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HomeMy WebLinkAboutResolution - 1362 - Contract - Pharr & Pharr - Repairs, KN Clapp Swimming Pool & Buildings - 04_14_1983i JMS/mck QFQnT TTTTnTT RESOLUTION 1362 - 4/14/83 Bid 7311 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City of Lubbock and Pharr and Pharr Enterprises for labor and materials to repair K.N. Clapp Swimming Pool and Buildings, which contract, attached here- with which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of / ril , 1983. / r BI L McAL STER, MAYO ATTEST: Evelyn Gaf ga, City e e ry-Treasurer APPROVED AS TO CONTENT: Lawr nce Banks, Administrative Assistant for Community.Facilities APPROVED AS TO FORM: I"- J n M. Sherwin, Assistant City Attorney a v RESOLUTION 1362 - 4/414/83 Bid 7311 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK . THIS AGREEMENT, made and entered into this 14th day of Ap;11 1983. A.D. &MN by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and thro&,-h Bill McAlister , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Pharr & Pharr Enterprises 907 N. Avenue Q Drive of the City of Lubbock , County of Lubbock and State of Texas , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Provide all labor and materials for repairs to K.N. Clapp Swimming Pool and Buildings as per City of Lubbock Bid No. 7311, Base Bid plus Alternate No. 2. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to -furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and .to substantially complete same within the time specified in the contract documents. The OWNER agrees'to pay the CONTRACTOR in current funds for the perfor- mance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents in the sum of $ 117,917.00 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Texas in the year and day first above written. ATTEST: City Secre ary-Teeas velyn Gaffga APPROVED AS TO'CONTENT: L.7JJs Bob Cass, Assistant City Manager APPROVED AS TO FORM: Q-A a1A JL�� an Sherwin, Assistant City Attorney ATTEST: Secretary CITY OF LUBBO XAS Ma r Bill McAlister CONTRACTOR COMPLETE ADDRESS: PHARR & PHARR ENTERPRISES 907 North Avenue Q Drive LUBBOCK, TEXAS 79403 (806) 744.2330 TO City of Lubbock City Attorney's Office P. 0. Box 2000 DATE April 26 1 8 JOB NO. ATTENTION John`C. Ross City Attorney RE: Insurance Polic WE ARE SENDING YOU LKAttached ❑ Under separate cover via the following items: ❑ Plans ❑ Samples ❑ Specifications ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order COPIES DATE NO. DESCRIPTION 1 Insurance Policy _4/26/83 THESE ARE TRANSMITTED as checked below: ❑ For approval IN For your use [X As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US PHARR & PHARR ENTERPRISES COPY ROWtf 2/47 ® I.e. WhA, NM 01471. SIGNED: It enclosures are not as noted, kindly notify us at once. THE STATE OF TEXAS CGLINTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock personally appeared Twi I a Aufi I 1 r Account Mansgpr- of pers Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. ] being by me duly sworn did depose and say that said newspaper has been publis than fifty-two weeks prior to the first insertion of this Leon' I Nn+i word=$178.80 No. 656456 at Lubbock County. Te ed copy of the Notice is a true copy of the original and Avalanche -.Journal on the following dates: March 20 & 27f 1983, I _nail C� Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation nisli''atl ietior 'And_'mWarta{s artd!,.pa- serform all work for the construr+ ': lion of the loltowlim dexrttied.vzvi' ho led, t'"lei vA is'to * �tlli ",re ,.:. ILH.LLAPP sWiMMING"PQDL% AND BUILDINGS, . abth Street and AvenudU i►Rer'Theexvirationofthetimeand nt- date above first written said sealed Proposals wilt, be opened bv.' the ,ck Manager of Purchasino at his'offics' and publktyMdatoud:k^411',a _ The Piaz uxcifkations, privosit . forms and Contract documents may' be examined at -the office' of the — Manager ofPurehasing,for the City of LubbockiTexas 'and obtained at the onke of Silles L stiles. Archl- te�ts.,, 33o7 ,Avenue, X.;:Lubbock. The above described Droiect will be paid for impart or in whole from ttas General Revenue Sharing Program' and the contractor for,this Prolect• must comply with the Provisions of the Davis•sacon Act' which M wires the payment at federal miniti mum wages. r: CITY OFLUBBOCK" ""'. BY: /$/ Gene Eads,�,._" Manager of Purchasing w Subscribed and sworn to before me this 28th day of March 19 B - S ra, HA ---�.,� 2 91983 GONNIS YfaM NOTAW PUBLIC IN A40 "TIE STATE OF TUAS FORM 58-10 W CCIAI tWON EXPIRES NOV. 10, 1984 CITY SECRETARY No Text The stock insurance company named in the declarations (herein called the Company), in consideration of the payment of the premium, it reliance upon the statements in the dec- larations made a part hereof and subject to all of the terms of this policy, agrees with the Named Insured as follows: DEFINITIONS When used in