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R-94-03-24-13F - 3/24/1994ATTEST: , 4 WHEREAS, the City of Round Rock has duly advertised for bids for the East Wastewater Treatment Plant Re- Rating Improvements, and WHEREAS, Matous Construction Company, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Matous Construction Company, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Matous Construction Company, Inc. for the East Wastewater Treatment Plant Re- Rating Improvements. RESOLVED this 24th day of March, 19 . CHARLES CULP P• Mayor City of Round Rock, Texas KS/RESOLUTION RS03244P LAND, City Secretary RESOLUTION NO. R- -03-c24- /3P 03/22!94 13:10 ROUND ROCK PUBLIC WORKS + 512 255 6676 Mayor Charles Culpepper Mayor Pro -tem Robot Sduka Council Members Rod Marv.] Rick .Stewart part Poloist Manna Chaves Jimmy Joseph City Manager Robert L. Brnnea, Jr. City Attorney Stephan I. Sheets DATE: March 15, 1994 Attachment cc: Al Wille File Inatoas THE CITY OF ROUND ROCK 221 East Main Street Round Hock, Texas 78664 512-255-3612 TO: Jim Nuse, P.E. Director of Public Works FROM: Steven Miller, P.E. Facility Engineer SUB: EAST WWTP CHLORINATION /DECI(LORINATION PROJECT Three (3) bids were received on March 8 for the above mentioned project. The low bidder was Matous Construction, Inc. at $97,700. This company has successfully completed several similar projects for the City while doing business as Psencik Construction. I recommend the City Council award this contract to Matous Construction, Inc. The project estimate was $95,700. _ _ _ ....... - non nor nn on tn-nni 9 R R(Vni rnl NO. 574 D07 co 01 r uT 0 Z ITEM pop sno for project THE CRY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 221 East Main Street Round Rock Texas 78665 (512) 255 -3612 Past Wastewater Treatment Plant Ch orinati CONTRACT_ and tawialnri.nation Inproverents LOCATION: City Ran BID DATE: 3/B/94 TIME: 2:00PM 'yeas High Sierra Bid Bond? Yes. UNIT APPROX. QUANTITY UNIT PRICE L.S. 510 TABULATION COST $120,000 Lgbda Construction Cary Bid Bond? Yes UNIT PRICE BIDDERS COST $107,210 Matnus Construction Conparry, lilt. Bid Bond? Yes Bid Bon UNIT PRICE COST $97,700 UNIT PRICE BIDS EXTENDED AND qH <ED B .. S. Miller. P.E. .1, .k DATL: 3/0/94 YY SNEETI OF 1 d? COST 03'22[94 : :13:10 ROUND ROCK PUELIC WORKS -. 512 255 6676 DATE: March 22, 1994 SUBJECT: City Council Meeting, March 24, 1994 ITEM: 13F. Consider a resolution authorizing the Mayor to enter into an agreement with Matous Construction Co., Inc. for the East Wastewater Treatment Plant re- rating improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: In order to make the re- rating of the East Plant complete, three (3) bids were received on March 8, for chlorination/dechlorination improvements. Matous Construction, Co., Inc. was the lowest and best bid at S97,700. Staff recommends award of this bid to Matous Construction. NO.574 P06 e CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF August, 1993 FI HDR Engineering, Inc. R- qq- 03- a Li•13F SET NUMBER EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS ROUND ROCK, TEXAS August, 1993 HDR ENGINEERING, INC. 3000 SOUTH IH -35, SUITE 400 AUSTIN, TEXAS 78704 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 TABLE OF CONTENTS 02 03 04 DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS 05 OF THE CONTRACT 06 07 00020 NOTICE TO BIDDERS 08 00100 INSTRUCTIONS TO BIDDERS 09 00301 BID 10 00302 VENDOR COMPLIANCE TO STATE LAW 11 00500 CONTRACT 12 GEN GENERAL CONDITIONS 13 00805 SUPPLEMENTARY CONDITIONS 14 15 16 DIVISION 1 - GENERAL REQUIREMENTS 17 18 01060 SPECIAL CONDITIONS 19 01340 SHOP DRAWINGS, PROJECT DATA & SAMPLES, OPERATION AND 20 MAINTENANCE MANUALS, EQUIPMENT RECORD SHEETS 21 01600 PRODUCT DELIVERY, STORAGE AND HANDLING 22 01601 JOB CONDITIONS 23 01640 PRODUCT SUBSTITUTIONS 24 25 26 DIVISION 5 - METALS 27 28 05505 METAL FABRICATIONS 29 30 31 DIVISION 11 - EQUIPMENT 32 33 11060 PUMPING EQUIPMENT: GENERAL REQUIREMENTS 34 11078 PUMPING EQUIPMENT: MODIFICATIONS TO EXISTING PLANT WATER 35 SYSTEM PUMPS AND APPURTENANCES 36 11921 CHEMICAL FEED: CHLORINE 37 11922 CHEMICAL FEED: SULFUR DIOXIDE 38 39 40 DIVISION 15 - MECHANICAL 41 42 15010 MECHANICAL: GENERAL REQUIREMENTS 43 15060 PIPE AND PIPE FITTINGS: GENERAL REQUIREMENTS 44 15061 PIPE: STEEL 45 15064 PIPE: PLASTIC 46 15104 BALL VALVES 47 48 49 DIVISION 16 50 51 16010 ELECTRICAL GENERAL INFORMATION 52 16111 CONDUIT SYSTEMS 53 16120 WIRE AND CABLE EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS TOC -1 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00020 -1 01 90H20 SECTION 00020 01 02 02 03 NOTICE TO BIDDERS 03 04 04 05 05 06 The City of Round Rock will accept bids for furnishing all labor, material, and 06 07 equipment and performing all work required for the project titled "EAST 07 08 WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS (project 08 09 includes, in general, replacement of chlorine and sulfur dioxide feed equipment, 09 10 gas piping, solution piping, repair of clarifier weir plates and modification to 10 11 plant water system pumping equipment). 11 12 12 13 Sealed bids shall be addressed to Purchasing Agent, City of Round Rock, 221 E. 13 14 Main, Round Rock, Texas, 78664 -5299, until 2:00 P.m., March 8, 1994, then 14 15 publicly read aloud at the same address. Bids shall be submitted on City of 15 16 Round Rock bid forms and labeled "EAST WASTEWATER TREATMENT PLANT CHLORINATION 16 17 AND DECHLORINATION IMPROVEMENTS." No bids may be withdrawn after scheduled bid 17 18 opening time. Any bids received after scheduled acceptance time will be 18 19 returned unopened. 19 20 20 21 Bids shall be accompanied by an acceptable bid security as outlined in the 21 22 Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five 22 23 percent (5%) of the total bid. 23 24 24 25 Plans, Bid Forms, Instructions to Bidders, and Specifications may be obtained 25 26 for a non - refundable fee of $40.00 per set at the following: 26 27 27 28 HDR ENGINEERING, INC. 28 29 3000 S. I.H. 35, Suite 400 29 30 Austin, Texas 78704 30 31 (512) 442 -8501 31 32 32 33 In case of ambiguity, duplication, or obscurity in the bids, the City reserves 33 34 the right to construe the meaning thereof. The City further reserves the right 34 35 to reject any or all bids and waive any informalities and irregularities in the 35 36 bids received. 36 37 37 38 The successful bidder shall execute the standard Contract prepared by the City, 38 39 and shall furnish Performance and Payment Bonds as described in the Bid 39 40 Documents. 40 41 41 42 42 43 END OF SECTION 43 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00100 -1 01 92820 SECTION 00100 01 02 02 03 INSTRUCTIONS TO BIDDERS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Detailed information and instructions to bidders regarding the 11 12 preparation and submission of Bids by bidders, and the 12 13 administration of bidding by the Owner. 13 14 2. Requirements which are supplemental to the general bidding 14 15 requirements contained in the General Conditions. 15 16 16 17 B. Related Sections include but are not necessarily limited to: 17 18 1. Division 0 - Bidding Requirements, Contract Forms and Conditions of 18 19 the Contract. 19 20 2. Division 1 - General Requirements. 20 21 21 22 1.02 COPIES OF BIDDING DOCUMENTS 22 23 23 24 A. See Section 00020. 24 25 25 26 1.03 PREBID CONFERENCE 26 27 27 28 A. A pre -bid conference will not be held. 28 29 29 30 1.04 INSPECTION OF SITE 30 31 31 32 A. Site Inspection Required: 32 33 1. Bidders are required to inspect the site of the work to satisfy 33 34 themselves by personal examination or by such other means as they may 34 35 prefer, of the location of the proposed work, and of the actual 35 36 conditions of and at the site of work. 36 37 2. Bidders may inspect the site of the work by special arrangement with 37 38 the Owner. 38 39 39 40 B. Owner's Contact Person: 40 41 1. To arrange for inspections, contact the following: 41 42 42 43 Cary Matt, Superintendent - 43 44 Telephone: (512) 218 -5584 44 45 45 46 46 47 1.05 SUBSTITUTE MATERIALS AND EQUIPMENT 47 48 48 49 A. For materials and equipment other than those listed, request for 49 50 consideration of alternate materials or equipment may be made after award 50 51 of Contract. All such requests shall be submitted by the successful 51 52 general contractor. 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00100 -2 01 01 02 B. Comply with Section 01640. 02 03 03 04 1.06 CONDITION OF AWARD 04 05 05 06 A. All bids will be received and evaluated by the Owner in good faith that 06 07 each and every bidder has thoroughly examined all Contract Documents, 07 08 reports, data and information made available or identified as being 08 09 available and has included all costs associated with completing the 09 10 entire Work in the bidder's Bid. No claim for additional 10 11 compensation by the successful bidder based upon or related to the 11 12 failure of the bidder to carefully and thoroughly examine and understand 12 13 the Contract Documents, the site and its environs, applicable laws and 13 14 regulations, reports, data and other available information will be 14 15 compensated. 15 16 16 17 1.07 DISCREPANCIES IN BID 17 18 18 19 A. Discrepancies in the Bid between words and figures will be resolved 19 20 in favor of words. Discrepancies between the indicated sum or product of 20 21 figures and the correct sum or product thereof will be resolved in favor 21 22 of the correct sum or product. 22 23 23 24 1.08 INTERPRETATION OF CONTRACT DOCUMENTS 24 25 25 26 A. Request Clarification Before Bidding: 26 27 1. If, during the course of examinations, visits, and reviews of the 27 28 site, adjacent conditions, federal, state and local laws and 28 29 regulations, the Contract Documents, geotechnical reports and any 29 30 other factors affecting cost, progress or performance of the Work, a 30 31 bidder discovers facts or conditions which appear to conflict with 31 32 the terms or intent of the Contract Documents, or with any other data 32 33 or information made available to the bidder relating to the work, the 33 34 bidder shall promptly notify the Owner in writing and request 34 35 clarification before submitting a bid. 35 36 2. Questions received fewer than three days prior to the date of opening 36 37 of bids will not be answered. 37 38 38 39 B. Requests for Clarification: 39 40 1. Interpretations of the Contract Documents may be requested prior to 40 41 submitting a bid. 41 42 2. Requests shall be directed in writing to: 42 43 43 44 HDR Engineering, 44 45 Attn: James R. Glaser, P.E. 45 46 3000 South IH -35, Suite 400 46 47 Austin, Texas 78704 47 48 Telephone: (512)442 -8501 48 49 49 50 C. Requests Requiring an Addendum: 50 51 1. Requests to clarify possible ambiguous, conflicting or incomplete 51 52 statements or designs, or any other such clarification which 52 53 modifies, changes, increases or decreases the scope of work, requires 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00100 -3 01 issuance of an addendum by the Owner for the interpretation to become 01 02 effective. 02 03 03 04 D. Requests Not Requiring an Addendum: 04 05 1. Requests to clarify the source of materials, equipment, suppliers, or 05 06 any other such matter which does not modify, change, increase, or 06 07 decrease the scope of work do not require an addendum and may be 07 08 satisfied by a response by the Owner to the bidder requesting the 08 09 clarification. 09 10 10 11 1.09 AWARD OF CONTRACT 11 12 12 13 A. Basis: 13 14 1. The successful Contractor shall be determined on the basis of the 14 15 lowest responsible, responsive total bid. 15 16 16 17 B. Acceptance of Bid: 17 18 1. Within 45 calendar days after the date of opening bids, the Owner 18 19 will act either to accept a bid or to reject all bids. Acceptance of 19 20 a bid will be evidenced by a notice of award of contract in writing, 20 21 delivered in person, or by certified mail, to the bidder whose bid is 21 22 accepted. No other act of the Owner shall constitute acceptance of a 22 23 bid. 23 24 24 25 C. Bidder Obligated: 25 26 1. The award of contract shall obligate the bidder, whose bid is 26 27 accepted, to furnish performance and payment bonds and evidences of 27 28 insurance, and to execute the Contract set forth in the Contract 28 29 Documents. 29 30 30 31 1.10 WITHDRAWAL OR REVISION OF BIDS, COMMUNICATION OF 31 32 32 33 A. Method: 33 34 1. The method of communication for withdrawal or revision of a Bid 34 35 shall be by writing. No other communication including fax or 35 36 telephonic will be accepted. 36 37 2. Written communication must be signed by an authorized representative 37 38 of the bidder. 38 39 39 40 40 41 1.11 OPENING OF BIDS 41 42 42 43 A. Postponement: 43 44 1. The Owner reserves the right to postpone the date and time for 44 45 receiving and /or opening of bids at any time prior to the date and 45 46 time established in Notice to Bidders. Postponement notices shall be 46 47 mailed to bidders in the form of addenda. 47 48 48 49 B. Bids Remain Open: 49 50 1. All bids shall remain open and subject to acceptance for the period 50 51 of time specified for award of contract. The Owner may, in its sole 51 52 discretion, release any bid and return the bid security prior to that 52 53 date. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00100 -4 01 01 02 1.12 BID SECURITY 02 03 03 04 A. Bid Bond or Certified or Cashier's Check: 04 05 1. The bid form shall be accompanied by a bid surety bond provided by a 05 06 surety company authorized to carry on business in the State of Texas 06 07 for payment to the Owner in the sum of at least 5 percent of the 07 08 total amount of the bid price, or, alternatively, by a certified or 08 09 cashier's check, payable to the Owner in the sum of at least 5 09 10 percent of the total amount of the bid price. 10 11 11 12 B. Bond or Check to be Forfeited: 12 13 1. The amount payable to the Owner under the bid surety bond, or the 13 14 certified or cashier's check and the amount thereof, as the case may 14 15 be, shall be forfeited to the Owner as liquidated damages in case of 15 16 a failure or neglect of the bidder to furnish, execute, and deliver 16 17 to the Owner the required performance and payment bonds; evidences of 17 18 insurance; and to enter into, execute, and deliver to the Owner the 18 19 Contract on the form provided in the Contract Documents, within 14 19 20 calendar days after receiving written notice from the Owner that the 20 21 award has been made and the agreement is ready for execution. 21 22 22 23 C. Bond or Check to be Returned: 23 24 1. Upon execution of the Contract and furnishing of required sureties 24 25 and insurances, the bid security will be returned. 25 26 26 27 1.13 LIST OF SUBCONTRACTORS 27 28 28 29 A. List Subcontractors in Bid: 29 30 1. Each bidder shall list on the Bid in the space provided the 30 31 name, address, and description of the work of each subcontractor to 31 32 whom the bidder proposes to sublet portions of the work in excess of 32 33 30 percent of the total amount of bid. 33 34 34 35 B. Subcontractor's Qualification: 35 36 1. Owner may consider the qualifications of subcontractors listed in the 36 37 determination of responsible bidders. 37 38 38 39 C. Failure to List Subcontractors: 39 40 1. Failure to list subcontractors may render a bid nonresponsive and may 40 41 be grounds for rejection of the bid. 41 42 2. If a bidder fails to specify a subcontractor for any portion of the 42 43 work to be performed under this Contract in excess of 30 percent of 43 44 the total bid, bidder agrees to perform that portion himself. 44 45 3. No subcontractor doing work in excess of 30 percent of the total bid 45 46 and who is not listed will be used without the written approval of 46 47 the Owner. 47 48 48 49 1.14 ADDENDA 49 50 50 51 A. Acknowledge Receipt of Addenda: 51 52 1. Each Bid shall include specific acknowledgment, in the space 52 53 provided, of receipt of all addenda issued and mailed by the Owner 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 II 01 during the bidding period. Failure to so acknowledge may result in 01 02 the bid being rejected as not responsive. 02 II 03 03 04 1.15 SUBMISSION OF BID 04 05 05 1 06 A. Time and Place: 06 07 1. Bid shall be submitted at the time and place indicated in Notice to 07 08 Bidders. , , tw ' . 08 09 09 ' 10 B. Bid Delivered by Mail: 10 11 1. If the bid is delivered by mail, the envelope containing the bid 11 12 shall be enclosed in a separate mailing envelope with the notation 12 II 13 "BID ENCLOSED" on the face thereof. 13= 14 14'. 15 C. Timely Delivery: 15 16 1. The bid shall be deposited at the designated location prior to the 16 1 17 time and date for receipt of bids indicated in Notice to Bidders or 17 18 the modified time and date indicated by Addendum. Bids received 18 19 after the time specified will be returned unopened. Bidder shall 19 II 20 assume full responsibility for timely delivery at the location 20 21 designated for receipt of bids. 21 22 22 ' 23 1.16 NOTICE TO PROCEED AND COMMENCEMENT OF WORK 23 24 24 25 A. Notice to Proceed: 25 26 1. Written Notice to Proceed will be rendered by the Owner within 30 26 II 27 28 calendar days of Award. 27 28 29 B. Commencement of Work: 29 II 30 1. Commencement of Work under the Contract shall begin within 14 30 31 calendar days after receipt of Notice to Proceed. 31 32 32 1 33 1.17 SOIL INFORMATION 33 34 34 35 A. Technical Information: 35 36 1. No soils and /or geotechnical borings, investigations and report have 36 II 37 been made for this Project. 37 38 38 39 1.18 HISTORICAL AND ARCHAEOLOGICAL 39 1 40 4,0 41 A. If during the course of construction, evidence of deposits of historical 41 42 or archaeological interest is found, the Contractor shall cease 42 ' 43 operations affecting the find and shall notify the Owner. No further 43 44 disturbance of the deposits shall ensue until the Contractor has been 44 45 notified by the Owner that Contractor may proceed. The Owner will issue 45 46 a Notice to Proceed only after the find has been surveyed and a 46 ' 47 48 determination made by the Owner. Compensation to the Contractor, if any, 47 for lost time or changes in construction resulting from the find, shall 48 49 be determined in accordance with changed or extra work provisions of the 49 II 50 Contract Documents. 50 51 51 52 1.19 MEASUREMENT AND BASIS OF PAYMENT 52 53 53 1 1 00100 -5 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00100 -6 01 01 02 A. Monthly Progress Payments Based on Contractor's Application for Payment: 02 03 1. Payment to the Contractor will be made based on monthly estimate of 03 04 the value of the Work completed and approved by the Engineer 04 05 including materials and equipment delivered to the project less a 05 06 retained amount. 06 07 2. Where partial payments are made, the amount retained will be paid 07 08 upon acceptance of the Work by the Owner. 08 09 3. Stored materials and equipment: 09 10 a. The value of stored materials and equipment shall be 10 11 determined on the basis of supplier or manufacturer 11 '12 invoiced value of materials and equipment delivered 12 .13 and properly stored on site and not exceeding 90 13 ,14 percent of the installed value of the item in the 14 15 approved schedule of values. 15 16 16 17 END OF SECTION 17 :EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00301 -1 01 90H30 SECTION 00301 01 02 02 03 BID 03 04 04 05 To: City of Round Rock, Texas 05 06 221 E. Main Street � � �„ 06 07 Round Rock, Texas 78664 , 07 08 08 09 09 10 The Undersigned having carefully examined the Drawings, Specifications, and 10 11 Contract Documents, and having carefully examined the site, and having become 11 12 familiar with local conditions affecting cost of the work, location and 12 13 arrangement of piping, equipment, and miscellaneous items, and all other 13 14 factors and conditions affecting or which may be affected by specified work, 14 15 does hereby propose to furnish labor, superintendence, tools, equipment, 15 16 materials and utilities and transportation services, among other things 16 17 necessary to perform and complete in a workmanlike manner the work described 17 18 in the Drawings, Specifications, and Contract Documents in connection with 18 19 construction of East Wastewater Treatment Plant Chlorination and 19 20 Dechlorination Improvements, said Drawings, Specifications, and Contract 20 21 Documents prepared by HDR Engineering, Inc., including Addenda Nos. or-u , 21 22 , , , and , which references are made a part of this 22 23 Bid, and for the Bid Price or Prices herein set forth as follows: 23 24 24 25 1. LUMP SUM BID FOR CONSTRUCTION OF THE PROJECT: 25 26 26 27 Lump Sum Price of 27 28 Ni 1er'( Se∎t )-1 - cgoasa-&I7 SLED 1-kWrn.07 28 29 (words) Dollars and 29 30 (words) Cents. ($ 4 )"j i — loo, O° 30 31 (Figures)). 31 32 32 33 STATEMENT OF MATERIALS AND OTHER CHARGES: 33 34 34 35 MATERIALS INCORPORATED INTO THE PROJECT: $ — 17 1 7 00. ° 35 36 36 37 ALL OTHER CHARGES: $ 2-0, , oo c '''' a , 37 38 38 39 *TOTAL $ cJ t />, 0J 39 40 40 41 *This total must agree with the Total Bid above. 41 42 42 43 For purposes of complying with the Texas Tax Code, the Bidder agrees that the 43 44 charges for any material incorporated into the project in excess of the 44 45 quantity provided for herein will be not less than the invoice price for such 45 46 material to the Contractor. 46 47 47 48 48 49 PERFORMANCE AND PAYMENT BOND(S) 49 50 50 51 The Undersigned also agrees, if awarded the Contract, to furnish bonds as 51 52 required by the Specifications and Contract Documents for the faithful 52 53 performance of the work and guarantee the workmanship and material under the 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00301 -2 01 performance of the work and guarantee the workmanship and material under the 01 02 Contract for the period set forth. The Undersigned agrees to furnish the 02 03 required bond(s), to sign Contract and to furnish other required contract 03 04 forms within 14 calendar days from the date of award of the Contract. 04 05 _g 05 06 TIME OF COMPLETION AND LIQUIDATED DAMAGES 06 07 IOU$10 PEUVOXY 0P R1MP OfeLL646,CDOITAcT TIME WILL REDatize MI- 190 at WS, 07 08 As time is an essen a element of the Contract, all works shall be completed 08 09 within a period of 90 onsecutive calendar days after the date of Notice to 09 10 Proceed. For each calendar day that any work shall remain uncompleted after 10 11 the end of the said period, the amount of two hundred ($200.00) dollars per 11 12 calendar day will be assessed, not as a penalty, but as predetermined and 12 13 agreed liquidated damages to be used, in part, to pay any additional 13 14 engineering expenses incurred by the Owner after the end of the said period. 14 15 15 16 BID SECURITY 16 17 17 18 Accompanying the Bid shall be a certified check, cashiers check, or draft for 18 19 not less than 5 percent of the amount of the Bid. Such check shall be 19 20 certified or issued by a State or National Bank and made payable to the City 20 21 of Round Rock, Texas. In lieu thereof, a Bid Bond shall accompany the Bid for 21 22 not less than 5 percent of the amount of the Bid, issued by a surety 22 23 authorized to do business in Texas, and made payable to the City of Round 23 24 Rock, Texas. 24 25 25 26 In accordance with the above, accompanying this Bid is a certified check, 26 27 cashiers check, draft or Bid Bond for a sum of 5 ArnolArlr 55.7 27 28 ($ ) dollars, which shall become the property of the Owner in 28 29 case this Bid shall be accepted by the Owner, and the Undersigned fails to 29 30 execute a Contract with said the Owner and to furnish bond or bonds to 30 31 validate said Contract within 14 days of written notice by the Owner to the 31 32 Undersigned to do so. 32 33 33 34 SUBCONTRACTORS 34 35 35 36 If awarded the Contract, the undersigned proposes that the following 36 37 subcontractors will perform work valued in excess of 30 percent of the total 37 38 bid amount. 38 39 39 40 NAME ADDRESS DESCRIPTION OF WORK 40 41 42 N0 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 50 50 51 51 52 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00301 -3 01 01 02 Respectfully submitted, 02 03 03 04 M 4TDIS S Goi csT U TCO� 1 47. a L , 04 05 06 By 5tzUce .A. Mp - rbt�, s P(c�S1QTµT 06 07 (Name) (Title) 07 08 08 09 Address r 'Po%c SZSS 09 10 11 TIAI'L{i ,'r 1C0 S - 7(x9:99 1 12 ' •,..' I2 13 If awarded the Contract, our surety will be 1.lSF•A =,I13 14 ! 14; 15 .' 16 3 -n,- . Mr .. "{ Lc., -U7 = 15; 16 J 16" 17 END OF SECTION I7 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 01 01 02 SECTION 00302 02 II 03 03 04 VENDOR COMPLIANCE TO STATE LAW 04 05 05 06 06 II 07 The 1985 Session of the Texas Legislature passed House Bill 620 relative to the 07 08 award of contracts to non - resident bidders. This law provides that, in order to 08 09 be awarded a contract as low bidder, non - resident bidders (out of state 09 I 10 contractors whose corporate officers or principal place of business are outside 10 11 of the state of Texas) bid projects for construction, improvements, supplies or 11 12 services in Texas at an amount lower than the lowest Texas resident by the same 12 ' 13 amount that a Texas resident bidder would be required to underbid a non - resident 13 14 bidder in order to obtain a comparable contract in the state in which the 14 15 non - resident's principal place of business is located. The appropriate blanks 15 16 in Section A must be filled out by all out -of -state or non - resident bidders in 16 ' 17 order for your bid to meet specifications. The failure of out -of -state or 17 18 non - resident contractors to do so will automatically disqualify that bidder. 18 19 Resident bidders must check the line in Section B. 19 ' 20 20 21 A. Non-resident bidder in (give state), our 21 22 principal place of business, are required to be percent 22 II 23 lower than resident bidders by state law. A copy of the statute is 23 24 attached. 24 25 25 26 Non - resident vendors in (give state), our 26 II 27 principal place of business, are not required to underbid resident bidders. 27 28 28 29 B. Our principal place of business or corporate offices are in the State of 29 I 30 31 Texas. ✓ 30 31 32 BIDDER: 32 1 33 34 33 MAYDl1 5 /�1C1 wC�l�r! Lo y �NtBy: gl A• f/Ifl - c o�S 34 35 Company (please print) 35 II 37 1\1\01-- 36 37 Address �7p� G iZci} 7 Signature: 37 38 Address 38 39 39 ' 40 'rQiur l'&16 7loclO Title: PP -esir7 *-1..-1 40 41 City State Zip (please print) 41 42 42 43 44 ' 44 THIS FORM MUST BE RETURNED WITH YOUR BID 44 45 45 46 46 ' 47 47 48 END OF SECTION 48 49 49 1 1 1 00302 -1 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00500 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 89E31 SECTION 00500 01 02 02 03 CONTRACT 03 04 04 05 THE STATE OF TEXAS 05 06 06 07 COUNTY OF WILLIAMSON 07 08 08 19 Ifs 09 10 THIS AGREEMENT, made this �"�— day of 19 by and 10 11 between the City of Round Rock, Texas hereina ter called "Owner" and 11 12 M MUS Cor15' R Two Go. 114e..... of , 12 13 , hereinafter called "Contractor." 13 14 14 fj 15 The Contractor did on the " day of IACtZ. 4} , 194, 15 16 submit a Bid on the following items: 16 17 17 18 of certain plans, drawings, specifications and other Contract 18 19 Documents prepared for the Owner by HDR Engineering, Inc. of Austin, Texas 19 20 hereinafter called "Engineer," entitled "Contract Documents and Specifications 20 21 for the construction of East Wastewater Treatment Plant Chlorination and 21 22 Dechlorination Improvements" and previously filed with the Owner, which Bid 22 23 is by reference made a part hereof. 23 24 24 25 It is mutually understood and agreed by the parties hereto that the Notice 25 26 inviting Contractors to bid as published; the Information or Instruction to 26 27 Bidders; the Conditions of the Contract (General, Supplementary and other 27 28 conditions as they may be titled); the Specifi'ca'tions; the Bid; the 28 29 Performance and Payment Bonds; all proceedings by the governing body of the 29 30 Owner relating to the subject matter'of this Contract; the Plans; and Addenda; 30 31 all of which documents are hereinafter referred to as Contract Documents and are 31 32 a part of this Contract by reference same as if each had been fully set out 32 33 and attached hereto. 33 34 '.34 35 In consideration of the following mutual agreements and covenants to be kept;, 35 36 by each party; i 36 37 ° r37 38 a. The Contractor agrees to furnish and pay for all plant, labor, mechanics,438 39 tools, materials, equipment, machinery, supplies, works,'facilities, testing; 7 . 39 40 means, methods, techniques, transportation, superintendence, insurance, taxes, 40 41 utilities and services necessary to perform all items set forth in the Bid 41 42 hereto attached and made a art hereof in strict compliance with the Contract 42 43 Documents for a sum of $ c111 , subject to adjustment as provided 43 44 in said documents. 