HomeMy WebLinkAboutResolution - 1879 - Contract - Pecan Valley Electric - Taxiway Guidence Sign Imporvements, LIA - 11/15/1984MH:js
RESOLUTION
Resolution #1879
November 15, 1984
Agenda Item #25
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 -Pecan Valley Electric Company, Inc. for
taxiway guidance sign improvements at the Lubbock International Airport,
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 15th day of November , 1984.
ATTEST:
Ran�tte Boyd, City Secretary
APPROVED AS TO CONTENT:
Marvin Coffee, Vq.6ctor of Aviation
APPROVED AS TO FORM:
Mir le Hart, Assistant City Attorney
CHANGE ORDER NO. 1
Lubbock International Airport
Taxiway Guidance Sign Improvements
AIP PROJECT No. 3-48-0138-02
August, 1984
September 17, 1985
TO: Pecan Valley Electric Company, Inc.
P.O. Box 608
Brownwood, Texas 76801
General Description of work included in contract:
This project consists of the removal of approximately 86 existing
taxiway guidance signs; installation of approximately 97 new taxiway
intersection and destination signs; installation of approximately 24
new holding position signs; installation of 2 new combination signs;
taxiway marking and other related items of work.
Original Amount of Contract . . . . . . . . . . . . . $198,629.00
Change Order No. 1 . . . . . . . . . . . . . . .(Add) 2,664.00
Adjusted Contract Price . . $201,293.00
Original Construction Time . . . . . . . . . . . . . 200 Calendar Days
Change Order No. 1 . . . . . . . . . . . . . . .(Add) 60 Calendar Days
Adjusted Construction Time:- 260 Calendar Days
WHEREAS, it is desirable to make certain changes in the work
included under this project:
AND WHEREAS, during installation of the taxiway guidance signs, the
internal wiring of Signs A-8, A-9 and A-10 was modified to allow connection
of those signs to the high intensity runway light circuit, the Proposal
shall be modified by the addition of the following:
15. 1 Internal wiring modifications to
L.S. Signs A-8, A-9 and A-10, complete,
per lump sum: $ 2,445.00
AND WHEREAS, during installation of airport transformer vault equip-
ment, additional work was required to install a new circuit breaker on an
existing regulator, the Proposal shall be modified by addition of the
following:
16. 1 Install new circuit breaker on existing
L.S. regulator, complete, per lump sum:$ 219.00
CHANGE ORDER NO. 1
Page 1 of 2
AND WHEREAS, the project experienced unavoidable delays due to
the extended material delivery time, the Owner and Contractor agree
that the time allowed for the completion of the project shall be extended
60 calendar days, from 200 calendar days to 260 calendar days.
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage
gained, the Owner and the Contractor agree to the changes indicated above
and further agree that the amount of the contract and the construction
time shall be adjusted by the amounts shown above.
The aforementioned changes, and work affected thereby, are subject
to all contract stipulations and covenants.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set
their hands this day of S E PT , 1985.
RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineer
Project
Bye Engineer,Sept. IS 1985.
APPROVED: PECAN VALLEY ELECTRIC COMPANY, INC., Contractor
By , 1985.
APPROVED: CITY OF UBBOCK, TEXAS, Owner
By > o� 1985.
ATTEST:
':�
Cit ecretary
APPROVED AS TO CONTENT:
Marvin Coffee
Director of Aviation
CHANGE ORDER NO. 1
Page 2 of 2
A
CERTIFIED COPY '
GENERAL POWER OF ATTORNEY
No ............. 85918 ..................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, i corporation organized and existing ander 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
Ethel .Adams
of the City of Brownwood , State of Texas ,
its true and lawful attorney in and for the State of Texa:;
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 aid
Ethel Adams
taay lawfully do in the premises by virtue of these presents. p - In Witness Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has`caused_this instrument to be
sealed with its corporate seal, duly suested by the signatures of its Vice -President and Assistant Secretary, this 13th . day of
June . A. D. 19 75
UNITED STATES FIDELITY AND , GUARANTY COMPANY.
( SEAT+) -
STATE OF MARYLAND.
BALTIMORE CITY, as:
eo.
(Signed) 8r.. ..G ........................................... Stewart, Jr.
