HomeMy WebLinkAboutResolution - 1657 - Contract - KGM Inc - Seating & Concrete Cleanup, Coliseum - 04_12_1984\Pl
RESOLUTION 1657 - 4/12/84
Bid 7871
MG:da
RESOLUTION
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 Knox, Gailey and Meador, Inc., attached
herewith 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 12th day of
ATTEST:
i
elyn G fga, ity S6c -Treasurer
APPROVED AS TO CONTENT:
r
J.km wesLon, uirecLor or uommuniLy
Facilities
APPROVED AS TO FORM:
Mi a lisar, As 'stant City ttorney
'kE$OLUTION 1b57 - 4/12/84
Bid .7871
QQ�
CONTRACT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of
April , A.D. 19 84 , by and between the City of
Lubbock, County of LuFffock, State of Texas, acting by and through
Alan Henry , Mayor, thereunto authorized to do so, herein-
after referred to as OWNER, and
Knox, Gailey and Meador, Inc.
P.O. Box 5736
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 CONTRACTOR hereby agrees with
OWNER to commence and complete the construction of certain
improvements described as follows:
All labor and materials for 1984 fixed seating and cleaning
and sealing of concrete floors and steel risers, Lubbock
Municipal Coliseum, as per City of Lubbock Bid No. 7871 for
the sum of $172,800.
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 con-
struction 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 performance of the contract in accordance with the proposal
submitted therefor, subject to additions and deductions, as
provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
executed this agreement in Lubbock, Texas in the year
and day first above written.
CITY OF/VLWBOCK. /TEXAS
ayo
A TEST:
t_
C'i
...Ctic
ty Secwfetary-Treaidufle
APPROVED AS, TO'; CONTENT:
Jim ^Weston, Director of
Community Facilities
APPROVED AS TO FORM•
1��z�
Michdl,o Glisar, Assistant City
Attorney
CONTRACTOR
BY:
TITLE:
ATTEST:
Secretary
COMPLETE ADDRESS
RESOLUTION 1657 - 4/12/84
B i d ,7.871
CONTRACT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
.THIS AGREEMENT, made and entered into this 12th day of
April , A.D. 19 84 , by and between the City of
Lubbock, County of LuBFock, State of Texas, acting by and through
Alan Henry , Mayor, thereunto authorized to do so, herein-
after referre to as OWNER, and
Knox, Gailey and Meador, Inc.
P.O. Box 5736
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 CONTRACTOR hereby agrees with
OWNER to commence and complete the construction of certain
improvements described as follows:
All labor and materials for 1984 fixed seating and cleaning
and sealing of concrete floors and steel risers, Lubbock
Municipal Coliseum, as per City of Lubbock Bid No. 7871 for
the sum of $172,800.
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 con-
struction 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 performance of the contract in accordance with the proposal
submitted therefor, subject to additions and deductions, as
provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
executed this agreement in Lubbock, Texas in the year
and day first above written.
A TEST:
ty Se etar -Tre u ee
PP-R VED AS T CONT NT:
4 �4 Weston, Director of
ommunity Facilities
APPROVED S TO FORM•
Mich 1 G isar, ssistant City
Attorney
CITY OF BOCK, TEXAS
Mayor
CON
BY:
TIT
ATTE
: g 10-"-
-secreterly
COMPLETEADDRESS
M-MI i_
JOE D. McKAY, A.I.A.
ARCHITECT
April 24, 1984
Mr. Jim Weston, Director
Community Facilities
P.O. Box 2000
Lubbock, Texas 79408
Re: Coliseum Cleaning & Seating
Dear Jim,
I am returning for your review and approval a signed copy of the
Contract along with the required Performance & Payment Bonds and
Insurance Policy and Certificates. If all is in order, I will
issue the Contractor a notice to proceed and we can schedule
a pre -construction conference.
Please let me know if you have any further questions.
Since ,
JoX D. McKay, A.I.A.
Enclosures
4808 LOUISVILLE + LUBBOCK, TEXAS 79413 + 806/795-7146
PERFORMANCE BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.T.S. 5160).-.
THE STATE OF Texas
COUNTY OF Lubbock
K2:-5W ALL MEN BY THESE PRESENT: that we (1) Knox, Gailey Meador, Ihc.
a (2) Corporation Of Texas
hereinafter called Principal and (3) United States Fidelity & Guaranty Company
of Baltimore , State of Maryland , hereinafter
called the Surety, are held and firmly bound into (4) City of Lubbock
of Lubbock. Texas , hereinafter
called Owner, in the penal sum of ----One Hundred Seventy-two Thousand; Fight
Hundred and no/100------------------ ($ 172,800.00 ) Dollars in
lawful money of the United States,to be paid in (5) Lubbock County Texas
for the payment of which sum well and truly to.be made, we bind ourselves, our
heirs, executors, -administrators and successors, jointly and severally,`f rmly,.
by these presents.'