44 45 45 46 b. The Owner agrees to pay the Contractor in accordance with the provisions 46 47 of the accepted Bid and other Contract Documents. 47 48 48 49 c. It is mutually agreed by each party hereto that all provisions of the 49 50 Contract Documents shall be strictly complied with and conformed to the same as 50 51 if rewritten herein, and that no substitution or change in said documents shall 51 52 be made except upon written consent of the Owner and the Engineer, in the form 52 53 of a Change Order, and such allowance shall in no manner be construed to release 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00500 -2 01 either party from any specified or implied obligations of said Contract 01 ' 02 Documents. 02 03 03 04 d. This Contract is let subject to the following special provisions: 05 04 ' 05 06 IN WITNESS WHEREOF, the parties hereto affix our signatures and seals the day 06 07 and year first above mentioned. 07 ' 08 08 09 09 10 (S OWNER: 10 ' 11 11 12 E City ou k, Texas 12 13 13 14 15 A By / 14 ' 15 16 L) Title: Mayor 16 17 17 18 18 19 ATTEST: 19 20 20 II By b 21 22 22 23 Tit e: City Secretary' 23 24 25 24 t 25 26 (S CONTRACTOR: 26 27 28 E M AWUf /orl�fi?tSG-Clon1Go, -16. 27 ` 29 29 30 A By li'Q-g. 30 ' 31 31 32 L) Title E5l7 4t 32 33 33 — 34 ATTEST: 34 II . 35 36 By cm -vcx,. cj 36 37 37 ' 38 Title CL ACZ � k-I 38 39 39 r . ' EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS s- W 1 14111 !�1G1111?7�ffG�111k '11Vffifltl! Jnl Ullf If11 1llYtU4�11i11 RI LIAVtYi/(L? UKl IlllitUOVII tt.11i=WISILMIfifit UNITED STATES FIDEL KNOW ALL MEN ET THESE PRESENTS: THAT BID BOND of A.f:,mple.....IYzas ARANTY COMPANY BOND NUMBER Matous Cons trvai.01,,,G.a.a.e.L1C GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto Gdty...af3.at ud...RoAk as Obligee, in the full and just sum of fime...per cent ...af...the...Greatest...Amount Bid by Principal (5Z of Amt. Bid) as Principal , and UNITED STATES FIDELITY AND Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the said Principal is herewith submitting its proposal East Wastewater Treatment Plant Chlorination and Dechlorination Improvements THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to he void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered Mar.ch...a ..1.994 Mate) 0 "\ MM.:r... .S.,l.�..7�, .. .. R11te u.S.. &.t'on SEAU SEAL) TED STATES FIDELITY AND GUARANTY COMPANY Attorney- in-fact a 7l/ ankmE111C91itlllta? IdAi4RC ?AfftllllC91Aiut9J116'(ti1C7111} ca l vrlL 1t1 91ffi(154 L )fO dJA1lh 7JilC.o� JD. :�1185NfG': Contract 11 (Revised) (1 -14) KNOW ALL 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 Stale of Maryland, does hereby constitute and appoint Glenn Richards, Emily Mikeska and David Nix of the City of Temple , State of Texas its true and lawful Attomey(s )-ia -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business ofguaraoteeiog the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 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 Senior Vice President and Assistant Secretary, this 6 day of November , A.D. 19 92 STATE OF MARYLAND) BALTIMORE S 3 (10.92) UNITED STATES FIDELITY AND GUARANTY COMPANY N9 3 4 7 5 7 POWER OF ATTORNEY NO. 105180 (Signed) By (Signed) By SS: UNITED STATES FIDELITY AND GUARANTY COMPANY , 'Q Assistant Secretary CITY ) �` C S 4 � � On this 6th day of November A•D.S9992 bO ff fo oremepers �na ' anie Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AN ,F RANTY COMPANY ike Paul D. Sims , Assistant Secretary ofsaid Company, with both of whom I am � c aialed, who being me severally duly swo "{jl that They, the said R J. Lamendola and Paul D `Sy-}){s 4 4 , w ere respectiv I t bnior Vice Presider and the Assistant Secretary of the said UNITED STATES FIDELITY AND c U 'NTY COMPANY, theca ration described in�and> 'clfexecuted the foregoing Power of Attorney; that they affixed each knew the seal of said corporation; t al axed to said Power wan such co al, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by lik oe ria's Senior Via Presgern Assistant Secretary, respectively, of the Company. My Commission expires the llth day in March • 14p 14 95. f t om. 1 • .. .. NOTARY PUBLIC This Power ofAuoraey is granted under and byy,� t poty the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septembe?4 -- RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Altomey issued in accordance with These resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each art. foregoing officers and the seal of the Company may be affixed by facsimile to any Powero Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond orundeztakiog to which it is validly attached. RESOLVED, that Attomey(s }io -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the ferns and limitation, of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the sabre thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certity that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effeeL 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of ITEI`'STATES FIDELITY AND GUARANTY COMPANY on this 8th day of March .1994 . Assistant Secretary UNITED STATES FIDELITY AND GUARANTY COMPANY US to, - III IIIItI STATE OF TEXAS TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) COUNTY OF Bell Bond Number 72- 0120- 10152 -94 -1 KNOW ALL MEN BY THESE PRESENTS: That ...T;1s3.4P. & tug CTgn, C4mpanY.,. rnc.... P Q..1}9x 258 Temple, TX 76505 (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock, Texas 221. r,,,M, i.4.St .Rusk. 1>f...7$644 (hereinafter called the Obligee), in the penal sum of Ninety seven thousand seven hundred dollars and 110/ 100 Dollars ($ 97, 700.00 ) for the payment of which sum well and truly to be made, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 1994 , a copy of which is hereto attached and made a part hereof, for Construction of East Wastewater Treatment Plant Chlorination and Dechlorination Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in acordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govemment Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. c , s IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 9.4.... ptatus Costr c iqn Cpmpany,Inc. By UNITED SLATES FIDELITY AND GUARANTY COMPANY enn Richar *Pursuant to the Supplementary General Conditions Section 00805 contraa213(ionu)(1 -e4) see attached Maintenance Bond. ."4" , J 7. (Seal) (Seal) (Seal) Attorney -In -fact 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNITED STATES FIDELITY AND GUARANTY COMPANY TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF Bell Bond Number . 72- 0.120 10.1,52 -94 —) KNOW ALL MEN BY THESE PRESENTS: That Matous Construction Company, Inc. P.0 Box 5258 Temple, TX 76505 (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto . City . {If . Round . Roc k 221 E. Main Street, Round Rock, TX 78664 (hereinafter called the Obligee), in the penal sum of Ninety.. seven. thrtusAUd..sevcn.hundre.d.dnllArs and no/100 ($ 97,700 ) for the payment of which sum well and truly to be made, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19 94.... , a copy of which is hereto attached and made a part hereof, for Construction of East Wastewater Treatment Plant Chlorination and Dechlorination Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in acordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govemment Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 199/ .Matous .0 nstruction.Company,lnc... Dollars (Seal) (Seal) D STATES FIDELITY AND GUARANTY COMPANY By (Seal) Emily Mi ska r A!tarneyIndact 'Contract 213 (Texas) (1 - 94) * Pursuant to the Supplementary General Conditions Section 00805 ,ee attached Maintenance Bond. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, acorporation organized and ousting under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the Stale of Maryland, does hereby constitute and appoint Glenn Richards and Emily Mikeska of the City of 'I etnple , State of Tawas its 1550 and lawful Attorney(s)-in-Fact each to their separate capacity emom than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, uodettaldogs, contracts and other written instruments to the nature (hereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or pemutted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this iastnument to be sealed with its corporate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this 12th day of November , A.D. 19 93 • STATE OF MARYLAND) SS: BALTIMORE CITY ) FS 3 (10-92) UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) By (Signed) By UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 108012 On this 12th day of November A:D. 1993 , before me inzi.41yhme Robert J. Lamendola Senior Vice President of the UNITED STATES FIDEL1'I UARANTY COM Paul D. ims . Assistant Secretary of said Company, with both of whom I ank ly acquainted. who i (9 me severally duly awp gi e a� at they, the said Robert J J. Lamendola and Pao] l Sims . were respect b mor Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY ANs 1YA'RANTY COMPA pcorpornion described i;n�app E executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to sad � f Attorney was such .�otpoiatF seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto Iirye frier as Senior Vrce Pr l ptffed Assistant Secretary, respectively, of the Company. My Commission expires the llth ddo to o March f� A}D `} v1 � 99 955. .. �.- (SigneA ... . y ... 1 - (C. ? reKi'. ,.. Senior Via President 4 g0 NOTARY Secretary NOTARY PUBLIC Assistant Secretary 699102 This Power of Attorney is granted under md4)y1 uthonty the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septe 1992: RESOLVED, that in connection with the fidelity and suety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attoreey(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney forced on behalf of the Company may and shall be executed io the name and on behalf of the Company, either by the Chairman, or the President, orao Executive Vice President, ora Senior Voce President, ora Vice President orm Assistant Vice President, jointly with the Secretary orm Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of emh of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, soy such Power of Attorney or certificate beanng such facsimmle signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to soy bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and mthonry, unless subsequently revoked red, in my case, subject to the temss and limitations of the Power of Attorney issued to then, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -ice -Fact shall be as binding upon the Company as if signed by m Execubve Officer and sealed and attested to by the Secretary of the Company. 1. Paul D. Sims • an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in fu11 force and effect I, the undersigned Assistant Secretary of the UNITED STATES FIDELITI AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and by not been revoked. is Testimony Whereof, l have hereunto set my hand and the seal oft !TED STATES FIDELITY AND GUARANTY COMPANY on this day of , 19 . C\ 9 4!. ($ • UNITED STATES FIDELITY AND GUARANTY COMPANY IISIItitl 97,700 Contract 214 (T :7417;;1 TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF Bell Bond Number 72-0120- 10152 -94 -1 KNOW ALL MEN BY THESE PRESENTS: That Matoup GPM r.Mcr.i0D..COmparty loc. P.0 Box 5258, Temple, TX 76$05 (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock, Texas 221 r.Ma �tt. S.KreGt... Hoch, . TX ...7.86.44 (hereinafter called the Obligee), in the penal sum of • Ninety seven thousand seven hundred dollars and no /100 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19 94 , a copy of which is hereto attached and made a part hereof, for Construction of East Wastewater Treatment Plant Chlorination and Dechlorination Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govemment Code and all liabilities on this bond to all such claimants shall be determined in accordance with the • provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 94 Matous Constructio❑ Company. Inc. UNITED STATES FIDELITY AND GUAFtANTY COMPANY By Glenn Richards Dollars — (Seal) Attorney In -fact 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 USE +C" I11II Itl UNITED STATES FIDELITY AND GUARANTY COMPANY STATE OF TEXAS COUNTY OF BELL KNOW ALL MEN BY THESE PRESENTS: That .Matous . Con &t rue Lion. Company. P.0 Box 5258 Temple, TX 76505 TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) Bond Number . 7.2- 9.129 - 19.1.52- 9.4- .1....... (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto ..City. y. ot. Round. Rock, Texas 22. 1 .C•..k14i1 8MCCP.s.Ra4Pd.RPck, TX and no /100 78664 (hereinafter called the Obligee), in the penal sum of Ninety seven thousand seven hundred dollars ($ - -97 700 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19 94 ... , a copy of which is hereto attached and made a part hereof, for Construction of East Wastewater Treatment Plant Chlorination and Dechlorination Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govemment Code and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. ' . IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 .9.4.,.. ...1`1Gti A cam- C-5-77) ry µ�r contras 214 (Texas) (774) Matous �CJ(o�ns ruction Companyjnc, By (Seal) (Seal) D ST TES FIDELITY AND GUARANTY COMPANY - (Seal) Aporrey -in -tact Emil t - .•s ka Dollars KNOW ALL 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 pnccipal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Glenn Richards and Deily Mikeska of the City of TerIpie , Stare of Texas Rs true and lawful Attorney(s)-in-Fact, each in their separate capacity if mom than one is named above, to sign its name as surety lo, and to execute, seai and acknowledge my and all bonds, undertakings, contracts and other written mstnunents in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or pemutted in any actions or proceedings allowed by law. 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 Ibo signatures of its Senior Vice President and Assistant Secretary, this 12th day of November , A.D. 1993 - O " Assistant Secretary On this 12th day of November � A i 1993 , before mepe anilyl came Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY ljli 3UARANTY CO PANtan Paul D..Sims , Assistant Secretary of said Company, with both of whom I a9a Re�an1�11y acquainted, who 4e severally d sw aa they, the said Robert J. Lamendola and Pa Sims NW G , were respectiv emir Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AN A N COMPAIeotporation described i9 a htc executed the foregoing Power of Attorney; that they each knew the seal of said co affixed ration; that t e seal axed to size t o f Anomey was suchgomorate seal, that it was so affixed by order oldie Board of Directors of said cmpontion, and Thal they signed their names thereto 'lik bider as Senior Vice P tide bed Assistant Secretary, respectively, of the Company. My Commission expires the llth Vol? : March .,-,_ D. 19 95. .,-,_ ,,,..,,,\.0k)' NOTARY PUBLIC This Power of Attorney is granted under an If uthonty of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septe er 24, 1992: RESOLVED, that is connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other muniments relating to said busmen may be signed, executed, and acknowledged by persons or entities appointed as Anomey(s)-m -Fact pummel to a Power of Anomey issued m accordance with these resolution. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vree President, or a Senior Vice President, ora Vice President or Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s).in -Fact for purposes only of executing and attesting bonds and undertakings and other wntings obligatory m the nature thereof, and, unless subsequently revoked and subject to my limitations set fonb therein, any such Power of Attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and candied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in my cue, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as of signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D. Sims ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full forte and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of t)(e I E STATES FIDELITY AND GUARANTY COMPANY on this day of . 19 STATE OF MARYLAND) BALTIMORE CITY ) FS 3 (10-92) UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) By (Signed) By SS: POWER OF ATTORNEY NO. 108012 (Sign . UNITED STATES FIDELITY AND GUARANTY COMPANY Senior Vice President Assistant Secretary 699104 .. �.,- °-- ,.�,•, ; :,air;' ; . , •;.� r,�,,', EE OEIIiYdN O , [UNITED STATES EIDEEIT r ;,, - E.IARANTY COMPANY (A`SIoe)' bm any) MAINTENANCE BOND BOND NUMBER 7.2 -8.120 ,10.1.52 -94 -.1 KNOW ALL MEN BY THESE PRESENTS, That we, Matous Construction Company, Inc. P.0 Box 5258, Temple, TX 76505 (hereinafter called the Principal), and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation (hereinafter called the Surety), are held and firmly bound unto City of Round Rock, TX (hereinafter called the Obligee), in the full and just sum of . Ninety seven thousand seven hundred and no /100 (97,700) ........ ........ ....... ... Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated I or construction of ,East Wastewater Treatment Plant Chlorination and Dechlorination Improvements which contract has been or is about to be completed and accepted AND WHEREAS, specifications and contract provided that kta taus.. Construction ..Company.,... should guarantee the project free from detects caused by faulty workmanship and materials for a period of - one — year) general wear and tear excepted. NOW, THEREFORE, If the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of one year then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered Witness as to Principal Contract 270 (8.78) 221 E. Main Street, Round Rock, Tx 78664 Matous Constr C1 ct }on Company, Inc. (Seal) (Seal) (Seal) UNITED STATES GUARANTY COMPANY iimfact 1 1 1 1 1 1 1 FT-4 P.O Box 5258, Temple TX 76505 (hereinafter called the Principal), and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation (hereinafter called the Surety), are held and firmly bound unto . City of Round Rock, TX (hereinafter called the Obligee), in the full and just sum of Ninety.. seven ...thousand...sev.en...htuud.red and..no %.10.0 . . .. .. (91,100) Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated.... which contract has been or is about to be completed and accepted. AND WHEREAS, specifications and contract provided that ....1;1a. taus... CAns. trnc .t.i..on...Company.,.I.fxc.. should guarantee the project free from defects caused by faulty workmanship and materials for a period of --ono-- year$ general wear and tear excepted. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of one year', then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered KNOW ALL MEN BY THESE PRESENTS. That we, „'Saeu � _ UNITED STATES FIDELIT UARANTY COMPANY rr y ✓ (A`Stock' Witness as to Principal 1 _ MAINTENANCE BOND 221 E. : Main Street. Round Rock. TX 78664 for construction of East Wastewater Treatment Plant Chlorination and Dechlorination Improvements Contract 270 (9.78) Matous Construction Company Inc. .Mat Cons truct ion .Company,.I.nc. (Seal) .':i off,.,,, "7r( 711-" ; --1 y' eriq.! : BOND NUMBER . (Seal) (Seal) FIDE ND GUAR COMPANY Q 1 'Atturneyin•fact KNOW ALL MEN BY THESE PRESENTS: Thal 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 Glenn Richards and Emily Mikeska of the City of TeBple , Slate of Terms its we and lawful Attorney(s)-in-Fact each in their sepatate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company rn its business of guaranteeing the fidelity of persons; guarxnleemg the perfonoaace of contracts; and executing or guaranteeing bonds and undertakings required orpertmtted in any anions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with as caryorate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this 12th day of NCverTbeT: , A.D. 1993 . on this 12th day of November A:U. 19 93 . before me persw Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELIT f2GUARANTY COMP Nt Paul D. Aims , Assistant Secretary of said Company, with both of whom 1 am ReT ly acquainted, who bein, me severally duly swo a1 that they, the said Robert J. Lamendola and Pat 1r_ n Sims �� were respecElylpdnior Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AN� ITRRANTY COMPAN , h t 0 for,oratio. described ilkan w c be i executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that The seal affixed to said toS -ttr f Attorney was such corrppoor0 seal, that at was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto 'Larder as Senior Vice P staeOIIad Assistant Secretary, respectively, of the Company. My Commission expires the llth d, n Harch , .'lv 95 g. O �(` NOTARY PUBLIC This Power of Attorney is granted trader aad uth of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, uedertakrags, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)nn -Fact pursuant to a Power of Attorney issued in accordaoce with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, ora Vice President orao Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under (heir respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s).in -Fact for purposes only of executing and attesting bonds and undertakings and otherwntings obligatory in the nature thereof, and. unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s }io-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitation of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Atlorney(s )-in •Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of Ibe Company. L Paul D. Sims an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby centfy that the foregoing is a (me excerpt from the Resolution of the said Company as adopted by its Board of Dtiectors on September 24, 1992 sod that dm Resolution is in full force and effect. I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, l have hereunto set my band and the seal of t$e IT ED STATES FIDELITY AND GUARANTY COMPANY oo this day of ,19 L pp , \J 17.,.." V . STATE OF MARYLAND) BALTIMORE CITY ) FS 3 (10.921 UNITED STATES FIDELITY AND GUARANTY COMPANY UNITED STATES FIDEWTY AND GUARANTY COMPANY (Signed) By ;211 (Signed) By SS: POWER OF ATTORNEY NO. 108012 )2 Senior Vice President Assistant Secretary Assistant Secretary 699108 LI:I01:1:.. CERTIFICATE OF INSURANCE PRODUCER CS 00605 IBSUEDATE (IAMIDDMT n 03/28/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1HARDS DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INS. AGENCY COMPANIES AFFORDING COVERAGE '. 0. BOX 3623 114PLE TX 76505 aommw A TX WORKERS COMP FUND LETTER CCMPANV B WESTERN ALLIANCE RED LETTER COMPA c PROVIDENCE WASHINGTON LETTER TOUS CONSTRUCTION 'OMPANY, INC. COMPANY 110. BOX 5258 MPLE, TX 76505 D COMPANY E LtII I VERAGF p p . EE p F q TO AL T , ED RI F C MA BE I OR PERT N T INSURANCE AF E O BY TH P ES H BE N IS S I & N C T EXCLUSIONS AND CONDITIONS OF SUCH POLI6IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY EFFECTIVE POLICY EXPIRATION LINKS TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (NIMAID/YY) .TR Gomm Lamm TCX817688 01/12/94 01/12/95 GENERAL AGGREGATE PRODUCTS- COMP/OPAGG $ 2,000,000 $ 2,000,000 X MMERCWL GENERAL LIABILITY PERSONALS ADV. INJURY 8 1,000,000 WMS MADE nOCCUR EACH OCCURRENCE OWNER'S& CONTRACTOR'S PROT. 8 1,000,000 FIRE DAMAGE (Any one fire) S 50,00C ' MED DP.(A,y one person) $ 5,OOC AUTOMOBILE LABILITY TAX3B7984 01/12/94 01/12/95 COMBINED SINGLE ANY AUTO UMR $ 1,000,00C BODILY INJURY ( Per person) I X X ALL OWNED AUTOS 8 X SCHEDULED AUTOS BODILY INJURY Per accident X HIRED AUTOS X NON -OWNED AUTOS GARAGE UABILT• PROPERTY DAMAGE 8 ' EXCESSUABILTTY CU486748 01/12/94 01/12/95 EACHOCCURRFNCE S 1,000,OOC AGGREGATE 8 1,000,000 X— TBRBUT.A OTHER THAN UMBRELLA FORM TSF11974200 02/01/94 08/10/94 Immura'UMITB EACH ACCIDENT ' WORKER'S COMPENSATION 8 100,000 AND DISEASE-POLICY UMIT 8 500,000 EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE 8 100.00Q I OnLER *30 -day Writtsn notice °to: City of Round Rock Joanne Land /City Secretary 221 E. Main St Round Rcck, TX 78E64 ESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS Contract amount: $97,700 E: CONSTRUCTION OF EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORI TION IMPROVEMENTS. WAIVER OF SUBROGATION ISSUED IN FAVOR OF OWNER AND ADDI IONAL INSURED ENDORSMENTS FOR OWNER ISSUED ON ALL POLICIES EXCLUDING WORK COMP ERTIFICATE; H OLDER CANCELLAUO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ROCK, TEXAS II MAIL * anDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF ROUND • LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 221 E° MAIN STREET • LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE RO UND ROCK, TX 78664 RICHAROS INSURANCE AGENCY C nnon�IC .ar7ront •• ... �A CORDCORPORAT1Dt1199G AI INSURANCE BINDER 1 3/29/94 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER (AIC.No,E>ti: 817 778 -1607 COMPANY Western Alliance BINDER* Richards Insurance Agency P.0 Box 3623 Temple, TX 76505 DATE TIME DATE a."."u 1071 now 4/11/94 12:01 X � �', 5/11/94 % 1291 AM NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PEA EXPIRING PODGY r CODE: I SUB CODE: AGENCY CUSTOMER ID: DESCRIPTION OF OPERATIONS /VEHICLES/PROPERTY (I eluding Location) Project: Construction of East Wastewater PT Treatment Plant Chlorination and Dechlorinatior Improvements Amount: 97,700 Contractor: Matous Construction Co.,Inc. 'Ny of Round Rock, Texas and its agents and employees 1 221 E. Main Street Round Rock, TX 78664 1 COVERAGES LIMITS I PROPERTY TYPE AND LOCATION OF PROPERTY 1 COVEFIAGEIPEINLS/FDA6 A,gUNT DEDUCTIBLE CONS % 1 LIABILITY COVERAC.EIFO(WS ive FORM: n A n. n C EACH OCCURRENCE AGGREGATE BODILY INJURY $ $ I SCHEDULED FORM R COMPREHENSIVE FORM I I _ PREMISESOPERADONS PRODUCTS/COMPLETEDOPERATIONS CONTRACTUAL PROPERTY DAMAGE $ $ BI A PD COMBINED $ 500,n00 $1,00/V,000 PER PERSON MEDICAL PAYMENTS PER ACCIDENT $ 1( 1 I — ER (1T�TnPTC A. (:nnr,-artorS Protect $ MEDICAL PAYMENTS PERSONAL INJURY PERSONAL INJURY $ $ AUTOMOBILE I SCHEDULED _ I LIABILITY ANY AUTO ALL OWNED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY • COMBINED SINGLE LIMIT $ INJURY BODILY N rs $ BODILY INJURY (Per acdde,d) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ S AUTO I COLLISION. PHYSICAL DAMAGE DEOUGTBLE J ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE S , STATED AMOUNT THAN COL: OTHER I OTHER EXCESS I UMBRELLA LIABILITY FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE $ SELF - INSURED RETENTION $ I I WORKER'S COMPENSATION AND FIIPLOYFA'S LIABILITY 1 STATUTORY MITTS EACH ACCIDENT S DISEASE -POJCY LIMIT S DISEASE - EACH EMPLOYEE $ G O NS' 1 OTHER COVERAGES 1 NAME & ADDRESS I — — I _ MORTGAGEE T LOSS PAYEE _ ADDITIONAL INSURED LOAN* 'r CHARDS INSURANCE AGFr1CV Richards Insurance Agency ACORD 75 NOTE: IMPORTANT STATE INFORMATION ON'REVERSE SIDE ACORD CORPORATION 1993- KCORD'75 -N (3/93) CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policyQes) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the. - Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy.- If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. • ;4 „ �•;. -fit. __-'.,....SS'+� Applicable in Nevada 1 General Liability PWG 312 4/93 COVERAGE IS PRO\DE1) BY TI IB CONlINY xmnvIN 1/ II, m/cuRv TI I FpGROU p /m`vx^yn SIN( 1, nvv Texas Commercial Package Policy \YrvnnAUuno Arflcle 5.1721 ofthe Texas Insurance Code requires thatyour insurance company provide and maintain accident preven- Uonfaoi|iUnumyouthopoUnyko|dor.Comaotyourinoumnoo company for further information. 1 1 1 1 POLICY SCHEDULE OF NAMCS AND ADDRECSE COMMERCIAL PROPERTY COVERAGE PART D1-CI RA rION 1 COMMERCIAL GENERAL LIABILITY COVERAOE 1 AR1 DECLARATION II COMMERCIAL GENERAL LIABILITY CLASSIFI SCHEDULE COMMERCIAL PACKAGE POLICY FORMS INVEI41yRY II * ADDITIONAL INSURANCE LINE DOCUME•1C A FTACHED 1 1 1 1 1 1 1 1 1 COMMERCIAL PAcAfiE 1 1 1 1ABLE OF CONIENTS POLICY NUMBER TCX 08176SS 00 NAMED INSURED: MATOUS CONSTRUCTION CO. INC. COMMERCIAL PACKAGE POLICY DECLARAFICO31 li oRM NO. INDEX ISSUED 03/02/94 THFGROUP IP INSURED COPY WESTERN ALLIANC1- INSURANCE COMPANY 1 1 ' - FOLIC:Y NUMBER: 'ICX 0817 00 NAMED INSURED: MATOUS CONSTRUCT ION CO.. 1NC. 1 1 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: Il yDU MAY CALL C'OMF'ANYS TOLL -FREC TELEPHONE NUMBER FOR INFORMATION OR t o MAKE A COMPLAINT AT 1 1 1 1 1-800-202-9710 YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION I ON COMPANIES. COVERAGES. RIGHTS. OR COMPLAINTS AT 1-800-252-3439 ' YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TX 78714 -9104 'FAX #(512) 475 -1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONC.EIINING YOUR REMIUM OR ABOUT A CLAIM YOU ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR THE COMPANY FIRST. IF THE DISPUTE IS NOT "RESOLVED/ YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ' ATTACH THIS NOTICE 10 YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOMC A PART OR ,CONDITION OF THE ATTACHED DOCUMENT. INSURED COPY WCSTERN ALL.IAIICC 1 1:LIrAIlCC. COMPANY THF GROUP AV I SO I MPORTANTE PARA GOTENER It•1FORMA(ION 0 PARA r iMI_TER UNA QIJEJA: USTED r'UEDE LLAMAR AL NUMEEO DE TELErONO GRATIS DE LA COMPANIA PARA INFOLiMACION 0 PARA 3UMETER UNA OLIEJA AL 1 - 5:00 - 25i;.