(Signed) Duval A. Edwards ........................................
.........
Assistant 'Secretary.
On this 13th day of June , A. D. 19 ?$ before me personally came
Geo. A. Stewart, Jr. , Vice•Presldent of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Duval A. Edwards , 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 ueo. A. .Stewart, Jr. and Duval A. Edwards were respectively
the Vice -President and the Assistant Secretary of the acid UNITED STATES FIDELITY AND GUARANTY COMPANY, the eor.
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 fiat day in July, A. D. 19.. Ta...
(SEAL) (Signed) .,,,_..Herbert, J.,.Aull.......................
Notary Public.
STATE OF MARYLAND
BALTIMORE CITY,
E Robert H. Bouse Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before
i
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 he recorded therein. I further 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 13th day of June , A. D. 19 95
(SEAL) (Signed) ......................................
Ckrk of the Superior Court of Baltimore City.
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NOu,1z09311 3O AdO3
TO: CITY OF LUBBOCK
LUBBOCK, TEXAS
THIS IS TO CERTIFY THAT
CERTIFICATE OF INSURANCE
Date
Type of
Project
Name and Address of Insured
is, at the date of this certificate, insured by this Company with respect
to the business operations hereinafter described, for the types of
Insurance and in accordance with the provisions of the standard policies
used by this Company, and further hereinafter described. Exceptions to
standard policy noted on reverse side hereof.
TYPE OF INSURANCE
_ Policy No. Effective Expires Limits of Liability
Workmen' s - - -- 1 e _
Public 1 person S
Liability 60- pl8q11W 6-R :2 --AR gLJ accident 0, e* -0
Contingent 1 person $
Liability 1 accident $
Property
Damaize S -4r % e; I-IJ6--V 7 s2g" g �{' 7,�Q,gS� /D0.000
Builder's
Risk
Automobile
Other:
83 946 q-
j.A0.
oco
The foregoing
Policies (do)
(Ao-aee•)
cover all sub -contract rs.
Locations Covered:
Description of Operations Covered:
The above policies either in the body thereof or by appropriate endorsement
provide that they may not be changed or cancelled by the insurer in less
than the legal time required after the insured has received written notice
of such change or cancellation, or, in case there is no legal requirement,
in less than five days after the insured has received such written notice.
FIVE COPIES OF THIS
CERTIFICATE MUST BE f surer
SENT TO THE OWNER By am o
Title 7G�o�j
I - 1
United States Fire Insurance Company
A New York Corporation
Home Office: New York, N.Y.
International insurance Company
An Illinois Corporation
Home Office: Chicago. Illinois
Westchester Fire Insurance Company The North River Insurance Company
A New York Corporation A New Jersey Corporation
Home Office: New York, N.Y. ♦ Home Office: Township of Morris. N.J.
a
U.S. Insurance Group
a Crum and Forster organization
(Each a Capital Stock Company)
THE DEFENDER
COMMERCIAL COMPREHENSIVE CATASTROPHE LIABILITY POLICY
In consideration of the payment of premium and in
reliance upon the statements in the Declarations and
subject to the Limit of Liability, Exclusions, Conditions,
and other terms of this policy, the Company named in the
Declarations (a capital stock company, herein called the
Company) agrees with the insured, also named in the
Declarations attached, to provide coverage as follows:
INSURING AGREEMENTS
I- COVERAGE
The Company agrees to pay on behalf of the insured the
ultimate net loss in excess of the retained limit herein-
after stated, which the insured may sustain by reason
of the liability imposed upon the insured by law, or
assumed by the insured under contract, for:
(a) Bodily Injury Liability,
(b) Personal Injury Liability,
(c) Property Damage Liability, or
(d) Advertising Liability,
arising out of an occurrence.
In any jurisdiction where, by reason of law or statute,
this policy is invalid as a "pay on behalf" of contract,
the Company agrees to indemnify the insured for ulti-
mate net loss in excess of the retained limit.