this policy (including endorsements forming a part hereof); in connection with work for the municipality, �4) sidetrack agreement; or (5) elevator "automobile" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not maintenance agreement; - "Insured" means any person or. organization, qualifying as ad Insured in the "Persons include mobile equipment; Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except With "bodily injury" means bodily injury, sickness or disease sustained by any person which respect to the limits of the Company's liability; occurs during the policy period, including death at any time resulting therefrom; "mobile equipment" means a `land vehicle (Includin any machinery or apparatus attached "completed operations hazard" includes bodily injury and property damage arising out of thereto), whether or not self-propelled, (1) not subject to motor vehicle registration,, or operations or reliance upon a representation or warranty made at any time with respect (2) maintained for use exclusively on premises owned by or tented to the Named Insured, thereto, but only if the bodily injury or property damage occurs after such operations including the ways immediately adjoining, or (3) designed for use principally off public have been completed or abandoned and occurs away from premises owned by or rented roads, or (4) designed or maintained for the sole' purpose of affording mobility to ;equip - to the Named Insured. "Operations" include materials, parts or equipment furnished in ment of the following types forming an integral part of or permanently attached to such connection therewith. Operations shall be deemed completed at the earliest of the fol- vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than lowing times: the mix -in -transit type); graders, scrapers; rollers' and other road construction or repair (1) when all operations to be performed by or on behalf of the Named Insured under equipment; air -compressors, pumps and generators, including spraying, welding and build - ing cleaning equipment; and geophysical exploration and well servicing equipment; the contract have been completed, (2) when all operations to be performed b or on behalf of the Named Insured at the P P Y "Named Insured" means the person or organization named in Item 1. of the declarations of this policy; site of the operations have been completed, or "Named Insured's products" means goods or -products manufactured, sold, -handfed or (3) when the portion of the work out of which the injury or damage arises has been distributed by the Named Insured or by others tradingg under his name, including any put to its intended use by any person or organization other than another contractor container thereof (other than a vehicle), but "Named Insured's products" shall not or subcontractor engaged in performing operations for a principal as a part of the include a vending machine or any property other than such containor;'rented:to or same project. located for use of others but not sold; Operations which may require further service or maintenance work, orcorrection, repair "occurrence" means an accident, including !continuous or repeated exposure to condi- or replacement because of any defect or deficiency, but which are otherwise complete, tions, which results in bodily injury or property damage neither expected nor intended shall be deemed completed. from the standpoint of the Insured; The completed operations hazard does not include bodily injury or property damage "policy territory" means; arising out of: (1) the United States of America, its territories or possessions, or Canada, or (a) operations in connection with the transportation of property, unless the bodily injury (2) international waters or air space, provided the bodily injury or property damage does or property damage arises out of a condition in or on a vehicle created by the load- not occur in the course of travel or transportation to or from any other country, ing or unloading thereof, state or nation, or. (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (3) anywhere in the world with, respoct'to damages because of bodily injury or property (c) operations for which the classification stated in the policy or in the Company's "including damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suitfor such dam - manual specifies completed operations"; manual is brought within such territory; "elevator" means any hoisting or lowering device to connect floors or landings whether or not in service, and all appliances thereof including any car, platform, shaft, "products hazard" includes bodily fnjury'and property damage arising out of the Named Insured's products or reliance upon a re resentation or warranty made at any time with. hoistway, stairway, runway, power equipment and machinery; but does not include an respect thereto, but only if the bodily injury; or, property