THE CONDITION OF THIS„ OBLIGATION is such that Whereas, the.
entered into h certain contract with (6) City of Lubbock ;
the Owner, dated the 12th day'Of April , A.D. 1984 ,ra
copy of which is hereto attached and made a part hereof for the constiet-tion
of
1984 Fixed Seating and Cleaning and Sealing of Concrete Fleers,
Lubbock Municipal Coliseum
(herein called the "work").
These footnotes refer to the numbers in body of contract above:
Date -of Bond must not be prior to date of Contract
(1) Correct name of Contractor
(2) A Corporation, a Partnership or an Individual, as case may be
(3), Correct name of Surety
(4) Correct name of Owner
(5) County and State
(6) Owner
(Texas Performance Bond) - 2
0
NOW THEREFORE, if the Principal shall well,,truly and faithfully perform
the work in accordance with the plans, specifications and contract documents
during the.original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall
satisfy all claims Lnd demands incurred under such contract, and shall fully
idemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full farce and
effect. ,
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
r:.:11 lie Lubbock County, State of Texas, and that
chi ..e, extension of time, alteration or addition to the terms of the contract
or to the work to be performed thereunder or the specifications accompanying
the same shall in any wise affect its obligation on th,-s bond, and it does
hereby waive notice of any such change, extension of time, slteration�or-
addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one. of which shall be deemed an original, this the 12th day of AprilA.D.
1984
Knox, Gaiiey and Meador, Inc.
%j P-rincipal
ATTEST:
(Principal) Sec
(SEAL)
BY
P. 0. Box 5736, Lubbock, Texas 79417
. (Address)
Witness as to Principal
(Address)
ATTEST:
United States Fidelity Guaranty Company
Surety
(Surety) Secretary �.
BY.l�
At orney-in-fact Zhn V. Shropshire
(SEAL)
P. 0. Box 10428, Lubbock, Texas 79408
Witness as to Surety (Address)
(Address)
NOTE: If Contractor is Partnership, all partners should execute bond.
PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
r (To be used in Texas under V.A.T.S. 5160)
THE STATE OF Texas
COUNTY OF Lubbock
KNOT: ALL MEN BY THESE PRESENT: That we (1) Knox, Gailey and Meador, Inc..
(2)a Corporation of Lubbock, Texas
hereinafter called Principal and (3) United States Fidelity S Guaranty Company
of Baltimore
State of Maryland hereinafter
called the Surety, are held and firmly bound unto (4) City of Lubbock
, of Lubbock, Texas , hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of ---One Hundred Seventy-two Thousand, Eight Hundred and h No/100----
($ 172,800.00 ) dollars in lawful money of the United States, to be
paid in (5) u oc County Texas , for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, execu-
tors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) City of Lubbock
The Owner, dated the 11th day of April , A.D. 19 64 , a copy
of which is hereto attached and made a part hereof for the construction of:
1984 Fixed Seating and Cleaning and Sealing of Concrete Floors,
-'Lubbock'Municipal Coliseum
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in Article
5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts
56th Legislature, Regular Session, 1959, effective April 27, 1959, and as
further amended by Acts 1969, 61st Legislature, p, 1390, ch. 422,- Sect. 1,
effective June 2, 1969, supplying labor and materials in the prosecution of
the work provided for in said contract, then this obligation shall be null and
void, otherwise it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work provided
for in said contract, and all such claimants shall have a direct right of
action under the bond as provided in Article 5160, Revised Civil Statutes
1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session,
1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422,
Sect. 1, effective June 2, 1969.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie Lubbock County, State of Texas, and that the said
surety, for value received hereby stipulates and agrees that no change, exten-
sion of time, alteration or addition to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner' and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one of which shall be deemed an original, this the 12th day of April
A.D. 19 84
ATTEST:
(Pr ncipal)'Secretary
(SEAL)
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
Witness as to Surety
(Address)
Knox, Gailey and Meador, Inc.
Lubbock, Texas 79417
(Address)
United States Fidelity & Guaranty Company
Surety
B w w
I? Box 10498 Y 1 uhhnck . Texas 79408
(Address)
NOTE: If Contractor is Partnership,
all partner should execute
bond.
These footnotes refer to the numbers in body of contract above:
Date of Bond must not be prior to date of contract
(1) Correct name of Contractor (4) Correct Name of Owner
(2) A Corporation, a Partnership or an (5) County and State
Individual, as case may be (b) Owner
(3) Correct Name of Surety
11
CERTIFIED COPY
No. ....... ....?.z 74........................
Know all Men by these Presentss
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
John V. Shropshire
of the City of Lubbock , State of Texas
its tree and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, _its Board of Directors, hereby ratifies and confirms all and whatsoever the said
John V. Shropshire
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
waled with its corporate aeal,'duly attested by the signatures of its Vice -President and Assistant Secretary, this 25t�, day of
August , A. D. 19 59
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed)
.Yice•President.