- 9710 rum: C.0l1UNICARSE COI'•! EL DErARTAMENTO i)EE' SEGIJROS DE TEXAS PARA OBTERNER INFORMATION ACERCA DE C.OMPAN1AS, COIIERTURAS. DERECHOS 0 GUEJA AL 1--100 PUEDC ESCRILIIR AL DF.PARTAMENTO DE SEGUIiOS DE TEXAS r.o. BOX 1491 04 AUSTIN. TX 78714-9104 rA)( .1(512) 475- 1771 DISPUTAS 30811E PRIMAS 0 REC:LAMOS: SI i IENF UNA IYISPUTA CONCERNIENTE A t71i PRIMA 0 A LIN RiEC.L.AMO, DEIIE COMUNICARSC C!N EL AGENTE 0 LA CCU +IF'ANIA PRIMER°. L",I NO SE RESUELVE LA DISP'UTA/ F'UEDE ENTONC:ES C:OMUNIC.ARSE CON EL. DEPARTMENT° TDI. IJNA ESTE AVISO A 3U POLIZA: ESTE AV1 U ES SOLO PARA F'i-'lOPOSITO DE INr CUlMACiCII\I Y NO SE CONIERTE EN PARTS 0 C.CNDIC:(ON DEL DOCUMENT° ADJUNTO. 1 1 1� MATOUS CONSTRUCTION CO., INC FO BOX 5258 TEMPLE, TX 76505 'USTOMER 1l1JNIBER: WESTERN ALLIANCE IHSURAI'R E CoNrAN'f TEXAS COMMEkCIP1 PACKAGE f- 'OKICY COMMuN F'OL_ICY DECLARATIONS •LICY NUMBER TCX 0817682 00 LOCATION OF PREMISES : SEE ATTACHE)) 11 EDUI E 1l,MED INSURIED AND MAILING ADDRESS i,GENCy NAMF AND ADDRESS KICHARUS INLI AGY :005 BIRD CREEK Dr PO BOX 3628' FEMFLE, TX 761=05 AI;E NUML 217304e- I LICY F'ERI:+D: FROM: JAN. 12., I'7'v4 DJ: -IAN. 12, )995 12:01 A.M. STANDARD TIME AT 1 (Al ION OF LIESCRIDED PROPERTY. 1115INESS DESCRIPTION: DID 'S6WAGF; WANTS 1 'IA 1 ER FLAWS IN RETURN FOR THE PAYMENT OF THE PREMIUM), AND SUBJECT TO ALL TFIIY TERMS OF THIS IL LICY, THE COMPANY INDICATED AI :OVE AGRI :ES YO PROVIDE THE INSURANCE AS STATED THIS POLICY. 1 THIS POLICY CONSISTS OF THE FOOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICAT'EI). THIS PREMIUM MAY BE SUBJECT TO ADJUSl1*IFNT. I MMERCIAL PROPERTY COVERAGE PART -TEXAS STANDARD POLICY ECTRONIC EQUIPMENT PROTECTION PART COMMERCIAL GENERAL. LIADILITY COVEF1AG'E F'ARF 'F ILER AND MACHINERY COVERAGE PART +MMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PARTfl I•, MMERCIAL GLASS COVERAGE PART .OFESSIONAL L_IABILLTY COVERAGE PARI 1 1 IUNTERS I GNED 1 RM NO. COIYIMONDEC. 1/8Q INSURED COPY (DATE) TOTAL PROVISIONAL PREMIUM: F/.YAKL_E AT INCEPTION: THE �y®_(i PREMIUM 25.00 1 100.00 .� 15,870.00 $ 15,995.00 $15,995.00 I TICLE 6.11: POLICY A LIQUIDAT - F-)1 DEMAND A rim-. INXURAi'J+:E POLICY, IN CASE OF TOTAL LOSII IIY FIRE: OF PROPERTY 1N UXL1., SHALL DE HELD AND CONX;IDERED TO DE A LIQUIDATED DEMAND AGAINST THE COMPANY F i+R THE FULL AMOUNT OF SUCH POLICY. E PROVISIONS OF THIS ARTICLE 1 -TALL Nor APPLY TO P RsON � :l 7F`U :RTY. :i RICHARDS INSURANCE AGENCY r '' - (ALJ'THORI: :GT+ REP1E:SENTATIVE) TS1•UE.D 03'0 /94 1 1 1 POLICY SCHEDULE OP NAME'', AND ADDRESSTC POLICY NUMBER TCX 0B17608 00 1 NAMED INURED : mArous cnNsTRucTION tO.; INC. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LOCATION 0001 1506 COMMERCE TEMPLE, TX 76505 II RM NO. COMMONA 1 ISSUED 03/02,4 THIPGIWUP INSURED COPY WESTERN t INSUPANCE COMPANi 1 TEXAS STANDAI:E F 0LICY 1 LICY NUMBER TC)( 0817668 00 NAMED INSURED: MAT0US CO :11VSTRUC ( 1t•!C, -JLICY PERIi_1D: FROM: JAN. 121 19 1 .JAN. 1:'_, 1995 AT 12:01 A.M. STANDARD TIME AT {FE 1 OCATION OF PROPERTY. L SINESS DESCRIPTION: II.D SEWAGE /WASTE WATER PLANTS 1 PERIL (S) F FIRE AND LIGHTING EXTENDED COVERAGE — WINDS-.TORM HURRICANE, HAIL, EXPLOSION, RIOT, CIVIL COMMOTION, SMOKE, AIRCRAFT AND LAND VEHICLES 1 R RENTS OR RENTAL VALUE I (NOT TO EXCEED $ A MONTH) EXPLOSION TOTAL PREMIUM: $25.00 IIIRMS APPLICABLE ' 1'U THIS POLICY FART: E / 6/91 TCPP5 9/91 29C 12/91 13r :3/90 1c 4 10/82 200 12/70 1 1 1 1 1 1 L RM NO. TEXASDEC 6/88 p77A�� (S,UF.D 0:3/02./ 94 Trieg11!toue 1 INSURED COPY WESTERN ALLIANCE INSURANCE COMPANY CODES FIRE. Ft UL:SF TOTAL INSURANCE PERIL PREMIUM $6.00 $4.00 $13.00 1 1LICY NUMBER TCX 00176Oc 00 NAMED INSURED: MATOUS CONSTRUCTION t INC. 1 4 CONSIDERATION OF THE STIPULATIONS AND CoNDIT1:NS HEREIN RICH ARE MADE A PART OF THIS POLICY, AND OF FEE mEMIUMC; IS COMPANY DOES INSURE THE ABOVE NAMED INSURED AND LEGAL i R THE POLICY PERIOD SPECIFIED AGAINST DIRECT LASS RESULT THE PERILS (L.ISTED BELOW) WHICH HAVE A PREMIUM INSERTED THERETO AND ONLY UN THE PROPERTY DESCRIBED :ED AND LOCATED AS •SCRIPTION OF PROPERTY: ,OC PLD 1 1 1506 COMMERCE /EC 1F TEMPLE, T)( 76150! • ILDING OCCUPANCY CONST. OFFIC'E I ITEM 1 CONTENTS AMOUNT OF INS: $0,000 EC DEDUCTIL-LE: $0 COINSURANCE: REPLACEMENT COST OFFICE CONTENT 'SFECIAL FORM "LESS OTHERWISE PROVIDED, INSURANCE ON PE :RSONAI. PROPERTY SHALL COVER ONLY WHILE IN THE DESCRIBED IUIL.DING. 1 1 1 1 1 1 �!RM NO. CFCOVERG 1 /86 PAGE. 1 CONTTN!ED ISSUED 03/0,: ? THE Amout INSURED COPY NESTERN ALI IANCC INT,URANCE C'OMPAN'Y TF_):A8 STP POLICY OR ADDED HERETO PROVIDED BY REPRL:SENTAT I VES INC FROM ANY OF'F'OSITE PROV]UED HEREON. ADDRESS BJILDING INFORMATION r :ONCT: BV 14R0TEC_11ON CLASS: UP NUMBER OF STORIES: 001 RATE FILE NUMBER: COM1O -11506 1 I LICY NUMBER TC)( 08176S8 00 NAMED INSURED: MA TOUS CONSTRUCTION 10., IWC, 11 THE COINCURANCE CLAUSE IS NOT APNL 11:1+, HO i11 HER I° IRE INSURANCE IS PERMITTED L ESS THE TOTAL AMOUNT, INCLUDING TFIIC1 P'LLCy, ON EACH ITEM IS INSERTED IN THE BLANKS WHICH FOLLOW: 1 SUBJECT TO ARTICLE 6.1.3 OF THE fE: AU 1P1`.;URAUCF !ODE, 195), LIABILITY HEREUNDER ALL NOT EXCEED THE ACTUAL CASH VALUE HF THE PROPERTY AT THE TIME OF LOSS, CERTAINED WITH PROPER DEDUCTUJN FIIR L +EF'KECIATTON: NOR :SHALL IT EXCEED THE AMOUNT IT WOULD COST TO REPAIR FIR REPLAc E THE PROPERTY W) TH MATERIAL OF LIKE F` ND AND QUALITY, WITH )'ROPER DEDUCTION FOR DEPRECIATION, WITHIN A REASONABLE ME AFTER THE LOSS, WITHOUT ALL WANCE I OR ANY INCREASED COST OF REPAIR OR - CONSTRUCTION BY REASON I'F ANY ORDINANCE OR LAW REGULATING CON +ISTRUCTION OR REPAIR, AND WITHOUT COMF-'ENSATION FOk I..'.) 5 fa :=;1)L'1ING FROM 1NTERRLJPTION OF BUS - ESS OR MANUFACTURE NOR SHALL II EXCEED THE INTEREST oF- THE INSURED, OR THE ECIFIC AMOUNTS SHOWN UNDER "AMOUNT of. INSURfNCE ". SIGNMENT OF THIS POLIC :Y SHALL NOT BE VALID EXCEPT WITH 1HE WRITTEN CONSENT ' THIS COMPANY. 1 1 1 1 1 1 1 F IRM NO. CFCOVERG 1 /Se PAGE LA ;;r IESUED 03/05/94 1 INSURED COPY WESTERN ALJ_IANCC II•E^11FAPECF_ COMPANY TEXAS ;;1 Ah11lARD PiJ_1 CY TI IE 11 RC1UP 1 1 POLICY NUMDER TC)( 031761:0 00 1 AMED INSURED; MATOUS CONSTRUCTION CO., INC. AUDIT FREI3LJENCY: ANNUAL 11-IE INSURED IC CORPORATION , LIMITS OF INSURANCE: GENERAL AGGREGATE LIMIT I (OTHER THAN PRODUCTS - COMPLETED 01 EFAFLONS) 12, 000,0 0!? PRODUCTS - COMPLETED tiPERATIONS AGGREGATE LIMIT $2,000,000 EACH OCCURRENCE LIMIT $1,000,000 I PERSONAL AND ADVERTISING INJURY LIMIT $1,000,000 MEDICAL EXPENSE LIMIT, ANY ONE PERSON $15,00+:? FIRE DAMAGE LIL+IIT, ANY ONE FIRE '550,001) 1 1 FORMS APPLICABLE TO THIS COVERAGE PART: YWG 09 09/92 :3106 01/7:3 "IL 01 69 09/92 11.. 02 75 03/93 1 1 1 1 1 1 1 1 COMMERCIAL GENERAL_ LIADTL 1 1 `i COVEEA(1E FART DECLARATION 'ORM NO. CGI. COV 1/90 F1 ISSUED 0 ^ -•/02 /;�4 THE �GI - Afif INSURED COPY I +IESTERN ALLIANCE INSURANCE_ CLMPAN) FOIAL STANDARD PREMIUM: TEXAS r : +FMIUI*I DISCOUNT 10.9 TOTAL GCNF'RAL LIAL•:ILI'1'Y COVERAGE 1 -'ART PREMIUM: $17,917.00 $1,941.0OCR $15,070.00 1• 1 1 NESTERN AL.LIAI'ICE IIJ1,URANLE COMPANY COMMERCIAL GENERAL. LIAI:I{_I I i CI A SCHEDULE POLICY NUMBER TCX 0S176E: 00 I MED INSURED: MAT0US CI it0., INC. 11 OC ST TER CODE PREMIUM CAM^ PER 1 TX 006 91560 100,000 PAYROLL. 1000 C ONCRETE CONSTRUCTION LOC ST TER CODE PREMIUM OASIS PER 1 TX 006 91584 `50,000 fOrAI. t 02t 1000 1I ONTRACTORS - SUI:CON i RACTED NOM'. -• IN t ONNEC i IUN ITH CONSTRUCTION, RECONSTRUCTION, REPAIR OR ERECTION OF BUILDINGS - FOR INDUSTRIAL USE I OC ST TER CODE PREMIUM L:ASiii PER 1 TX 006 94007 42, 000 PAYROLL 1000 CAVATION O C ST TER CODE_ PREMIUUM BASIS PER 1 TX 006 97c122 J 19,000 F'AYROL1 1000 I ACHINERY OR EQUIPMENT - INDUSTRIAL. - :NST•ALLArIOPI, SERVICING OR REPAIR 1 1 1 1 1 1 1 =ORM NO. CGLSCHF_D 1/86 1 INSURED COPY THC PGROUP ISS! LED 03/02/94 RAH: !'64.390 $4.7210 PREMIUM SYM — $6,440 0 $472 P RATE PREMIUM SYM *•w $279 0 $1.610 $564 P RATE ,91 . •'40.1 $4.446 RA TE 106.102 14.594 PREMIUM SYM*r $3,542 0 $187 P PREMIUM SYM** $4,296b $1,737 P II SYM P IS FOR FRODUCrS OPEki I I0M2,AND SYM O IS FOR ALL OTHER HAZARDS EXCLUDING PRODUCTS - COMPLETED OPERArNOI•IS. 1 : 1 • 1 1 COMMERCIAL PROPERTY FORMS: IIPWG 251 6/90 136 2/90 1 1 1 1 1 1 1 1 1 WESTERN ALLIAM.F INSURANcE COMPANY COMMCRCIAL PACI'AGF POLCY FORMC INVENTORY POLICY NUMBER TeX 0817408 00 NAMED INSURED: MATOUS CONSTRUCTION CO.. INC. TCPP5 9/91 29C 164 10/02 200 12/ 12/7i "GENERAL LIABILITY FORMS: FUG 308 9/92 3104 1/73 IL 01 48 9/9Z IIIL 02 75 2/93 "FORM NO. FORMSINV 1/34 ISSUED 03/02/94 TIIFFGROUP INSURED COPY rated This Endorsement applies only to Item(s) No(s) 1 of this Policy. • 11. In consideration of the premium of the Policy to which this endorsement is attached and subject to all the terms, conditions and tipulations stated herein and in the Policy to which this Endorsement is attached, including riders and endorsements thereon, not in conflict erewith, the insurance under this Policy applicable to property described under the item(s) indicated above is hereby extended to cover u item(a) for their replacement cost without deduction for depreciation. The provisions of this Policy applicable only to such (s) are amended to substitute the term "replacement cost" for the term "actual cash value" wherever it appears in this Policy. ' (a) Stock (raw, in process or finished) or merchandise, including materials and supplies in connection therewith; (b) Property of others; (c) Household furniture or residential contents; '(d) Books of account, abstracts, manuscripts, drawings, card index systems and other records (including film, tape, disc, drum, cell and other magnetic recording or storage media); (e) Paintings, etchings, pictures, tapestries. statuary, marbles, bronzes, antique furniture, rare books, antique silver, porcelains, rare glassware and bric -a -brac or other articles of art, rarity or antiquity; or '(f) Carpeting, cloth awninpa, window or wall air conditioning units, domestic appliances and outdoor equipment, all whether perma- nently attached to the building structure or not. 2. Coinsurance Clause —It is a condition of this Policy, and the basis upon which the rate of premium Is fixed, that the Insured shall it all times maintain insurance on each item(s), the replacement cost of which is covered by this policy, of not less than elC per ( 80 TO of (a) the replacement cost (without deduction for depreciation) of that part of said property which is specifically described vered on a replacement cost basis and (b) the actual cash value of that part of said property which is covered on an actual cash r e basis at the time of loss, and that, failing to do so, the Insured shall be an insurer to the extent of such deficit and in that event hall bear his, her or their proportion of any loss. i n, the application of this Coinsurance Clause, the replacement cost of foundations of buildinrs which are below the surface of the t t basement floor or, where there is no basement, which are below the surface of the ground, shall be disregarded. his Coinsurance Clause supersedes and replaces the coinsurance clause, if any, otherwise applicable to such item(s). This Company's liability for loss under this Policy, including this Endorsement, shall not exceed the smallest of the following me (a), (b) or (c): _ ( 4 a) The amount of t hi s P ( b) The replacement coat of item(s), or any part t hereof. id entical with item(s) described herein and insured hereunder for replace- ment cost (witho deduction for depreciati on the same premises and int f or t same occupancy and u s e ; c) The amount actu and necessarily expended in repairing or replacing the ite described herein and insure h ereunder for replacement cost ( w i thout deduction for dep or any part thereof, o n th sam pr and intended for t same occu- pancy and use. Insured's Election —The insured may elect first to make claim under this Policy i n a ccordance with its terms and c dis '( e ding this Endorseme except that the Coinsu C laus e contained herein shall a to a ll claims under ouch I and the n d may make further claim for any additional liability brought about by this Endorsement in accordance with its terms, conditions nd limitations. . ( This Company Shall Not Be Liable For — a) Any loss occasioned by the enforcement of any state or municipal law or ordinance regulating the construction or repair of buildings, unless such liability has been specifically assumed under this Policy. (b) Any loss under this Endorsement unless and until the damaged property is actually repaired or replaced on the same premises I with due diligence and dispatch, and, in any event, unless repair or replacement is completed within two (2) years after the destruction or damage, or within such further time as the Company may during the two (2) years, in writing allow. ., • ! I 1 t 6. Apportionment Clause —This Company shall not be liable for a greater proportion of any loss than the amount of this Policy apply s • to the insured item(s) bears to the total insurance on such insured item(s), whether or not such other ineurance covers in the same i 1 er and to the same extent ns this Policy as extended by endorsement, and whether such other insurance is collectible or not. - . If this Policy is divided into two (2) or more items, the foregoing apply separately to each item to which this Endorsement applies. Irm abed by The State Board of Insurance NO. 164— REPLACEMENT COST ENDORSEMENT —FORM NO. 1 — Effective October 1, 1982 1 * FORM NO. 164 5 . Effective October 1, 1982 REPLACEMENT COST ENDORSEMENT —FORM NO. 1 (without Deduction for Depreciation) ttached to and forming part of Policy No of the - Insurance Company , issued at its , Texar, Agency. , Agents. This Policy does not cover the following property on a replacement cost basis: '.( (7, I • TCX '81 76 88 • Policy Number Renewal of Number Item 1. Named Insured and Address inn slim Cny slate zmCodel Matous Construction Co., Inc. 1 Item 2. Policy Period From 01 -12 -94 Item 3. Locations Covered Location 1 1506 Commerce Temple, TX. 76505 Location 2 Address: Countersigned at Date' 253 -U lEd. 2.941 To 01 -12 -95 Item 4. Coverage is provided only where a coverage limit and a premium Is showy A. COMPREHENSIVE ELECTRONIC EQUIPMENT FORM COVERAGE LIMITS i/ REPLACEMENT ACTUAL CASH COINSURANCE CLAUSE COST VALUE PERCENTAGE Location 1 $ ► ❑ U /o T I Location 2 $ ❑ ❑ ° k B. COMPREHENSIVE ELECTRONIC MEDIA FORM COVERAGE LIMITS Location 1 $ Location 2 $ C. COMPREHENSIVE EXTRA EXPENSE FORM COVERAGE LIMITS PERIOD OF INDEMNITY: Location 1 $ Measure of Recovery $ Location 2 $ Measure of Recovery $ O COMPREHENSIVE BUSINESS INTERRUPTION FORM COVERAGE LIMIT$ PERIOD OF INDEMNITY' Location 1 $ . Measure of Recovery $ Location 2 $ Measure of Recovery $ E SMALL COMPUTER /MACHINE FORM COVERAGE LIMITS V REPLACEMENT ACTUAL CASH COINSURANCE CLAUSE COVERAGE DEDUCTIBLE A COST VALUE PERCENTAGE Location 1 $ 5350. A ►XX ❑ 80 °'° $ 250. T I I* ❑ _ ❑ 0 0 N Location 2 $ F. ADDITIONAL COVERAGES' Add honaf coverage w,ll be prowled If any of the follaw,nq boxes are checked and coverage form •1 .1100004 !o )e,s bobby ❑ Valuable Papers and Records Form ❑ Accounts Receivable Form FORM & ENDORSEMENT NUMBERS EEP -15. 29C COMPREHENSIVE COVERAGE DEDUCTIBLE For each covered loss from any one occurrence to: A. Electronic Equipment, B. Media and C. Extra Expense Coverages, com- bined. a sum equal to. $ NA shall be deducted from the amount of the adjusted loss. D. Business Interruption Coverage, a sum equal to: $ NA shall be deducted from the amount of the adjusted loss or number of days or hours equal to NA shall be deducted from the adjusted loss. CT ❑ FROM ANY ONE OCCURRENCE T11r: f(iltouP Ili r, \Cn YH I .I \t I 17 XX Western Alliance Insurance Company Austin, Texas ❑ York Insurance Company Austin,Texas Each A Stock Company ❑ Providence Lloyds Austin, Texas A Lloyds plan Insurer COVI RAGE 15 PROVIDED BY TI IE COMPANY INDICATED Al 12 01 A M . Standard Time at place of Issuance Property In Transit $ NIL _ Limit while in transit or in temporary locations. per per per per $ Premium 100. ENDORSEMENT CHARGES $ TOTAL POLICY PREMIUM $ 100. -MP COMPREHENSIVE SYSTEMS MECHANICAL BREAKDOWN COVERAGE DEDUCTIBLE: For each loss caused by mechanical breakdown, faulty con. struction, error in design, short circuit, blowout, other electrical damage (other than lightning), or damage caused by actual work upon properly covered hereunder or electrical or magnetic injury, disturbance or erasure of electronic recording tapes, a sum equal to $ NA shall be deducted from the amount of the adjusted loss. These deductibles shall not apply to loss by fire, lightning, aircraft, ex- plosion, riot, civil commotion, smoke, vehicles, windstorm, hurricane I or hail, or vandalism or malicious mischief. Item 5. Loss, If any, shall be adjusted with the Insured and the Loss Payee Indicated below as their respective Interest may appear at the time of the loss* Name of Payee: By Richards Ins. /Temple, Tx. Authorized Agent Page I IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: You may call the company's toll -free telephone number for information or to make a complaint at 1- 800 - 252 -9710 Ypu may contact the Texas Department of In- surance to obtain information on companies, coverages, rights or complaints at 1- 800 - 252 -3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Page 2 Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de teletono gratis de la compania para information o para someter una queja al 1- 800 - 252 -9710 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acer- ca de companias, coberturas, derechos o quejas al 1 -800- 252 -3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un rectamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. I - GENERAL POLICY CONDITIONS • I A. Territorial Limits:This Policy insures only while the property is at locations and while in transit within and between the f orty-eighl contiguous . states of the United States of America, the District of Columbia and Canada, unless otherwise endorsed. B. Other Insurance: If there is available to the Insured or any other interested party any other insurance which would apply in the absence of this Policy, the insurance under this Policy shall apply only as excess insurance over such other insurance. I C. Assignment: Assignment of interest under this Policy shall not bind the Company until its consent is endorsed hereon; if, however, the Insured shall die, or shall be adjudged bankrupt or insolvent and written notice is given to the Company within sixty days after the date of such adjudication, this Policy shall cover the Insured's legal representative as insured; provided that notice of cancellation addressed to the Insured named in this Policy and mailed to the address shown in this Policy shall be sufficient notice to effect cancellation of this Policy. I D. Misrepresentation and Fraud: This Policy shall be void if the Insured has concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or the subject thereof, whether belore or alter a loss. I E. Notice of Loss: 1. The insured must give prompt written notice to this company of the facts relating to the claim. Upon request, the insured must send to this company a signed sworn proof of loss within 91 days of the request on a form supplied by this company. This company must ' request a signed sworn proof of loss within 15 days after receipt of the written notice or this company waives its right to require a proof of loss. Such waiver will not waive this company's other rights under this policy. 2. Within 15 days after this company receives written notice of claim, this company must: a. acknowledge receipt of the claim. If the acknowledgement of the claim is not in writing, this company will maintain a record of the date, method and content of the acknowledgement. b. begin any investigation of the claim. c. specify the information the insured must provide in accordance with the conditions of this policy. This company may request more information, if during the investigation of the claim such additional information is necessary. 3. After this company receives the information requested, this company must notify the insured in writing whether the claim will be paid ' or has been denied or whether more information is needed: a. within 15 business days; or b. within 30 days 1 this company has reason to believe the loss resulted from arson. 4. If this company does not approve payment of the claim or needs more time for processing the claim, the company must: ' a. give the reasons for denying the claim, or b. give the reasons this company requires more time to process the claim. But, this company must either approve or deny the claim within 45 days alter requesting more time. 1 1 1 1 1 1 1 1 1 loss to property as herein described, subject to all the terms and conditions contained in this Policy or added hereto. F. Settlement of Loss: 1. If this company notifies the insured that payment of the claim or part of the claim will be made, this company must pay within 5 business days after notification to the insured. 2. If payment of the claim or part of the claim requires the performance of an act by the insured, this company must pay within 5 business days after the date the insured performs the act. G. Sue & Labor: In case of loss or damage, it shall be lawful and necessary for the Insured, or his /her or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the property insured hereunder, or any part thereof, without prejudice to this Insurance; nor shall the acts of the Insured or this Company, in recovering, saving and preserving the property insured in case of loss or damage, be considered a waiver or an acceptance of abandonment, to the charge whereof this Company will contribute according to the rate and quantity of the sum herein insured. H. Suit: No suit, or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless all the requirements of this Policy shall have been complied with and unless the same be commenced within 2 years and one day next after discovery by the Insured of the occurrence which gives rise to the claim. I. Subrogation: In the event of any payment under this Policy the Company shall be subrogated to all the lnsured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured may not, except in writing prior to the loss, waive his right of recovery from any party. J. Appraisal: If the Insured and the Company fail to agree as to the amount of loss, each shall, on the written demand of either, made within twenty (20) days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and fading for fifteen days to agree upon such umpire, then, on the request of the Insured or the Company, such umpire shall be selected by a judge of a court of record in the county and state in which such appraisal is pending. The appraisers shall then appraise the loss, and failing to agree shall submit their differences to the umpire. An award in writing of any Iwo shall determine the amount of loss. The Insured and the Company shall each pay its chosen appraiser and shall bear equally the expenses of the umpire and the other expenses of appraisal. The Company shall not be held to have waived any of its rights by any act relating to appraisal. K. Examination under oath: The Insured shall submit, and so far as is within his/her or their power shall cause all other persons interested in the property and employees to submit, to examinations under oath by any persons named by the Company, relative to any and all matters in connection with a claim and subscribe the same; and shall produce for examination all books of account, bills, invoices, and Page 3 other vouchers or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company orits representatives, and shall permit extracts and copies thereof to be made. o ' L. Automatic Reinstatement: Any loss hereunder shall not reduce the amount of the Policy. M. Cancellation: This Policy may be cancelled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be cancelled by the Company by mailing to the Insured at the address shown in this Policy written notice stating when not less than thirty (30) days thereafter such cancellation shall be effective except in the event cancellation is for non - payment of premium, then this policy may be cancelled by the Company by mailing to the Insured at the address shown in this Policy written notice stating when not less than fourteen (14) days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and the effective dale of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If the Insured cancels, earned premiums shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premiums shall be computed pro rata. Premium adjustment may be made at the time cancellation is effected and, 3 not then made, shall be made as soon as practicable after cancellation becomes effective. The Company's check or the check of its representative mailed or delivered as aforesaid shall be a sufficient tender or any refund of premium due to the Insured. - This company may not cancel or refuse to renew this policy solely because the insured is an elected official. N. Pair, Set or Parts: In the event of loss of or damage to: (a) any article or articles which are a part of a pair or set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the pair or set, giving consideration to the importance of said article or articles, but in no event shall such loss or damage be construed to mean total loss of the pair or set; or (b) any part of property covered consisting, when complete for use, of several parts, the Company shall only be liable for the value of the part lost or damaged. O. Conformity To Statute: Terms of this Policy which are in conflict with the statutes of the State wherein this Policy is issued are hereby amended to conform to such statutes. P. No Benefit to Bailee: This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. O. Liberalization: If during the period that insurance is in force under this Policy or within 45 days prior to the Inception date thereof, on behalf of this Company there be adopted, approved or accepted, in conformity with law, any forms, endorsements, rules or regulations by which this Policy could be extended or broadened, without additional premium charge, by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the Insured hereunder as though such endorsement or substitution of form had been made. R. Definitions: "Business day ", when used in this endorsement, means a day other than Saturday, Sunday or holiday recognized by the state of Texas. THIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS, together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto; and no officer, agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Insured unless so written or attached. APPLICABLE TO WESTERN ALLIANCE INSURANCE COMPANY AND YORK INSURANCE COMPANY In Witness Whereof, this Company has executed and attested these presents; but this policy shall not be valid unless countersigned by the duly authorized Agent of this Company. Secretary APPLICABLE TO PROVIDENCE LLOYDS Service of Process. Service of Process may be had upon the State Official duly designated for such purpose in the State in which the property insured hereunder is located if Providence Lloyds is licensed in such state; or upon the Commissioner of Insurance of the State of Texas; or upon the duly appointed Attomeys -in -Fact for Providence Lloyds at Austin, Texas. Underwriters at Providence Lloyds have complied with the laws of the State of Texas regulating Lloyd's plan insurance and said statutes are hereby made a part of this policy. The entire assets of Providence Lloyds supports its policies, but each individual underwriter's liability is several and not joint and is limited by law to the amount fixed by his underwriter's contract and subscription and no underwriter is liable as a partner. This policy is made and accepted subject to the foregoing stipulations and conditions together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto, and no agent or other representative of Providence Lloyds shall have the power to waive any provision or condition of this policy. The policy is non - assessable and no contingent liability of any kind and character attaches to the Insured named herein. In Witness Whereof, this Company has executed and attested these presents; but this policy shall not be valid unless countersigned by the duly authorized Agent of this Company. Attorney -in -fact Para 4 - • -- - - — - ELECTRONIC EQUIPMENT PROTECTION POLICY rz ID I It POLICY NUMBER : TCX 0017608 00 :.t... FFECTIVE DATE : 01/12/ i r XPIRATION DATE: 01/12/9i: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COMP : WESTERN ALLIANCE INSURANCF 0_1 46ENT : RICHARDS INS AO( COMPANY LINE : COMMERCIAL PACI'AGE INSURED COPY POLICY PPEMIUN RECAP SHEET IWMRED t MATOUS CONSTRHCTION GO. , INC. ro DOX F3258 TEMPLE % TX POLICY rRI:Nium roTALs I LECTRONIC EQUIPMENT PROTECTION FRFMIUN $100.00 OTAL COMMERCIAL PROPERTY PREMIUM $25.00 TOTAL GENERAL LIABILITY PREMIUM $15,870.00 .1005 BIRD CREEK DR TOTAL POLICY ....... $1U1995.00 11-11P(.120UP 11 PAGE: 1 DATE: 03/02/94 1 1 1 1 FORM NO. EEP -15 Effective November 15, 1985 ■■�� E. PROPERTY COVERAGE `This policy covers electronic equipment, business computers, machines, �� ord processing machines and electronic information systems, including components, connections, extensions and systems, owned by, leased to, or under control of the Insured or for which the Insured is liable, all as 'shown on Page 1 of this policy. PROPERTY NOT COVERED Accounts, bills, evidence of debt, valuable papers, money and securities, ecords, abstracts, deeds, manuscripts, or other documents; this cxclu- ion, however, shall not apply to media. CAUSES OF LOSS COVERED This policy insures against all risks of direct physical loss or damage to I e property covered f ro m any external cause, except as herei rovided. ADDITIONAL COVERAGE A. Media and Extra Expense: This policy is extended for a total ' amount, not exceeding forty (40) percent of the coverage limit at the location where loss occurs and not to exceed twenty (20) per- cent applicable to each of the following: 1. Active data processing media consisting of converted data and /or program and /or instruction vehicles, being property of the Insured or property of others for which the Insured may be liable. 