11. DEFENSE SETTLEMENT
With respect to any occurrence covered by the terms
and conditions of this policy, but not covered, as war-
ranted, by the underlying policies listed in Schedule A
hereof or not covered by any other underlying insur—
ance collectible by the insured, the company shall;
(a) defend any suit against the insured alleging such
injury or destruction and seeking damages on account
thereof, even if such suit is groundless, false or
fraudulent; but the company may make such investi-
gation, negotiation and settlement of any claim or
suit as' it deems expedient;
(b) pay all premiums on bonds to release attachments
for an'amount not in excess of the applicable limit of
liability of this policy, all premiums on appeal bonds
required in any such defended suit, but without any
obligation to apply for or furnish any such bonds;
(c) pay all expenses incurred by the company, all costs
taxed :against the insured in any such suit and all
interest accruing after entry of judgment until the
company has paid or tendered or deposited in court
such part of such judgment as does not exceed the
limit of the company's liability thereon;
(d) reimburse the insured for all reasonable expenses,
other than loss of earnings, incurred at the company's
request;
(e) reimburse the insured for actual loss of earnings,
not to exceed $100.00 perdayforeach insured, subject
to an aggregate sum of $10,000 each occurrence for
all insureds combined at the company's request;
and they amounts so incurred, except settlements of
claims and suits, are payable by the company in addition
to the applicable limit of liability of this policy.
In jurisdictions where the company may be prevented
by law or otherwise from carrying out this agreement,
the company shall pay any expense incurred with its
written consent in accordance with this agreement.
III. DEFINITIONS
1. "NAMED INSURED" AND "INSURED"
"Named Insured" means the person of organization
named in Item 1 of the declarations of this policy, and:
(a) any subsidiary company (including subsidiaries
thereof) of the Named Insured, and any other company
coming under the Named Insured's control of which
it assumes active management;
(b) if the Named Insured is an individual, their spouse,
if a resident of the same household, but this policy
shall only apply to the conduct of a business or
business properties of which the Named Insured is the
sole -proprietor, or to the ownership, maintenance,
or use of an automobile;
(c) if the Named Insured is designated in the declara-
tions, as a partnership or joint venture, the partnership
rT,ernner tnerec . but only v.itn respect to tneir liability
as such.
The unqualified word "insured wherever used, in-
cludes the Named Insured and also:
(d) any person, organization. trustee or estate to
whom or to which the Named Insured is obligated by
virtue of a written contract to provide insurance such
as is afforded by this policy, but only with respect to
operations by or on behalf of the Named Insured, or
to facilities of or used by the Named Insured;
(e) at the option of the Named Insured and subject to
the terms of the coverage of this insurance, any addi-
tional insured, other than the Named Insured, included
in the underlying policies listed in Schedule A but
only to the extent that insurance is provided to such
additional insured thereunder;
(f) any executive officer, director or stockholder there-
of while within the scope of his duties as such;
(g) at the option of the Named Insured and subject to
the terms of the coverage of this insurance, any em-
ployee of the Named Insured, other than an executive
officer, while within the scope of his duties as such;
(h) at the option of the Named Insured and subject to
the terms of the coverage of this insurance, with re-
spect to an automobile owned by or loaned to the
Named Insured or hired for use on behalf of the Named
Insured, any person using the automobile with the
Named Insured's permission, and any person or
organization legally responsible for the use thereof.
The insurance with respect to any person ororganization
other than the Named Insured does not apply under
division (h) of this definition of "Named Insured" and
"Insured";
1. To any person or organization, or to any agent or
employee thereof, operating an automobile sales
agency, repair shop, service station, storage garage
or public parking place, with respect to any occur-
rence arising out of the operation thereof;
2. With respect to any automobile hired by or loaned to
the Named Insured, to the owner or a lessee thereof
other than the Named Insured, or to any agent or
employee of such owner or lessee.
2. "BODILY INJURY"
"Bodily Injury'." means;
(a) bodily injury, sickness, disease, disability, shock,
mental anguish and mental injury including death at
any time resulting therefrom;
(b) assault and battery not committed by or at the
direction of the insured, unless committed for the
purpose of protecting persons or property.
3. "PERSONAL INJURY"
"Personal Injury" means injury, such as but not limited
i �.r.,l C'ri• fI r
tion, false arrest, false imprisonment, wrongful eviction,
-,vrongful detention, malicious prosecution or humilia-
Jon which occurs during the policy sustained by a
natural person, but excluding any such injury included
within the definition of advertising liability.