damage occurs away from prem-. automobile servicing hoist, or a hoist without a platform outside a building if without ises owned by or rented to the Named Insured and after physical possession ofsuch mechanical power or if not attached to building walls, or a hod or material hoist used products has been relinquished to others; in alteration, construction or demolition operations, or an inclined conveyor used exclu- sively for carrying property or a dumbwaiter used exclusively for carrying property and "property damage" means: having a compartment height not exceeding four feet; (1) physical injury to or destruction of tangible property which occurs during the policy "incidental contract" means any written (1) lease of premises, (2) easement agreement, period, including the loss of use thereof at any time resulting therefrom, or except in connection with construction or demolition operations on or adjacent to a rail- (2) loss of use of tangible property which has not been physically injured or destroyed road, (3) undertaking to indemnify a municipality required by municipal ordinance, except provided such loss of use is caused by an occurrence during the policy period., ul` I i TD STATES FIDELITY' Ar ,,a GUARAIeTY COMPANY �alfi�naxe, �Lfaxr��a� OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR DECLARATIONS /� Item 1. NAMED INSURED and Address (No. & Street, City, County, State, Zip Code) Policy Number . 3CC O 3 7 9 6 14 9 5 Renews NEW CITY OF LUBBOCK The Named Insured is: ❑ Individual ❑ Partnership ❑ Corporation LUBBOCK, TEXAS M Other (specify) CITY Business of Named Insured II CITY J Agent or Broker and Address Item 2. Policy Period From APRIL 14, 1983 to APRIL 14, 1984 HIBLER—INCE AGENCY 12:01 A.M. standard time at the address of the Named tosured as stated herein. LUBBOCK, TEXAS 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 liabil- ity 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 $ 500 ,000 each occurrence $ 55. B. Property Damage Liability $ 10 0 , 000 each occurrence $ 100 , 000 aggregate $ 3 5 . Audit Period: Annual, unless otherwise designated below. ❑ Semi-annually ❑ Quarterly ❑ Monthly Total Advance Premium $ go. If the policy period is more than one year and the premium is to be paid in installments, premium installments are payable as follows: Effective Date $ 1st Anniversary $ ; 2nd Anniversary $ Description of Hazards (Subline 315) Code No. Rates Advance Premiums The rating classifications below do not modify Premium Basis Bodily Property Bodily Property the exclusions or other terms of this insurance. 17 Injury Damage Injury Damage Cost Per $100 of Cost CONSTRUCTION OPERATORS — CONTRACTOR (NOT RAILROADS) EXCLUDING OPERATIONS ON BOARD SHIPS #16291 117,917. .047 .019 55. 35.MP Increased Limits Basic Charge (Subline 325) 99901 Endorsement Nos. 1—GLO1-03 Total Advance Premiums $ 55. $ 35. uesignation or contractor: PHARR & PHARR ENTERPRISES, LUBBOCK, TEXAS Mailing Address: Location of Covered Operations: TEXAS ❑ Check here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. (SEE REVERSE SIDE FOR COVE PROVISIONS) Cmualh 39 (11.82) w� (Rev. 1.1.73) I COVERAGE A —BODILY INJURY LIABILITY Q) to loss of use of tangible property which has not been physically injured or destroyed resulting from - COVERAGE B—PROPERTY DAMAGE LIABILITY ; (t1 a delay in or lack of performance by of on behalf of the Named Insured of any The Company will pay on behalf of the Insured all sums which the Insured shall become contractor agreement, or,,-. legally obligated to pay as damages because of (2) the .failure of the Named Insured's products or work performed by or on behalf A. bodily injury or of the Named Insured to meet the level of performance, quality, fitness or Jura- s hility warranted or represented by the Named Insured; B. property damage but, this exclusion does not apply to loss of use of other tangible property resulting to which this -policy applies; caused by- -an-occurrence -and-arising -out of (1) operations performed for the Nained'Insured by the contractor designated in the declarations at the ..__...from the - sudden and accidental physical injury to or destruction of the Named Insured's products or work performed 'by or on behalf of the Harped fesared after location designated therein or (21 acts oromissions af'the" Named Insured an' connection p,, -,such•.prodpcts or work have been put, to:use;by;any..person;or .organization other.; with .his .general .supervision of .such. operatipns,,.and the Company shall have the right than an Insured. and duty' to:.defen.d any. suit against- the "Insured `seeking__damages-_on account, of such W1y5M" or property damage, even if any of the allegations of the suit are groundless, _ 11 PERSONS INSURED false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or Each of the following is an Insured under this policy to the extent set forth below: judgment or