{SEAL) Kenneth S. Teeple
(Signed)_..._._................._._........__.._.._....__..._...____
Anistaru Secretary.
STATE OF MARYLAND,
BALTIMORE CITY.
On this 25th day of august , A. D. 19 59 , before me personally came
L . M. Smith , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and K e n ri e t h S . Teeple , Assistant Secretary of said Company, with both of
whom I am' personally acquainted, who being by me severally duly sworn. said that they resided in the City of Baltimore, Maryland;
that they, the said L . M . S in i t h and Kenneth S . Teeple were respectively
the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion,`and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the. Company.
My commission expires the first Monday in May, A. D. 1961.
(SEAL) (Signed) _ Anne M. O'Brien
Notary Public.
STATE OF MARYLAND. Sec
BALTIMORE CITY.
I. iJames F. Carney , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal. do hereby certify that Anne M. O'Brien . Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I farther certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the tame being a Conn
of Record, this 25<* day of August . A. D. 1939
(SEAL) (Signed) James F. Carney
Clerk of as Superior Court of Baltimore City.
D9 3 (T X
COPY OF RESOLUTION
That Whereat, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con.
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
1, Theodore G. Parks an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
John V. Shropshire
of Lubbock, Texas , authorizing and empowering him to sign bonds as therein set
forth; which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and' held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereo/, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on April 12 1984
( $ate )
-0Y
.................................... ........................
Assistant Secretary.
I
PERFORMANCE BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.T.S. 5160).
THE STATE OF Texas
COUNTY OF Lubbock
K2:•5W ALL MEN BY THESE PRESENT: that we
(1) Knox, Gailey r; Meador, Inc.
8 (2) Corporation of Texas
hereinafter called Principal and (3) United States Fidelity Guaranty Company--
of Baltimore State of Maryland , hereinafter:
called the Surety, are held and firmly bound into (4) City of Lubbock
of Lubbock- Texas , hereinafter
called Owner, in the penal sum of ----One Hundred Seventy-two Thousand Fight _
Hundred and no/100------ ------ ($ 1722800.00 ) Dollars in
lawful money of the United States, to be paid in (5) Lubbock County Texas
for the payment of which sum well and truly to.be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly.......,
by these presents. �•� ; ,.
THE CONDITION OF.,jH1S.OBLIGATION is such that Whereas, the Princip4l,
entered into k certain contract with (6) City of Lubbock
The Owner, dated the 12th day of . April , A.D. 1984 , A,
copy
copy of which is hereto attached and made a part hereof for the constructs;^�'
of:
1984 Fixed Seating and Cleaning and SPatinnnf Ccm Grata Fisers
Lubbock Municipal Coliseum
(herein called the "work").
These,.footnotes refer to the numbers in body of contract above:
Date of Bond must not be priox:�to.date of Contract
(1) Correct name of Contractor
(2) A Corporation, a Partnership or an Individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
(5) County and State
(6) Owner
(Texas Performance Bond) - 2
NOW THEREFORE, if the Principal shall well, truly and faithfully perform
the work in accordance with the plans, specifications and contract documents
during the.original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall
satisfy all claims i:nd demands incurred under such contract, and shall fully
idemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
E'-J1 lie' Lubbock County, State of Texas, and that
cta ..e, extensior of time, alteration or addition to the terns of the contract
or to the work to be performed thereunder or the specifications accompanying
the sane shall in any wise affect its obligation on th'-s bond, and it does
hereby waivq notice of any such change, extension of time, alteration or
addition to'the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one of which shall be deemed an original, this the 12th day of Aprii A.D.
1.984
(SEAT,)
Witness as to Principal
Knox ,_Gailey and Meador, Inc,
PxinciDal
BY
P. 0. Box 5736, Lubbock, Texas 79417
(Address)
(Address)
ATTEST:
United States Fidelity 6 Guaranty Company
Surety
(Surety) Secretary D
BY i'
A orney-in-fact J n.V. Shropshire
(SEAL)
P. 0. Box 10428, Lubbock, Texas 79408
Witness as to Surety (Address)
(Address)
NOTE: If Contractor is Partnership, al` artners should execute bond.
PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
" (To.be used in Texas under V.A.T.S. 5160)
THE STATE OF Texas
COUNTY OF Lubbock
KNOT: ALL MEN BY THESE PRESENT: That we (1) Knox, Gailey and Meador, Inc.