2. Extra Expense necessarily incurred by the Insured in order to continua normal operations which are interrupted as a result of a loss insured by this policy. ' B. Additional Property: Insurance is also provided for up to 550,000 on additional property. This extension of coverage applies only for sixty (60) days unless reported to the Company. Additional pre- mium is payable as of the acquisition date of the property. C. New Location Property: b:surance is also provided automatically I to any of the property that is moved to a new location for up to 850,000 at any one location. This extension of coverage applies only for sixty (60) days unless reported to the Company. D. Property Removal: Such insurance as is afforded by this policy applies while the property insured is being removed to and while at a place of safety because of imminent danger of loss, damage or expense and while being returned from such place, provided the Insured gives written notice to this Company of such removal within ten (10) days thereafter. E. Debris Removal /Expense: This policy is extended to cover ex- penses incurred in the removal of all debris from the damaged property insured hereunder which may be occasioned by loss caused by any of the perils insured against in this policy. In no event shall the additional coverage granted by this paragraph ' increase the coverage limit specified on Page 1 of this Policy. SMALL COMPUTER /MACHINE FORM J• CAUSES OF LOSS NOT COVERED This policy does not insure against loss or damage caused or resulting ram: A. Mechanical breakdown, machinery malfunction or media failure while said media is being rat through the electronic data process- ing system unless fire or explosion ensues and then only for the loss, damage or expense covered by such ensuing fire or explosion; B. Short circuit, blowout or other electrical disturbance other than lightning, within electrical apparatus, unless fire or explosion ensues and then only for loss, damage or expense caused by such ensuing fire or explosion; ' C. Electrical or magnetic injury, disturbances or erasure of electronic recordings, except by lightning; D. Error or omission in machine programming or instructions to machine; E. Insect, vermin rodents, inherent vice, wear, tear, gradual de- tersoration or depreciation; . F. Any dishonest, fraudulent or criminal act by any Insured, a partner therein or an officer, director or trustee thereof, whether acting alone or in collusion with others; scribed by the State Board of Insurance term No. EEP-15--SMALL COMPUTER /MACIILNE FORM— Effective November, 15, 1985 C. Actual work upon the property covered, unless fire or explosion ensues, and then only for Loss, damage or expense caused by such ensuing fire or explosion; 1 1. Delay, loss of market, loss of use or indirect or consequential loss of any kind; 1. hostile or warlike action in time of peace or war including action in hindering combating or defending against an actual, impending or expected attack, (a) any government or sovereign power (de jure or de facto) or by any authority maintaining or using military , naval or air forces; or (b) by military, naval or air forces; or (c) by any agent of any such government power, authority or -forces; any weapon of war employing atomic fission or radioactive force whether in time of peace or war; Insurrection, rebellion, revolution civil war, usurped power, or action taken by governmental au in hindering, combating or defending against such an occurence, seizure, or destruction under quarantine or customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation or trade; Nuclear reaction or nuclear radiation or radioactive contamination all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contnbuted to, or aggravated by the peril(s) insured against in tins policy. COVERAGE DEDUCTIBLE For each covered loss from any one occurrence to property insured by this form, a sum equal to the deductible amount shown on Page 1 of this policy shall be deducted from the amount of each adjusted loss. This deductible shall not apply to loss by fire, lightning, aircraft, explosion, not, civil commotion, smoke, vehicles, windstorm or bad, or vandalism or malicious mischief. In the event of any recovery or salvage on a loss which has been paid hereunder, such recovery or salvage shall accrue entirely to the benefit of the Company until the sum paid by the Company has been recovered. PROPERTY VALUATION The coverage limit of this Company's liability for loss or damage shall not exceed the following condition(s) as designated on Page 1 of this policy: A. Equipment: 1. Actual Cash Voluc: This Company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual value with proper deduction for depreciation, however caused, and shall in no event exceed what It would then cost to repair or replace the same with material of like kind and quality, with proper deduction for depreciation, oar the coverage limit shown on Page 1 of the policy. 2. Replacement Cost: This Company shall not be liable beyond the actual cash replacement cost of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated on the basis of the actual cash retail replacement cost of property similar in kind to that insured at the place of and nnmediately preceding the tame of such loss or damage, but in no event to exceed the coverage limit speci- fied on Page 1 of this policy. 3. Coinsurance: The Company shall be liable in such event of loss for no greater proportion of the loss than the amount hereby insured (mars to the coinsurance percentage (shown on Page 1 of this policy) of the actual cash value° of all property insured hereunder at the time such loss occurs. This coinsurance clause is not applicable to property in a private dwelling. • Actual cash replacement cost if replacement cost is specified on the Declarations Page. B. Media: This Company shall not be liable beyond the actual production cost of the property; or if not replaced, reproduced, blank value of such property. i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IL 02 75 03 93 ' z THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART- FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETEDOPERATIONS LIABILITYCOVERAGEPART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy: BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIALPROPERTYCOVERAGE PART FARM COVERAGE PART- FARM LIABILITY COVERAGE FORM FARM COVERAGE PART- LIVESTOCK COVERAGE FORM FARM COVERAGE PART - MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM GLASS COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS / COMPLETEDOPERATIONS LIABILITYCOVERAGEPART A. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. We may this policy by mailing or delivering to the first Named Insured' written notice of can - cellation, stating the reason for cancellation, at least 10 days before the effective date of cancellation. a. If this policy has been In effect for 60 days or less, we may cancel for any reason except, that under the provisions of the Texas Insurance Code, we may not cancel this policy solely be- cause the policyholder is an elected official. • b. If this policy has been in effect for more than 60 days, or if it Is a renewal or continuation of a policy issued by us, we may cancel only for one or more of the following reasons: (1) Fraud in obtaining coverage; (2) Failure to pay premiums when due; (3) An increase in hazard within the control of the insured which would produce an in- crease in rate; - (4) Loss of our reinsurance covering all or part of the risk covered by the policy; or 11 n0 nQ n. cellation is approved or directed by the su- pervisor, conservator or receiver. B. The following condition is added and supersedes any provision to the contrary: NONRENEWAL 1. We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely be- cause policyholder is an elected official. 2. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for non - renewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain In effect until the 61st day after the date on which the notice is mailed or delivered. Earhed premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. (5) If we have been placed in supervision, con- 4. The transfer of a policyholder between admitted servatorship or receivership and the can- companies within the same insurance group is not considered a refusal to renew. IL 01 68 09 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - DUTIES This endorsement modifies insurance provided under the following: COMMERCIAL CRIME - LIABILITY FOR GUESTS' PROPERTY PREMISES COVERAGE FORM COMMERCIAL CRIME - LIABILITY FOR GUESTS' PROPERTY SAFE DEPOSIT BOX COVERAGE FORM COMMERCIAL CRIME - SAFE DEPOSITORY LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added to the DUTIES Condition. We will notify the first Named Insured in writing of: 1. An initial offer to compromise or settle a claim made or "suit" brought against any insured under this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. 2. Any settlement of a claim made or "suit" brought against the insured under this coverage. The notice will be given not later than the 30th day after the date of the settlement. IL 01 68 09 92 Copyright, Insurance Services Office, Inc., 1992 mium* Premium Disc. Premium* Premium Disc. Premium* Premium Disc. Premium* Premium Disc. Premium Premium* Disc. 1,000 .0% $ 2,543 4.696 $ 7,561 9.296 $ 30,000 13.8% $ 59,053 18.4% 1,007 .1 2,632 4.7 7,686 9.3 30,325 13.9 60,323 18 :5 1,021 .2 2,728 4.8 7,816 9.4 30,656 14.0 61,649 18.6 1,035 .3 2,831 4.9 7,949 9.5 30,995 14.1 63,034 18.7 1 1,049 .4 2,942 5.0 8,087 9.6 31,341 14.2 64,483 18.8 1,064 .5 3,062 5.1 8,231 9.7 31,695 14.3 66,000 18.9 1,080 .6 3,192 5.2 8,379 9.8 32,058 14.4 67,59.1 19.0 1,095 .7 3,334 5.3 8,533 9.9 32,428 14.5 69,260 19.1 I 1,112 .8 3,489 5.4 8,692 10.0 32,808 14.6 71,013 19.2 1,128 .9 3,659 5.5 8,858 10.1 33,196 14.7 72,858 19.3 1.0 3,847 5.6 9,030 10.2 33,593 14.8 74,800 19.4 I 1,146 1,163 1.1 4,055 5.7 9,208 10.3 34,000 14.9 76,850 19.5 1,182 1.2 4,286 5.8 9,394 10.4 34,418 15.0 79,015 19.6 1,200 1.3 4,546 5.9 9,588 10.5 34,845 15.1 81,305 19.7 11 1,220 1.4 4,839 6.0 9,790 10.6 35,284 15.2 83,732 19.8 1,240 1.5 5,028 6.1 10,000 10.7 35,733 15.3 86,308 19.9 1,261 1.6 5,082 62 10,220 10.8 36,194 15.4 89,048 20.0 1 1,283 1.7 5,139 6.3 10,450 10.9 36,667 15.5 91,968 20.1 1,305 1.8 5,196 6.4 10,690 11.0 37,153 15.6 95,085 20.2 1,328 1.9 5,255 6.5 10,942 11.1 37,652 15.7 98,422 20.3 2.0 5,315 6.6 11,205 11.2 38,164 15.8 102,000 20.4 ' 1,352 1,377 2.1 5,376 6.7 11,482 11.3 38,690 15.9 105,850 20.5 1,402 2.2 5,439 6.8 11,773 11.4 39,231 16.0 110,000 20.6 1,429 2.3 5,503 6.9 12,078 11.5 39,788 16.1 114,490 20.7 1,457 2.4 5,569 7.0 12,400 11.6 40,360 16.2 119,362 20.8 1,486 2.5 5,637 7.1 12,740 11.7 40,949 16.3 124,667 20.9 1,516 2.6 5,706 7.2 13,099 11.8 41,556 16.4 130,466 21.0 I 1,547 2.7 5,777 7.3 13,479 11.9 42,181 16.5 136,830 21.1 1,579 2.8 5,850 7.4 13,881 12.0 42,825 16.6 143,847 21.2 1,613 2.9 5,924 7.5 14,308 12.1 43,489 16.7 151,622 21.3 1 1,649 3.0 6,000 7.6 14,762 12.2 44,174 16.8 160,286 21.4 1,686 3.1 6,079 7.7 15,246 12.3 44,880 16.9 170,000 21.5 1,725 3.2 6,159 7.8 15,763 12.4 45,610 17.0 180,968 21.6 3.3 6,242 7.9 16,316 12.5 46,364 17.1 193,449 21.7 I 1,765 1,808 3.4 6,327 8.0 16,910 12.6 47,143 17.2 207,778 21.8 1,852 3.5 6,414 8,1 17,548 12.7 47,949 17.3 224,400 21.9 3.6 6,504 8.2 18,236 12.8 - 48,783 17.4 243,913 22.0 -' I 1,899 1,949 3.7 6,596 8.3 18,980 12.9 49,647 17.5 267,143 22.1 2,000 3.8 6,691 8.4 19,788 13.0 50,541 17.6 295,263 22.2 2,055 3.9 6,789 8.5 20,667 13.1 51,468 17.7 330,000 22.3 1 2,113 4.0 6,889 8.6 " 21,628 13.2 52,430 17.8 374,000 22.4 2,174 4.1 6,993 8.7 22,683 13.3 53,429 17.9 431,538 22.5 2,239 4.2 7,100 8.8 23,847 13.4 54,467 18.0 500,000 22.5 I 2,308 4.3 7,210 8.9 25,136 13.5 55,545 18.1 Over II 2,381 4.4 7,323 9.0 26,572 13.6 56,667 18.2 500,000 2,460 4.5 7,440 9.1 28,182 13.7 57,836 18.3 See Note 1 PREMIUM DISCOUNT TABLE (GENERAL LIABILITY INSURANCE) GENERAL LIABILITY EXPENSE RATIO TABLE AND RULES (LIABILITY, BURGLARY AND GLASS SUPPLEMENT TO RETROSPECTIVE PLAN DI -TEXAS PREMIUM DISCOUNT TABLES - GENERAL LIABILITY - TEXAS '1 premium not shown use the value for the next lower premium stated in the able. Form 3106 (Rev. 1 -1 -73) 'Order Hort Graphics NOTE: If the Total Standard Premium is $500,000 or over, the premium discount percentage applicable shall be determined as the weighted average of 22.5% for the first 5500,000 and 23.1% for the portion over 5500,000. COMMERCIAL GENERAL LIABILITY POLICY Providence Washington Insurance Company Providence, RI Western Alliance Insurance Company York Insurance Company Austin. Texas Each a Stock Company Providence Lloyds Austin, TX A Lloyds Plan Insurer tin ,u 11" I'Alt11 \I I ‘I it t' to COVERAGE IS PROVIDED BY THE COMPANY INDICATED ON THE DECLARATIONS PAGE COMMERCIAL GENERAL LIABILITY POLICY - QUICK REFERENCE DECLARATIONS PAGES Named Insured and Mailing Address Policy Period Description of Business and Location Coverages and Limits of Insurance COMMON POLICY CONDITIONS Cancellation Changes Examination of Your Books and Records Inspections and Surveys Premiums Transfer of Your Rights and Duties under this Policy SECTION I — COVERAGES Beginning on Page Coverage A — Insuring Agreement 3 Bodily Injury and Property Exclusions 3 Damage Liability Coverage B — Insuring Agreement 5 Personal and Advertising Exclusions 5 Injury Liability Coverage C — Insuring Agreement 5 Medical Payments Exclusions 6 Supplementary Payments 6 SECTION I1— WHO IS AN INSURED SECTION 111— LIMITS OF INSURANCE SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties in The Event of Occurrence, Claim or Suit Legal Action Against Us Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us SECTION V — DEFINITIONS 9 ENDORSEMENTS (If Any) 6 7 7 7 7 8 8 8 9 9 9 THIS POLICY JACKET WITH THE DECLARATIONS PAGE, COVERAGE PARTS, AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETES THIS POLICY PWG 308 (Ed. 9 -92) COMMON POLICY CONDITIO , All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. 11 the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived t only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. IL001711 85 2 D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we f ind; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe and healthful; or 2. Comply with laws, regulations, codes or standards. , This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. PREMIUMS The first Named Insured shown in the Declarations: ' 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER ' THIS POLICY Your rights and duties under this policy may not be ' transferred without our written consent except in the case of death of an individual named insured. 1 1 1 If you die, your rights and duties will be transferred to , your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights ' and duties but only with respect to that property. 1 1 1 1 • COMMERCIAL GENERAL LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words you and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we," "us" and "our" refer to the company providing this insurance. , The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meanings. Refer to DEFINITIONS. (SECTION V). SECTION I — COVERAGES I COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result. But: . (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory;" and (2) The "bodily injury" or "property damage" occurs during the policy period. 1 1 1 1 1 1 1 1 - c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." 2. Exclusions. , This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 3 (1) Assumed in a contract or agreement that is an "insured contract," provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement. c. "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or • " . (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. . . t e. "Bodily injury" to: • An employee of the insured arising out of and in the course of employment by the insured; Or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. (1) This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." , f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration re- lease or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by or rented or loaned to, any Insured; g (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- • posed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are • z performing operations: (i) if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractororsubcon- tractor; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or ."property damage" arising out of heat, smoke or fumes from a hostile f ire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost, or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- craft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: 4 (1) A waiai..1dn 41111U ui own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equipment" (Section V.8.). h. "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. I. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insur- rection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. I • , _.,.. ., j. "Property damage" to: •''','' -` "'• (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. • • Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." k. "Property damage" to your product" arising out of it or any part of it. 1. "Property damage" to "your work" arising out ' of it or any part of it and included in the "products- , completed operations hazard." t This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. t' m. "Property damage" to "impaired property" or •property that has not been physically injured, ' ' arising out of: *xa (1) A defect, deficiency, inadequacy or danger - ' f' ' ous condition in "your product" or "your work;" or . (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 1 1 1 1 1 1 1 11 . 1'• 1 1 1 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or - "your work" after it has been put to its intended use. n. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of: (1) "Your product;" (2) "Your work;" or (3) "Impaired property;" if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy ordan- gerous condition in it. Exclusions c. through n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SECTION III). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this coverage part applies. We will have the right and duty to defend any "suit" seeking those dam- ages. We may at our discretion investigate any "occurrence" or offense and settle any claim or "suit° that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and 5 (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. • ' ' '' : No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. ?' ' b. This insurance applies to: ' (1) "Personal injury" caused by an offense arising out of your business, excluding adver- tising, publishing, broadcasting or telecast- ing done by or for you; (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; ;in r ;; 1 l;, but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions. - This insurance does not apply to: a. "Personal Injury" or "advertising injury:", (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or " - , - (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. r' .• r�rs b. "Advertising injury" arising out of: , (1) Breach of contract, other than misappro- priation of advertising ideas under an implied contract; - (2) The failure of goods, products or services to conform with advertised quality. or, per- formance; ' (3) The wrong description of the price of goods, products or services; or . (4) An offense committed by an insured whose business is advertising, broadcasting, pub- lishing or telecasting. COVERAGE C. MEDICAL PAYMENTS : ? ` :, 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; • . ('l; .7- ways next to pi,_mises 1,ou own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, . at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable ex- penses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions. We will not pay expenses for "bodily injury:" a. To any insured. • b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f. Included within the "products- completed opera- tions hazard." Excluded under Coverage A. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 9• h. We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3: The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 6 4. All reasonable expLn:.e.. } .at our request to assist us ,r • defense of the claim or "suit," including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit." 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. • 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION II — WHO IS AN INSURED r 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. • c. An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their 'liability as stockholders. • • • . 2. Each of the following is also an insured: a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you. However, no employee is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co- employee while in the course of his or her employment, or the spouse, child, parent, brother or sister of that co- employee as a consequence of such "bodily injury" or "personal injury," or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). "' b. Any person (other than your employee), or any organization while acting as your real estate manager. (3) c. Any person or organization having proper tem- porary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equip- ment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the • employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring- ing "suits." 7 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury" or °property damage" included in the "products- completed operations hazard;" and c. Damages under Coverage B. , 3. The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard.' 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. ' 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage'; arising out of any one "occurrence." 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily ; injury ",sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, 'when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and the earned premium, we wi;l return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. • 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a: As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. 9. When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or ' d. Infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment." 3. "Bodily injury" n,ua',a but—, , ; , i • ,are a u; dis- ease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" moans: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or _ .. .n arises out of:! lt7r Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or, in a settlement we agree to. 5. "Impaired property" means tangible property, other than your product" or "your work,', that cannot be used or is less useful because: ., t,.,r ,•ra.n.� a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by:' ^•1 fu a. The repair, replacement, adjustment or removal of "your product" or "your work;" or b. Your fulfilling the terms of the contract or agreement. 6. "Insured contract" means: c. All parts of the world if: (1) The injury or damage (a) a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction ' or , demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality. e. An elevator maintenance agreement; , f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed , (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers re- ceived in connection with the claim or "suit;" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settle- ment or defense of the claim or "suit;' and (4) Assist us, upon our request, in the enforce- ment of any right against any person or organization which may be liable to the • insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a' payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed set- tlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. 8 Excess Insurance ' This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: '! " "' (1) That is Fire, Extended Coverage, Builder's ' Risk, Installation Risk or similar coverage for your work;" (2) That is Fire insurance for premises rented ' to you; or (3) If the loss arises out of the maintenance or , use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Cover- age A (Section I). , When this insurance is excess, we will have no ' duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will ' undertake to do so, but we will be entitled to the insured's rights against all those other Insurers. When this insurance is excess over other insurance, we will pay only our share of the, amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance,' would pay for the loss in the absence,ofthis, insurance; and (2) The total of all deductible and self- insured' amounts under all that other insurance. :, We will share the remaining loss, if any, with any, other insurance that is not described in this' Excess Insurance' provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this' Coverage Part. C. Method of Sharing • , If all of the other insurance permits contribution by equal shares, we will follow this method also.' Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which -, ever comes first. . If any of the other insurance does not permit contribution by equal shares, we will contribute, by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insur- ance of all insurers. • 5. Premium Audit. ' a. We will compute all premiums for this Coverage' Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit, 1 premiums paid for the policy term is greater than b. • 1 1 1 i 1 1 1� 1 1 1 1 12. "Property damage" means: 1 1 1 (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is otherwise complete, will be treated as completed. c. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; (3) Products or operations for which the classi- fication in this Coverage Part or in our manual of rules includes products or completed oper- ations. a. Physical injury to tangible property, including all resulting loss of use of that property. All such Toss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the "occurrence" that caused it. 13. "Suit" means a civil proceeding in which damage because of "bodily injury," "property damage," 10 "personal injury," or "advertising injuo this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceed- ing in which such damages are claimed and to which you submit with our consent. 14. