Loading...
HomeMy Public PortalAboutORD11028 HILL NO. 88-5 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. //0, h AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MONTGOMERY ELEVATOR COMPANY FOR ELEVATOR MAINTENANCE. HE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Montgomery Elevator Company for elevator maintenance in public buildings. Section 2. The contract shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed ���� r l S Approved -,- ---�,, �S 8L iVlf ficer ayor ATTEST: City Clerk SERVICE AGREEMENT This Agreement made and entered this of 1988, by and between the City of Jefferson, Missouri , a municipal corporation, hereinafter referred to as "City, " and Montgomery Elevator Company, hereinafter referred to as "Contractor. " WHEREAS , City and Contractor desire to terminate and cancel all present agreements and understandings by and between them, and in lieu thereof. to enter into this Agreement, and WHEREAS, Contractor is willing to enter into this Agreement with respect to his employment and services upon the terms and conditions herein set forth, NOW, THEREFORE, be it agreed as follows : 1 . Scope of Work. The work under this Agreement shall consist of Full Service for two (2) hydraulic passenger elevators located at the John G. Christy, and Thomas Whitecotten Buildings. It also includes rates for on-call service. CONTRACTORS FULL MAINTENANCE SERVICE REQUIREMENT To maintain the elevator equipment herein described, using skilled elevator maintenance men, employ all reasonable care to see that the elevator equipment is maintained in proper operating condition. ® To regularly and systematically examine, adjust, lubricate, as required , and if conditions warrant , unless specifically excluded elsewhere in this contract repair or replace the following: Elevator pump , ' motor , plunger, plunger packing, V-belts , strainers , valves, regulators, controllers including relays , contacts , timers , coils , magnet frames and control wiring. Relamp all signals during regular service time only. To repair and/or replace traveling cable when necessary; replace car guide shoes , gibs , and/or rollers when necessary to insure proper operation, and keep the guide rails properly lubricated, when applicable . The following accessory equipment will be examined, lubricated, adjusted, repaired and/or replaced by Contractor. Door operator, car and hoistway door hangers and tracks , car door contacts , and door protective devices , all door gibs , car and corridor operating stations , alarm bell and buffers . To conduct a pressure relief test and a yearly leakage test as required by A.N.S. I . A-17 Code. Contractor will assume no responsibility for the following terms of elevator equipment which are not included in this contract : Refinishing, repairing or replacement of car enclosure, fan, gates , and/or doors , hoistway enclosure , rail alignment, hoistway doors , door frames and sills , hoistway gates , finished flooring, car lighting, power feeders . switches , their wiring and fusing, hydraulic cylinder, and underground piping. ® 2. Contract Period. This contract shall be in effect from April 26. 1988, through April 25 , 1989 . 3 . Response Time. Some repairs under this contract are of an emergency nature. Contractor shall respond within one and one- half ( 1/2) hours to any and all service requests pertaining to the elevators of the City or of other requests which are designated as emergency repairs . 4 . Prevailing Wage Law. To the extent that the work performed by Contractor is subject to prevailing wage law, the Contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri , pursuant to Sections 290. 210 through 290. 340 inclusive, RSMo. 5 . Rates . Service will be provided at the following rates : John G. Christy Building and Thomas Whitecotton Building- $263 .95 ; Hourly rate - $59 .50; and Overtime Rate Time and One Half - $89.25 Any labor provided between the hours of 5 :00 p.m. through 8 :00 a.m. Mondays through Saturdays shall be charged at a rate AML 1/2 times the above rates . Any labor provided between 12 :01 a.m. Sundays through 8 :00 a.m. Mondays shall be at a rate two times the above rates . 6 . Parts and Materials . City shall provide materials and supplies necessary to complete the work unless City elects not to so provide. In the event the City does not provide materials or supplies , the Contractor shall provide the same and. will be reimbursed for his costs for which he shall provide invoices . 7 . Unclassified Work. Should the nature of a repair require labor , equipment and / or material not susceptible to classification under any items scheduled in the contract . the City can authorize the use of the unclassified labor. The rule for unclassified labor shall be the number of hours actually worked and the repairs plus reasonable travel time and will consist of the individual ' s hourly rate plus hourly fringe benefits plus employer' s payroll contributions with a fifteen percent ( 15x) additional for overhead and profit . Payment for equipment not susceptible to classification under any scheduled items in the contract, will be limited to: a. For equipment rented by the vendor: the actual rental paid . b. For equipment owned by the vendor, the monthly rental rate charged by recognized rental organizations times the number of hours the equipment was necessary for repairs plus reasonable travel time from the storage location to the site , all divided by one hundred seventy-six ( 176) hours . Payment for material not susceptible to classification under any scheduled items in the contract, will be the actual invoice ® cost to Contractor. Prior to payment being authorized, the Contractor shall submit an itemized breakdown of the unclassified labor, equipment and/or material. The breakdown shall include information and documentation sufficient to substantiate the Contractor' s claim. 8. Inspection. Unless the nature and extent of the work is known to the City, the Contractor will first receive a request to inspect the proposed work and provide a written report of the following to the Director of Planning and Code Enforcement (Director) : a. Description of the work necessary. b. A list of the materials, parts , and supplies needed to complete the work. C. An estimate of work hours . 9. Authorization to Repair. Once the Director determines the estimate of work hours and material , parts and supplies required are reasonable , the report will be forwarded to the appropriate department for preparation of a requisition for the work. Upon receipt of the purchase order, or purchase order number for the work, the Contractor may begin work as soon as the materials , parts and supplies are made available. In the event that the repair is of an emergency nature,Contractor shall proceed to make the repair as expeditiously as possible and secure all necessary paperwork after the repair is completed. 10. Normal Work Hours . The quantity of work during normal work hours for which payment will be made will be of work man hours actually performed at the site. Payment for normal work hours will be paid for the quantity as above determine at the unit price shown above , which price includes cost of labor, equipment normally associated with the type of repair, travel , benefits , overhead. profit, insurance and else necessary therefor and incidental thereto. 11 . Overtime Work Hours . a. The quantity of work during the overtime work hours from 5:00 P.M. trough 8:00 A.M. for which payment will be made will be the number of overtime work man hours actually performed at the site. Payment for overtime work hours during this period will be paid for the quantity as above determined at one and one-half (1/2) times the unit price , which price includes cost of labor, equipment normally associated with the type of repairs , travel , benefits , overhead, profit, insurance and all else necessary therefor and incidental thereto. b . The quantity of work during overtime work hours from 12 :01 a.m. Sundays through 8:00 a.m. Monday for which payment will be made will be the number of overtime work man hours actually performed at the site. Payment for this overtime work will be paid for the quantity as above determined at twice the unit price, which price includes cost of labor, equipment normally associated with the type of repairs, travel, benefits , overhead, profit, insurance and all else necessary therefor and incidental thereto. 12. Insurance. The Contractor shall furnish certificates of the types of insurance indicated below. The City must be specifically named as an additional insured under the policies for the purpose of this contract or may be covered through an Owner' s Protective Liability Policy issued in the name of the City. This certificate must be returned with the signed contract. Type Limits General Liability 100 ,000/800,000 Contractual Insurance 100,000/800,000 Worker' s Compensation Statutory Bodily Injury 100,000/800,000 Property Damage 100 ,000/800,000 13 . Payment. Payment shall be made to contractor by City on a monthly basis following the submission by Contractor of an itemized , detailed statement of services rendered which shall be presented to the Finance Department of City no later than the 5th day of the month following rendition of the service. 14 . Service Report. Upon completion of any service under the terms of this contract, Contractor shall provide City with a written service report indicating what service was performed including a schematic diagram showing the repair or maintenance. 15 . Specifications Incorporated. The bid specifications for this contract are hereby incorporated and made a part of this contract except to the extent they conflict with the provisions of this contract . The provisions of this contract shall prevail over any other documents involved in the contracting process . 