to defend any suit after the applicable limit of the Company's liability has .been exhausted by payment, of judgments or settlements. (a) if the Named Insured is designated in the declarations as an individual, the person so designated and his spouse; Exclusions (b) if the Named Insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member Th�s,polrcyydo g not fp(�... ,, �� ,� thereof but only -with respecttohis liabUity-_as._sucb;----_— . _------•--__ -- L L.J ls,.: i_.TIT 3I2 - . ID— (a) to liability assumed by the Insured under any contract or agreement except an inci- lea. (c) if the Named Insured is designated in the declarations as other than an individual, dental contract; but this exclusion does not apply to a warranty that work performed partnership or joint venture, the organization so designated and any executive officer, by`the designated 'contractor will be done in a workmanlike manner; director or stockholder thereof while acting within the scope of his duties as _ (b) to bodily injury o� ptojteiidrrea4� ccurring after , _ uc ; an _ -(1) allt worts on the project (other than service, maintenance or repairs) to be per- (d) any person (other than an employee of the Named Insured) or organization while _ 'formed by or pd behalt'of,the Named Insured at the site of the cover ed'operitions acting as real estate manager for the Named Insured. has been compteted,or— - — — ._.___ _._ __.._ ___ -- _ _.___.. __.___._ (2) that portion of the designated contractor's work out of which the injury or III LIMITS OF LIABILITY damage arises has been put to its intended usgl rah 3e�son or organizations tha I{tegAr� ee�s�Ot the nurnbg, CV), Insureft gnor this policya @),persons or orga$izatiopsL othp� angthQpgntlactor or subcontractor ehg ged m p rforming operations �'�- for�d`j 6 �al'e6= the w o sus am bodily injury or property damage, or (3) claims made or suits brought on of same project; account of bodily injury or property damage, the Company's liability is limited as _ n ,*-� < ,.! ­ Tl 'T' rJ s T TTrr1•.13 q'Fu -or 'AFT, rImaje'ttis1 Odf'artp ac�bfi atrrissi6Tf'Of-W'Named �Chiiii@EAW:j rty; of (s� omptioy a ,Idtb'e .tlfid�eneral f uisTen�ui l� rformed follows: Coverage A —The total liability of the Company for all damages, j including damages _. for the Namgd )rtsured by the designahed, contractor; " for care and "loss of services) because of bodily injury sustained by one or more - - or an carnerr'as his insurer may be held (d) to an obligation' for which the lnsur y Y ' ersons as" the resu(f.of an one occurrence "shall -not ezcefo the IAIt- of-todil in ur P Y y., j Y liability stated m the declarations as applicable to "each;oecurrence." � , liableyuoblgati work'which'the ensaed p tion;' uriempinymerti'compensation or disability benefits, law, or .under any similar law; Lability -of the Company -for alt damages because of ajt property --- _ Coverage'ned_b damasustained or more persons or organize damage tions tale any one (e) to bodily injury to any employee, of he lns.ured;arising"out of and in the course of v _ _one it T " �; occurrence shall not exceed the limit of property 'damagesl liability Y stated- a the his employment by the Insufed :or to'anyobligation, of. the Insured .to indemnrf, i because damages i _ declarations.-as,applicab(e to ".each occurrence". another ansmg out of such. u .hut -this r cluston' does n 'a nJ ry: apply toaiability assumed bk,the Insured under. an.ivadental contract, -- Subject to the above provision respecting a "each- occurrence", the-toal-liability of -the -- Company for all damages because of all propertydamige•to whichah' Werage applies property ge to (f) toama shall not exceed the limit of property damage liability stated in the declarations as (j) property owne8 or occupied by or rented to the Insured] U -. ;"aggregate".- If more t e project. is designated In the-deelarqi s,-such-aggre-- II����,,qqQQ gate limit shalt apply sdpalartely with. respect`to each project. (2)'pro ert used. the Insured, ?C t7 P _y Y _ - " Coverages A and B—for the purpose of determining the - limit of tke_Qj ny's liability, (3) property in the care, custody or control of the Insured or as to which the Insured I =all ,bodily, injury and property damage arising out of continuous or repeated; exposure, to ., -- is for any -purpose exersising physical control, or-- . - -- s'Gbstantiatly the same general conditions shall be considered as arising out, of''one (4) work performed for the Insured by, , the designated cantracto,r; ecC rren p Ce (g) to bodily injury or property damage due to war, whether or not declared, civil war, IV ADDITIONAL DEFINITIONS insurrection, rebellion or revolution•or to any "act'6r.ronditiowincident to arty,of.the r - _ r,7 when used in reference thrs`i iirence (rrthibdmg=Mdorsements forming a part of foregor respqct;tb (1 f�i� lidy assumed a red der a ctdental s13t�rt �n coutracR, or •T7) expifns'bs for fi the �5up tar Payments tdAbon the policy): lT__��>S I:.l:'_ `G�.t`.C.'a s a'id under em of the policy;- ' ; "cost" means the total cost to the Named Insured with respect to operations per- (h) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any formed for the Name d.Insured; :durin _the policy period by independent contractors of all work let or sub let `jjt.