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or dis- posed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 15. "Your work" means: a. Work or operations performed by you or on your behalf; and - b. Materials, parts or equipment furnished in con- nection with such work or operations. "Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; " - and b. The providing of or failure to provide warnings or instructions. . by law in the absence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tun- nel, underpass or crossing; b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or speci- fications; or (2) Giving directions or instructions, or failing to •- give them, if that is the primary cause of the injury or damage; Underwhich the insured, if an architect, engineer or surveyor, assumes liability for an injury or • damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspec- tion or engineering services; or d. That indemnifies any. person or organization for 0. - , damage by fire to premises rented or loaned to you. 7. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, ' ' watercraft or "auto;" b. While it is in or on an aircraft, watercraft or "auto;" or c. While it is being moved from an aircraft, water- " craft or "auto" to the place where it is finally delivered; but "loading and unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." 8. "Mobile equipment" means any of the following t types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, main- tained primarily to provide mobility to perm- anently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or 10 (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described In a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1 1 (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the follow-, ing types of permanently attached equipment are not "mobile equipment" but will be considered "autos:" f' (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; t ••:c; (c) Street cleaning; ' „ (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment., ,; „' 9. "Occurrence" means an accident, including contin- uous or repeated exposure to substantially the same general harmful conditions. "' .., 10. "Personal injury" means injury, other than "boodily y 1 injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; 1 1 1 1 1 1 1 c. The wrongful eviction from, wrongful entry into,' or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; •_. ' +•d ;•a+' d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, ' products or services; or e. Oral or written publication of material that vio- lates a person's right of privacy. , , ' •, • 11. a. "Products- completed operations hazard" In- cludes all "bodily injury" and "property damage ", occurring away from premises you own or rent and arising out of "your product" or "your work" except: 1 1 1 1 1 1 1 1 1 1 1 1 (NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) his endorsement modifies insurance provided under the following: 1 I . The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage:" (1) With respect to which an "insured" under the policy is also an insured under a nuclear liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or 1 1 CG 01 03 1 I s� 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ir CAREFULLY. TEXAS CHANGES— CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: a. COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the CANCELLATION Common Policy Condition is replaced by the following: 2. a. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, stating the reason for cancellation, at least 10 days before the effective date of cancellation. b. If this policy has been in effect for 60 or fewer days, we may cancel for any reason. c. If this policy has been in effect for more than 60 days, we may cancel only for one or more of the following reasons: (1) Fraud in obtaining coverage; (2) Failure to pay premiums when due; (3) An increase in hazard within the control of the insured which would produce an increase in rate; (4) Loss of our reinsurance covering all or part of the risk covered by the policy; or (5) If we have been placed in supervision, conservatorship or receivership and the cancellation Is approved or directed by the supervisor, conservator or receiver. The following condition is added and supersedes any provision to the contrary: NONRENEWAL We may elect not to renew this policy by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. b. If notice is mailed, proof of mailing will be sufficient proof of notice. IL 02 75 11 87 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTFIER THAN PERSONAL AUTO POLICY, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE 1`1 APPLICABLE TO PROVIDENCE WASHINGTON INSURANCE COMPANY WESTERN ALLIANCE INSURANCE COMPANY AND YORK INSURANCE COMPANY In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless 1 countersigned by a duly authorized representative of the company. APPLICABLE TO PROVIDENCE LLOYDS Service of Process. Service of Process may be had upon the State Official duly designated for such purpose in the State in 1 which the property insured hereunder is located if Providence Lloyds is licensed in such state; or upon the Commissioner of In- surance of the State of Texas; or upon the duly appointed Attorneys -in -Fact for Providence Lloyds at Austin, Texas. Underwrit- ers at Providence Lloyds have complied with the laws of the State of Texas regulating Lloyd's plan insurance and said statutes are hereby made a part of this policy. The entire assets of Providence Lloyds supports its policies, but each individual' underwriter's liability is several and not joint and is limited by law to the amount fixed by his underwriter's contract and subscrip- tion and no underwriter is liable as a partner. This policy is made and accepted subject to the foregoing stipulations and con- ditions togetherwith such other provisions, agreements or conditions as may be endorsed hereon or added hereto, and no agent' or other representative of Providence Lloyds shall have the power to waive any provision or condition of this policy. The policy is non - assessable and no contingent liability of any kind and character attaches to the Insured named herein. ' • In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless' countersigned by a duly authorized representative of the company. — 0 T1J.n r■ . / n cr-A In Secretary 12 /d; 4c 1 President 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES—CONDITIONS REQUIRING NOTICE it Attorney -in -fact . ; r• 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r CALCULATION OF PREMIUM .11 This endorsement modifies insurance provided under the following: " COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium t in accordance with our rates and rules then in effect. . IL 00 03 11 85 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART With regard to Bodily Injury and Property Damage Liability, unless we are prejudiced by the insured's or your failure to comply with the requirement, any provision of this Coverage Part requiring you or any insured to give notice of occurrence, claim or suit, or forward demands, notices, summonses or legal papers in connection with a claim or suit, will not bar liability under this Coverage Part. CG 01 03 11 85 1 (2) Resulting from the "hazardous properties" of "nuclear matudal" 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 agori y thereof, with any person or organization. 8. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arisiiig 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. 2. 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 "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 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 definition of "nuclear facility." "Nuclear facility" means: (a) Any "nuclear reactor;" (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "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 material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste;" and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "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. IL 0021 11 85 • 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FORM NO. 200 Effective December 10, 1970 Attached to and forming a part of Policy No of the of issued at its..._ Texas, Agency. Dated , Agents In consideration of the rate of premium at which this policy is written it is a condition of this contract that, in accordance with the stipulations hereinafter contained, the sum of $100.00 shall be deducted from the amount of loss or damage to the insured property, resulting from each windstorm, hurricane and /or hailstorm. This Deductible shall apply to loss or damage to each building or structure separately. This company shall be liable for its proportion of the loss in excess of the $100.00 deductible in accordance with the apportion- ment provisions applying to Extended Coverage insurance in the contract to which this clause is attached. This deductible shall not apply to loss or damage to contents or household goods however insured or to dwellings, garage apart- ments, duplex dwellings, servants' houses, private garages, private barns, miscellaneous out buildings on dwelling premises, seasonal dwellings, private club houses, private camp houses, and trailer houses. Prescribed by the State Board of Insurance. FORM NO. 200 —ONE HUNDRED DOLLAR DEDUCTIBLE CLAUSE —OTHER THAN DWELLINGS— December 10, 1971) ONE HUNDRED DOLLAR DEDUCTIBLE CLAUSE OTHER THAN ONE OR TWO FAMILY DWELLINGS (APPLICABLE ONLY TO WINDSTORM, IIURRICANE AND HAIL) 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 FORM No. 136 EffreUve March I, 1900 OFFICE CONTENTS SPECIAL FORM (120.00 DEDUCTIBLE APPLICABLE EXCEPT TO CERTAIN SPECIFIED PERILS) Dated.- --..... . THE PROVISIONS OF ALL OF SECTION I "Definitions," all of Section II "Special Conditions" except the "Pro Rata Dis- tribution Clause", and all of Section III "Specific Coverage Conditions" are each eliminated ea to "Office Contents" and "Tenant's Interest ,n Improvements and Ifietterments" aa descnbcd and limited in Section II of this form and in lieu thereof the provisions of this Form shall 10PI7. Insurance under this Fonn attaches only 10 010,00 Contents" and "Tenant's Interest in Improvementa and Betterments" as de- ocribed and limited In Section 11 "Property Covered" hereof rnd extension of such insurance herein provided, but for not exceeding the amount of inourance at the location shown on the first page of this policy for each item thereof. Wherever the word "fire" appears in this policy, including Endorsements (but not this Form), the words, "All of direct physical loss" ehall be aubstituted therefor as to coverage provided on property covered; subjret, however, to all the proviereno of this Form. All the provisions of this Form and of the Policy to which name are attached shall apply separately to property covered at the 10001100 06 each item of Insurance shown on the first me of this policy, 000000 00 otherwise apecifically provided. SECTION INSURING AGREEMENT. This policy Is extended io Insure against all risks of direct physical loss of or to the Prone., covered at location 01 0000 Item of insurance shown on the first p000 01 that policy, but not exceeding the actual cash value of Property covered nor the amount of Insurance for cach ouch Rem of insurance, subject otherwme to all 01 11,0 provisions and stip- ulations of this Form and of the policy to which this Form is attached including Endorsements thereon, except an hereinafter provided. SECTION IL—PROPERTY COVERED: This policy covers: Office contents sweating principally of furniture, fixtures, equipment and supplies, except as excluded or limited, the prop- erty of the Insured and usual to an office occupancy, and provided the Insured is liable therefor, such property owned by others while in the custody of the Insured, all while contained in the bolding at the location of each Item shown on the first page of Of, policy, and within additions and extensions adjoining and communicating with the building and while on platforms, sidewalk. alleys, .d yards immediately adjacent, including while in railroad cars or other vehicles within 100 feet of the buildings, and Tenant's interest in improvements and betterments, consisting of fixture, alterations, Installations or additiono comprising a part of the building(s) 01 each specified location and made 00 11,0 expense of tlie Insured SECTION III..—EXTENSIONS OF COVERAGE: Subject to aR the provisions, exclusions, and limitations of this Form and this policy (excepting as otherwise specifically provided herein), this Company will oleo pay: 1. (Off.Premittes.) —Up to ten percent (10%) of the amount specified for the largeet Rein of insurance covered, but not exceed- ing this Company's proportion of 610,000., for loss to property covered while elsewhere than while contained on the promises or loca- tion(s) specified on first page of this policy but within the Continental United Stat. or in transit in Canada; however, such eaten- eon shall not apply to any location or premises owned, leased, operated or regularly used by the Insured. 2. (Money.) —Up to this Company's proportion of 4250.00 on any one occurrence, for loss of currency, money and stamps by burglary or robbery in the building at specified location(s). 3. (Personal Effect.) —At the option of the Insured, up to cite percent (511,) of the amount specified for the Rem of insurance covered, for loss to personal effects, the property of the Insured or other., in the building at specified location(s) by fire, lightning, aimroft, explosion, not, civil commotion, smoke. vehicles, windstorm or hurricane or had. At the option of this Company, lessee to property of other covered under this Extension may be adjusted with and payable 10 00, Insured. 4. (Debris Remove.) —For expenses incurred in the removal of debris of property covered occasioned by loos Insured against in this policy, but thief Company shall not be hable for loss occasioned by the enforcement of any state or municipal law or ordinance which necessitates the demolition 01 007 portion of a building. or remota] of contents thereof which has not suffered damage by a peril not excluded in this policy. 6. (Damage by Thiel..) — For loss (except by fire or explosion) to that part of the buildIng(s) occupied by the Insured and containing property covered, and to equipment therein pertaining to the service of the building, directly resulting from theft (includ- ing attempt thereat), provided the Insured is the owner of such building or equipment or is liable for Bach damage, but in no event shall this extension 01 00000,00 imply to glass (other than glass building blocks) or 00 000 lettenng or ornamentation thereon. 0. (General Average and Salvage Charges.) — For General Average end Salvage Charges for which the Insured may become liable on shipmenta covered hereunder. 7. (Newly Acquired Property.)—The insured may apply up to 10%, but not exceeding 010,000, of the amount of insurance speci- fied for Furniture and Fixtures. or Contents 00 00000 direct loss 10 007 one occurrence by a peril insured 0010000 10 such property at any location (except fairs and exhibitions) acquired by the insured, elsewhere than at the descnbeff premises, within the territorial limits 00 )1,00 policy. This coverage shall cense 30 days from the date of such acquisition or on the date vainno at such locations are reported to the Company, or 00 900 expiration date of the policy, whichever occurs first. Additional premium shall be due and payable for values so reported from the date the property Is acquired. 8. (Valuable Paper.)—The insured may apply 07 10 8500 01 the amount of insurance epecifred for Contents or the sum of Furni- ture and Fixtures to cover direct loss in 000 000 occurrence by a peril insured against under any Item of personal property of this policy to valuable papers and records consisting of hooks 00 0000001, manuscripts, abstraeM, drawings, card Index systems, film, tape, dim. drum. cell and other magnetic record', or storage media for electronic data processing, and other records, all the property of the Insured at described locations. This Extension of Covemge covers only the cost of research and other expense necessarily incurred by the Insured to reproduce. replace or restore such valuable papers and records. The total amount payable in any ono occurrence under this Extension of Coverage shall not exceed the limit specified above, regardless 00 100 number of described locationa. 9. (Extra Expense.)—The insured may apply 07 10 $1000 of the sum of the amount of insurance specified for Contents to cover the necessary extra expense incurred by the inre i red in order to continue no nearly as practicable the normal operation 01 100 insured'• business immediately following damage by u peril insured 0001000 00 the buildings or contents situated at the described locations. .Extra Expense" means the excess of the total cost incurred during the period of restoration chargeable to the operation of the insured's business or condominium over and above the total cost that would normally have been incurred to conduct the operation during the some period had no loss occurred. Any salvage val. of property obtained for temporary uee during the penod of restoratIon which mmaine after the resumption 01 normal operations shall be taken into consideration In the adjust- ment of any lose hereunder. "Period of restoration" means that period of time. commencing with the dote of damage and not limited by the date of expiration of this policy, as would be required with the exercise 00 400 diligence and dispatch to repair, rebuild, or replace such part of said buildings or personal property thereof as have been damaged. The Company ahall 001 00 liable under this Extension of Coverage for: 1. lose of Income. 2. the 0001 00 repairing or replacing any of the described property. or the cost of research or other expense necessary to replace or restore books of account. manuscripts, abstracts, drawings, card Index systems, film, tape, disc, drum, cell and other marmite recording or storage media for electronic data proceosing, and other record. that have been damaged by a peril insured against, except cost in excess of the normal cost of such repair, replacement or reoto- ration necesearily incurred for the purpose of reducing the total amount 00 01000 expense. In no event shall ouch excess cost exceed the amount by which the total extra expense otherwise payable under 000. 1101000100 of Cover- age 13 reduced. 3. any other consequential or remote loss. .1. Otto 1 r egln; provioio. of this Section do not Increase tho amount (s) of insurance abovrn for the item(e) described on the first pot. SECTION 1V,—EXCLUSIONS AND LIMITATIONS: A. (PROPERTY) —This policy done not cover: 1. Stocks of merchandise, or materials and supplies entering into their manufacture, storage or sale; salesmen's sample.; 2. Rooks of record, monuretipts, drawings, card index systems or other office records, for loss in excess of the rest of blank b.ks, blank cards and other materialo phis 01,0 000000 0000 00 labor in transcribing or copying such recorns; film, for loss in exceso of the cost of unexposed film; titre policies, abstracts: 8. Currency, money and stampa, except to the extent provided in Sectton 111; bulb°n, notes, aecurities, deeds, accounts, bills, evidences of debt, letters of credit or tickets; cloth awninga; 4. Steam boilers, steam tunes, steam turbines 00 000000 engines against loss by bursting, rupture or explosion of such objects (other than explosion of accumulated gases or unconsurned fuel within a fire box or combustion chamber); machines or machinery against loss by rupture, bursting or disintegrating of rotating or moving parts caused by centrifugal or renprocatmg force; 6. Neon or automatic or mechanical electric or other kinds of signs, metal smokestacks (un)ess securely fastened to masonry walls), radio or television towers and antenna., wiml charms, greenhouses, but Otis Excluelon shall na apply with respect to loss by firs am( aircraft, explotrion, riot, civil commotion, smol, 13. (PERIL) —This policy does not insure against any loss reused by or resulting from: 1. Earthquake or other earth movement, but this exclusion shalt not apply to property In transit, nor to miming loss caused by or resulting from fire, explosion or smoke; 2. Unexplained loss or mysterious disappearance of property (except property In the custody of carriero or bailees for him/; or loss or shortage of property disclosed on taking inventory, 3. Change in favor, odor, color, texture or finish; reonoretton, shrinkage or reso of weight; dampness or dryness of atmosphere; freezing ;extremes or changes in temperature., corrosion; contamtnation; marring or scratching; gas or smoke from agricultural a Industrial operatIons; smog; latent defect; mechanical breakdown or derangement; moths; vermtn; inherent vice; wear and tear or deterioration; all untoes directly caused by or resulting f soon physical elantaye to property covered, 00 00 premises or conveyances 000' 00:00,0 rush property, 000 peril not otherwise excluded; The prostate:la printed on the back of thin form are hereby referred to and made a part hereof. Prescribed by The State Board of Insurance. FORM NO. 130—OFFICE CONTENTS SPECIAL FORM—March 1, MO. 4. Actual sum upon or in tt InUon o fde property covered, revert over ex w:th rert to ensuing Ices coated by or really.,, , vn Are, explorion, water damage net 6. Theft (Including attempt thereat) of property while unattended in or ex any motor velJ:les or trailer, unless contai• s: In a - fu1ly enclosed and securely locked body or compartment of such vehicle and theft results from forcible entry, evidenced tj s.s• marks, into the body or compartment (except property in the custody of carriers or bailees for hire); 8 (n) Breakage of glass or rticles of a fragile or brittle nature (other than lances of photographic or nientifie tnstrumenta), and (b) posure to light of photographic materials sensitive to light, all unless caused by eoRfaion, upset or overturntng of convey - , dvi! lightning, ter dveiele m m orm not otherwise excluded, br glary or robbery, vandalism and malicious mieehtef, slim /t, exPtoninc, riot, 7. Artificially at generated electrical currents to electrical a pliancca or devirns (Including wiring); except with reepeet to ensue ing loss caused by or resulting from a //aril not otherwise excluded 8. Any fraudulent scheme, trick, device or false pretense practiced upon the Insured or upon any person(.) to whom the prop- erty maybe entrusted, other than any carrier for hire; 9. Any fraudulent, dishonest, or criminal act done by or at the instigation of any Insured, partner or joint adventurer In or of any Insured, an officer, director or trustee of any Insured, or any employee or agent of any Inared, or say person to whom the property covered may be entmeted, other than any carrier for hire; 10. Delay; toss of market or use; Toes resulting from interruption of busineea; other consequential lose; or lose directly attribu- table to any legal proceeding; 11. Order of any civil authority (except nets of destruction at the time of and for the purpose of preventing the spread of fire, provided that net fire did not ongmate from any peril excluded under this policy); 12. Fire, caused, directly directly or Indirectly, by: (a) enemy attack by armed forme, including action taken by military, naval or air forces in or or en immediately impending enemy attack; (b) invasion; (c) insurnction; (d) rebellion; (e) revolution; (f) civil war; (g) usurped 13. Other than by fire, caused, directly or indirectly, by: (a) hostile or warlike action in time of pence or war, Including action ro hindenng, combating or defending against an actual, impending or expected attack, (1) by any government or sovereign :power o a or (iii) e ii) by anagentof any such government, maintaining t, poweer,athority, or f It be novel ( g understood thata d military, explosion or use of any weapon of war employing atomic fission or radioactive force shall be conclusively presumed to be such a hostile or warlike action by ouch a government, power, authority or forces; (b) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence. 14. NUCLEAR CLAUSE (Applicable to the perils of fire and lightning): The word "fire" in this policy or endursementa t- tached thereto n not intended to and does not embrace nuclear reaction or nuclear radiation or radio active contamination, all whether .controlled, or controlled, and loss by nuclear reaction or nuclear radiation or radio active contamination is not intended to be and is not insured against by this policy or said endorsements, whether such loss be direct or indirect, proximate remote, or be in whole or In part caused by, contributed to, or aggravated by "fire" or any other Peril insured against by this policy or maid eadone- m ta; however, subject to the foregoing and all provisions of this policy, direct lose by "fire" resulting from nuclear reaction or nuclear radiation or radio active contamination is insured against by this policy. NUCLEAR o EXCLUION CL for CLAUSE (Applicable t pp l ioo le to Clause is insured against under this policy except the perils of fire and lightning Leas by nuclear reaction or nuclear radiation or radio active cantamiatton, all whether controlled or uncontrolled, or due to any act or condition incident to any of the foregoing, is not insured against by this policy, whether ouch loss be direct or Indirect, proxi- and nuclear radmtion caused radio by, c all who her p or uncontroll against by this pallet' o "smoke". od, is not •'exploefon't r, 16. WATER EXCLUSION CLAUSE: This policy does not insure against any lops caused by, resulting from, contributed to or aggravated by any of the foilowmg —(e) flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies of water, or spray from any of the foregoing, ell whether driven by wind or not; (b) water which backs up through sewers or drains; (c)water below the surface of the ground including that which exerts pressure on or flows, seeps or leaks through side- walks, driveways, foundations, walls, basement or other floors, or through doors, windows, or any other openings In such side - r forsuch r eneu ng loss; exoluniana shall notoapp loss ly to by i.plosion ue course of transit this while on the shall then be custody 01 00 liable only rr orafo hire. SECTION V.— DEDUCTIBLE: This Company shall be liable only when loss to property covered exrned Fifty Dollars (580.00) In . any one occurrence and then only for rim proportion of the excess; this Deductible, howm,er, Anil not apply to rose by fire, lightning, aircraft, explosion, riot, civil commotion, moke, vehicles, windstorm. hurricane or 60,1 to property contained in any building, vandal- ism and malicious mischief, leakage from fire protective sprinkler systems, burglary or robbery, or loss resulting from collision, upset or overturn of a conveyance. SECTION VI.— COINSURANCE CLAUSE: This Company shall not be liable for a greater proportion of any lose less the amount of deductible, if any, of or to the property described herein (including property covered under Section 11I— Extensions of Coverage) than the amount of Insurance bears to the percentage specified on the first page of this policy of the actual cash value of the prop- erty covered under Section II, at the time such loss shall happen, nor for more than the proportion which this policy bean to the total contributing insurance thereon. In the event that the aggregate claim for any lose Is both lees than ten thousand dollars (910,000.) and leas than five percent (0 %) of the total amount of co tnbuting insurance upon the property described herein at the time such loss occurs, no scial Inven- tory or appn ma inement of the undamaged property shall be required, provided, however, that nothing herein shall be construed to waive the application of the first paragraph of this clause. This clause shall apply acporately to each item of insurance covered. SECTION VII.