4. "PROPERTY DAMAGE"
'Property Damage" means;
(a) physical injury to or destruction of tangible prop-
erty which occurs during the policy period, including
the loss of use thereof at any time resulting there-
from, or
(b) loss of use of tangible property which has not
been physically injured or destroyed provided such
loss of use is caused by an occurrence during the
policy period, or
(c) injury to intangible property which occurs during
the policy period sustained by an organization as a
result of wrongful eviction, malicious prosecution,
libel, slander or defamation but excluding any such
damage included within the definition of advertising
liability.
5. "ADVERTISING LIABILITY"
"Advertising Liability" means libel, slander, defamation,
infringement of copyright, title or slogan, piracy, unfair
competition, idea misappropriation or invasion of rights
of privacy committed, or alleged to have been com-
mitted in any advertisement, publicity article, broadcast
or telecast and arising* out of the Named Insured's
advertising activities.
6. "ULTIMATE NET LOSS"
"Ultimate Net Loss" means the total of the following
sums with respect to each occurrence;
(a) all sums which the insured is legally obligated to
pay as damages whether by reason of adjudication
or settlement, because of bodily injury, personal
injury, property damage or advertising liability to
which this policy applies, and
(b) all expenses, other than defense settlement pro-
vided in Insuring Agreement II, incurred by or on
behalf of the insured in the investigation negotiation,
settlement and defense of any claim covered by this
policy or suit seeking such damages, excluding only
the salaries of the insureds regular employees.
This policy shall not apply to defense, investigation,
settlement or legal expenses covered by underlying
insurance.
7. "PRODUCTS HAZARD"
"Products Hazard" means the handling or use of or the
existence of any condition in or a warranty of goods or
products manufactured, sold, handled or distributed by
the Named Insured or by others trading under its name,
Y
goods or products has been relmgi11shed to others by the
Named Insured or by others trading under its name and if
such occurrence happens away from premises owned by,
rented to or controlled by the Named Insured, provided
such goods or products shall be deemed to include any
container thereof, other than a vehicle, but shall not
include any vending machine or any property, other than
such container rented to or located for use of others but
not sold.
S. "COMPLETED OPERATIONS HAZARD"
"Completed operations hazard" means operations com-
pleted by or on behalf of the Insured and includes 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 com-
pleted or abandoned and occurs away from premises
owned by or rented to the named insured. "Operations"
include materials, parts or equipment furnished in con-
nection therewith. Operations shall be deemed com-
pleted at the earliest of the following 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 mainte-
nance 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 loading or unloading thereof,
(b) the existence of tools, uninstalled equipment or
abandoned or unused materials.
9. "OCCURRENCE"
"Occurrence" means;
(a) with respect to Bodily Injury Liability or Property
Damage Liability, injurious exposure to conditions
which results in Bodily Injury or Property Damage
neither expected nor intended from the standpoint
of the insured. All damages arising out of such
exposure to substantially the same general condi-
tions shall be considered as arising out of one
occurrence.
(b; v. lh resYeci :o Persona' Injury L"`.: f, 3- o'
wt ich results in Personal Injury, other than an offense
committed with actual malice or the willful violation of
a penal statute or ordinance committed by or with the
knowledge or consent of the insured. All damages
arising out of such exposure to substantially the same
general conditions shall be considered as arising out
of one occurrence.
(c) with respect to Advertising Liability all damages
involving'; the same injurious material or act regard-
less of the frequency or repetition thereof, the number
of kind of media used, and the number of claimants
and all such damages shall be considered as arising
out of one occurrence.
IV. POLICY; PERIOD, TERRITORY
This policy, applies to occurrences happening any-
where during the policy period.
V. RETAINED LIMIT - LIMIT OF LIABILITY
The Company's liability shall be only for the ultimate
net loss in excess of the insured's retained limit defined
as the greater of;
(a) the total of the applicable limits of the under-
lying policies listed in Schedule A hereof, and the
applicable limits of any other insurance collectible
by the insured; or
(b) the self-insured retention stated in Item 4(c) of
the declarations as the result of all occurrences not
covered by said underlying insurance, and which
shall be porne by the insured, separately as respects
each anival period of this policy.
When the self-insured retention stated in Item 4(c)
has been exhausted, this policy shall apply without
application of the self-insured retention for the
remainder of that annual period.