�oU- tiorcfwith each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution prearranged or organized racing, speed or demolition contest or in any stunting of such work, whether furnished.by the owner, contractor or subcontractor, including activity or -in practice,or preparation for any such contest or activity or (2) the operatlodauuse)6ic'ny sncuamob�ho� trailer designed for use therewith; all fees, allowances, bgnuse§ be commissions�? ,,rpid or due; "work" (i) to 60 ' tin o re erg �eme ��ansm out of the discharge, dispersal, release or Y ju; M P Y g g g p includes materials' arts'and a ur merituY'dighed m connection therewith .: •� - i r� � •-" � •- � > �;• i escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, . . V POLICY TERRITORY r,,, the atmosphere or any watercourse or body of water; but this exclusion does not' This policy applies, -Only to bedijjr`injury or property damage which occurs within the . apply if such discharge, dispersal, release or escape is sudden and accidental; policy territory. Casualty 39 (11.82) - __ '— GLO103 f (Ed. 05 73) s a " This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information Is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. 1 Named Insured Countersigned by (Authorized Representative) GENERAL LIABILITY AMENDATORY ENDORSEMENT —NOTICE (Texas) As respects bodily injury liability coverage and property damage liability coverage, unless the company is prejudiced by the insured's failure to comply with the requirement, any provision of this policy requiring the insured to give notice of action, occurrence or loss, or requiring the insured to forward demands, notices, summons or other legal process, shall not bar liability under this policy. GL O1 03 05 73 UNITED STATES FIDELITY AND GUARANTY COMPANY • ' FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. BALTIMORE, MARYLAND DESCRIPTION OF TERMS USED AS PREMIUM BASES COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE When used as a premium basis: 1. Comprehensive General; Owners', Landlords' and Tenants'; SMP Liability Insurance —"admissions" means the total number of persons, other than employees of the Named Insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. Comprehensive General; Manufacturers' and Contractors'; Owners', Landlords' and Tenants', SMP Liability Insurance —"cost" mean the total cost to the Named Insured with respect to operations performed for the Named Insured during the policy period by independent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. Comprehensive General; Manufacturers' and Contractors'; Owners', Landlords' and Tenants'; SMP Liability Insurance—"recelpts" means the gross amount of money charged by the Named Insured for such operations by the Named Insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the Named Insured collects as a separate item and remits directly to a governmental division; 4. Comprehensive General; Manufacturers' and Contractors'; Owners, Landlords' and Tenants'; SMP Liability Insurance which includes coverage for structural alterations, new construction and demolition operations —"remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the Named Insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the Company; 5. Comprehensive General; SMP Liability Insurance —"sales" means the gross amount of money charged by the Named Insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the Named Insured and such others collect as a separate item and remit directly to a governmental division; Casualty 95 (1-79) -: (Attach Declarations, Coverage Parts and Endorsements here.) SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liability: (a) all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judg- ment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the Insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the Company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the Insured for first aid to others at the time of an accident, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the Insured at the Company's request in assisting the Company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. CONDITIONS 1. Premium All premiums for this policy shall be computed in accordance with the Company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the Named Insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the Company shall return to the Named Insured the unearned portion paid by the Named Insured. The Named Insured shall maintain records of such information as is necessary for pre- mium computation, and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct, 2. Inspection and Audit The Company shall be permitted but not obligated to inspect the Named Insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the Named Insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Named Insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject master of this insurance. 