16. Failure to Perform . Should Contractor fail to provide services as set forth pursuant to this contract, or fail to meet any of the contract provisions , this contract may be cancelled at the sole option of the City upon giving ten ( 10) days ' written notice to Contractor. 17 . Cancellation . This contract shall be subject to cancellation by. the City at any time following forty-five (45) days ' notice. 18 . Contractor' s Responsibility Limitations . Contractor shall not be obligated to make other safety tests , or to install new attachments whether or not recommended or directed by insurance companies , or by federal, state, municipal , or other governmental or non-governmental authorities . Contractor shall not be required to make renewals or repairs necessitated by the negligence , misuse or obsolescence of the equipment or any other cause beyond its control except ordinary wear and tear. 19 . Notices. All notices, consents , authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by hand or mailed by first class United States mail , postage prepaid, if to the owner to 320 E. McCarty, Jefferson City, Missouri 65101 , and if to the Contractor 430 West 7th Street, Kansas City. Missouri 64105. IN WITNESS WHEREOF the parties hereto have set their hands and seals on the day and year first above written. CITY OF JEFFERSON, MISSOURI or ATTEST: 151Z�e,'l City Clerk B R.l. Riley, Vice Pr dent ATTEST: Service Sales Manager xS�6ticQC�i�mc�c yrna K. Rakocy, Asst. Secretary COVERAGE IS PROVIDED BY THE COMPANY NAMED NATIONAL UNION FIRE INSURANCE: ON THE DECLARATIONS PAGE. COMPANY OF PITTSBURG". PA A STOCK INSURANCE COMPANY(HEREIN CALLED THE COMPANY) AMERICAN HOME ASSURANCE COMPANY THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THE BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA COMMERCE AND INDUSTRY INSURANCE COMPANY AmMember Companies of American International Group, Inc. EXECUTIVE OFFICES 70 PINE STREET NEW YORK,N.Y. 10270 COMMERCIAL LINES POLICY THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS 8JP 19M(Ed. 11.86) 46116(7187) COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION during the policy period and up to three years 1. The first Named Insured shown in the afterward. Declarations may cancel this policy by mail- D. INSPECTIONS AND SURVEYS • ing or delivering to us advance written notice We have the right but are not obligated to: of cancellation. 1. Make inspections and surveys at any time; 2. We may cancel this policy by mailing or 2. Give you reports on the conditions we find; delivering to the first Named Insured written and notice of cancellation at least: 3. Recommend changes. a. 10 days before the effective date of Any inspections, surveys, reports or recommen- cancellation if we cancel for nonpayment dations relate only to insurability and the of premium; or premiums to be charged. We do not make safety b. 30 days before the effective date of inspections. We do not undertake to perform cancellation if we cancel for any other the duty of any person or organization to provide reason. for the health or safety of workers or the public. 3. We will mail or deliver our notice to the And we do not warrant that conditions: first Named Insured's last mailing address 1. Are safe or healthful; or known to us. 2. Comply with laws, regulations, codes or 4. Notice of cancellation will state the effective standards. date of cancellation. The policy period will This condition applies not only to us, but also end on that date. to any rating, advisory, rate service or similar 5. If this policy is cancelled, we will send the organization which makes insurance inspections, first Named Insured any premium refund surveys, reports or recommendations. due. If we cancel, the refund will be pro E. PREMIUMS rata. If the first Named Insured cancels, The first Named Insured shown in the the refund may be less than pro rata. The cancellation will be effective even if we have Declarations: not made or offered a refund. 1. Is responsible for the payment of all 6. If notice is mailed, proof of mailing will premiums; and be sufficient proof of notice. 2. Will be the payee for any return premiums B. CHANGES we pay. This policy contains all the agreements between F. TRANSFER OF YOUR RIGHTS AND DUTIES you and us concerning the insurance afforded. UNDER THIS POLICY The first Named Insured shown in the Declara- Your rights and duties under this policy may tions is authorized to make changes in the terms not be transferred without our written consent of this policy with our consent. This policy's except in the case of death of an individual terms can be amended or waived only by en- named insured. dorsement issued by us and made a part of If you die, your rights and duties will be trans- this policy. ferred to your legal representative but only while acting within the scope of duties as your legal C. EXAMINATION OF YOUR BOOKS AND representative. Until your legal representative RECORDS is appointed, anyone having proper temporary We may examine and audit your books and custody of,your property will have your rights records as they relate to this policy at any time and duties but only with respect to that property. IL 00 17 11 85 In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. -� President President President Pro a dent NallonaI Union Fire Insurance American Home The Insurance Company Comltoerca and Industry Company of Pittsburgh,PA Assurance Company 9f The State of Pennsylvania Insurance Company The Birmin ham Fire insurance Company o9 Pennsylvania National Union Fire Insurinncs Comperry of I sburgh,PA American Home Assurance Company The Ins urancs Company of The State of Pennsylvania The Birmingham Fire Insurance Company of Pennsyivenia Commerce and Industry Insurance Company Includes cowrlahted material of Insurance Services Office,Inc,,with Its permission, Copyright,Insurance Services Office,Inc., 1882, 1983 GU 2768 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ` IL 00 21 1185 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: (1) The"nuclear material"(a)is at any"nuclear facility" owned by, or operated by or on be- A. Under any Liability Coverage, to "bodily injury" half of, an "insured" or (b) has been dis- or"property damage": charged or dispersed therefrom; (1) With respect to which an "insured" under (2) The "nuclear material" is contained in the policy is also an insured under a nuclear "spent fuel" or "waste" at any time _ energy liability policy issued by Nuclear En- possessed, handled, used, processed, ergy Liability Insurance Association, Mutual stored, transported or disposed of by or on Atomic Energy Liability Underwriters, Nu- behalf of an "insured"; or clear Insurance Association of Canada or any of their successors, or would be an in- (3) The "bodily injury" or "property damage" sured under any such policy but for its ter- arises out of the furnishing by an "insured" mination upon exhaustion of its limit of lia- of services,materials,parts or equipment in bility; or connection with the planning, construction, (2) Resulting from the "hazardous properties" maintenance, operation or use of any "nu- of "nuclear material" and with respect to clear facility", but if such facility is located which (a) any person or organization is re- within the United States of America, its ter- quired to maintain financial protection pur- ritoriesorpossessionsorCanada,thisexclu- suant to the Atomic Energy Act of 1954, or sion (3) applies only to "property damage" to such "nuclear facility" and any property any law amendatory thereof, or (b) the "in- thereat. sured" is, or had this policy not been issued would be, entitled to indemnity from the 2. As used in this endorsement: United States of America, or any agency "Hazardous properties" include radioactive,toxic or thereof, under any agreement entered into explosive properties; by the United States of America, or any agency thereof, with any person or organiza- "Nuclear material"means"source material", "Spe- tion. cial nuclear material" or"by-product material"; "Source material", "special nuclear material", and 8. Under any Medical Payments coverage, to ex- "by-product material" have the meanings given penses incurred with respect to "bodily injury" them in the Atomic Energy Act of 1954 or in any law resulting from the "hazardous properties" of amendatory thereof; "nuclear material" and arising out of the opera "Spent fuel" means any fuel element or fuel compo- tion of a "nuclear facility" by any person or Went,solid or liquid,which has been used or exposed organization. to radiation in a "nuclear reactor"; C. Under any Liability Coverage, to "bodily injury" "Waste" means any waste material (a) containing or "property damage" resulting from the "haz- "by-product material" other than the tailings or ardous properties" of "nuclear material", if: wastes produced by the extraction or concentration e Copyright, Insurance Services Office, Inc., 1983, 1984 of uranium or thorium from any ore processed pri- premises where such equipment or device is madly for its "source material" Content, and (b) located consists of or contains more than 25 resulting from the operation by any person or organi- grams of plutonium or uranium 233 or any com- zation of any "nuclear facility" include&under the bination thereof; -or more than 250 grams of first two paragraphs of the definition of "nuclear uranium 235; facility". (d) Any structure, basin, excavation, premises or "Nuclear facility" means, place prepared or used for the storage or dis- (a) Any"nuclear reactor"; posal of"waste"; (b) Any equipment or device designed or used for and includes the site on which any of the foregoing is (1) separating the isotopes of uranium or plu- located, all operations conducted on such site and tonium, (2)processing or utilizing"spent fuel", all premises used for such operations; I or (3) handling, processing or packaging "Nuclear reactor"means any apparatus designed or "waste"; used to sustain nuclear fission in a self-supporting (c) Any equipment or device used for the process- chain reaction or to contain a critical mass of fis- ing, fabricating or alloying of "special nuclear sionable material; material" if at any time the total amount of such "Property damage" includes all forms of radioactive material in the custody of the "insured" at the contamination of property. d OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SR-88-A DECLARATIONS Policy No. RMGLA249-6498 Effective Date: 11/15/88 "* National Fire Insurance Company 12:01 A.M., Standard Time of Pittsburgh, PA DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address City of Jefferson Montgomery Elevator Company 320 E. McCarty St. One Montgomery Court Jefferson City, MO 65101 Moline, IL 61265 LOCATION OF COVERED OPERATIONS John G. Christy E Thomas Whittecotten BLdgs. 