The company's liability shall not exceed the amount
stated in Iem 4(a) of the declarations as the result of
any one occurrence. There is no limit to the number
of occurrences during the policy period for which
claims may be made except that the liability of the
company 'arising out of the Products Hazard and the
Completed Operations Hazard on account of all occur-
rences during each policy year shall not exceed the
aggregate amount stated in Item 4(b) of the declarations.
EXCLUSIONS
This policy shall not apply:
(a) to any obligation for which the insured or any of
its insurers may be held liable under any workers'
or unemployment compensation, disability benefits
or similar law, provided, however that this exclusion
does not apply to liability of others assumed by the
Named insured under contract;
(b) to injury to or destruction of or loss of:
(2) any goods, products or containers thereof
manufactured, sold, handled or distributed, or
work completed by the insured, out of which the
occurrence arises:
(c) under Advertising Liability for:
(1) failure of performance of written contract,
(2) infringement of registered trade mark, service
mark or trade name by use thereof as the registered
trade mark, service mark or trade name of goods
or services sold, offered for sale or advertised, but
this shall not relate to titles or slogans,
(3) incorrect description of any article or com-
modity, or
(4) mistake in advertised price;
(d) to damages claimed for the withdrawal, inspection,
repair, replacement, or loss of use of the Named In-
sured's products or work completed by or for the
Named Insured or of any property of which such
products or work form a part, if such products, work or
property are withdrawn from the market or from use
because of any known or suspected defect or
deficiency therein;
(e) to loss of use of tangible property which has not
been physically injured or destroyed resulting from;
(1) a delay in or lack of performance by or on behalf
of the Named Insured of any contractor agreement,
or
(2) the failure of the Named Insured's products or
work performed by or on behalf of the Named Insured
to meet the level of performance, quality, fitness, or
durability warranted or represented by the Named
Insured;
but this exclusion does not apply to the extent coverage
available to the Named Insured in the underlying
insurance as set out in Schedule A of the policy or to
loss of use of other tangible property resulting from
the sudden and accidental physical injury to or de-
struction of the Named Insured's products or work
performed by or on behalf of the Named Insured after
such products or work have been put to use by any
person or organization other than an insured;
(f) to liability arising out of the discharge, dispersal,
release or escape of smoke, vapors, soot, fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste
materials or other irritants, contaminants or pol-
lutants into or upon land, the atmosphere or any
water course or body of water; but this exclusion
does not apply if such discharge, dispersal, release
or escape is sudden and accidental;
(g) to liability arising out of the ownership, mainte-
nance, operation, use, loading or unloading of air-
craft, other than aircraft chartered with crew, unless
coverage therefor is provided by policies listed in
Schedule A attached to this policy. This exclusion
mr _;rf : at,,_ -Ig Ottt of ar.,7 jr, trc
course of his employment by the insured.
CONDITIONS
A. Premium Computation. The premium for this policy
shall be based upon the rating basis as set forth in the
declarations during the policy period, and shall be
computed at the rate set forth in the declarations applied
to each unit of exposure of such rating basis. The
advance premium is based upon the estimated expo-
sures for the policy period as stated in the declarations.
Upon expiration of this policy or its termination during
the policy period, the earned premiums shall be com-
puted as thus defined. If the earned premium thus com-
puted is more than the advance premium paid, the
Named Insured shall immediately pay the excess to the
company; if less, the company shall return the difference
to the Named Insured but the company shall receive
and retain the annual minimum premium for each
twelve (12) months of the policy period.
B. Inspection and Audit. The company shall be per-
mitted at all reasonable times to inspect the insured's
premises and equipment, and to examine the Named
Insured's books and records so far as the books and
records relate to premium earned or to any occurrences
happening during the policy period.
C. Severability of Interests. The term "insured" is used
severally and not collectively except with respect to
Insuring Agreement V (Retained Limit — Limit of Lia-
bility) and Condition 1 (Other Insurance). The inclusion
in this policy of more than one insured shall not operate
to increase the company's total liability for all insureds
covered by this policy beyond the limits set forth in
Item 4(A) and 4(B) of the declarations.