, (2)a Corporation of Lubbock, Texas
hereinafter called Principal and (3) United States Fidelity b Guaranty Company
of Baltimore State of Maryland hereinafter.
called the Surety, are held and firmly bound unto (4)
City of Lubbock
, of Lubbock, Texas , hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of ---One Hundred Seventy-two Thousand, Eight Hundred and b No/100----
($ 171,800.00 ) dollars in lawful money of the United States, to be
paid in (5) Lubbock County Texas , for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, execu-
tors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is, such that Whereas, the. Principal
entered into a certain contract with (6) City of Lubbock
The Owner, dated the 12th day of April , A.D. 19 84 , a copy
of which is hereto attached and made a part hereof for the construction of:
1984 Fixed Seating and Cleaning and Sealing of Concrete Floors,
Lubbock Municipal Coliseum `
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in Article
5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts
56th Legislature, Regular Session, 1959, effective April 27., 1959, and as
further amended by Acts -1969, '61st Legislature, p. 1390, ch. 422, Sect. 1,
effective June 2, 1969, supplying labor and materials in the prosecution of
the work provided for in said contract, then this obligation shall be null and
void, otherwise it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work provided
for in said contract, and all such claimants shall have a direct right of
action under the bond as provided in Article 5160, Revised Civil Statutes
1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session,
1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422,
Sect. 1, effective June 2, 1969.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie Lubbock County, State of Texas, and that the said
surety, for value received hereby stipulates and agrees that no change, exten-
sion of time, alteration or addition to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner' and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one of which stall be deemed an original, this the 12th day of April
A.D. 19 84
ATTEST:
(Principal) Secretary
(SEAL)
Witness as to Principal
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
Witness as to Surety
Knox, Gailey and Meador, Inc.
Principal
By
P. 0. Box 5736
Lubbock, Texas 79417
(Address)
United States Fidelity & Guaranty Company
Surety
BY:
P 0 R,nx 10479,_I iihhor.k, TeXaS 29-4 8
(Address)
NOTE: If Contractor is Partnership,
all partner should execute
bond.
(Address)
These footnotes refer to the numbers in body of contract above:
Date of Bond must not be prior to date of contract
(1) Correct name of Contractor (4) Correct Name of Owner
(2) A Corporation, a Partnership or an (5) County and State
Individual, as case may be, (6) Owner
(3) Correct Name of Surety '
r
rs
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No. ........... 7.9:4.79........................
Know aU Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
John V. Shropshire
of the City of Lubbock State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit: ;
To sign its name as surety to, and to, execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution''„of ' the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is herete' annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY,!*ough us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
John V. Shropshire
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 25« day of
August . A. D. 19 39
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed)
(SEAL) -
(Signed)
STATE OF MARYLAND,
BALTIMORE CITY, ss:
Yiee-President.
Kenneth S. Teeple
Assistoru Secretary.
On this 25th day of august , A. D. 19 59 , before me personally came
L . M . Smith , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Kenneth S . Teeple , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said L . M . Smith and Kenneth S . Teeple were respectively
the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so feed by order of the Board of Directors of said corpora•
lion, and that 'they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My cotamissioa expires the first Monday in May, A. D. 1961.
(SEAL) (Signed) ^Anne M. O'Brien
Notary Public.
STATE OF MARYLAND,
BALTIMORE CITY,
L'. James F. Carney , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Anne M . O'Brien , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I farther certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 25th day of August , A. D. 1959
(SEAL) (Signed) James F. Carney
Clerk of the Superior Corot of Baltimore City.
rs 3 O Z
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice -
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
.Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
I, Theodore G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
John V. Shropshire
of Lubbock, Texas , authorizing and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANYon April 12, 1984
(Date)
.......... JIVIGO
Assistant Secretary.
No"
CXOfd.
o�
NAME AND ADDRESS OF AGENCY
The Hille Agency
P. 0. Box 10428
Lubbock, Texas 79408
COMPANY
United States Fidelity and Guaranty Co.
Effective WHEN NWTICE TO PROCEED 19
Expires ❑ 12:01 am ❑ Noon ' 19
❑ This binder is issued to extend coverage in the above named
company per expiring policy #
NAME AND MAILING ADDRESS OF INSURED
Description Of Operation/Vehicles/Property
Knox, Gailey & Meador, Inc. & their
Subcontractors, Contractor &/or City of
Lubbock
P. 0. Box 5736, Lubbock, Texas 79417
Type and Location of Property
Coverage/Perils/Forms
Amt of Insurance
Ded.
Clem
P
1984 Fixed Seating 6 Cleaning & Sealing
All Risk Builders Risk
$1729800.