030-0727 Jefferson City, MO $1 584 expires 4A5/89 LIMITS OF INSURANCE Aggregate Limit $ 17000,000 Each Occurrence Limit $ 2,000,000 BUSINESS DESCRIPTION Form of Business: ❑ Individual ❑ Joint Venture ❑ Partnership ❑ Organization (Other than Partnership or Joint Venture) Business Description*: Construction of Elevators — Corporation PREMIUM ® Rate per Classification Code No. Premium Basis $1000 of Cost Advance Premium Total Advance Premium $ FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: CI-102 GL1276a *Information omitted if shown elsewhere in the policy. **Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CL 152 (Ed. 11-85) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984 A Ntet1. CERTIFICATE OF INSURANCE "'U�i" ? Ci7IYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, ROLLINS BURDICK HUNTER OF ILLINOIS, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 123 North Wacker Drive COMPANIES AFFORDING COVERAGE Chicago, Illinois 60606 LEOMER NY A National Union Fire Insurance Company of Pittsburgh, PA COMPANY g . INSURED LETTER Montgomery Elevator Company COMPANY One Montgomery Court LETTER C Moline, Illinois 61265 P LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMIT 9IN THOUSANDS TR DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 51000, A X COMMERCIAL GENERAL LIABILITY RMGLA249-6498 6/30/88 6/30/91 PRODUCTS-COMPIOPS AGGREGATE S 5,000, CLAIMS MADE X OCCUR. PERSONAL A ADVERTISING INJURY t 2,000, }( OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 2,000 FIRS DAMAGE(Any one fire) S 2,000, MEDICAL EXPENSE(Any one person) S 'AUTOMOBILE LIABILITY COMBINED NGLE X ANY AUTO RHBA14589-44 6/30/88 6/30/91 LIMIT = 2,000, ALL OWNED AUTOS (Ex. Texas) INJURY S SCHEDULED AUTOS RMBATX14589-45 6/30/88 6/30/91 (Per parson) INCL. X HIRED AUTOS (Texas) BODILY X NON-OWNED AUTOS INJURY i (Peracoldenq INCL. GARAGE LIABILITY i"ACPERTY DAMAGE E INCL. EXCESS LIABILITY EACH AGGREGATE OCCURRENCE i ! OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION RMWC112-6336 06/30/88 06/30/91 STATUTORY A AND (California) S 2,000, (EACH ACCIDENT) RMWC112-6337 06/30/88 06/30/91 s 2,000, (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY (A/0 States) a 2,000, (DISEASE—EACH EMPLOYE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONBXKCIAL S John G. Christy' & Thomas Whittecotten Blags. 032-0727 Jefferson City, MO CER'T'IFICATE HOLDER CANCELLATION C1 ty of Jefferson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 20 E. McCarty S t. EXPIRATJON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO f ferson City, MO 651'0 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LENT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES$ AUTHORIZED REPRESENTATIVE :Agann 21-st la/all I/'��' © O D CORPORATION 1988 ee CER-1 - y CG 00 09 1185 (11-85) OWNERS AND CONTRACTORS PROTECTIVE UABIUTY COVERAGE FORM-�� .-_: .-,_• , -=• •. : COVERAGE FOR OPERATIONS-OF DES,'GNATED.CONTRACZOIt::�:L-"- ® Various provisions of this policy restrict coverage. Read the entire p,;;icy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the N:, ;red Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurar4.-:. The word "insured" means any person or organization qualifying",such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I--COVERAGES o� intended from the standpoint of the insured. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to "bodily injury" rc:i.ulting fro,n the use of reasonable force to 1. Insuring Agreement, protect persuns or property. a. We will paythose sums that the insured becomes b. "Bodily injury"or "property damage"for which legally obligated to pay as damages because of tl:e insured is obligated to pay damages by rea- "bodily injury" or "property damage" to which son of the assumption of liability in a contract or this insurance applies. No other obligation or agreement. This exclusion does not apply to liabilityto pay sums or perform acts or services is I;ibility for damages: covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance (.) Assumed in a contract or agreement that is applies only to "bodily injury" and "property an "insured contract"; or. damage"which occurs during the policy period. (2) That the insured would have in the absence The "bodily injury"or "property damage" must of the contract or agreement. be caused by an "occurrence" and arise out of: n, "Bodily "property Bodily injury or property damage' which oc- • (1) Operations performed for you by the airs after the earliest of the following times: "contractor"at the location specified in the V) When a:!: "work" on the project (other than Declarations; or service, maintenance or repairs) to be per- (2) Your acts or omissions in connection with formed -tor you by the "contractor" at the the general supervision of such operations. site of ti ie covered operations has been com- We will have the right and duty to defend any pleted; or "suit" seeking those damages. But: (2) When that portion of the "contractor's" ; (1) The amount we will pay for damages is!im- "work", out of which the injury or damage ited as described in SECTION III--LIMITS arises, has been put to its intended use by OF INSURANCE; any person or organization. This exclusion does not apply to any contractor or sub- (2) We may investigate and settle any claim or contractor working irect) or indirect) for "suit"at our discretion; and g y y . the "contractor" or as part of the same , (3) Our right and duty to defend end when we project. have used up the applicable limit of insur- d. "Bodily injury"or"property damage"arising out 7. ance in the payment of judgments or settle.. of your, or your employees' acts or omissions `J. ments. ' ' other than general supervision of "work" per- b. Damages because of "bodily injury" include formed for you by the "contractor". . damages claimed by any person or organization e. Any obligation of the insured under a workers ;'•, for care;'loss of services or death resulting at any compensation, disability benefits or unemploy- time from the "bodily injury". ment compensation law or any similar law. C. "Property damage".that is loss of use of tangible f. "Bodily injury" to: property that is not physically injured shall be deemed to occur at the time of the"occurrence" (t) An employee of the insured arising out of that caused it. and in the course of his employment by the insured; 2. Exclusions. This insurance does not apply to: (2) The spouse, child, parent, brother, or sister of that employee as a consequence of (1) a. "Bodily injury" or "property damage" expected above. ? ' COpV n g 'n, Insurance Services Offices. Inc., 1984 • This exclusion apples: (2) Any loss, cost, or expense arising out of any (1) Whether the insured may be liable as an governmental direction or request that you !• z, employer or in any other capacity; and test for,monitor,clean up,remove,contain, treat, detoxify or neutraliie the pollutants. (2) To any obligation to share damages with or - - -- * -••• . repay someone else who must pay damages Pollutants means any solid, liquid, gaseous or because of the injury. thermal irritant or contaminant, including smoke,vapor,soot, fumes,acids, alkalis,chem- icals and waste. Waste includes materials to be sumed by the insured under an "insured con- recycled, reconditioned or reclaimed. tract". k. "Property damage" to "impaired property" or g. "Property damage" to: property that has not been physically injured, (1) Property you own, rent, or occupy; arising out of: (2) Property loaned to you; (1) A defect, deficiency, inadequacy or dan- (3)•Personal property in your care, custody or gerous condition in "work" performed for control; or you by the "contractor"; or (4) "Work" performed for you by the "con- (2) A delay or failure by you or anyone acting on tractor". your behalf to perform a contract or agree- ment in accordance with its terms. h. '"Bodily injury"or"property damage"due to war, whether or not declared, or any act or condition This exclusion does not apply to the loss of use of incident to war.War includes civil war, insurrec- other property arising out of sudden and acci- tion, rebellion.or revolution. This exclusion ap- dental physical injury to "work" performed for plies only to liability assumed under: you by the "contractor". " � (1) An insured contract"; or SUPPLEMENTARY PAYMENTS (2) Expenses for first aid. We will pay, with respect to any claim or "suit" we de- fend: L "Bodily injury"or"property damage"arising out 1. All expenses we incur. of the use of"mobile equipment"in, or while in practice or preparation for,a prearranged racing, 2. Up to$250 for cost of bail bonds required because of speed or demolition