� .•+•an�wr.,sS'� .w,rtti9:.r.0k�.�Kt�. ,A MENDMENT TO COMPOST OPERATION AND SERVICE CONTRACT ' WHEREAS, the City of Jefferson, Missouri, a municipal corporation hereinafter designated "City",, entered into a contract with Green Horizons Garden Center, Inc. Jefferson City, Missouri, hereinafter referred to as "Contractors', on June 9, 1993;and WHEREAS, the contract was for the provision of a compost operation drop-off si te WHEREAS, the parties to the contract wish to amend the days and operation of the y x. drop-off site. } NOW, T HEREFORE be it agreed as follows: ; k t 1. Section 17 of the contract dated June 9, 1993, is amended to read as follows: ' ours of O oration. Durin the period March 15 through 17. Days and H u. g P 1 October 31,:hours of operation will be Monday, Tuesday,Thursday and Friday, A 9:00 a.m. to 4:00 p.m.;Wednesday, 12:30 p.m. to 7:30 p.m.; Saturday,9:00 a.m. to 3:00 p.m.; Sunday, 12:00 p.m. to 3:00 p.m. During the period November 1 through November 30, hours of operation will be Monday,Tuesday, Thursday q and Friday, 9:00 a.m. to 4:00 p.m.; Wednesday, 12:30 p.m. to 7:30 p.m.; Saturday, 9:00 a.m. to 3:00 p.m. For the period December 1 through March 14, hours of operation will be Monday, Tuesday, Thursday and Friday, 9:00 a.m. ,r to 4:00 p.m.;Wednesday, 12:30 p.m. to 7:30 p.m.; closed Saturday and Sunday. The site will be closed on the following holidays: Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve, Christmas Day, New Years ' µ, Eve, and New Year's Day. ' °a 2. All other sections of the contract dated June 9, 1993, shall remain in effect as ' stated. rt1 the parties have hereunto set their hands and seals IN TESTuI1EONY WHEREOF, ' this �o day of , 1993. 1., 1� GREEN HORIZONS GARDEN CITY OF JEFFERSON, MISSOURI ` CENTER, INC. Title: M or ATTEST: ATTEST: Title: City Clerk } APP OVED O FO A ity o selor k: contract\serviceAgrenhori.amd .of Z } L.t � ��t1 t s c �+ 4 z s: •, s t` K t 4C t'`rs a'�= �cr t` S �M�sj'z{}�t+T„n,stn t �. ✓`t at 1 tt �'v f''� e t" 9 i/ t"�'7 s �"t '1 3 �+ Ln�{ i „��'fe,S,-;s�, �°�t s��°=}fi�:>' i'5��.+�•':jy''�F��c r,`t, %.r'�r S�4H+fi.7t,r��!•Od!`s T�4,h.}�r�!^"}�` ;j. � C 1 . 1< � 1f �� '0�� fC�a i'� F�r ?W•! , t''*t+ 'YE' r s/W11 �� 3 , �� a � �}a� ,�t�a �' = y,�, `'��'re���4`k;�s,x�..�t'` �/"N��.'� < t �;f'•,'R��a�^h���i�t °k. ���� ��� s .� 1 1 l`�y. �lkY` �'; �x�'+.i t t•�°as�sjy?•:;'`?°)r t"irk f zt �%fi�n,-t w+ ,,,r,�''�{ ��1t'.r*x'�"�at�r n�ri"�r-.7''�',�' .t t � .' ��):f• �y,s�}y +tXt{.t.'ti1� �irx,.;Si,. s >' �t ts'yf4� � sr 4{1f3t�'=� p T`���yt.jt �t"•+�..'i. 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