$250
R
Lubbock Municipal Coliseum
P
E
R
T
Y
Type of Insurance
Coverage/Forms
Limits
of Liabili
Each occurrence
Aggregate
L
1
❑ Scheduled Form ❑ Comprehensive Form
Bodily Injury
$
$
A
B
❑ Premises/Operations
Property
❑ Products/Completed Operations
Damage
$
$
Bodily Injury &
L
❑ Contractual
❑ Other (specify below)
Property Damage
❑ Med. Pay. $ Per $ Per
Personal Injury Is
Y
person AAccidentCombined
❑ Personal Injury
❑ A ❑ B ❑ C
A
Limits of Liability
Bodily Injury (Each Person) $
V
❑ Liability ❑ Non -owned ❑ Hired
T
❑ Comprehensive -Deductible $
Bodily Injury (Each Accident) $
0
❑ Collision -Deductible $
Property Damage $
M
0
❑ Medical Payments $
8
❑ Uninsured Motorist $
1
❑ No Fault (specify):
Bodily Injury & Property Damage
L
❑ Other (specify):
Combined $
E
❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $
SPECIAL CONDITIONS/OTHER COVERAGES
NAME AND ADDRESS OF ❑ MORTGAGEE 0 LOSS PAYEE O ADD'L INSURED
LOAN NUMBER
-23-84
Synature of Authorized Repres tative Date
ACORD 75 (11-77)
No Text
11i
NAME AND ADDRESS OF AGENCY
The Hille Agency
COMPANIES AFFORDING COVERAGES
COMPANY A
P . 0. BOX 10428
Lubbock, Texas 79408
LETTER United States Fidelity & Guaranty
806-763-7311
COMPANY R i
LETTER
BFidelity & Guaranty Insurance Underwrit i
'. NAME AND ADDRESS OF INSURED
Knox, Gai ley and Meador, Inc.
COMPANY C
LETTER
P. 'O. Box 5736
COMPANY
Lubbock, Texas 79417
LETTER D
806-763-0418
COMPANY
LETTER
This is*to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
Limits of Liability in Thousands
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH
AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY
b 300
a 300
^R A
® COMPREHENSIVE FORM
TMP030924465
4-2o-85
-
® PREMISES -OPERATIONS
PROPERTY DAMAGE
$ 100
$ 100
®EXPLOSION AND COLLAPSE
HAZARD
.UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
CONTRACTUAL INSURANCE
BODILY INJURY AND
PROPERTY DAMAGE
E
t
$
BROAD FORM PROPERTY
COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY
i
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
(EACH PERSON)
$ �50
B
®
COMPREHENSIVE FORM
OTC36550723
4-20-85
BODILY INJURY
$ 50O
OWNED
(EACH ACCIDENT)
/(J HIRED
PROPERTY DAMAGE
$
BODILY INJURY AND
U(�
NON -OWNED
PROPERTY DAMAGE
$
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
A
91 UMBRELLA FORM
CEP30190765
4-20-85
PROPERTY DAMAGE
$ 1 ,000
$ 1 ,000
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
B
and
18-00535-83-1
4-20-85
100
EMPLOYERS' LIABILITY
$
(EACH ACCIDENT)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
Re: 1984 Fixed Seating and Cleaning and Sealing of Concrete Floors, Lubbock Municipal Coliseum
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Lubbock
Lubbock, Texas
DATE ISSUED: April 20, 1984
1ACORD 25 (Ed. 1
AUTHORIZED
i U
SF,,,
INSURANCE
1 10 oir
IE 40
I �ljw-w4 1, ;-;1 11 i iA:
-v:a
P M.1L. 41- 1 1 1 11
44�
L_ Ao6. �k AL 4w IWO
MIA( -1E.-I'M
The stock insurance company named in the declarations (hereie called the Company), in consideration of the payment of the premium, In 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:
DEFINIT
When used in this policy (including endorsements forming a part hereof):
"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
include mobile equipment;
"bodily injury" means bodily injury, sickness or disease sustained by any person which
occurs during the policy period, including death at any time resulting therefrom;
"completed operations hazard" includes bodily injury and property damage arising out of
operations or reliance upon a representation or warranty made at any time with respect
thereto, but only if the bodily injury or property damage occurs after such operations
have been completed or abandoned and occurs away from premises owned by or rented
to the Named Insured. "Operations" include materials, parts or equipment furnished in
connection therewith. Operations shall be deemed completed at the earliest of the fol-
lowing times:
(1) when all operations to be performed by or on behalf of the Named Insured under
the contract have been completed,
(2) when all operations to be performed by or on behalf of the Named Insured at the
site of the operations have been completed, or
(3) when the portion of the work out of which the injury or damage arises has been
put to its intended use by any person or organization other than another contractor
or subcontractor engaged in performing operations for a principal as a part of the
same project.
Operations which may require further service or maintenance work, or correction, repair
or replacement because of any defect or deficiency, but which are otherwise complete,
shall be deemed completed.