O. Notice of Occurrence. Upon the happening of an
occurrence reasonably likely to involve the company
hereunder, written notice shall be given as soon as
practicable to the company or any of its authorized
agents. Such notice shall contain particulars sufficient
to identify the insured and the fullest information obtain-
able at the time.
The insured shall give like notice of any claim made on
account of such occurrence. If legal proceedings are
begun the insured, when requested by the company,
shall forward to it each paper thereon, or a copy thereof,
received by the insured or the insured's representative,
together with copies of reports of investigations made
by the insured with respect to such claim proceedings.
E. Assistance and Co-operation. Except as provided in
Insuring Agreement 11 (Defense Settlement) or in Condi-
tion J (Underlying Insurance) the company shall not be
called upon to assume charge of the settlement or
defense of any claim made or proceeding instituted
against the insured, but the company shall have the right
and opportunity to associate with the insured in the
defense and control of any claim or proceeding reason-
rnsur[ v
F. Appeals. In the event the insured or the insureds
underlying insurer elects not to appeal a judgment in
excess of the retained limit, the company may elect to
do so at its own expense, and shall be liable for the
taxable costs, disbursements and interest incidental
thereto, but in no event shall the liability of the company
for ultimate net loss exceed the amount set forth in
Insuring Agreement V (Retained Limit Limit of Lia-
bility) for any one occurrence plus the taxable costs,
disbursements and interest incidental to such appeal.
G. Loss Payable. Liability of the company with respect
to any one occurrence shall not attach unless and until
the insured, the company in behalf of the insured, or
the insured's underlying insurer, has paid the amount
of retained limit. Where the company must indemnify
the insured for ultimate net loss in accordance with
Insuring Agreements, the insured shall make a definite
claim for any loss for which the company may be liable
within twelve (12) months after the insured shall have
paid an amount of ultimate net loss in excess of the
amount borne by the insured or after the insured's lia-
bility shall have been made certain by final judgment
against the insured after actual trial, or by written agree-
ment of the insured, the claimant and the company. If
any subsequent payments are made by the insured on
account of the same occurrence, additional claims shall
be made similarly from time to time and shall be'payable
within thirty (30) days after proof in confirmity with this
policy.
The insured shall promptly reimburse the company for
any amount of ultimate net loss paid on behalf of the
insured within the self-insured retention specified in
Item 4(c) of the declarations.
H. Bankruptcy or Insolvency. Bankruptcy or insolvency
of the insured shall not relieve the company of any of its
obligations hereunder.
I. Other Insurance. if other collectible insurance
including other insurance with this company is available
to the insured covering a loss also covered hereunder
(except insurance purchased to apply in excess of the
sum of the retained limit of liability hereunder) the
insurance hereunder shall be in excess of and not con-
tribute with such other insurance.
J. Underlying Insurance. If underlying insurance is
exhausted by any occurrence the company shall be
obliged to assume charge of the settlement or defense
of any claim or proceeding against the insured resulting
from the same occurrence, but only where this policy
applies immediately in excess of such underlying insur-
ance, without the intervention of excess insurance of
another carrier.
In the event of the reduction or exhaustion of the ag-
gregate limits of liability of the underlying policies listed
in Schedule A solely by reason of losses paid thereunder
in respect of occurrences happening during the policy
period of this policy, this policy, (1) in the event of reduc-
t ,!l, i i1;; :- tri E: t xt, ,:S u t`iC.' rCi:,.. , ; � ldt'i. C,g
limits; or (2) in the evfmt of exhaustion, shall continue in
force as underlying insurance.
K. Subrogation. The company shall be subrogated to
the extent of any payment hereunder to all the insured's
right of recovery therefor; and the insured shall do
everything necessary to secure such rights. Any amount
so recovered shall be apportioned as follows:
Any interest (including the insureds) having paid an
amount in excess of the retained limit plus the limit of
liability hereunder shall be reimbursed first to the extent
of actual payment. The company shall be reimbursed
next to the extent of its actual payment hereunder. If
any balance then remains unpaid, it shall be applied to
reimburse the insured or any underlying insurer, as
their interests may appear. The expenses of all such
recovery proceedings shall be apportioned in the ratio
of respective recoveries. If there, is no recovery in pro-
ceedings conducted solely by the company, it shall
bear the expenses thereof.