— TENANT'S IMPROVEMENTS AND BETTERMENTS: (Applies Only when the Insured is not the building owner). In the event tenant's improvements and betterments covered hereunder are damaged or destroyed by a peril not excluded, this policy covers the Inrred's interest therein and the stability of this Company shall be determined as follows: 1. If repaired or replaced at the expense of the Insured within a reasonable time after such loss, the actual cash value of the damaged or estroyed property; 2. If not repaired or replaced within n reasonable time after such loss, that proportion of the original cost of the damaged or loss) on property o which 0 then lv the unexpired term 00 the (00.0 rental agreement (whether written or oral, in effect as of the time of ant; peso (n) date(a) ) property was installed to the expiration of mid, lease or rental agrees 3. If repaired or replaced at the expense of otters for the isle of the Insured, there ahall be no liability hereunder. SECTION VIII. —OTHER PROVISONS: A. Unearned Premium Clause. If a loss is paid under this policy, this insurance shall indemnify the insured for loss of the pro- rata unearned premium on the amount of such loss payment. This Company, however, may elect by written notice within sixty days after date of loss to reinstate this policy m the amount of such loss, and, In consideration of such reinstatement, make no payment to the insured as provided by this clause. fn a D. AOpomttonmenl. This Company short not ) Ills 6e Halite for o greater proportion of any loss Inc. the amount of deductible, if any, ance pent of exclu in this fans than 11 u t of insurance under this policy bears to the whole amount f fire insur- rig the property, 0. or which would hate covered tho property except for the existence of this insurance, whether collectable or not, and whether or not such other Ore Insurance rover. against the additional perils not excluded hereunder, (2) nor fore ter proportion of any foss less the amount of deductible, if any, than the amount hereby Insured bears to all Insurance whether collectible or t, covering In any manner such loss, or which would have covered such foss except for the existence of this Insurance, except If any type of insurance other than fire extended to cover additional perils or windstorm insurance applies to any roes to which this inaur- also applies, or would have applied to any such foss except for the existence of this insurance, the limit of liability of each type once of insurance for such loss, hereby designated as "joint loss ", shall first be determined as if it were the only insurance, and this type of insurance shall be liable for no greater proportion of joint loss than the limit of its liability for mull loss bears to the sum of all eueh su limits. The liability of thin Company (under this form) for such joint foss shall be limited to its proportionate part of the aggregate limit of this and all other insurance of the same type. The words "joint loss ", as used to the foregoing, mean that portion of the lass in excess of the highest deductible, if any, to which this farm and other types of Insurance above referred to both apply. C. Permits and Agreements Cause. Except as otherwise more specifically provided in this policy This Insurance shall not be prejudin,dcd (a) by any act ar neglect of the on nor of any building if the insured is not the owner thereof, or by any act or neglect of any occupant (other than the Insured) of any building, when such act or neglect of the owner or occupant to not within the con- trol of the Insured. or (b) by failure of the Insured to comply with any warranty or conditioned contained in any form or endorso- meet attached to this policy with regard to any portion of the premises over wroth the Insured has no control. D. Premiss Protection Clause. It is a condition of this polity that the Insured shall maintain, insofar as it is within his control, such protecti,e safeguards as were in effect at the time of attachment of this insurance and for which credit in rate has been granted. E. Breath of Warranty Cleuee. If a breach of any warranty or condition contained in any form or endorsement attached to or made a part of Ms policy shall occur, ich breach, by the t of such warranty r condition, shall operate to s this incur n o rn It Is greed that such suspension due to such breach hall be effective only during the continuance of such breach, and then only as to the building or fire divis,0n r contents therein or other separate location to which much warranty or condition hoe reference and In respect of which such breach occurs. F. Protection of Property- In the event of loss, it shall he necessary for the Insured to use all lawful and proper efforts for the safeguarding and recovery of the property c ,e d or its value without prejudice to this insurance, and this Company will contribute to the just and reasonable charges thereof in such proportion as the amount of insurance hereunder bears to the whole value of the property involved In the disaster at the time such loss skirl occur. The nets of each party or their agents In awing, preserving or recovering the property shell not he considered or held to be either n waif. or an acceptance of abandonment. G. Bailee's Cranes. This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. H. Subrogation. In the event of any payment under this policy, rs the Company shall be subrogated to all the Insured's rights of recovery therefor against any person, organization or government, and the Insured shall execute and deliver instruments and pape d d whatever else is necessary to secure such rights. This insurance shall not be Invalidated should the Insured waive in writing u alp Lhin to a g after Io lose any la to pre)u er all riggh dace ouch t of rc rights. y uga,nst any party for loss occurring to the property described herein, but the Insured shall S 1 Liberalization [loon: If during tee lnvmd that insurance in in force under thin policy, or within fortyflve (40) days prlor tleo Om Inception date thereof The State Board of insurance prescribes for general use mare liberal forms, e do icception nnemenls rus elite Ion l a t forms, then such r extended or b o detle4 insurance shal to the be _premium hereunder as though sueh ment or substitution of form had been made. FORM N0. I08— OFFICE CONTENTS SPECIAL FORM —March 1, 1990. Attached to and forming part of Policy No of the 'Insurance Company of issued at its , Texas, Agency. Dated Agents The following provision is added to the Basic Conditions contained in the policy to which this form is attached: Catastrophe Claims. If a claim results from a weather related catastrophe or a major natural disaster, each claim handling deadline shown under the Duties After Loss and Loss Payment provisions is extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which: (1) is declared a disaster under the Texas Disaster Act of 1975; or (2) is determined to be a catastrophe by the State Board of Insurance. 1 1 1 1 ' Prescribed by the State Board of Insurance Form No. 29C, Extension of Claims Processing Deadline After a Catastrophe Effective December 4, 1991 1 1 1 1 1 FORM NO. 29C Effective December 4, 1991 EXTENSION OF CLAIMS PROCESSING DEADLINE AFTER A CATASTROPHE - MANDATORY (This Endorsement Must be Attached to All Texas Standard Policies) 1 1 1 1 1 1 1 1 The following provision is added to Item B. CANCELLATION under the SPECIAL PROVISIONS APPLICABLE TO ALL COVERAGE PARTS: 1 Prescribed by the State Board of Insurance I Form No. TCPP -5, Texas Commercial Package Policy Mandatory Endorsement Effective September 1, 1991 1 1 1 1 1 1 1 TWS FORM NO. TCPP -5 Effective September 1, 1991 TEXAS COMMERCIAL PACKAGE POLICY MANDATORY ENDORSEMENT 1 7. This company may not cancel or refuse to renew this policy solely because the insured is an elected official. 1 ' DEFINITIONS SECTION I ' Building- Insurance on a building shall include everything which is legally part of the building, except machinery which is not used solely in the service of the building. It shall also include, if not otherwise insured, materials in • and adjacent to the building for making alterations, • extensions and repairs thereto (not to exceed 10% of the insurance hereunder on the building), and the following property belonging to the insured as building landlord but 1 not as tenant or occupant: maintenance equipment and supplies; floor coverings, window shades, and furnishings of corridors and stairs; and refrigerators and stoves. Dwelling Extension -At the option of the insured, insurance on a dwelling may be extended as excess insurance to the fences, drives, walks, yard fixtures, I private garages, servants' houses, and, if used solely in connection with the occupancy thereof, other out-buildings on the premises of the dwelling, to the extent of their respective actual values, but the aggregate of such ' extension shall not exceed 10% of the amount of insurance on such dwelling. In the application of this Dwelling Extension, boarding, rooming, fraternity, and sorority houses, and apartment buildings (containing not more ' than eight separate apartments) may be considered as dwellings. Household Goods - Insurance on household goods shall I include all personal property, usual to a residence, of the insured and his family. Household Goods Extension -At the option of the I insured, up to 10% of the insurance written specifically on "Household Goods" in a residence may be applied as excess insurance as follows: (a) on household goods of the insured elsewhere on the premises and when temporarily removed to • any other location in the United States of America, Canada, and Mexico, and, (b) while on the premises on household goods of servants and on household goods of others in the custody of the insured. ' Excess Insurance - Excess insurance provided herein shall not apply until all other insurance which would attach in the absence of this insurance is exhausted. • Stock Insurance on stock shall include all stocks of merchandise (finished, in process, or unfinished) including packaging materials, and, provided the insured is legally I liable therefor, property sold but not delivered,-held in trust, or on consignment, or for storage, or for repairs. Unless, specifically provided hereon, this policy does not cover I customers' goods in laundries, cleaning or pressing establishments. Furniture, Fixtures, and, or Machinery- Insurance on I furniture, fixtures, and, or machinery shall include all contents not included as "Building" or "Stock" and shall also include, provided the insured is not the owner of the building, the insured's interest in improvements and 1 .. 1 1 TEXAS STANDARD POLICY betterments made to the building if not specifically insured under this or any other policy. Contents - Insurance on "Contents" shall include all property included above in "Stock," "Furniture, Fixtures, and, or Machinery," "Household Goods," and, if not otherwise insured, personal property of the employees, officers, or partners; any loss to such personal property shall, at the option of this Company, be adjusted with and payable to the insured. Platform Clause- Insurance on stock, furniture, fixtures, or machinery shall cover while such property is contained, in additions and extensions adjoining and communicating with the building and while on platforms, sidewalks, alleys, and yards immediately adjacent, including while in railroad cars or other vehicles within 100 feet of the described building. Motor Vehicle -The term motor vehicle as it appears in this policy shall mean any motor vehicle except motorized equipment not subject to licensing for use on public thoroughfares and operated principally on the premises of the insured. SPECIAL CONDITIONS SECTION II Removal Clause- Within the specified limits, this policy shall cover expense and damage occasioned by removal from the premises endangered by the Perils insured against in this policy, and pro rata for five days at each place to which any of the property shall necessarily be removed for preservation. Unearned Premium Clause -If a loss is paid under this policy, this insurance shall indemnify the insured for loss of the pro rata unearned premium on the amount of such loss payment. This Company, however, may elect by written notice within sixty days after date of loss to reinstate this policy In the amount of such loss and, in consideration of such reinstatement, make no payment to the insured as provided by this clause. Pro Rata Distribution Clause -(Not applicable to those Items to which the 90% or 100% Coinsurance Clause is applied nor to the "Dwelling Extension" or "Household Goods Extension. ") If any Item of insurance covers on a building or structure and contents, or on more than one building, structure, or place, or the contents thereof, the amount of insurance under each such Item shall attach on each building, structure, or place or the contents thereof in that proportion which the value of each said building, structure, or place, or the contents thereof shall bear to the value of all of the property covered by such Item. Consequential Loss Clause -This Company shall not be liable for loss directly or indirectly caused by or resulting from any utility failure including but not limited to power, heating or cooling failures unless such failure results from physical damage to power, heating or cooling equipment situated on the premises where the property covered is located, caused by the peril(s) insured against. Nothing in the above shall change or alter in any manner PWG 251 (6-90) 1 other applicable provisions of Riot and Civil Contrnotion or Vandalism and Malicious Mischief insurance when provided under this policy. Residential Community Property Clause —It is un- derstood and agreed that this policy, subject to all other terms and conditions contained in this policy, when covering residential community property, as defined by state law, shall remain in full force and effect as to the interest of each spouse covered, irrespective of divorce or change of ownership between the spouses unless excluded by endorsement attached to this policy until the expiration of the policy or until canceled in accordance with the terms and conditions of this policy. Liberalization Clause —If during the period that insurance is in force under this policy, or within forty -five (45) days prior to the inception date thereof, the State Board of Insurance prescribes for general use more liberal forms, endorsements, rules or regulations by which this policy could be extended or broadened by endorsement or substitution of forms without additional premium charge, then such extended or broadened insurance shall be to the benefit of the insured hereunder as though such endorsement or substitution of form had been made. Coinsurance Clause —When it is indicated that coin- surance applies to the insurance under any Peril on any Item described herein, the insured shall maintain contributing and collectible insurance under each such Peril upon the respective Item of not less than the specified percentage of the actual cash value thereof; and, failing so to do, the insured shall be an insurer to the extent of such deficit and bear such proportionate part of loss on each such Item. In the application of this Coinsurance Clause, the value of foundations of buildings which are below the surface of the lowest basement floor or, where there is no basement, which are below the surface of the ground, shall be disregarded. If the aggregate claim for loss is both less than $10,000 and less than 5% of the total amount of insurance upon the property described hereon, no special inventory or appraisement of the undamaged property shall be required. This provision, however, shall not waive any of the requirements of the Coinsurance Clause. Debris Removal Clause —(For other than Reporting Form Policy): It is a condition of this policy that this insurance covers expenses incurred in the removal of all debris of the property insured hereunder which may be occasioned by loss caused by any of the perils insured against in this policy. However, the total liability under this policy shall not exceed the amount named therein, nor such proportion of such expense as the amount of insurance hereunder bears to the total amount of all insurance, whether such insurance includes this clause or not. In no event shall this policy cover against loss occasioned by the enforcement of any state or municipal law or ordinance which necessitates the demolition of any portion of the insured building which has not suffered damage by any of the perils insured against in this policy unless such liability is specifically assumed elsewhere in the policy. Cost of removal of debris shall not be considered in the determination of actual cash value when applying any Coinsurance, Average or Reduced Rate Contribution Clause attached to this policy. 2 Z1110 lightning) f he „mil u "t,,u" a... i attached thereto is not intended to and does not embrace nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or radioactive, contamination is not intended to be and is not insured against by this policy or said endorsements, whether such loss be direct or indirect, proximate or remote, or be in part caused by, contributed to, or aggravated by "fire" o any other peril insured against by this policy or said endorsements; however, subject to the foregoing and all provisions of this policy, direct loss by "fire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. " Nuclear Exclusion Clause — (Applicable to all perils insured against under this policy except the perils of fire and lightning which are otherwise provided for in the Nuclear Clause above): Loss by nuclear reaction a nuclear radiation or radioactive contamination, all whethe controlled or uncontrolled, or due to any act or condition incident to any of the foregoing, is not insured against by this policy, whether such loss be direct or indirect, against by this policy, whether such loss by direct or indirect proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by any of the perils insure against by this policy; and nuclear reaction or nuclea radiation or radioactive contamination, all whethe controlled or uncontrolled, is not "explosion" or "smoke." SPECIFIC COVERAGE CONDITIONS SECTION III Conditions Applicable Only to Extended Coverage. Insurance provided under this Coverage shall not b cumulative of but shall extend the coverage unde Coverage F (Fire) to include direct loss by windstorm, hurricane, hail, explosion, riot, civil commotion, smoke. aircraft, and land vehicles. , This Company shall not be liable for a greater proportion of any loss from any Peril included in this Coverage tha the amount of insurance under Coverage F (Fire) of thiy policy bears to the whole amount of fire insurance covering the property. The following conditions apply whether the Perils are, insured separately or under Extended Coverage. Glass Clause: As to glass insured hereunder, this in- surance shall apply as excess insurance. Conditions Applicable Only to Windstorm, Hurricane and Hall: Unless specifically named hereon, this Com- pany shall not be liable for loss to metal smokestack (except when securely fastened to walls of a masonry building), radio or television towers and antennas, wind- mills, wind chargers, outside erected signs, or green- houses, nor for loss caused by (a) blizzard or change in temperature, nor (b) by snow storm, tidal wave, high water or overflow, whether driven by wind or not, unless the wind or hail shall first make an opening in the walls or roof of the described building, and shall then be liable only fo loss to the interior of the building, or the Insured propert therein, caused immediately by rain entering the building through such openings. Unless specifically provided hereon the "Dwelling, Extension" shall not apply to structures extending wholly or partially over water. 1 1 onditiops Applicable Only to Explosion: This Com- aroy shall not be liable for loss by explosion, rupture, or ursting of steam boilers, steam pipes, steam turbines, steam engines, or flywheels, when such objects are I wned, operated, or controlled by the insured. This Com- any shall not be liable under this Coverage for damage aused by ensuing fire. c onditions Applicable Only to Riot and Civil Com- otion: Loss by riot or civil commotion shall include direct ss from pillage and looting when such pillage and looting occurs during and at the immediate place of a riot or civil ommotion, and shall also include direct loss of damage y acts of striking employees of the owner or tenant of bite described building while occupied by said striking employees. This Company shall not be liable under this I overage for loss resulting from ensuing fire or from hange in temperature. Conditions Applicable Only to Smoke: Loss by smoke hall be limited to loss caused by a sudden, unusual and ulty operation of any heating, disposal or cooking unit, my when such unit is connected to a chimney by a smoke I ipe, and while in or on the premises described herein, xcluding, however, smoke from fireplaces or industrial pparatus. Conditions Applicable Only to Damage by Aircraft and and Vehicles: Loss by aircraft shall include direct loss y falling aircraft, br objects falling therefrom, but this ompany shall not be liable for loss caused by any vehicle or aircraft (except falling aircraft) owned or operated by e insured, or by any tenant of the described premises, r by any agent employee, or member of the household of either. c onditions Applicable Only to Rents or Rental Value: surance provided by this Coverage shall indemnify the sured for direct loss of rents and, or rental value of the building described herein provided such loss results from e Perils insured against herein. Total liability hereunder hall not exceed the amount specified under "Total Insurance" (Column 4); nor shall the liability each month xceed the amount specified on Page 1 of this policy or proportionate part for less than a month. The term "Rents and, or Rental Value" shall mean the ntal value less such charges and expenses as do not ecessarily continue. t is hereby provided that if said premises or any part ereof shall be rendered untenantable by any of the Perils sured against, this Company shall thereupon become ble for the rental value of such untenantable portions. Loss shall be computed from the date of loss until such I me as the building could, with reasonable diligence and ispatch, be rendered again tenantable, although the eriod may extend beyond the expiration of this policy; except if only a portion of the building is rendered " tenantable, the number of months for which this ompany is liable shall not exceed the number of months for which this Company would have been liable in the event I e entire building had been rendered untenantable. If the sured occupies any portion of the building, a fair rental alue of the portion so occupied shall be considered as a part of the rental value insured. I this insurance covers on rents or rental value of more 1 3 than one building, the monthly liability and the total liability shall apply to each building in the same proportion that the rent or rental value of each building bears to the total rent or rental value of all buildings. MORTGAGE CLAUSE (Without Contribution) This policy, as to the interest of the mortgagee only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy; PROVIDED that the mortgagee shall notify this Company of any change of ownership or increase of hazard which shall come to the knowledge of said mortgagee, and unless permitted by this policy, it shall be noted hereon; and PROVIDED further that upon failure of the insured to render proof of loss, such mortgagee, upon notice, shall render proof of loss in the form herein specified within ninety -one days thereafter and shall be subject to the provisions hereof relating to appraisal and time of payment and of bringing suit. Failure upon the part of the mortgagee to comply with any of the foregoing obligations shall render the insurance under this policy null and void as to the interest of the mortgagee. This policy may be cancelled as to the interest of any mortgagee named hereon by giving such mortgagee thirty days written notice, except in the event cancellation is for non - payment of premium and then this policy may be cancelled as to the interest of any mortgagee named hereon by giving such mortgagee fourteen days written notice. If this Company shall claim that no liability existed as to the mortgagor or owner, it shall, to the extent of payment of loss to the mortgagee, be subrogated to all the mortgagee's rights of recovery, but without impairing mortgagee's right to sue; or it may pay off the mortgage debt and require an assignment thereof and of the mortgage. The word "mortgagee" shall be construed to mean mortgagee or trustee. It is understood and agreed that any provision relating to written notice of cancellation or non - renewal with respect to the mortgagee, applies only to the mortgagee specifically named in the policy and the company is not required to give written notice of cancellation or non - renewal to any successor or assignee of the mortgagee specifically named in the policy. In the event of a foreclosure under a deed of trust, the lender may cancel this policy of insurance covering the property foreclosed upon and shall be entitled to any unearned premiums from this policy, provided the lender credits the amount of such unearned premiums against any deficiency owed by the borrower and delivers any excess unearned premiums not so credited to the borrower. Unearned premium shall be determined by the customary short rate procedures. . • BASIC CO N I)I tie11 1it'.n I. This entire policy shall he said if. whether 72. . Concealment, before or after a loss, the Insured has wit- 73 fraucl. hilly concealed or misrepresented any 111,1 74 4. renal lace or circumstance "interning this msur.mcc. rot' the 75, 5. subject thereof. or the interest 01 the Insured therein, or in 76 6. case of any fraud or false swearing by the Insured relating 77. 7, thereto. 78. 1,1' This pnticy shall not cos cr accounts. money, 79. Excepted currency se cu ntics, deeds, or es 'knees of 80 0. property. debt; nnr, unless specifically named hereon. 81. I cloth uwnutgs, records and honks of records (except for Ihcn 82 2 physical value in blank). manuscripts, bullion, animals. motor 83. 3. schicics, or aircraft 84 4 Hazards not This Company shall not he liable for loss 85. 5, by Ore or other Perils insured against in 86. included. 6 they policy corned, directly or indeed.} 87. 7 by': f enemy attack by armed forcer, including actual taken 88 it 8 naval, l. qtr forces in k (6) an actual or an 89. immediately 9. immediate ediately y 'm pendinto g enemy attack; (b) asi (c) in- 90, 20. sue tine; (d) rebellion; le) resolution, (I) s civil n• oar. (g) 91. 21. usurped power: (h) order of any civil authority except acts 92. 22. of destruction at the lints of and for the purpose of pre. 93. 23. venting spread of (Ire, prodded that such lire did not 94. originate from any of the ha /ards excluded by this policy; 95. (i) neglect of the Insured to use all reasonable means to save 96. and preserve the properly at and alter a loss, or whcn the 97. property is endangered by fire in neighboring premises: 0) 98. nnr shall this Company he liable for loss by theft: (k) nor for 99. any electrical injury or disturbances to cicctncal appliances. 00. devices, or wiring resulting from artificial causes 01. Conditions Unless otherwise provided in writing added 02. hereto, this Company shall not be liable 03. suspending or restricting for loss occurring (a, h, and c applicable 04 insurance, only to Coverage P- Ivrc); 05 (a) while the Inward is increased by any 06 means within the knowledge and control of 0 the Insured- pro- 07. stifled such increase in hazard is not usual and incidental to the 08. occupancy as hereon described; or 09 (b) while a described building, whcthcr intended for occupancy 10. by owner or tenant, is vacant beyond a period of sixty con- 11. 5eeutive days. or 12. (c) as a result of explosion or riot. unless fire ensue. and in 13. that event for loss by fire only. or 14. (4) following a change in ownership of the insured prop- 15. crty. (0) while any other stipulation or condition of This policy is 17. being violated. 18. Chan ges or Changes in this policy may he made and 19. additions. I` Perils added hereon only by written en- 20. 21, 22. 23. 24. 25 26. 27. 28. 29. 30. 31 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42 43. 44 45 46. 47. 48. 49. 50. 51. 52. 53. 54. 55 56. 57, 58. 59. 60. 60A 600 dorsement properly executed by an author. izcd agent of this Company and attached hereto: but no pro• vision may be waived except such as by thc terms of t policy is subject to change Cancellation u '1 he Insured may cancel this policy by nn- of policy. lice to this Company; upon surrender of the policy this Company shall refund the short rate unearned paid prennunt This Company ntay cancel This policy by giving the Insured thirty (30) days written notice. except in the event cancellation is for non •payment of premium. and then this Company may cancel this policy by giving the in- sured fourteen days written notice; such nonce shall state that the pro rata unearned paid premium. if tendered. will be refunded 60C on demand. 