The completed operations hazard does not include bodily injury or property damage
arising out of:
(a) operations in connection with the transportation of property, unless the bodily injury
or property damage arises out of a condition in or on a vehicle created by the load-
ing or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or unused materials, or
(c) operations for which the classification stated in the policy or in the Company's
manual specifies "including completed operations";
"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,
hoistway, stairway, runway, power equipment and machinery; but does not include an
automobile servicing hoist, or a hoist without a platform outside a building if without
mechanical power or if not attached to building walls, or a hod or material hoist used
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
having a compartment height not exceeding four feet;
"incidental contract" means any written (1) lease of premises, (2) easement agreement,
except in connection with construction or demolition operations on or adjacent to a rail-
road, (3) undertaking to indemnify a municipality required by municipal ordinance, except
IONS
in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator
maintenance agreement;
"Insured" means any
person or organization; qualifying as an Insured in the "Persons
Insured" provision of the applicable insurance coverage. The insurance afforded applie
separately to each Insured against whom claim` is made or suit is brought, except with
respect to the limits of the Company's liability;
"mobile equipment" means a land vehicle(including any machinery or apparatus attached
thereto), whether or not self-propelled ;(1), not; subject to motor vehicle registration,g or
(2) maintained for use exclusively; on premises owned by or rented to the Named Insured,
including the ways immediately adjoining; :or (3) designed for use principally off public
roads, or (4) designed or maintained for the sole purpose of affording mobility to equip-
ment of the following types forming an; integral part of or permanently attached to such
vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than
the mix -in -transit type);' graders,; scrappers, rollers and other road construction or repair
equipment; air -compressors, pumps and generators, including spraying, welding and build-
ing cleaning equipment; and geophysical exploration and well servicing equipment;
"Named Insured" means the person or organization named in Item 1. of the declarations
of this policy;
"Named Insured's products" means goods or products manufactured, sold, handled or
distributed by the Named Insured or by others trading under his name, including any
container thereof (other than a vehicle), but "Named Insured's products" shall not
include a vending machine or any property other than such container, rented to or
located for use of others but not sold;
"occurrence" means an accident, including continuous or repeated exposure to' condi-
tions, which results in bodily injury or property damage neither expected nor intended
from the standpoint of the Insured;
"policy territory" means:
(1) the United States of America, its territories or possessions, or Canada, or
(2) international waters or air space, provided the bodily injury or property damage does
not occur in the course of travel; or transportation to or from any other country,
state or nation, or
(3) anywhere in the world with respect to damages because of bodily injury or property
damage arising out of a product which was sold for use or consumption within the
territory described in paragraph (1) above, provided the original suit for such dam
ages is brought within such territory;
"products hazard" includes bodily injury and property damage arising out of the Named
Insured's products or reliance upon a representation or warranty made at any time with
respect thereto, but only if the bodily injury or property damage occurs away from prem-
ises owned by or rented to the Named Insured and after physical possession of such
products has been relinquished to othersi
"property damage" means:
(1) physical injury to or destruction of tangible property which occurs during the policy
period, including the loss of use thereof at any time resulting therefrom, or
(2) loss of use of tangible property which has not been physically injured or destrored
provided such loss of use is caused by an occurrence during the policy period.
r
UNITED STATES FIDELITY AN//D GUARANTY COMPANY �-
�a`(iuwxe, �Tfa���itnct'
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 0 3 7 9 616 71
Renews New
City of Lubbock The Named Insured is:
Lubbock, Texas [X Other (specify)
Business of Named Insured
❑ Individual ❑ Partnership ❑ Corporation
City
1 J Agent or Broker and Address
Item 2. Policy Period The H i 1 1 e Agency
From 4-12-84 to 4-12-85 P. 0. Box 10428
12:01 A.M. standard time at the address of the Named Insured as stated herein. Lubbock, Texas 79408
Item 3. Toe 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 $ 89.00
B. Property' Damage Liability $ 300 , 000 each occurrence $ 300 , 000 aggregate $ 45. 00
Audit Period: Annual, unless otherwise designated below.
❑ Semi-annually ❑ Quarterly ❑ Monthly Total Advance Premium $ T 34.00
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 $
Oescription'isf Hazards (Subline 315) Code No.
Rates
Advance
Premiums
Bodily
Property
Bodily
Property
The rating classifications below do not modify
Premium Basis
the exclusions or other terms of this insurance.
Injury
Damage
Injury
Damage
Cost
Per $100
of Cost
Construction Operations -Owner 16292
$172,800.00
.047
.023
81.00
41.00 mi
Increased Limits Basic Charge (Subline 325) . 99901
Endorsement Nos. G107-Add i t Iona 1 Insured
8.00
4.00
G 525 Total Advance Premiums
$ $ 9 _ 00
$ 45.00
uesignauon or conrracior:
Knox, Gailey and Meador, Inc.
Mailing Address:
P. O Box 5736, Lubbock, Texas 79417
Location of Covered Operations: .
Lubbock, Texas
[.Check hire 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.