contest or in any stunting accidents or traffic law violations arising out of the activity. use of any vehicle to which this insurance applies. j. (1) "Bodily injury" or "property damage" aris- We do not have to furnish these bonds. ing out of the actual, alleged or threatened 3. The costs of-bonds to release attachments, but only discharge, dispersal, release or escape of for bond amounts within the applicable limit of in- pollutants: surance. We do not have to furnish these bonds. (a) at or from premises you own, rent or 4• All reasonable expenses incurred by the insured at occupy; our request to assist us in the investigation or de- fense of the claim or"suit", including actual loss of . earnings up to$100 a day because of time off from for you or others for handling, storage, work. disposal, processing or treatment of waste; 5. All costs taxed against the insured in the "suit". (c) which are at any time transported, han- 6. Pre-judgement interest awarded against the insured dled, stored, treated, disposed of, or on that part of the judgment we pay. If we make an processed as waste by or for you or any offer to pay the applicable limit of insurance, we will person or organization for whom you not pay any pre-judgment interest based on that may be legally responsible; or period of time after the offer. ' .. (d) at or from any site or location on which 7. All interest on the full amount of any judgment that you or any contractors or subcontractors accrues after entry of the judgment and before we working directly or indirectly on your have paid, offered to pay, or deposited in court the behalf or performing operations: part of the judgment that is within the applicable limit of insurance. (i) if the pollutants are brought on orto the site or location in connection 8• Expenses incurred by the insured for first aid to with such operations; or others at the time of an accident, for"bodily injury" to which this insurance applies. (ii) if the operations are to test for, These payments will not reduce the limits of insurance. monitor, clean up, remove, contain, SECTION II--WHO IS AN INSURED treat, detoxify or neutralize the pol- lutants. 1. If you are designated in the Declarations as: 2 • A. Hn Inaiviauoi,yuua+w yuul aNuux 04C ivauicua. wulluu Nui#IVJw v, nn..r r. 9 b. 'A partnership or joint venture, you are an in- ante. , shred . Your members, your partners,'and their SECTION IV—CONDITIONS - spouses are also insureds, but only with respect to their duties as partners or members of a joint 1. Bankruptcy. = *_ ® venture. Bankruptcy or insolvency of the insured will not re- c. An organization other than a partnership or joint lieve us of our obligation under this Coverage Part. venture, you are an insured. Your executive of- 2. Cancellation. ficers and directors are insureds, brit only with respect to their duties as your officers or direc- a. The first Named Insured*shown in the Declara- tory. Your stockholders are also insureds, but lions may cancel this policy by mailing or deliv- only with respect to their liability as stock- Bring to us advance written notice o! cancella- holders. ticn. 2. Each of the following is also an insured: b. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the "con- a. Any person (other than your employee) or any tractor" written notice of cancellation at least: organization while acting as your real estate manager. (1) 10 days before the effective date of can- cellation if we cancel for non-payment of b. Any person or organization having proper tempo- premium; or rary custody of your property if you die, but only: (1) With respect to liability arising out of the (2) 30 days before the effective date of can- maintenance or use of that property; and cellation if we cancel for any other reason. (2) Until your legal representative has been ap- c. We will mail or deliver our notices to the first pointed. Named Insured's and the "contractor's" last c. Your legal representative if you die, but only with mailing address known to us. respect to duties as such. That representative d. Notice of cancellation will state the effective will have all rights and duties under this Cover- date of cancellation. The policy period will end age Part. on that date. No person or organization is an insured with respect e. If this policy is cancelled, we will send the to the conduct of any current or past partnership or "contractor" any premium refund due. If we joint venture that is not shown as a Named Insured in cancel, the refund will be pro rata. If the first the Declarations. Named Insured or the"contractor"cancels, the SECTION III—LIMITS OF INSURANCE refund may be less than pro rata. The cancella- tion will be effective even if we have not made or 1. The Limits of Insurance shown in the Declarations offered a refund. and the rules below fix the most we will pay re- t If notice is mailed, proof of mailing will be suffi- gardless of the number of: r cient proof of notice. a. Insureds;- 3. Changes. b. Claims made or suits brought; or c. Persons or organizations making claims or bring- This policy contains all the agreements between you, ing "suits". the "contractor" and us concerning the insurance afforded.The first Named Insured shown in the Dec- 2. The Aggregate Limit is the most we will pay for the larations and the "contractor" are authorized to sum of damages because of all "bodily injury" and make changes in the terms of-this policy with our "property damage". consent. This policy's terms can be amended or 3. Subject to 2. above, the Each Occurrence Limit is waived only by endorsement issued by usand made a the most we will pay for the sum of damages because part of this policy. - of"bodily injury"and"property damage"arising out 4. Duties In The Event Of Occurrence, Claim Or Suit of any one "occurrence". a. You must see to it that we are notified promptly " If you designate more than one project in the Declara- of an "occurrence"which may result in a claim. tions, the Aggregate Limit shall apply separately to each Notice should include: i project. (1) How, when and where the "occurrence" The limits of this Coverage Part apply separately to each took place; and consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the (2) The names and addresses of any injured �olicy period shown in the Declarations, unless the pol- persons and witnesses. icy period is extended after issuance for an additional b. If a claim is made or "suit" is brought against period of less than 12 months. In that case, the addi- any insured, you must see to it that we receive tional period will be deemed part of the last preceding prompt written notice of the claim or "suit". 3 C. You and any otner involved insured must: applicable limit of insurance. An agreed settrement (1) Immediately send us copies of any de- means settlement and release of liability signed-py . + - ---- mands, notices,summonses or legal papers us, the insured and the claimant or the claimant's received in connection with the claim or legal representative. •• - $.suit"; B. Other Insurance. (2) Authorize us to obtain records and other The insurance afforded by this Coverage Part is pri- information; mary insurance and we will not seek contribution (3) Cooperate with us in the investigation, set- from any other insurance available to you unless tha tlement, or defense of the claim or "suit"; other insurance is provided by a "contractor" other and than the designated"contractor"for the same opera- (4) Assist us, upon our request, in the enforce- tion and job location designated in the Declarations. ment of any right against any person or orga- Then we will share with that other insurance by the method described below. nization which may be liable to the insured because of injury or damage to which this If all of the other insurance permits contribution by insurance may also apply, equal shares,we will follow this method also. Under d. No insureds will,except at their own cost,volun- this approach, each insurer contributes equal amounts until it has paid its applicable limit of insur- tarily make a payment, assume any obligation, ance or none of the loss remains, whichever comes or incur any expense without our consent. first. Examination Of Your Books And Records. If any of the other insurance does not permit contri- We may examine and audityour books and records as bution by equal shares, we will contribute by limits. well as the "contractor's" books and records as they Under this method, each insurer's share is based on relate to this policy at any time during the policy the ratio of its applicable limit of insurance to the period and up to three years afterward. total applicable limits of insurance of all insurers. Inspections And Surveys. 