61. Pro rata This Company shall not he liable for a 62. liability. greater proportion of any joss than the (13. ■anaunl hereby insured shall bc.ir to the 64. whole insurance cosenng the properly aganst the Peril in- 65. voiced, whether collectible or not; except if any article ur 66. piece of personal properly, covered hereunder by a general 67. Item (i.0.. one cos enng sec eral articles), is insured specify 68, telly (without an excess provision) under this. or any other 69. policy. then such general hens shall apply as excess oscr the 70 specific insurance and pay only for any actual loss sustained 71. over the amount of specdlc insurance. the Company tor the lull amount eta suth pnhcy, the pros 0.10111 of this n row le shall not appl) o personal properly 4 TIONS Requirements in The insured shall gave immediate noon, o Rcy Reif 11r entsrin this Company of any loss, protect the prop- case erly front further damage, separate the d5 aged and undamaged personal property, and furnish a c plctc inventory of all property insured by this policy sho in detail all costs. The Insured, as often as may be reason y required, shall exhibit to any person designated by this Com- pany all that remains of any property herein described, and submit to examinations under oath by any person named fly this Company. and subscribe the same; and, as often as be reasonably required, shall produce for examination all b_�_ of account, bills, Invoices, and other vouchers, or certified copies thereof if originals be lost, at such reasonable time'and place as inay be designated by this Company or its represe rise, and shall permit extracts and copies thereof. to be in • Wnhm ninety -one days after the loss, unless such Iim s extended in wasting, the Insured shall render to this Com a y a proof of loss signed and sworn to by Ole Insured Such proof of loss shall reveal to the best knowledge and belief of Insured the following: the time and cause of the loss; the (crest of the Insured and all others In the property, inclu�g any encumbrances thereon; all contracts of insurance, whc r said or not, covering such property; the actual cash value of each item of property and the amount of loss thereto; and by w)iont and for what purposes the building was occupied at e time of loss. No provision, stipulation, or forfetture of policy shall be waived by any requirement, act, or procee� of this Company relating to investigation, appraisal, or ad- juslment of any loss. Appraisal. In case the Insured and this Company s' I fail to agree as to the actual cash valu f the amount of loss, then, on the written demand of cite each shall select a competent and disinterested appraiser .1 notify the other of the appraiser selected within twenty days of such demand. Thc appraisers shall first select a compel tut and disinterested umpire; and failing for fifteen days to a upon such umpire, then, on request of the Insured or s Company. such umpire shall be selected by a judge of a trice court of a ,judicial district where the loss occurred. Thc appraisers shall then appraise the joss, stating separately actual cash value and loss to each item; and, failing to ago shall submit their differences only to the umpire. An awar I riling, so itemized, of any two when filed with this Compa_ shall determine thc amount of actual cash value and loss. Eac appraiser shall be paid by the party selecting him and the expenses of appraisal and umpire shall be paid by the par - s equally, Company's It shall be optional with this Company options. take all, or any pan, of the property at agreed or appraised value, and also to re- pair, rebuild, or replace the property destroyed or damaged with other of like kind and quality within a reasonable lit 24. on giving notice of its intention so to do within thirty d 25. alter the receipt of the proof of loss herein required. 26. Abandonment There can be no abandonment to this Com - 27. pony of any. property. 28 R hen loss The amount of joss for which this Cr 29. payable. pony may be liable shall be payable st 30. days after proof of loss, as herein provj_ ,_. 31. is received by this Company and ascertainment of the loss is 32. made tither by agreement between the Insured and this Com - 33. pany expressed in writing or by the filing with this Comp- 34. of an award as herein provided. 35 quit No sun or action on this policy for 36. recovery of any claim shall he sustain___ 37. in any court of law or equity unless all the requirements of 38 this policy shall have been complied with, and unless com- 39. ntenced within two years and one day next after cause ( 40. action accrues. 41. Subrogation. hrogati This Company may require from the R. 42. surcd an assignment of all right of recov- 43. cry against any parry for loss to the extent that payment 44. therefor is made by this Company Thc Insured may not, 45. cep' it be in writing executed prior to the loss, waive his ri 46. of recovery from any parry. 1 ) i nsaranse under this palmy he merle by a mutual or any other company has ing special regulations lawfully apphtahlc to its organization, membership, bylaws, palicyhu s or politics or uimrdtis of insurance who h would in any manner escmpt sash company from any tnndiom(s) of this policy or which would affect or change any condition(s)1: policy whether such esenlpnanfsl or change Pl relate to premium payment, assessments. or any other performance hereunder, such special regulations which are lawfully appli Ii arc printed hereon or atlathcd hereto as endorsements • Article 6.13. Polity a Liquidated Demand. A fire ansur.mmc polity, io mdse of .11111,11 loss by fare of property insured, shall be held and considered a liquidated demand aprons 1 1 '•, 1 1 1 ,1 1 1 1 LAWAP Form 1J5948 11 (5/91) ISSUED BY THE COMPANY NAMED IN THE DECLARATIONS A MEMBER OF THE PW GROUP. INC. THEIDGROUP 747 INSURANCE SINCE 1799 Commercial Liability Umbrella Policy This Policy Jacket with the Declarations Page, Forms, and Endorsements, if any, completes the Policy Corporate Office: 20 Washington Place, Providence, RI 02903 Item 5. If coverage a. This Insurance deny, shown b. The Supplemental from the c. The premium the annual under this policy is on a "claims- made" basis: does not apply to injury or "property damage" which occurs before the Retroactive Date, here (Enter Date or None Extended Reporting Period, if purchased, lasts end of the policy period: YEARS. (Enter "UNL" If ',I no Retroactive Date applies) for the number of years shown below no time limit.) limited to a maximum of the percentage shown of for the Supplemental Extended Reporting Period Is premium of the applicable coverage' Premium Com utation Rating Basis Estimated Exposure Rate Estimated Premium Deposit Premium Minimum Premium Audit Period Flat $ 4200. $ NA $ NA NA SCHEDULE A OF UNDERLYING INSURANCE TYPE OF POLICY OR COVERAGE INSURER LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE IrOCCURRENCE Western Allaince Ins. Co. . 01 -12 -94/95 TCX 81 76 88 Each Occurrence Coverage A $ 1,000,000. "Personal & Advertising Injury" Coverage B $ 1 ,000,000. General Aggregate Other than Products /Completed Operations $ 2,000 000 Products /Completed Operations aggregate $ 2„ODIUM— "Bodily Injury" Liability Each Person $ • • Each occurrence $ "Property Damage" Liability Each occurrence $ Combined Single Limit $ 1 AUTOMOBILE LIABILITY Providence Washington Ins. 01 -12 -94/95 TAX 38 79 84 EMPLOYERS LIABILITY Texas Workers' Comp Ins. Fund TSF 119742 -00 02 -01 -94 to 08 -10 -94 ,GO0,nnn. "Bodily Injury" by Accident each accident S 100,000. "Bodily Injury" by Disease "Bodily Policy Limit Disease s 500,000. 1 Y by each emelo ee s 100,000. MISC. LIABILITY - # . d + RICHA•DS INSURANCE AGENCY i I Item 3. 1 1 • i 1 1 1 1 1 1 1 1 1 1 THE GROUP 11' Item 1. Named Insured and Mailing Address rNatous Construction Co., Inc. PO Box 5258 Temple, TX. 76505 L_ COMMERCIAL LIABILITY UMBRELLA POLICY cu 4 8 6 7 4 8 ❑ DE Providence Washington XX Western Alliance Ins -. coARATIONS INSURANCE COMPANY NEW RENEWAL OF AGENT OR BROKER — 1 P Richards Ins. Agency PO Box 3623 J Temple, TX. 76505 The "named insured" is. ❑ Individual ❑ Partnership XXCorporation ❑ Joint Venture ❑ Other This Declaration page, with policy provisions and endorsements, if any, issued to form a part thereof, completes the above numbered Policy. Endorsements Attached. 03406,.13407, U3409, 113248,_ U5343 ,_05395,_1/5393,_1.15933,_112901 Item 2. Policy Period: From: 01- 12 -94 „ To• 91_12 - 95p„ „ (12:01) A.M. Standard Time at the address of the Insured stated above) T J Limit of Liability: The limit of the company's lability shall be as stated herein, subject to all the terms of this policy having reference thereto. (A) $ 1,000,000. Single Limit any one occurrence "Bodily Injury" and "Property Damage" Liability or "Personal Injury" and "Advertising Injury" Liability or any combination thereof in excess of: (1) the Limits of Insurance of the underlying Insurance as set out in the Schedule A. or (2) $ (SeR in,a 25, ra Ret000. ennom "ultimate net loss" in respect of each occurrence not covered by said underlying insurance. (B) $ 1,000,000. Policy Aggregate Limit for each annual period. Item 4. Claims Made Coverage Date of Issue A0/03 10 94/6730/ jm Countersigned by ichards Ins I mule TX. U5395 1/88 AUTO LIABILITY LIMITATIONS This endorsement modifies insurance provided under the Commercial Liability Umbrella policy. The following supersedes any provisions to the contrary. It is agreed that this insurance does not apply to any liability for "bodily injury" or "property damage" arising out of an "automobile hazard" unless: a> Such liability is covered by valid and collectible "underlying insurance" as shown in Schedule A; and b) Only for "bodily injury" or "property damage" arising out of an "automobile hazard" which is covered under the "underlying insurance." TH EI UP CONTRACTUAL LIABILITY FOLLOWING FORM ENDORSEMENT 1 This endorsement modifies insurance provided under the Commercial Liability Umbrella Policy. It is agreed that this insurance does not apply to any liability for "bodily injury." "property damage,' "personal injury" or "advertising injury" for which the "Insured" is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless the liability is covered: 1) by valid and collectible "underlying insurance as shown in Schedule A; and 2) Only for "bodily injury," "property damage," 'personal injury" or "advertising injury" which is covered under the "underlying insur- ance." 1 1 1 1 1 CONTRACTORS' ENDORSEMENT This endorsement modifies Insurance provided under the Commercial Liability Umbrella Policy. The following supersedes any provisions to the contrary. A. It is agreed that this policy does not apply to any liability for "property damage': [1] To property leased or rented to, used by, or in the care, custody or control of the 'insured'; or [2] To which the 'insured" is for any purpose exercising physical control; [3] Arising out of the 'explosion hazard", the 'collapse hazard' or the 'underground property damage hazard'. The following additional definitions apply: ' Explosion hazard" including property damage arising out of blasting or explosion. the 'explosion hazard' does not include 'property damage' arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. "Collapse hazard' includes 'structural property damage" and any resulting 'property damage" to any other property at any time. "Structural property damage" means the collapse of or structural injury to any building or structure due to [a] Grading of land, excavating, borrowing, filling, back - filling, tunneling, pile driving, cofferdam work or caisson work; or [b] Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. ' Underground property damage hazard" indudes ' underground property damage" and any resulting 'property damage to any other property at any time. 'Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back - filling or pile driving. The above exclusions do nog apply as long as such liability Is covered: [a] By valid and collectable "underlying insurance" as shown in Schedule A; and [b] Only for the hazards which are covered under the 'underlying insurance'. B. It is further agreed that this policy does not apply to 'bodily injury" or 'property damage' arising out of: [1] Any project insured under a wrap -up or similar rating plan; [2] The rendering or failing to render professional services by or on behalf of the "insured'. Professional services include: [a] Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or [b] Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or [c] Supervisory, inspection or engineering services. [3] Operations preformed by "you" or on "your" behalf with respect to operations of a partnership orjointventure of which 'you" are a member. Attached to and forming a part of Policy No. of the PROVIDENCE WASHINGTON INSURANCE GROUP Issued to U534316921 42 TFIE�1 C7 ur Agent 1 ntIP L,n0uP /f / COMMERCIAL LIABILITY UMBRELLA POLICY Employers Liability Endorsement 1 It is agreed that this insurance does not apply to "bodily injury" to any employee of the "insured" arising out of and in the course of - ' employment by the insured unless such liability is covered by valid and collectible underlying insurance as listed in the schedule of underlying insurance, for at least the Limits shown below. Limit of Liability 1 "Bodily Injury" by Accident 9100,000 each accident • "Bodily Injury" by Disease 9500,000 policy limit • "Bodily Injury" by Disease 9100,000 each employee This insurance does not cover: Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimina- ' tion against or termination of any employee, or any personnel practices, policies, acts or omissions. Bodily Injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950), the I Nonappropriated Fund Instrumentalities Act (5 USC Sections 8171 - 8173), the Outer Continental Shelf Lands Act (43 USC Sections 1331- 1356), the Defense Base Act (421_15C Sections 1651-1654). the Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901- 942), any other federal workers or workmen's compensation law or other federal occupational disease law, or any amendments to these laws. ' Bodily Injury to any person in work subject to the Federal Employers' Liability Act (45 USC Sections 51 -60), any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws. 1 Bodily Injury to a master or member of the crew of any vessel. 1 Fines or penalties imposed for violation of federal or state law. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801 -1872) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws. 1 1 1 . 1 1 1 U5933 (692) 48 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • TI IGROUP s / 1" AUTOMOBILE NON -OWNED COVERAGE ONLY ENDORSEMENT This endorsement modifies insurance provided under the Commercial Liability Umbrella Policy. It is agreed that this insurance does not apply to any liability for "bodily injury" or "property damage" arising out of the operation, mainte- nance, use, loading or unloading of any owned automobile. This insurance will apply to any liability for "bodily injury" or "property dam- age" arising out of the operation, maintenance, use, loading or unloading of any non -owned automobile if the liability is covered: 1) by valid and collectible "underlying insurance" as shown in Schedule A: and 2) Only for "bodily injury" or "property damage" which is covered under the "underlying insurance " U2901 (10/92) a9 THE GROUP ! 11' 1 UNIMPAIRED LIMITS OF INSURANCE OCCURRENCE COVERAGE 1 This endorsement modifies insurance provided under the Commercial liability Policy. The following supersedes any provisions to the contrary. In consideration of the premium charged, it is understood and agreed that: a) The Limits of Insurance of the Underlying insurance as shown in Schedule A shall be unimpaired as of the beginning of the policy period shown in the Declarations; and b) For the purposes of this insurance, only 'occurrences' taking place during the policy period shown In the Declarations shall be considered in the exhaustion of the Limits of Insurance of the Underlying Insurance. Attached to the forming part of Policy No.: of the PW Group. Issued To 1 Agent: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11n; )GROUP 11' INSURANCE SINCE 17 TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement changes the policy. Please react it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA POLICY Exclusion e. under COVERAGE A (Section 1) is replaced by the following: e. (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time except when the "bodily injury" or "property damage" arises out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. U3406 (7/93) U3406 (7/93) ru r. TG WU) , 11 INSURANCE SINCE 1799 • TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA POLICY Exclusion e. under COVERAGE A (Section 1) is replaced by the following: e. (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time except when the "bodily injury" or "property damage" arises out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. 1 1 1 1 1 1 1 1 1 1 1 1 1 : 1 1 1 1 .TII1�� UP IASUOApa 51771 1799 It is agreed that the policy is amended as follows: I. The word "indemnify" replaces the words "pay on behalf of in the following sections: (a) Under Section 1, Coverage A. 1. Insuring Agreement. (b) Under Coverage B., 1. Insuring Agreement. (c) Under Section II - Defense and Supplementary Payments— Coverages A and B. II. The word 'duty" Is replaced by 'right in the following Sections: Western Alliance Providence Washington INSURANCE COMPANY INSURANCE COMPANY (a) Under Section 11- Defense and Supplementary Payments—Coverages A and B, sentence 1. (b) Under Section V - Commercial Liability Umbrella Policy Conditions, 10. Other Insurance, b. III. .Section I. Coverage A., 1. Insuring Agreement, (3) and (4) are replaced with the following: COMMERCIAL UMBRELLA POLICY Amendatory Endorsement - Texas (3) We may defend any "claims" or "suit" not covered by "Underlying Insurance" shown in the Declarations; we also may defend such claims or suits if the applicable limit of 'Underlying Insurance" Is used up; but (4) Our right to defend any existing or future "suits" ends when we have used up the applicable Limit of Insurance in payment of judgements or settlements under Coverages A or B. IV. The words and duty' are deleted in Section V, 1. Appeals. V. Section V. Commercial Liability Policy Conditions, 3. Cancellation is deleted in its entirety and replaced with the following cancellation provision. 3. CANCELLATION This cancellation provision supersedes and replaces the cancellation provision contained in this policy. u3248 n-su 0.4 AMENDATORY ENDORSEMENT 1 . The insured may cancel this policy by notice to 'us'. Upon demand and surrender of this policy, 'we' will refund the unearned premium determined by the customary short rate procedures. 2 Except as provided in #3. below, we may not cancel this policy after the 60th day following the effective date of this policy 3 We may cancel this policy at any time during the term of this policy for the following reasons' U3249 (7-91) (a) fraud in obtaining coverage; (b) failure to pay premiums when due; (c) an increase in hazard within the control of the insured which would produce an increase in rate; (d) loss of "our' reinsurance covering all or part of the risk covered by this policy, or, (e) this company being placed in supervieon, conservatorship or receivership, if the cancellation or non- renewal is approved or directed by the supervisor, conservator or receiver. 4 We must deliver or mail to the first- named insured under this policy, at the address shown on this policy, written notice of cancellation of this policy not less than the 10th day before the date on which the cancellation takes effect. 5 At the option of the insured, this policy must be renewed at the expiration, unless we deliver or mail to the first -named insured written notice of the non renewal of this policy at the address shown on this policy. The notice must be delivered or mailed not later than the 60th day before the date on which this policy expires. If notice is delivered or mailed later than the 60th day before the date on which this policy expires, the coverage shall remain in effect until the 61st day after the date on which the notice is delivered or mailed. Earned premium for any period of coverage that extends beyond the expiration date of this policy shall be computed pro rata based on the rate charged for this expired policy. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew 6. In notice to the insured relating to cancellation or refusal to renew we must state the reason for the cancellation or non - renewal. -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 : 1 1 1 1 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain Information or make a complaint: You may call the company's toll -free telephone number for information or to make a complaint at 1- 800- 252 -9710 You may contact the Texas Department of In- surance to obtain Information on companies, coverages, rights or complaints at 1- 800 - 252 -3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede !lamer al numero de telefono gratis de la compania para informacion o para someter una queja at 1- 800 - 252 -9710 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acer- ca de companies, coberturas, derechos o quejas al 1- 800 - 252 -3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475 -1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. ,r • •r�- r'a 'f:l COMMERCIAL LIABILITY UMBRELLA POLICY. PLEASE READ THIS POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, COVERAGE AND COVERAGE RESTRICTIONS. The words "you" and "your" in this policy refer to the "Named Insured" shown in the Declarations. The words "we," "us" and "our" refer to the Company indicated in Item 1. of the DECLARATIONS. The word "Insured" means any person or organization qualifying as such under - SECTION III - WHO IS AN INSURED, beginning on page 6. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VU - DEFINI- TIONS, beginning on page 13. SECTION I - INSURING AGREEMENTS In consideration of the payment of premium and in reliance upon statements you made during the process of obtaining this insurance and subject to the Limit of Insurance shown in Item 3. of the Declarations Page, and all the exclusions, terms and conditions of this policy, "we" agree with "you" as follows: COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement We will pay on behalf of the "Insured" for "Ultimate Net Loss" in excess of the "Retained Limit" because of "Bodily Injury" or "Property Damage" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION II - DEFENSE AND SUPPLEMENTARY PAYMENTS - COVERAGES A and B. a. Claims Made Insurance - With regard to "Bodily Injury" or "Property Damage ". (1) To which "Underlying Insurance" written on a claims made basis as shown in Schedule A of "Underly- ing Insurance " applies, or would apply but for exhaustion of its limits; or (2) Covered by this policy but not covered by "Underlying Insurance ". This insurance applies only if a "claim" for damages is first made against any "Insured" during the policy period of this policy. But this insurance does not apply to any injury or damage which occurred before the "Retroactive Date" shown in item 4. of the Declarations Page of this policy or which occurred after the policy period of this policy. It is agreed that: (1) A claim by a person or organization seeking damages will be deemed to have been made when notice of such "claim" is received and recorded by any "Insured" or by "us ", whichever comes first. '(2) All Claims for damages because of "bodily injury" to the same person, including damages claimed by any person or organization for care, loss of services, or death resulting at any time from the "bodily injury" will be deemed to have been made at the time the first of those "claims" is made against any "Insured ". All "claims" for damages because of "property damage" causing loss to the same person or organiza- tion as a result of an "occurrence" will be deemed to have been made at the time the first of those "claims" is made against any "Insured ". (3) b. Other than Claims Made Insurance This insurance applies to "bodily injury" or "property damage" covered by any "Underlying Insurance" written on other than a claims made basis which would apply but for the exhaustion of its limits but only if such "bodily injury" or "property damage" occurs during the policy period of this policy, and it is agreed that: (1) Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury ". (2) "Property damage" that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the "occurrence" that caused it. Page 1 of 16 E Is N ty iE Y- cy re er ce sd ay st 'a- se e" ut it - e, be 16 "We" have the right defend any "claim" or "suit" against the "Insured" seeking damages for "bodily h , injury" or "property damage" to which this insurance applies, but; (1) The amount "we" will pay for "Ultimate Net Loss" is limited as described in SECTION IV - LIMIT , OF INSURANCE; (2) At "our" discretion, "we" may investigate any "occurrence" and settle any y g y "claim" or "suit" that , may result; 7t (3) We have a duty to defend any "claims" or "suits" not covered by any "Underlying Insurance" shown t.• • in the Declarations; we also have the duty to defend such claims or suits if the applicable limit of "Underlying Insurance" is used up; but I (4) , Both "our" right and duty to defend any existing or future "suits" end when "we" have used up the applicable Limit of Insurance in payment of judgements or settlements under Coverages A or B. • c. In any event, the "bodily injury" or "property damage" must be caused by an "occurrence" and the "occurrence" must take place in the "coverage territory ". 2. ,Exclusions This insurance does not apply to: a. "Bodily injury" or "property damage" either expected or intended from the standpoint of the "Insured ". jr,,,, This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect l t, persons or property. : f b. "Bodily injury" or "property damage" for which the "Insured" is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for �. - damages: + „ 4 _ + (1) Assumed in a contract or agreement that is an "Insured Contract "; or (2) That the "Insured" would have in the absence of the contract or agreement. ,c. Liability imposed on the "Insured" or the "Insured's" insurer, under any of the following laws: 1 (1) Employees' Retirement Income Security Act (E.R.I.S.A.) of 1974 as now or hereafter amended, or sill (2) any uninsured motorists, underinsured motorists, or automobile no -fault or first party "bodily in- jury" or "property damage" law, or (3) any workers' compensation, unemployment compensation, or disability benefits law, or any similar law. d. "Bodily Injury" to: ; , , (1) Any officer, director, or employee of the "Insured" who is injured by any other officer, director or xtos'to;,temployee of the same "Insured" in the course of such employment; or • t r (2) Any current or former officer, director, or employee of the "Insured ", or any applicant for employ- ment by the "Insured ", arising out of employment practices of the "Insured ", including wrongful dismissal or wrongful termination of any officer, director or employee. ;+ (3) The spouse, child, parent, brother or sister of that officer, director, employee or applicant for employ- ment as a consequence of (1) or (2) above. This exclusion applies: (1) Whether the "Insured" may be liable as an employer or in any other capacity; and ` (2) To any obligation to share damages with or repay someone else who must pay damages because tin • t'of'such "bodily injury ". This exclusion does not apply to liability assumed by the "Insured" under an "Insured Contract ". .72t(1}' "Bodil Injury" or "property damage" arising out of the actual, alleged or threatened discharge, disper- "' sal, release or escape of pollutants. (a) That are, or that are contained in any property that is: iG • l • (i) Being moved from the place where such property or pollutants are accepted by the "insured" for movement into or onto an "auto "; (ii) Being transported or towed by an "auto "; (iii) Otherwise in the course of transit; 7+ is (iv) Being stored, disposed of, treated or processed in or upon an "auto "; or (v) Being moved from an "auto" to the place where such property or "pollutants" are finally delivered, disposed of or abandoned by the "insured "; 1':'., - Page 2of16 1 1 1 1 1 1 1 e 1 1 i 1 V 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 1 1 (b) At or from premises "you" own, rent or occupy; ,.(c) At or from any site or location used by or for "you" or others for the handling, storage, disposal, processing or treatment of "waste material "; . (d) At or from any site or location on which "you" or any contractors or subcontractors working directly or indirectly on "your" behalf are performing operations; (i) to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the "pollutants "; or f ■ (ii) if the "pollutants" are brought on or to the site in connection with such operations; or ,.(e) Which are at any time transported, handled, sorted, treated, disposed of, or processed'as "waste material" by or for "you" or any person or organization for whom "you" may be legally responsible. (2) Any loss, cost or expense arising out of any governmental direction or request that "you" test for monitor, clean up, remove, contain, treat, detoxify or neutralize "pollutants ". "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. "Waste material" includes materials which are intended to be or have been recycled, reconditioned or reclaimed. 