4-20-84 ms
(SEE REVERSE SIDE FOR COVERAGE PROVISIONS)
E ILLE AG C
Countersigned by
Authorized Representative
7,
Casualty 39 (11492) (Rev. 1-0.73)
1 COVERAGE A —BODILY INJURY LIABILITY
(j) to loss of use of tangible property which has not been physically injured or destroyed
COVERAGE B—PROPERTY DAMAGE LIABILITY
�-
(1) resulting
~ - y -'---
or. lack of eri ormance b or on behalf of the Named Insured of any
P
The Company, will pay on behalf of the Insured all sums which the Insured shall become
`y
contract or agreement, c
j'
legally obligated to pay as damages because of
I
(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-
` ' . L OE -: ;
hili.ty!^Narrante'd 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 p0cy applies, caused by an occurrence and arising -out- of. (1). operations..
erformed'foTtlie Named Insured by the 'contractor designated in the declarations at the
from -_the„ sudden and accidental -_ph sical injury to or destruction of the Named
Insured's products or work performe by or on behalf of the Nained Insured after
location designated therein'or' 0)" acts or emission's of the'Ramed Insured irk unnectioh ,._• ' such,. -products : or wotik,havg:.been-_-put•to Hse•,by,any person :Or,Euorganization, other_
"
with his general supervision of. such .opgra.tipps,.a d the Company shall have the right
and duty to defend ,:a_rry suit .2gainst the Insdre J6_eking J.amag.es _on_ account_ of such
than an Insured.
.
_
bodil ln'
)ury;or property, even if any of the allegations of the suit are groundless,
-
11 PERSONS INSURED -- -- - --
•y
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 pay,m nt 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) designatedin the .declarations as a partnership or joint
dr
-' This does;npt.; - -
ventueeNthedis
partnership j ure so designated and any partner or member
but to his_liability_as.sucb;_--
policy apply, _ . .;.,---. ___. _ ._..---_. .---- ___.-thereof.
-
-only -with respect
(a) to liability assumed by the Insured under any contract or agreement except an inci-
(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
to bodily injury or property damage occurring after
, all suc ._....._. .. _ ___ --- •:------- .
v,'
work on the:.project Whet Ainaervice, maintenance= or repairs) to be per-
(d) any person (other than an employee of the Named Insured) or organization while
acting as real estate manager for the Named, Insured: • . �+
fprmed by or on behalf ofahe Named Insured at the site of the covered..oper$tions
has- been completed; 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 use by any person or organization
Regardless of the number of (1) Insureds under this policy, (2) persons or organizations
other than another contractor or subcontractor engaged in performing operations
who sustain bodily injury or property damage, dr (3) claims made or suits brought on
forprincipal asap t of the samereject i
account of bodily injury. or property damage, the,, gompany's liability qis limited as
L
(c) to bodilyinjury or propertydamage arisingout of any act or omission of the Named
,.,
Insured or any of his employees, other than general supervision of work performed
Coverage A -The total liability of the Company for all damages, including damages
for the Named Insured, by the designated contractor; . ,
for ;care and loss of services because of bodily injury sustained by one or more'
-.,,-- ,
(d) to an obli etiorr'for which the Insurel or an carrier^as his insurer may be held
Y g Y y
persohs as the resilt;gf;any'-one occurrence-shall-nol-:exceed- the Ttlnit of bodily injury
liability stated in the.1clarations as'app)icable to each occurrence" v
liable under Zany"woekmen's: compensation, unemploymen'b.compensation or disability
benefits. law, ,or, under. any similar law;
\
Coverage' B-The total liability! Of -the Company'for all=damages because--of-aIt-property__
`result
-'..'
damage sustained by one or, m'ofe persons or organizations as the,of any one
(e)_to bodily injury to any employee of the Insured arising out of and in the course .of „
. occurrence shall not exceed the Gmit of property damage (lability stated in the
his employment by the Insured or to . any obligation ,of. the,. Insured, to indemnify
`another
declarations as, applicable .to each. occurrence",
because .of damages: arising out of.suchmjury;_but this `exclusion does not.'"._
apply to liability assumed by the, Insured f. suchunder. iiilj ry;_-b t contract;
Subject to the above provisien respecting "each occurrence", -the total liability" of the_
Company for all damages because of all property damage to which this coverage applies
(f) damage to _ I'
shall not exceed the limit of property damage liability stated in the declarations as
_to..property
- -
(1) property owned�'otr `occupied by or rented to the Insured,
"aggregate".- If more,tharrone project _is:designated in the declarations,. such aggre----
gate limit shalt apply separately with respect to each project.
.,(2)'propertyi used 6y the Insured, -
Coverages A and B-For the purpose of determining thp limit of_the Company's liability,
(3) property in the care, custody or control of the Insured or as to which the lnsuxed!.
-a11 bodily injury and property damage arising out of continuous or repeated exposure to ,
- - is -far -any purpose. exercising physical control, or - ,-
subsiantfaily the same- general- conditions shall be considered as arising Cut• of one
_ _ .- __ .___.__
.