9. Premiums. We have the right but are not obligated to: The "contractor": a. . Make inspections and surveys at any time; a. Is responsible for the payment of all premiums; b. Give you reports on the conditions we find; and and . c. Recommend changes. b. Will be the payee for any return premiums we Any inspections, surveys, reports or recommend- pay' ations relate only to insurability and the premiums to 10. Premium Audit. be charged. We do not make safety inspections. We a. We will compute all premiums for this Coverage do not undertake to perform the duty of any person or Part in accordance with our rules and rates. organization to provide for the health or safety of b. Premium shown in this Coverage Part as ad- workers or the public. And we do not warrant that vance premium is a deposit premium only.At the conditions: close of each audit period we will compute the a. Are safe or healthful; or earned premium for that period. Audit pre- b. Comply with laws, regulations, codes or stan- miums are due and payable on notice to the dards. "contractor". If the sum of the advance and This condition applies not only to us, but also to any audit premiums paid for the policy term is rating, advisory, rate service or similar organization greater than the earned premium, we will return �� which makes insurance inspections, surveys, re- the excess to the "contractor". ports or recommendations. c. The"contractor"must keep records of the infor- Legal Action Against Us..,• mation we need for premium computation, and send us copies at such times as we may request. No person or organization has a right under this 11. Separation Of Insureds. Coverage Part: a. To join us as a party or otherwise bring us into a Except with respect to the Limits of Insurance, and "suit" asking for damages from an insured; or any rights or duties specifically assigned in this Cov- b. To sue us on this Coverage Part unless all of its erage Part to the first Named Insured,this insurance terms have been fully complied with. applies: A person or organization may sue us to recover on an a. As if each Named Insured were the only Named Insured; and agreed settlement or on a final judgment against an • insured obtained after an actual trial; but we will not b. Separately to each insured against whom claim be liable for damages that are not payable under the is made or "suit" is brought. terms of this Coverage Part or that are in excess of the 12. Transfer Of Rights Of Recovery Against Others To Us. 4 • •' If the insureo nda ngno w Ic%.v.c, o.. .. ,.. . . - payment we have made under this Coverage Part nently mounted; (hose rights are transferred to us. The,insured must (1) Power cranes, shovels, loaders, diggers or do nothing after loss to impair thern.At our request, _ drills; or the insured will bring "suit" or transfer those rights to us and help us to enforce them. (2) Road construction or resurfacing equipment SECTION V--DEFINITIONS such as graders, scrapers or rollers; e. Vehicles not described in a., b., C. or d, above 1. "Auto" means a land motor vehicle, trailer or semi- that are not self-propelled and are maintained trailer designed for travel on public roads, including primarily to provide mobility to permanently at- any attached machinery or equipment. But "auto" tached equipment of the following types: does not include "mobile equipment 2. "Bodily injury" means bodily injury, sickness or dis- (1) Air compressors, pumps and generators, in- ease sustained by a person, including death result- cluding spraying, welding, building clean- ing, geophysical exploration, lighting and ing from any of these at any time. well servicing equipment; or 3. "Contractor"means the contractor designated in the (2) Cherry pickers and similar devices used to Declarations. raise or lower workers; 4. "Impaired property"means tangible property, other f. Vehicles not described in a., b., c. or d. above than work performed for you, that cannot be used or maintained primarily for purposes other than the is less useful because: transportation of persons or cargo. a. It incorporates work performed for you that is However,self-propelled vehicles with the follow- known or thought to be defective, deficient, in- ing types of permanently attached equipment adequate or dangerous; or are not "mobile equipment" but will be consid- b. You have failed to fulfill the terms of a contractor ered "autos": agreement; (1) Equipment designed primarily for: if such property can be restored to use by: (a) Snow removal; a. The repair, replacemerit, adjustment or removal (b) Road maintenance, but not construc- of the work performed for you; or tion or resurfacing; b. Your fulfilling the terms of the contractor agree- (c) Street cleaning; ment. 5. "Insured contract" means: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to a. A lease of premises; raise or lower workers; and b. A sidetrack agreement; (3) Air compressors,pumps and generators, in- c. An easement or license agreement in connection cluding spraying, welding, building clean- with vehicle or pedestrian private railroad cross- ing, geophysical exploration, lighting and ings at grade; well servicing equipment. d. Any other easement agreement, except in con- 7. "Occurrence" means an accident, including contin- nection with construction or demolition opera- uous or repeated exposure to substantially the same . tions on or within 50 feet of a railroad; general harmful conditions. e. An indemnification of a municipality as required S. "Property damage" means: by ordinance,except in connection with work for a. Physical injury to tangible property,including all a municipality; resulting loss of use of that property; or f. An elevator maintenance agreement. b. Loss of use of tangible property that is not phys- ~; 6. "Mobile equipment" means any of the following ically injured. types of land vehicles, including any attached ma- 9. "Suit" means a civil proceeding, brought in the ;: chinery or equipment: United States of America (including its territories a. Bulldozers, farm machinery, forklifts and other and possessions), Puerto Rico and Canada, in which vehicles designed for use principally off public damages because of "bodily injury" or "property roads; damage"to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging b. Vehicles maintained for use solely on or next to such damages to which you must submit or submit premises you own or rent; with our consent, c. Vehicles that travel on crawler treads; 10. "Work" includes materials, parts or equipment fur- d. Vehicles, whether self-propelled or not, main- nished in connection with the operations. 5 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY POLICY THIS POLICY IS CLASSIFIED IN DIVIDEND CLASS 1 GENERAL CLASS COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR A The named insured is hereby notified that by ® virtue of this policy he is a member of Liberty ������� Mutual Insurance Company and is entitled to vote either in person or by proxy at any and all meetings of said company. M U T U�L O The annual meetings are held at its home LIBERTY MUTUAL INSURANCE COMPANY • BOSTON office, Boston, Massachusetts, on the third Wednesday of April in each year, at ten o'clock in the morning. FOR PROMPT INSURANCE SERVICE—CALL YOUR SERVICE OFFICE (A mutual insurance company, herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: COVERAGE A—BODILY INJURY LIABILITY (g) to bodily injury or property damage due to war, whether or COVERAGE B—PROPERTY DAMAGE LIABILITY not declared, civil war, insurrection, rebellion or revolution The company will pay on behalf of the insured all sums which or to any act or condition incident to any of the foregoing, the insured shall become legally obligated to pay as damages be- with respect to (1) liability assumed by the insured under an cause of incidental contract, or (2) expenses for first aid under the Coverage A. bodily injury or Supplementary Payments provision of this policy; Coverage B. property damage (h) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unload- to which this policy applies, caused by an occurrence and arising ing of any mobile equipment while being used in any pre- out of (1) operations performed for the named insured by the arranged or organized racing, speed or demolition contest or contractcr designated in the declarations at the location designated in any stunting activity or in practice or preparation for any therein or (2)acts or omissions of the named insured in connection such contest or activity or(2) the operation or use of any snow- with his general supervision of such operations, and the company mobile or trailer designed for use therewith; shall have the right and duty to defend any suit against the 0) to bodily injury or property damage arising out of the dis- insurod seeking damages on account of such bodily injury or charge, dispersal, release or escape of smoke, vapors, soot, property damage, even if any of the allegations of the suit are fumes, acids, alkalis, toxic chemicals, liquids or gases, waste groundless, false or fraudulent, and may make such investigation materials or other irritants, contaminants or pollutants into and settlement of any claim or suit as it deems expedient, but the or upon land, the atmosphere or any water course or body of company shall not be obligated to pay any claim or judgment or water; but this exclusion does not apply if such discharge, to defend any suit after the applicable limit of the company's dispersal, release or escape is sudden and accidental; liability has been exhausted by payment of judgments or settle- ments. (j) to loss of use of tangible property which has not been physically injured or destroyed resulting from Exclusions injured a delay in or lack of performance by or on behalf of This policy does not apply: the named insured of any contract or agreement, or (a) to liability assumed by the insured under any contract or (2) the failure of the named insured's products or work per- agreement except an incidental contract; but this exclusion formed by or on behalf of the named insured to meet the does not apply to a warranty that work performed by the level of performance, quality, fitness or durability war- designated contractor will be done in a workmanlike manner; ranted or represented by the named insured; (b) to bodily injury or property damage occurring after but this exclusion does not apply to loss of use of other (1) all work on the project (other than service, maintenance tangible property resulting from the sudden and accidental or repairs) to be performed by or on behalf of the named physical injury to or destruction of the named insured's insured at the site of the covered operations has been products or work performed by or on behalf of the named completed or insured after such products or work have been put