L. Changes. Notice to or knowledge of any. agent or
other person shall not effect a waiver or change in .any
part of this policy nor estop the company from asserting
any right; under it, nor shall the terms of this policy be
waived or changed except by endorsement hereon.
M. Assignment. Assignment of interest under this policy
shall not bind the company until its consent is endorsed
hereon. It, however, the insured shall die or be adjudged
bankrupt, or insolvent within the policy period, this
policy, unless cancelled, shall cover the insured's legal
represen}ative for the unexpired portion of such period.
N. Cancellation. This policy may be cancelled 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 such
cancellation shall be .effective. This policy may be can-
celled by the company by mailing to the Named Insured
at the address shown in this policy written notice stating
when not less than thirty (30) days for any reason other
than non-payment of premium or ten (10) days for non-
payment of premium thereafter, such cancellation shall
be effective. The mailing of notice as aforesaid shall be
sufficient notice and the effective date of cancellation
of ci:iu ••tiif,' nViii�C. . t .. ... .. f.. ." 7
period. Delivery of suet: written notice ether by the
Named Insured or by the company shall be equivalent to
mailing. If this policy is cancelled, earned premium shall
be computed pro rata.
Premium adjustment may be made at the time cancella-
tion is effected or as soon as practicable thereafter. The
check of the company or its representative, mailed or
delivered, shall be sufficient tender of any refund due
the Named Insured.
If this policy insures more than one insured, cancella-
tion may be effected by the first of such Named Insureds
for the account of all insureds; and notice of cancella-
tion by the company to such first Named Insured shah
be notice to all insureds. Payment of any unearned
premium to such first Named Insured shall be for the
account of all interests therein.
O. Maintenance of Underlying Insurance. It is warranted
by the insured that the underlying policies listed in
Schedule A, or renewals or replacements thereof not
more restricted, shall be maintained in force during the
currency of this policy, except for any reduction of the
aggregate limits contained therein solely by payment
of claims in respect of occurrences happening during
this policy period. In the event of failure by the insured
to so maintain such policies in force or to meet all con-
ditions and warranties subsequent to loss under such
policies the insurance afforded by this policy shall apply
in the same manner it would have applied had such
policies been so maintained in force.
In the event there is no recovery available to the insured
as a result of the bankruptcy or insolvency of the under-
lying Insurer, the coverage hereunder shall apply in
excess of the applicable limit of liability specified in
Schedule A.
IN WITNESS WHEREOF, the company has caused this
policy to be signed by its vice chairman of the board and
secretary but this policy shall not be valid unless com-
pleted by the attachment hereto of a declarations page
countersigned by a duly authorized representative of the
company.
t
Antoinette C. Bentley Sidney F. Wentz
` Secretary Vice Chairman of the Board
J
' I
NUC=LEAR ENE=RGY LIABILITY EXCLUSION ENDORSEF`:ENT
This policy shall not apply
(a) to injury, sickness, disease, death, destruction
or loss:
1. with respect to which an insured under the policy
is also an insured under a nuclear energy liability
-policy issued by Nuclear Energy Liability Insur-
ance Association, Mutua 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 its 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;
"nuclear material" means source material, special
nuclear material or by product material:
"source material", "special nuclear material" and "by-
product 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 radia-
tion in a nuclear reactor;
..waste" means any waste material (1) containing by-
product material and (2) resulting from the operation
by any person or organization of any nuclear facility
included within the definition of nuclear facility under
paragraph (1) and (2) thereof;
"nuclear facility" means
1. any nuclear reactor,
2. any equipment or device designed or used for
(a) separating the isotopes of uranium or plu-
tonium, (b) processing or utilizing spent fuel, or
(c) handling, processing or packing waste,
.(b) to injury, sickness, disease, death, destruction or 3. any equipment or device used for processing,
loss resulting from the hazardous properties of fabricating or alloying of special nuclear material
nuclear material, if: if at any time the total amount of such material in the
custody of the insured at the premises where such
1. the nuclear material (a) is at any nuclear facility equipment or device is located consists of or con -
owned by, or operated by oron behalf of, an insured tains more than 25 grams of plutonium or uranium
or (b) has been discharged or dispersed therefrom; 233 or any combination thereof, or more than
2. the nuclear material is contained in spent fuel or 250 grams of uranium 235,
waste at any time possessed, handled, used, 4. any structure, basin, excavation, premises or place
processed, stored, transported or disposed of by prepared or used for the storage or disposal of
or on behalf of an insured; or waste,
3. the injury, sickness, disease, death, destruction or and includes the site on which any of. the: foregoing is
loss arises out of the furnishing by an insured of located, all operations conducted on such ---site and all
services, materials, parts or equipment in con- premises used for such operations;
nection with the planning, construction, mainte- "nuclear reactor" means any apparatusdesigned or
nance, operation or use of any nuclear facility, but used to sustain nuclear fission in self-supporting chain
if such facility is located within the United States reaction or to contain a critical mass of fissionable
of America, its territories or possessions or Canada, material.