(4) worK performed for the. Insured tiy'tlie designated contractor;
occurrence.,.',
(g) to bodily injury or property damage due to war, whether or not declared, civil war,
IV ADDITIONAL DEFINITIONS
insurrection,:rebbllion or irevolutiow,ot to -`any act:.or condition incident .to any ,of,toe
When used in referpAce Jo this ihsyrance (including endorsements forming a part of
foregoing;' With- respect to (1) liability assumed by the 'Insured under an incidental
the policy):
contract, or (2) expenses for first aid under the Supplementary Payments provision
'total
of the policy;
"cost" means the 'cost=to the Named Insured with respect to operations per-
(h), to bodily injury or property damage arising out of (1) the ownership, maintenance,
formed for the Named Insured during the policy period by independent contractors of
all work let'or pub -let in connection wifh each specific project, including the cost of
operation, use, loading or unloading of any mobile equipment while being used in any
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
aetrvity or ;in practice; 9r., preparation for any such contest 'or activity or (2) the
all fees, allowances bonuses or cominlissions made,.yaid or due;
operation or use of any snowmobile or trailer designed for use therewith;
"work" includes materials ` parts and equipment furnished in connection -.therewith.
4
W to bodily injury or property., damage arising out of the discharge, dispersal, release or
i,. r ; . • 3 ... 4:
escape of smoke;' vapors,, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases,
Y POLICY TERRITORY
waste materials or other irritants, contaminants or pollutants into or upon land,
the atmosphere or any watercourse or body of water; but this exclusion does not
This policy applies`only to bodily injury or property damage which occurs within the
apply if such discharge, dispersal, release or escape is sudden and accidental;
policy territory.
e�
ry
Rev. 1.1.73)`'
Cawarb . (11 82)
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 orpasses;
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-fet
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 —"receipts" 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;
d. 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 rrmitation 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) �V*
,.. .
00 NOT Trr[ AVUV% IHIS
LING -This endorsoment modifies such insurance as is afforded by, the provision of thd'policy relating o:
.t .
OWNERS1 OR CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
ADDITIONAL INSURED
(ENGINEERS, .ARCHITECTS OR SURVEYORS) G r07
IT 15 AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE BODILY INJURY LIABILITY
COVERAGE AND PROPERTY DAMAGE LIABILITY COVERAGE APPLIES, SUBJECT TO THE
FOLLOWING PROVISIONSt
r, THE WORD "INSURED" ALSO INCLUDES ANY ARCHITECT, ENGINEER OR SURVEYOR
ENGAGED B HENAMED INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING
it OUT OF THE PREMISES OF THE NAMED INSURED OR OPERATIONS PERFORMED BY
OR FOR THE NAMED INSURED.
2. THE INSURANCE WITH RESPECT TO SUC ARCHITECTS, ENGINEERS OR SURVEYORS
DOES NOT APPLY TO BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF AN':
PROFESSIONAL SERVI E PE FAD BY O OR HEN MED INSURED, INCLUDING
(A) THE PREPARATION ORAPPROVAL OF MAPS, PLANS, OPINIONS, REPORTS,
SURVEYS, DESIGNS OR SPECIFICATIONS AND
(B) SUPERVISORY, INSPECTION OR ENGINEERING SERVICE.
This endorsement, from its effective date, forms s part of the policy described below Issued by the Company named therein.
mi. ho. i Inc [netthe Date I Ce.1 e.0. 1 rtpncy Cede I Policy elumbet l Named Insured
(The spaces above are to be Completed only if this endorsement is issued subsequent to the issuance of the pofcya
`�, ,,,, �7,Q_•� UNITED STATES FIDELITY ANO GUARANTY COATANY �1�
Iscreury FIDELITY AND GUARANTT INSURANCE UNDERWRITERS. INC. '"11'DO'T
TH ILLE AGENCI
Counbnijrted Dr.w..•.:. ..(r��'v.».....v . .....`'"
Authorite epfesentatirs
Gencral 166 (8/69) '
:.�..r ..: _ _ _ :..............i._.: _.
(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 molter 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 ettlements, in the conduct of suits and in enforcing any right of
contribution or ilmnity 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, not 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 a&reement 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
.he Insured's estate shall not relieve the Company of any of its obligations hereunder.
8. 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
liability under any 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.
7. 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 pa ers
and do whatever else is necessary to secure such rights. The Insured shall do not
after loss to prejudice such rights.
8. 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's 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 proper 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. Cancellation 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
(Applicable to all coverages except Comprehensive
s agreed that:
Personal, Former's Comprehensive Personal, and Family Automobile)
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.
It. 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.
Is 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
W � �
Secretary President
c malty 1 (142) OG-W 01) (RO. 1.1.73) aw