to use by (2) that portion of the designated contractor's work out of any person or organization other than an insured. which the injury or damage arises has been put to its intended use by any person or organization other than SUPPLEMENTARY PAYMENTS �1f another contractor or subcontractor engaged In performing The company will pay, In addition to the applicable limit of 1L operations for a principal as a part of the some project; liability: (c) to bodily injury or property damage arising out of any act or (a) all expenses Incurred by the company, all costs foxed against omission of the named insured or any of his employees, other than general supervision of work performed for the named the Ensured In any suit defended by the company and all interest on the entire amount of any judgment therein which insured by the designated contractor; accrues after entry of the judgment and before the company (d) to any obligation for which the insured or any carrier as his has paid or tendered or deposited in court that part of the insurer may be held liable under any workmen's compensation, u lodgment which does not exceed the limit of the company's unemployment compensation or disability benefits law, or under any similar law; liability thereon; (b) premiums on appeal bonds required (e) to bodily injury to any employee of the insured arising out of any such suit, pre- miums on bonds to release attachments in any such suit for and in the course of his employment by the Insured or to any an amount not in excess of the applicable limit of liability of obligation of the Insured to indemnify another because of this policy, and the cost of bail bonds required of the insured damages arising out of such injury; but this exclusion does not because of accident or traffic law violation arising out of the apply to liability assumed by the insured under an incidental use of any vehicle to which this policy applies, not to exceed contract; $250 per bail bond, but the company shall have no obligation (f) to property damage to to apply for or furnish any such bonds; • (1) property owned or occupied by or rented to the insured, (c) expenses incurred by the insured for first aid to others at the (2) property used by the insured, time of an accident, for bodily injury to which this policy (3) property in the care, custody or control of the insured or applies; as to which the insured is for any purpose exercising (d) reasonable expenses incurred by the insured at the company's physical control, or request in assisting the company in the Investigation or defense (4) work performed for the insured by the designated con- of any claim or suit, Including actual loss of earnings not to tractor; exceed $25 per day. GPO 2851 R4 LX (12182) PAGE 1 Prmled ui U.S A r PERSONS INSURED (2) international waters or air space, provided the bodily injury JJLLJJLLIL Each of the following is an Insured under this policy to the ex- or property damage does not occur In the course of travel or tent set forth below: transportation to or from any other country, state or notion; or (a) if the named insured is designated in the declarations as an (3) anywhere in the world with respect to damages because of Individual, the person so designated and his spouse; bodily injury or property damage arising out of a product (b) if the named insured is designated in the declarations as a which was sold for use or consumption within the territory partnership or joint venture, the partnership or joint venture described in paragraph (1) above, provided the original suit so designated and any partner or member thereof but only for such damages is brought within such territory; with respect to his liability as such; "property damage" means (i) physical Injury to or destruction (e) if the named insured is designated in the declarations as other of tangible property which occurs during the policy period, in- than an individual, partnership or joint venture, the organiza- eluding the loss of use thereof at any time resulting therefrom, or tion so designated and any executive officer, director or stock- (2) loss of use of tangible property which has not been physically holder thereof while acting within the scope of his duties injured or destroyed provided such loss of use is caused by an as such; and occurrence during the policy period; (d) any person (other than an employee of the named insured) "work" includes materials, parts and equipment furnished in or organization while acting as real estate manager for the connection therewith. named insured. IV LIMITS OF LIABILITY CONDITIONS VII VV Regardless of the number of (1) insureds under this policy, Premium All premiums for this policy shall be computed in ac- (2) persons or organizations who sustain bodily injury or property cordance with the ccmpany's rules, rates, rating plans, premiums damage, or (3) claims made or suits brought on account of bodily and minimum premiums applicable to the insurance afforded injury or property damage, the company's liability is limited as herein. follows: Premium designated in this policy as "advance premium" is a Coverage A—The total liability of the company for all damages, deposit premium only which shall be credited to the amount of the including damages for care and loss of services, because of bodily earned premium due at the end of the policy period. At the close injury sustained by ene or more persons as the result of any one of each period (or part thereof terminating with the end of the occurrence shall not exceed the limit of bodily injury liability policy period) designated in the declarations as the audit period stated in the declarations as applicable to "each occurrence". the earned premium shall be computed for such period and, upon Coverage B—The total liability of the company for all damages notice thereof to the named insured, shall become due and payable. because of all prcperty damage sustained by one or more persons If the total earned premium for the policy period is less than the or organizations as the result of any one occurrence shall not ex- premium previously paid, the company shall return to the named teed the limit of property damage liability stated in the declara- insured the unearned p-)rtion paid by the named insured. tions as applicable to "each eceurrenee". The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of Subject to the above provision respecting each occurrence", the total liability of the company for all damages because of all such records to the company at the end of the policy period and at property damage to which this coverage applies shall not exceed such times during the policy period as the company may direct. the limit of property damage liability stated in the declarations as Inspection and Audit The company shall be permitted but not "aggregate". If more than one project is designated in the obligated to inspect the named insured's property and operations schedule, such aggregate limit shall apply separately with respect at any time. Neither the company's right to make inspections nor to each project. the making thereof nor any report thereon shall constitute an Coverages A and B—For the purpose of determining the limit undertaking, en behalf of or for the benefit of the named insured of the company's liability, all bodily injury and property damage or others, to determine rr warrant that such property or operations arising out of continuous or repeated exposure to substantially the are safe or healthful, or are in compliance with any law, rule or some general conditions shall be considered as arising out of one regulation. occurrence. The company may examine and audit the named insured's books and records at any time during the policy period and extensions POLICY TERRITORY thereof and within three years after the final termination of this This policy applies only to bodily injury or property damage policy, as for as they relate to the subject matter of this insurance. which occurs within the policy territory. Insured's Duties in the Event of Occurrence, Claim or Suit �� (a) In the event of an occurrence, written notice containing par- DEFINITIONS titulars sufficient to identify the insured and also reasonably When used in this policy (including endorsements forming a obtainable information with respect to the time, place and part hereof): circumstances thereof, and the names and addresses of the "bodily injury" means bcdily injury, sickness or disease sus- injured and of available witnesses, shall be given by or for the tained by any person which cccurs during the policy period, includ- insured to the company or any of its authorized agents as soon ing death at any time resulting therefrom; as practicable. "incidental contract" means any written (1) lease of premises, (b) If claim is made or suit is brought against the insured, the (2) easement agreement, except in connection with construction insured shall immediately forward to the company every or demolition operations on or adjacent to a railroad, (3) under- demand, notice, summons or other process received by him taking to indemnify a municipality required by municipal ordi- or his representative. nance, except in connection with work for the municipality, (4) (c) The insured shall cooperate with the company and, upon the sidetrack agreement, or (5) elevator maintenance agreement; company's request, assist In making settlements, in the conduct "insured" means any person or organization qualifying as an of suits and in enforcing any right of contribution or indemnity insured in the "Persons Insured" provision of the applicable In- against any person or organization who may be liable to the surance coverage. The insurance afforded applies separately to insured because of injury or damage with respect to