3. Financial Responsibility laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent .of the coverage and limits of liability required by such law, The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph, 4. Insured's Duties in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the Insured, the Insured shall immedi- ately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The Insured shall cooperate with the Company and, upon the Company's request, assist in making etttements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at his own cost, voluntarily make any payment, assume any obliga- tion or incur any expense other than for first aid to others at the time of accident. 5. Action Against Company No action shall lie against the Company unless, as a con- dition precedent thereto, there shall have been full com- pliance with all of the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the Insured to determine the Insured's liability, nor shall the Company be impleaded by the Insured or his legal representative. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder. 6. Other Insurance The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of y liability under an one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for con- tribution by equal shares, the Company 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 collectible insurance against such loss. T. Subrogation In the event of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. 6. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy signed by an authorized representative of the Company. 9. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; if, however, the Named Insured shall die, such insurance as is afforded by this policy shall apply (1) to the Named Insured'I legal representative, as the Named Insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the Named Insured, to the person having roper temporary custody thereof, as Insured, but only until the appointment and qualification of the legal representative. 10. Three Year Policy If this policy is issued for a period of three years, any limit of the Company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancelation This policy may be canceled by the Named Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancelation shall be effective. This policy may be canceled by the Company by mailing to the Named Insured at the address shown in this policy, written notice stating when not less than ten days there- after such cancelation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing. If the Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time can- celation is effected or as soon as practicable after cancelation becomes effective, but payment or tender of unearned premium is not a condition of cancelation. 12. Declarations By acceptance of this policy, the Named Insured agrees that the statements in the declarations are his agreements and representa- tions, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the Company or any of its agents relating to this insurance. NUCLEAR ENERGY LIABILITY EXCLUSION (Applieabl* to aH coverages except Comprehensive Personal, Farmer's Comprehensive Personal, and Family Automobile) It is agreed that: I. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this 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 Supplementary Pay- ments 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 or 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 fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, 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. II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by- product 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 reactor; "waste" means any waste material (a) containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore 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 defi- nition 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 spent fuel, 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 ma- terial 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; "nuclear 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, Ile Witness Whereof, the Company has caused this policy to be signed by its President and its Secretary at Baltimore, Maryland, and countersigned by a duly authorized representative. UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. FIDELITY AND GUARANTY INSURANCE COMPANY Secretary President CaudQ 1 (1-821 (AG-*011 (Rar. 1.1.73) k•� r