this exclusion (3) applies only to injury to or With respect to injury to or destruction of or loss of
destruction of or loss of property at such nuclear 1 Yur" property, the word "in or "destruction" or "loss"
facility.
As used in this endorsement:
includes all forms of radioactive contamination of
property.
"hazardous properties" include radioactive, toxic or All other terms and conditions of this policy remain
explosive properties; unchanged.
FM 101.0.755(5-93) Print date (9-83)
THIS CERTIFICATE IS :ISSUED AS A MATTER OF INFORMATION 074LY.ANu t.urrrLna
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER ..THE COVERAGE _AFFORDED i9Y THE PC
NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES
Brayton Smith Insurance Agency, Inc.
P. 0. Box 130
ETTERNY
Brownwood, TX 76804
x5000000
COMTTEPANYR B
(EgCHI ACCIDENT)
EL�
NAME AND ADDRESS OF INSURED
COMPANY
LETTER
Pecan Valley Electric Co., Inc.
3
p. 0. BOX 605
COMPANY D
LETTER
Brownwood, TX 76804
COMPANY E
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. Notwithstandingg
the insurance afforded by the policies d
of any contract or other document with respect to which this certificate may be Issued
or may pertain,
terms, exclusions and conditions of such policies.
Limits of Lial
TYPE OF INSURANCE POLICY NUMBER
POLICY
EXPIRATION DATE
NERAL LIABILITY
BODILY INJURY
MPREHENSIVE FORMEMISES—OPERATIONSPROPERTY
DAMAGE
PLOSION AND COLLAPSE
F[EOUNDERGROUND
HAZARD
HAZARD
ODUCTS/COMPLETED
BODILY INJURY AND
OPERATIONS HAZARD
NTRACTUAL INSURANCE
PROPERTY DAMAGE
ROAD FORM PROPERTY
COMBINED
DAMAGE
DEPENDENT CONTRACTORS
requirement, term or con(31UOn
Sed herein is subject to all the
ow housan s 0—
EACH AGGREGATE
OCCURRENCE
S
❑ PERSONAL INJURY PERSONAL INJURY
AUTOMOBILE LIABILITY
A 10 COMPREHENSIVE FORM
OWNED
HIRED
I,�c NON -OWNED
❑ UMBRELLA FORM
❑ OTHER THAN UMBRELLA
FORM
and
EMPLOYERS' LIABILITY
OTHER
CAG 7 130 585
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
All owned, hired vehicles operated by insured
BODILY INJURY AND I
PROPERTY DAMAGE L
COMBINED
STATUTORY
E
S
S
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
nwill endeavor to mail 3 0— days written notice to the below named certificate holder, but failure to
F ay
mail such notice shall impose no obligation or liability of any kir
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of ° Lubbock
City Hall
Lubbock, TX 79408
ACORD 25 (1-79)
DAI
BODILY INJURY
$250,000
EACH EIN
7,26-85
x5000000
(EgCHI ACCIDENT)
PROPERTY DAMAGE
BODILY INJURY AND
3
PROPERTY DAMAGE
BODILY INJURY AND I
PROPERTY DAMAGE L
COMBINED
STATUTORY
E
S
S
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
nwill endeavor to mail 3 0— days written notice to the below named certificate holder, but failure to
F ay
mail such notice shall impose no obligation or liability of any kir
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of ° Lubbock
City Hall
Lubbock, TX 79408
ACORD 25 (1-79)
DAI