which each insured against whom claim is made or suit is brought, except insurance is afforded under this policy; and the insured shall with respect to the limits of the company's liability; attend hearings and trials and assist in securing and giving "named insured" means the person or organization named in evidence and obtaining the attendance of witnesses. The Item 1 of the declarations of this policy; insured shall not, except pt his own cost, voluntarily make any payment, assume any obligation or incur any expense other "occurrence" means an accident, including continuous or re- than for first aid to others at the time of accident. peated exposure to conditions, which results in bodily injury or Action Against Company No action shall Ile against the company property damage neither expected nor intended from the stand- unless, as a condition precedent thereto, there shall have been full point of the insured; compliance with all of the terms of this policy, nor until the amount "policy territory" means: of the Insured's obligation to pay shall have been finally deter- (1) the United States cf America, its territories or possessions, mined either by judgment against the insured after actual trial or or Canada, or by written agreement of the insured,the claimant and the company. PAGE 2 Any person or organization or the legal representative thereof in any part of this policy or estop the company from asserting any who has 3eturbd Such Judgment or written agreement shall there- right under the terms of this policy; nor shall the terms of this after be entitled to recover under this policy to the extent of the policy be waived or changed, except by endorsement issued to form insurance afforded by this policy. No person or organization shall a part of this policy, signed by the President or a Vice President, have any right under this policy to join the company as a party to and the Secretary or an Assistant Secretary of the company and, any action agoinst the Insured to determine the Insured's liability, if such signatures ore facsimile signatures, countersigned by a duly nor shall the company be impleaded by the insured or his legal rep. authorized representative of the company. resentative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obliga- Assignment Assignment of interest under this policy shall not tions hereunder. bind the company until its consent is endorsed hereon; if, how- ever, the named insured shall die, such insurance as is afforded by 5 Other Insurance The insurance afforded by this policy is primary this policy shall apply (1) to the named insured's legal representa- insurance, except when stated to apply in excess of or contingent tive, as the named insured, but only while acting within the scope upon the absence of other insurance. When this insurance is pri. of his duties as such, and (2) with respect to the property of the mary and the insured has other insurance which is stated to be named insured, to the person having proper temporary custody applicable to the loss on an excess or contingent basis, the amount thereof, as insured, but only until the appointment and qualifico- of the company's liability under this policy shall not be reduced by tion of the legal representative. the existence of such other insurance. Three Year Policy If this policy is issued for a period of three ^ When both this insurance and other insurance apply to the loss years any limit of the company's liability stated in this policy as JU' on the some basis, whether primary, excess or contingent, the "aggregate" shall apply separately to each consecutive annual company shall not be liable under this policy for a greater propor- period thereof. tion of the loss than that stated in the applicable contribution Cancellation This policy may be cancelled by the named insured �(� provision below: by mailing to the company written notice stating when thereafter 0 (a) Contribution b Equal Shares. I( all of such other valid and the cancellation shall be effective. This policy may be cancelled Y 9 by the company by moiling to the named insured at the address collectible insurance provides for contribution by equal shares, shown in this policy, written notice stating when not less than ten the company shall not be liable for a greater proportion of days thereafter such cancellation shall be effective. The moiling such loss than would be payable if each insurer contributes of notice as aforesaid shall be sufficient proof of notice. The effec- an equal share until the share of each insurer equals the low- tive dote of cancellation stated in the notice shall become the end est applicable limit of liability under any one policy or the full of the policy period. Delivery of such written notice either by the amount of the loss is paid, and with respect to any amount named insured or by the company shall be equivalent to mailing. of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss If the named insured cancels, return premium shall be 90%of the until each such insurer has paid its limit in full or the full pro-rata unearned premium. If the company cancels,earned premium amount of the loss is paid. shall be computed pro-rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after (b) Contribution by Limits. If any of such other insurance does cancellation becomes effective, but payment or tender of unearned not provide for contribution by equal shares, the company premium is not a condition of cancellation. shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and Dbelorations By acceptance of this policy, the named insured collectible insurance against such loss. agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the Subrogation In the event of any payment under this policy, the truth of such representations and that this policy embodies all company shall be subrogated to all the insured's rights of recovery agreements existing between himself and the company or any of therefor against any person or organization and the insured shall its agents relating to this insurance. execute and deliver instruments and papers and do whatever else Is necessary to secure such rights. The insured shall do nothing Mutual Policy Conditions This policy is nonassessable. The �� after loss to prejudice such rights. policyholder is a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Changes Notice to any agent or knowledge possessed by any board of directors in accordance with the provisions of low, In the agent or by any other person shall not effect a waiver or a change distribution of dividends so fixed and determined. In witness whereof, the company has caused this policy to be signed by its President and Secretary at Boston, Massachusetts, and counter- sidned on the declarations page by a duly authorized representative of the company. SECRETARY PRESIDENT e PAGE 3 N H cs o a a NJ Ul Z Z W6 = 'o W a a ................ �?"'.'7"tr%Y r`:n"• $.,e 7,;P`ut:• q.,�y;w _ _ r.Lru:.� ^.C.f^ ,;--.i.a ::R� r.tryr• ,l"::.K.�,. .T�^ - ..;.M r .�..S..t �.{ %f7.u:,;:q\�`�:`, ..s!'z rf r,r yt i. .{ y ,:4.• ;S. ;:r.. TT ..C•:. }.�"�.�r•Ic}:'r'-:e'.reti,•,<:.•:: Wi '.��1-1 'r�.`} `,i. >�wl��i:'i,"ra-,• t },SSf, i; re�')'c'f n is {.i t ' +t t1'>r i:`,F';11,.:rv;ittt J 7'.i.� T¢.re�yo""GVt,yy its^ ra "``'%"•'S.�,�Y'r W.- '� y 7.Y�'•17a{'�d ''c r t a r....r r r .i,,�.>%� a.*'.: s. f i j t r�,.:1!{'<",' { ,�r1"•;`?';�iti"':'i1, !J's, r ty r r6 .tit ur. q t. r r} 1".Yy+�,�itk':t;h'.k jid:,4�•I ^xii olt' �nS 1 r 5�t��}� 7 7f ,Y�:j�Ltr ` ct .4� r�Ty� 1�y ` �� t { � y (w}2f fr f;}�Aif�dr•dt� rr•Y'�r4 7q ,..� .,� S �.s r, c s ., r i i tiS�� .t ..�. A� fr{ CG} +�ty.tir t 1 y. < fx T 7 .i rYi.pl rwi. 51 r + t,� t n}• iY(12 ro t i t. r t. lf, t .s, + i i'. + tt X s T 1 S{tS"�.t�s�zLy. '�YY t .� d rfL+ t t 7' t + d:: S t }`i•gS +r �� 11+�Ii°r;' �'v r r ti .7 f' } r. 7 i t' i S• Sr rs r� S i 1 J rr >.r-J'. $1 h (1 5 +•f a tt 7 tj •� t .Y 'T .�fi trJ �r v r y t 4�1. ..r., ir.f t. i i i v.+'.,a 1• ' ''.t 1�4 ''�*f.l'?�' t �7�;+} '': ? ?r4fs.1 pS/I PF{,$rT1.r,v f ' r Y 1+ l z 1..it t✓rr'` ,7 }'r.y. r 1 .`: a .7e lri r .z } i s SM1ir 8t.. ��.jf�t?.7,.;,r,Y�,�1rS �i} r,t 3 N;: ,1 n t t` `sx t r z7i r7¢ }rr.t• t rr t > i r 's' 7 tY[ ,y1 �ti f `� "!,5•��:t':ryty3,�r t`(t'.i•'��%`�( ."i,P;?�yy{?Y}S ^tt� !It .ifr s tiS rc.t ,r�,`.:rt r s� i .?:r. ..jt,f? 1a i�.0 it ij 7.i 1Y� i r, .7 y vy. a fW tLtvt.!.�,'���• : fit `��Li�sa�`{ft,',�r�,'S'��Yf r"Ai"J�.14�n t%Sn`.17::K�(_Sr. T.h. .n:}{ :tf 7,�'.Yf., �P �,114 {t. � �,i�'. .l d,41.t2 S1 Yr y�ifl�7.i1�C•}(e+i :,f:r.. tf(S�{.=�...J,�x .�<�tt1Lj-� � .E ,t li:Jr.c, �.}t4(:'.:�„'a T•;; „f.;a�:l;,,t.ri r4fi' .:�:a+r 5��.�,. ..t? a,:j:-s'r j 7 } 7'r�,,F �1r::�ir.rs5;'..�y r,t,.>k�y., f 4. r+,..s J'�+�i;.tj�';'�r 1?S;t�,,n�'fit} hk�r ^q�S1.J'41< �,x'fi;r`T:. r �ra r�x .?}4S 9 tty 1, s. r v :� f !r t 7 '".�;:gital,•.t'sr?1.r.Y:?�''°.. 4 s4;k4;., R� Ft ..v[.1.vi>'.L l:..la+ Y<�,4r r'1`n'�i�.Lh”t.,.,.../u�?......-1..:�t�i..� ✓...5.....H...... .. ,..,w ..�flai}i t`4'.:.Yi ,.ia.r.. ,.7.., .:r14i.:.,1.4 i11 r.nt-tY....1Y..,�:�7. o�li'Jiis..r�.4;,(I..t.tw!-.1�i�a?Gi�l+ K 0._f••midii{•f ................ • Certificate of Insurance THIS cenTIFICATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND.EXTEND,on ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. ® This is to Certify that _ Name sand LIBERTY Montgomery Elevator Company Insured. MUTUAL.. One Montgomery Court LMoline, IL 61265 is,at the ismic talc of thus cerlificale,insured by the Comp;Iny under the pulicyl ic,l lislcd hclow.•'Fhe insurance afforded by the listed policy(ics)is subject to all their teens,c%clusions and Condilions and is riot altered by an) requirement,teen or condition of any Contract or other document with respect to which this ccnificale may he issued. TYPE OF POLICY CERT, EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COV.B WORKERS' LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT 6-30''34 WC2-645-004102-01 All states except $ 1,000,000 EA.ACCIDENT COMPENSATION State Fund states** BODILY INJURY BY DISEASE . — $ 1,000,000 EA.PERSON WC2-645-004102-02 California BODILY INJURY BY DISEASE s 1,000,000 POLICY LIMIT COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE FOR 6-30-88 RH2-641-004102-03 EACH EACH LJ SCHEDULE FORM $ XX OCCURRENCE $ XX OCCURRENCE PRODUCTS COM- -J L�3 PLETED OPERATIONS $ XX AGGREGATE $ XX AGGREGATE Broad Form Property Damage old X Personal Injury Z an INDEPENDENT CON- Q TORS PROTECTIVE RAC• BODILY INJURY RY SINGLE PROPERTY(DAMAGE ®TORS PROTECTIVE_ ® UONTRTYACTUAL $ 1,000,000 EACH OCCURRENCE $ 7,000,000 AGGREGATE ® Explosion Collapse & Underground Hazards ®OWNED $ EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED O 6-30-88 AS2-645-004102-0m NON-OWNED EACH PERSON Q Q HIRED EACH ACCIDENT EACH ACCIDENT OR OCCURRENCE $ OR OCCURRENCE Owners & 6-30-88 LX1-641-004102-07 Limits per contract specs. Contractors U.1 Protective - O Liability LOCATION(S)OF OPERATIONS&JOB#(If Applicable) 2-0727 DESCRIPTION OF OPERATIONS: John G. Christy & Thomas Whittecotten Bldgs. Manufacturing, installation & repair & Jefferson City, MO service of elevators & related equipment. 'NOTE;You will NOT be notified annually of the continuation of this coverage.You will be notified if this coverage Is terminated or reduced, ** State of Maineis not covered for WC coverage& Employer Liability. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS expires 4-25-89 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: t/ F- City of Jefferson 0 320 E. McCarty St. Jefferson City, MO 65101 AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER— May 25, 1988 Itasca, TL DATE ISSUED OFFICE L J This certificate to axocuted by LIBERTY MUTUAL INSURANCE GROUP as respects such Insurance as Is afforded by Those Companies. Liberty Mutual Insurance Group BS 745 8 R2 r►. . OWNERS' AND CONTRACTORS' DECLARATIONS LIBERTY PROTECTIVE LIABILITY OACCOUNTNO 511RA"TNO MUTUAL � POLICY 00 41 02 LIBERTY MUTUAL INSUAANCt COMPANY•BOSTON 7LXI-641-004102-075 o. TD CD lAllf OIrTLA I CON SALES ae7NIESLNTATIVa CotN[ M N ISi YSAN 14/E Itasca i 400 M. Tillotson 8711 1 85 Item 1. Named Insured Owners and Contractors for whom Montgomery Elevator Company and its Subsidiaries is specifically required to provide insurance Address C/O Montgomery Elevator Company 30 20th Street, Moline, IL 61265 The named insurer! is: Individual Q, Partnership Q, Corporation Q. Other C] .................................................... Mo. Day Year Mo. Day Yam Item 2. Policy Period: From 6 30 85 to 6 30 88 12:01 A.M., standard time at the address of the named insured as stated herein. Audit Basis: At Expiration (E, Annual [3, Semi-Annual [], Quartcrl%- Q, Monthly Q, Flat Charge 0 Item 3. The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. COVERAGES LIMITS OF LIABILITY ADVANCE PREMIUMS A—BODILY INJURY LIABILITY $ per each occurrence Certificate To Be $ Per B—PROPERTY DAMAGE LIABILITY Certificateeach occurrence $ Determined � Per Aggregate Certificate TOTAL ADVANCE PREMIUM $ Item 4. Designation of Contractor Montgomery Elevator Company 30 20th Street Mailing Address Moline, IL 61265 Location of Covered Operations All locations of the Named Insured where Montgomery Elevator is performing work. Q Cht.ck here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable under the terms of this policy. Item S. Computation of Premium Plclnium Base Rates Advance Premiums Code Per 8100 of Cost Bodily Property Classifications ,yo. Cost -- Liability Inj Dabilrtr Bodily Property In'ury Damage LI lity Liability Code 317 To Be Determined To Be Dete ined M Minimum Premium •The�policy, including all endorsements issued therewith, is hereby countersigned by................................................................................. *9X000"* .Authorised Repreftniative LOc-6 Tyf W 11610dic Paymeut liatilig asu 1u Basis I gnu ate Vol. cnrwaa I" � ccountino try I1,f22 s I R p NR® I 1 a I IML I s. ❑` New Dlv dend for Exp. GPO 2852 RS(1/1/73)Prinlod In U.S.A. AMENDATORY ENDORSEMENT It is agreed that this insurance applies to any person or organization, as a Named Insured, for whom Montgomery Elevator Company and its Subsi- diaries specifically is required to provide liability coverage under the terms of a contract with respect to which a Certificate of Insurance has been issued by the Company, but only with respect to operations while being performed by or on behalf of Montgomery Elevator Company and its Subsidiaries for such person or organization, and only to the extent of the limits of liability required by such contract and shown on such certi- ficate, but in no event higher than $1,000,000 per occurrence and $7,000,000 aggregate. It is further agreed that this insurance does not apply to the liability of Montgomery Elevator Company and its Subsidiaries. This endorsement Is executed by the company below designated by an entry In the box opposite Its name Premium S ® LIBERTY MUTUAL INSURANCE COMPANY Effective Dale Expiration pate ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy or Bond No. LX1-641-004102-075 ❑ LIBERTY INSURANCE CORPORATION Audit Basis -7,� I Issued to �C�+�/�°w ��+,-�.� 1,. %.ft— 11IRI IRRI �RRIY0IMI LOC• 6 • Countorsigned by ............................................................. Aulhorlgd Raprsesmalive Issued Splss Office and No. End.Serial No. 1 MONSOON This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY,GENERAL LIABILITY AND MEDICAL PAYMENTS IN. ® SURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE,COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONALINSURANCE. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) It is agreed that: I. The policy does not apply: A. Under any Liability Coverage,to bodily injury or property damage (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association,Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada,or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability;or (2) resulting from the hazardous properties of nuclear material and with respect to which(a)any person or organization is required to maintain financial protection,pursuant to the Atomic Energy Act of 1954,or any law amendatory thereof,or(b)the insured is,or had this policy not been issued would be,entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America,or any agency thereof,with any person or organization. B. Under any Medical Payments Coverage,or under any Suppfementary Payments provision relating to first aid,to expenses incurred with respect to bodily Injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage,to bodily injury of property damage resulting from the hazardous properties of nuclear material,if (1) the nuclear material(a)is at any nuclear facility owned by,or operated by or on behalf of,an insured or(b)has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fool or waste at any time possessed,handled,used,processed,stored,transported or disposed of by or an behalf of an insured;or (3) the bt dily injury or property damage arises out of the furnishing by an insured of services,materials,parts or equipment in connection with the planning,construcbon./maintenance,operation or use of any nuclear facility,but if such facility is located within the United States of America, its territories or possessions or Canada,this exclusion(3)applies only to property damage to such nuclear facility and any property thereat. 11. As used in this endorsement "hazardous properties"include radioactive,toxic or explosive properties; ® "nuclear material"means source material,special nuclear material or byproduct material; "source material","special nuclear material",and"byproduct material"have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel"means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in a nuclear teaetw; "waste" means any waste material(a)containing by-product motstial other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any are processed primarily for its source material content,and(b)resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility, "nuclear facility"means (a) any nuclear reactor, (b) any equipment or device designed or used for(1)separating the isotopes of uranium or plutonium,(2) processing or utilizing$pant fool,or (3)handling,processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235, (d) any structure,basin,excavation,premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such operations; "nuelaar reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage"includes all forms of radioactive contamination of property. This endorsement Is executed by the company below designated by an entry in the box opposite Its name. Premium S ❑ LIBERTY MUTUAL INSURANCE COMPANY Effective Date Expiration Date ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Polley or Bond Na. � II L,. Audit Basis Issued to fl Ce/t�s• rg4WMr LOC• 6 Countersigned by . , . . Authoritld Repreanmtiw GL 2119 Issued Sales Office and No. End. Serial No. (6.79) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE AMENDATORY ENDORSEMENT Exclusion (h) is amended as follows: (h) to bodily injury or property damages arising out of the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest of activity; This endorsement is executed by the company below designated by an entry in the box opposite its name. Premium S ❑ LIBERTY MUTUAL INSURANCE COMPANY Effective Date Expiration Date ❑ LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy or Bond No. I Audit Basis Issued to Loc. 6 Countasigneq by .., . „ . ,.. ... .. ...... . Authorlmd Ilopratantative Issued Sales Office and No End. Serial No. GL 00 25 (3-81)