1'. Paragraphs (1)(a) (iv.) and (1)(b) through (1)(e) do not apply to fuels, lubricants, fluids, exhaust gases or ! other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the insured "auto" or its parts, if the "pollutants" escape or are discharged, dispersed or ' released directly from an "auto" part designed by its manufacturer to hold, store, receive or,dispose of such "pollutants ". c .,•ifr, Paragraphs (1)(b) through (1)(e) do not apply to "pollutants" not in or upon an "auto" if: • '• "' (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damag- ed as a result of the maintenance or use of an "auto "; (2) The discharge, dispersal, release or escape of the "pollutants" is caused directly by such upset, over- ' turn or damage; and (3) The "bodily injury" or "property damage" is not otherwise excluded under paragraph (1Xa) of this exclusion. Paragraphs (1)(b) and (1)(d)(ii) of this exclusion do not apply to "Bodily Injury" or "Property Damage" caus- ed by heat, smoke or fumes from a "hostile fire ". As used herein, a "hostile fire" is one which becomes .,uncontrollable or breaks out from where it was intended to be. 1. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any "Insured ". Use includes operation and "loading" or "unloading ". •''' This exclusion does not apply to: (1) Watercraft while ashore on premises "you" own or rent; (2) Watercraft "you" do not own that are: [ • I (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge. (3) Liability assumed under any "Insured Contract" for the ownership, maintenance or use of aircraft or • watercraft. g. "Bodily injury" or "Property damage" arising out of the use of any "mobile equipment" in, or while in prac- tice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. h. Liability assumed under any' Insured Contract" for "bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion, revolu- tion, or acts of terrorism. i. "Property damage" to: ;t (1) Property "you" own; • (2) Premises "you" sell, give away or abandon, [f the property damage arises out of any part of those premises; (3) That particular part of real property on which "you" or any contractor or subcontractor working directly ' or indirectly on "your" behalf is performing operations, if the "property damage" arises out of those operations; or Page 3 of 16 "We" have the right to defend any "claim" or "suit" against the "Insured" seeking damages for "bodily ji injury" or "property damage" to which this insurance applies, but (1) The amount "we" will pay for "Ultimate Net Loss" is limited as described in SECTION IV - LIMIT OF INSURANCE; COf 2 ( At "our" discretion, "we" may investigate any 'occurrence" and settle any y g y ' y "claim" or "suit" that may result; ic ' (3) We have a duty to defend any " claims" or " suits" not covered by any "Underlying Insurance" shown • in the Declarations; we also have the duty to defend such claims or suits if the applicable limit of .,„ "Underlying Insurance" is used up; but (4) „Both ;'our" right and duty to defend any existing or future "suits" end when "we" have used up t. the applicable Limit of Insurance in payment of judgements or settlements under Coverages A or 8. c. In any event, the "bodily injury" or "property damage" must be caused by an "occurrence" and the "occurrence" must take place in the "coverage territory ". 2. ;E , This insurance does not apply to: 1 a._ "Bodily injury" or "property damage" either expected or intended from the standpoint of the "Insured ". ic.11rThis exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect is t persons or property. 4f t. b:.' "Bodily injury" or "property damage" for which the "Insured" is obligated to pay damages by reason ii' of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: ,, cr ,(1) Assumed in a contract or agreement that is an "Insured Contract "; or i ., • y.. (2) That the "Insured" would have in the absence of the contract or agreement. D c. Liability imposed on the "Insured" or the "Insured's" insurer, under any of the following laws:„ (1) Employees' Retirement Income Security Act (E.R.I.S.A.) of 1974 as now or hereafter amended, or t rif (2), any uninsured motorists, underinsured motorists, or automobile no -fault or first party "bodily in- jury" or "property damage" law, or j ; , any workers' compensation, unemployment compensation, or disability benefits law, or any similar law. zd. "Bodily Injury" to: (1) • Any officer, director, or employee of the "Insured" who is injured by any other officer, director or eio too of the same "Insured" in the course of such employment; or , ri ='ir'(2) Any current or former officer, director, or employee of the "Insured ", or any applicant for employ- ment by the "Insured ", arising out of employment practices of the "Insured ", including wrongful dismissal or wrongful termination of any officer, director or employee. (3) The spouse, child, parent, brother or sister of that officer, director, employee or applicant for employ- ment as a consequence of (1) or (2) above. This exclusion applies: (1) ,Whether the "Insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because io 1 ' -:l'of'such "bodily injury ". This exclusion does not apply to liability assumed by the "Insured" under an "Insured Contract ". •,r i :, Bodily Injury" or "property damage" .. e} i " arising out of the actual, alleged or threatened discharge; disper -' sal, release or escape of pollutants: 73 5;• (a That are, or that are contained in any property that is: i' (i) Being moved from the place where such property or pollutants are accepted by the "insured" for movement into or onto an "auto "; (ii) Being transported or towed by an "auto ", (iii) Otherwise in the course of transit; ;'f , i t; (iv) Being stored, disposed of, treated or processed in or upon an "auto"; or (v) Being moved from an "auto" to the place where such property or "pollutants" are finally delivered, disposed of or abandoned by the "insured "; lit r' ,. Page 2 of 16 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 1 1 1 - r 1 1 1 1 1 1 1 1 1 1 1 : (3) "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; 4. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed • to radiation in a "nuclear reactor "; "'`' '' I ' ' ' 5. "Waste" means any waste material: ' '• ,,- 3 ' 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" con- tent, and ' , , .r iu r t t"' ' b.•' resulting from the operation by any person or organization of any "nuclear facility" included under?! the first two paragraphs of the definition of "nuclear facility". l' ,i '' ^.•tr) • 6.• "Nuclear facility" means: a. Any "nuclear reactor "; i. ,, .1 )' ' ' b. Any equipment or device designed or used for: t 1 ,, (1) ' iQ ' (1) separating the isotopes of uranium or plutonium, i,t S) •11 - ,c - ",: • (2) processing or utilizing "spent fuel ", or r , (3) handling, processing or packaging "waste'; „ r c. Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" r . , if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium 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 "; ion ' I`.) 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; , , - .,, r, 7. "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; , , j I yid,•'I" ,, 8. "Property damage" includes all forms of radioactive contamination of property. , • . • • o.. -To any liability for "property damage," "bodily injury" sickness, disease, occupational disease, disability, t .; shock, death, mental anguish and mental injury at any time arising out of the manufacture of mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust, or to any obligation of any Insured to indemnify any party because of damages aris- ing out of such "property damage," "bodily injury," sickness, disease, occupational disease, disability,'shock, ', death, mental anguish or mental injury at any time as a result of the manufacture of, mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos .fibers or asbestos dust. It is further understood and agreed that we are not obligated to defend any suit or claim against any In- z sured alleging "bodily injury" or "property damage" and seeking damages, if such "suit" or "claim" arises from "bodily injury" or "property damage" resulting from or contributed to, by any and all manu ctur e of, mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestosaesos products, asbestos fibers or asbestos dust. i • ,r r C OVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1_, Insuring Agreement r ' " • • "We" will pay on behalf of the "Insured for "Ultimate Net Loss" in excess of the' Retained Limit" because of . "personal injury" or "advertising injury" to which this insurance applies. No other obligation or liability • to pay sums or perform acts or services is covered unless explicitly provided for under SECTION II - DEFENSE r '' AND SUPPLEMENTARY PAYMENTS - COVERAGES A and B. a. Claims Made Insurance .. With regard to "Personal Injury" or "Advertising Injury ": (1) To which "Underlying Insurance" written on a claims made basis as shown in Schedule A of "Underly- ing Insurance " applies, or would apply but for exhaustion of its limits; or • S ,t (2) Covered by this policy but not covered by "Underlying Insurance ". This insurance applies only if a "claim" for damages is first made against any "Insured" during the policy Page 5 of 16 (4) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it Paragraph (2) of this exclusion does not apply if the premises are your work" and were never occupied, rented or held for rental by "you ". Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a sidetrack agreement. I. Paragraph (4) o1 this exclusion does not apply to "property damage" included in the "products- completed n operations hazard ". j. "Property damage" to "your product" arising out of it or any part of it. k. "Property damage" to your work" arising out of it or any part of it and included in the "products- completed operations hazard ". j This exclusion does not apply if the damaged work or the work out of which the damage arises was perform -,,, ed on "your" behalf by a subcontractor. I. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: - (1) A defect, deficiency, inadequacy or dangerous condition in your product" or "your work "; or (2) A delay or failure by "you" or anyone acting on "your" behalf to perform a contract or agreement in accordance with its terms. • This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical , -injury to your product" or "your work" after it has been put to its intended use. . m. Damages claimed for any loss, cost or expense incurred by "you" or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1 (1) "Your product ", (2) Your work" or 9 "' "Impaired property "; if such product, work or property is withdrawn or recalled from the market or from use by any person or rorganization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. n. "Bodily Injury" or "Property Damage ": ' o ,(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 Under - . c,:le,.writers, Nuclear Insurance Association of Canada or any of their successors, or would be an insured ns under any such policy but for its termination upon exhaustion of its limit of liability; or ' „l (2) Resulting from the "hazardous properties” of "nuclear material" and with respect to which: i 2, fY (a) any person o "r organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or _, ,, : , 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 It , of America, or any agency thereof, with any person or organization. ar (3) Resulting from the "hazardous properties" of nuclear material, if: (a) The "nuclear material ": t 111. (i) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (ii) has been discharged or dispersed therefrom; , + • (b) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled tus= 3611 ed, processed, stored, transported or disposed of by or on behalf of an "insured "; -or• a " 1 (c) , 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, opera- " tion 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 subparagraph (3) applies only to "property damage" to such "nuclear facility" and any property threat. - • ‘ used in this'exclusion n.: •, 1. "Hazardous Properties" include radioactive, toxic or explosive properties; {,, 2. "Nuclear material ",means "source material, Special nuclear material" or "byproduct material "; u ' - Page 4 of 16 1 1 1 1 1 :4 1 SECTION II - DEFENSE AND SUPPLEMENTARY PAYMENTS - COVERAGES A and B When "we" have the duty to defend, "we" will pay on behalf of the "Insured" for: ., ,,•, 1. Up to $250 for cost of bail bonds required because of accidents or traffic law violations related to an acci- dent arising out of the use of any vehicle to which this policy applies. We do not have to furnish these bonds. 2." The cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. "We" do not have to furnish these bonds. 3. All reasonable expenses incurred by the "Insured" at "our" request to assist "us" in the investigation or defense of any "claim" or "suit ", including actual loss of earnings up to $250 a day because of time off from work. er• ": to j,,.d 4. All costs taxed against the "Insured" in any "suit" "we" defend. 5. "Pre- judgment interest" awarded against the "Insured" on that part of any judgment covered under this policy. If "we" offer the applicable Limit of Insurance in settlement of a claim or suit, "we" will not pay on behalf of the "Insured" any "pre - judgment" interest imposed or earned after the date of such offer. All interest earned on that part of any judgment within the Limit of Insurance after entry of the judgment and before "we" have paid on behalf of the "Insured ", offered to pay, or deposited in court that part of any.judgment that is within the applicable Limit of Insurance. Payments under this section of the policy, as well as payments for all expenses we incur, will not reduce the Limit of Insurance. ' - 1 ' I • SECTION III - WHO IS AN INSURED tf ,t 1. If you are designated in the Declarations as: individual, "you" and "your" spouse are "Insureds ", but only with respect to the conduct of a business ' of which "you" are the sole owner. v 411.. b. A partnership or joint venture, "you" are an "Insured ". "Your" members; "your" partners, and their ' '' spouses are also "Insureds ", but only with respect to the conduct of "your" business. 'rc'ti, t ;) s ' c. An organization other than a partnership or joint venture, you are an "Insured ". "Your" executive officers and directors are "Insureds ", but only with respect to their duties as "your" officers or direc- . tors. "Your" stockholders are also "Insureds ", but only with respect to their liability as stockholders. 2. Each of the following is also an "Insured ": . . • .1 '•+i a. "Your" employees, other than "your" executive officers, but only for acts within the scope of their employ- ment by "you ". However, none of these employees is an "Insured" for: ; (1) " Bodily injury" or "personal injury" to "you" or to a co- employee while in the cours of his or her employment; or J (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide profes- sional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee; any= of "your" other employees, or any of "your" partners or members (if "you" are a partnership or joint venture). b. Any person (other than "your" employee) or any organization while acting as "your" real estate manager. c. Any person or organization having proper temporary custody of "your" property if "you" die, but only: ,,, (1) With respect to liability arising out of the maintenance or use of that property; and ' (2) Until "your" legal representative has been appointed. d. "Your" legal representative if you die, but only with respect to duties as such. That representative will have all "your" rights and duties under this policy. I .. •, e. Any other person or organization who is insured under any policy of "Underlying Insurance ". The coverage , , afforded such "insureds" under this policy will be no broader than the "Underlying Insurance" except for this policy's "Limit of Insurance ". f. Any person or organization for whom you have agreed to provide insurance such as is afforded by this policy, but only with respect to operations performed by "you" or on "your" behalf, or facilities owned or used by "you ". I :I.) 3. With respect to: I , .' pn ` I; a. any "auto "; or , b. "mobile equipment" registered in "your" name under any motor vehicle registration law;. any person is an "insured" while driving such "auto" or "mobile equipment" along a public highway with "your" permission. Any other person or organization responsible for the conduct of such person is also an "Insured ", but only with respect to liability arising out of the operation of the "auto" or registered "mobile equipment ". Page 7 of 16 Period of this policy. But this insurance does not apply to any injury or damage which occurred before the "Retroactive Date" shown in item 4. of the Declarations Page of this policy or which occurred after the '• policy period of this policy. r It . is agreed that: -1 (1) A claim by a person or organization seeking damages will be deemed to have been made when notice of such "claim" is received and recorded by any "Insured" or by "us ", whichever comes first. 1.,(2) All "claims" for damages because of "personal injury" or "advertising injury" causing loss to the same 1 person or organization as a result of an "offense" will be deemed to have been made at the time the first of those "claims" is made against any "Insured ". rt 2 Y r b, Other than Claims Made Insurance i This insurance applies to "personal injury" or "advertising injury" covered by any "Underlying Insurance" t written on other than a claims made basis which would apply but for the exhaustion of its limits but , to P, only if such "personal injury" or "advertising injury" occurs during the policy period of this policy. "We" will have the right to defend any "claim" or "suit" seeking damages for "Personal injury" or "adver- itt < tising injury" to which this insurance applies, but: 4 i (1) The amount "we" will pay for "Ultimate Net Loss" is limited as described in SECTION IV LIMIT OF INSURANCE. (2) At "our" discretion, "we" may investigate and settle any ' "'''" () " " Y g y "claim" or 'suit ": , • r ,i (3) We have a duty to defend any "claims" or "suits" not covered by any "Underlying Insurance" shown in the Declarations or by any other insurance; we also have the duty to defend such claims 'OF suits 0113 .t, if the applicable limit of "Underlying Insurance" is used up; but (4) Both "our ",right and duty to defend any existing or future "suits" end when "we" have'iused up 9vitu:oxuthe applicable Limit of Insurance in payment of judgments or settlements under Coverages A or B. c.iThis insurance applies to "personal injury" only if caused by an "offense ": 1 Arising out of the conduct of "our business, excluding advertising, g "your" g g, publishing, broadcasting or telecasting done by or for "you ". d. This insurance applies to "advertising injury" only if caused by an "offense" committed: ' =1 • (1) In the course of advertising "your" goods, products or services. '' • 'Soil 'It q•c .., . 2 e. The "personal injury" or "advertising injury" must be caused by an "offense" and the "offense must be committed in the "coverage territory ". 2.; Exclusions , ,• „ ;i •%This insurance does not apply to: a. "Personal injury" or "advertising injury ": .tea. (1) ' Arising out of oral or written publication of material, if done by or at the direction of the "Insured" 'y" "'' with knowledge of its falsity: (2) Arising out of oral or written publication of materiai whose first publication took place before the beginning of the policy period; oviir (3)' Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the "Insured "; or For which the "Insured" has assumed liability in a contract or agreement. This exclusion does not E apply to liability for damages that the "Insured" would have in the absence of the contract or 2til },tc t, agreement. t ' • b.;,t "Advertising injury" arising out of: ' . (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or n (4) An "offense" committed by an "Insured" whose business is advertising, broadcasting, publishing rua ,y ' or telecasting. ; • c. "Personal Injury" arising out of discrimination or humiliation. • Page 6 of 16 3. Cancellation ' I a. The first "Named Insured" shown in the Declarations may cancel this policy by delivering it to "us "' or any of "our" authorized agents or by sending "us" written notice stating when the future cancellation ' will take effect. Cancellation will become effective the date of delivery of the policy to "us'C or the date ' • . requested by the first "Named Insured ". b. "We" may cancel this policy by mailing or delivering to the first "Named Insured" written notice of the cancellation at least: •, ' r ' ' '' (1) Ten (10) days before the effective date of cancellation if "we" cancel because of: ' K . •.. (a) non - payment of premium whether payable directly to "us" or payable to "our" agents or others 7. under any installment payment plan, premium finance plan, extension of credit or,othei pay- ment plan; • ,- , fr.- (b) any bankruptcy or debtor relief proceeding brought by or against "you or - (0\ (2) Thirty (30) days before the effective date of cancellation if "we" cancel for any other reason. c. "We" will mail or deliver "our" notice to the first "Named Insured's" last mailing address known to "us" y ' • d: Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. '' e. If this policy is cancelled, "we" will send the first "Named Insured" any premium refund due. If "we" I cancel, the refund will be pro rata. If the first "Named Insured" cancels the refund may be less than pro rata. The cancellation will be effective even if "we" have not made or offered any refund of unearned ' premium. n '.�,r..� ,r.,:i 1 .b f. If notice is mailed, proof of mailing will be sufficient proof of notice. "'' i:i 4. Changes This policy contains all the agreements between "you" and "us" concerning the insurance afforded. The first "Named Insured" shown in the Declarations is authorized to make changes in the terms of this policy with "our" consent. This policy's terms can be amended or waived only by endorsement issued by "us" and made a part of this policy. "We" shall not be bound by any assignment of interest by an "Insured" unless "our" consent to such assignment is endorsed onto this policy. „ F „ ;),;tf ;•- 5. Duties In The Event Of Occurrence, Claim Or Suit , , r r r a. "You" must see to it that "we" or our authorized representative are notified as soon as practicable of an "occurrence" which may result in a "claim" under Coverage A; or an "offense" which may result in a "claim" under Coverage B of this policy. To the extent possible, notice should include: , ,, (1) How, when, and where the "occurrence" or alleged "offense" took place; • s .`.9/ ;_01•a, (2) The " Insured's" name and address; ll , , l , , (3) The names and addresses of any injured persons or witnesses; and „ (4) The nature and location of any injury or damage arising out of the 'occurrence" or "offense ".'. , Notice of an "occurrence" or an "offense" is not notice of a "claim ". o c b. If a "claim" is made or "suit" is brought against any "Insured ", "you" must: • U , •,!t • `•,,; r (1) Immediately record the specifics of the "claim" and the date received; and '''..' :I'' r • (2) Notify "us" as soon as practicable. e 4 11 ' "You" must see to it that "we" receive written notice of the "claim" or "suit" as soon as practicable. c. "You" and any other involved "Insured" must: • , . _ :* .t■••r• (1) Immediately send "us" copies of any demands, notices, summonses or legal papers received in con- nection with the "claim" or "suit "; • 1 I ',..d;0.) - it f (2) (2) Authorize "us" to obtain records and other information; z'-'•z ^r ' S (3) Cooperate with "us" in the investigation, settlement or defense of the "claim" or -"suit"; and ., i ., . (4) Assist "us," upon "our" request, in the enforcement of any right against any person or organization whjch may be liable to the "Insured" because of injury or damage to which this insurance may also apply d. No "Insureds" will, except at their own cost, voluntarily make a payment, assume any obligation, or, incur any expense without "our" consent. , ; ...! " ` 6. Examination of Your Books and Records "We" may examine and audit "your" books and records as they relate to this policy at any time during the "policy period and up to three years afterward. Page 9 of 16 However, the owner or anyone else from whom "you" hire or borrow an "auto" is an "Insured" only if that "auto" is a trailer connected to an "auto" "you" own But no person or organization is an "Insured" under this paragraph 3. for: e';• a. "Bodily Inury" to a co-employee of the person driving the "auto" or "mobile equipment "; or b. "Property Damage" to property owned by "you" or the employer of any person who is an "Insured" under 6;111. this provision; or c. Any "auto" "you" hire or borrow from one of "your" partners, or employees, or members of their households, if they are the owner of such "auto "; or d. any "auto" being used by a person employed in the business of selling, servicing, repairing, or parking r ''' "'autos ", unless they are "your" employee, or "t'e.'the movement of property to or from an "auto" except "you", employees, partners, lessees or borrowers of such "auto" and any employees of the lessees or borrowers. 4. ' Any organization "you" newly acquire or form, other than a partnership or joint venture, and over which "you" maintain ownership or majority interest, will be deemed to be a "Named Insured ". However: a, Coverage under this provision is afforded only until the 90th day after "you" acquire or form the organiza- tion or the end of the policy period, whichever is earlier; b. Coverage is applicable only in excess of the Limits of "Underlying Insurance" as shown in Schedule A of "Underlying Insurance ", and "you" must add such organization to "your" "Underlying Insurance" ni itf;as soon as practicable, advising "us" of such additions. "We" may then make adjustment of premium 1 I_ charges as called for in Condition 9. "Maintenance of Underlying Insurance ". „r c. Coverage A does not apply to "bodily injury" or "property damage" that occurred before "you" acquired or formed the organization; and d. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an "offense" corn- ' mitted before "you" acquired or formed the organization. ' N r pei•son or organization is an "Insured" with respect to the conduct of any current or past partnership or r k, joint venture that is not shown as a "Named Insured" in the Declarations. 2u �.4u ,.,eer . • "bautVnf" tv SECTION IV - LIMIT OF INSURANCE 1. The Limit of Insurance shown in Item 3. of the Declarations and the rules below fix the most "we" will pay r regardless of the number of: • tl:,ta: "Insureds "; b. "Claims" made - or "suits" brought; or c. Persons or organization making "claims" or bringing "suits ". - 2. The Policy Aggregate Limit is the most "we" will pay for: a. All "Ultimate Net Loss" under Coverage A and Coverage B, except "Ultimate Net Loss" because of injury or damage arising from the "automobile hazard ". . "b. Each" "occurrence" with regard to "Ultimate Net Loss" because of injury or damage arising from the "automobile hazard ". 3. If the Limit of Insurance is paid prior to this policy's termination date for losses other than losses arising from the "Automobile Hazard ", this policy's premium is fully earned. 4. The Limit of Insurance applies separately to each consecutive annual period, and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless 4, the policy period is extended after issuance for an additional period of less than 12 months. In that case, e;r the additional period will be deemed part of the last preceding period for purposes of determining the Limit of Insurance. -nu; 01 r,. V i, • SECTION V - COMMERCIAL LIABILITY UMBRELLA POLICY CONDITIONS 1. Appeals . tin the event the "Insured" or any "Underlying Insurer" elects not to appeal a judgement which exceeds � o , „the "Retained Limit ", we may elect to do so. We shall be liable, in addition to the "Limit of Insurance ", for all costs, taxes, expenses incurred and interest on judgments incidental to such an appeal and for all t ; 'such costs, expenses and interest on appeals in connection with our right and duty to defend the "Insured" under SECTION II, DEFENSE AND SUPPLEMENTARY PAYMENTS. 2.? Bankruptcy'-' • Bankruptcy, insolvency, or receivership of the "Insured ", the "Insured's" estate or of any "Underlying In- surer" will not relieve "us” of "our" obligations under this Policy, but with regard to bankruptcy, insolven- cy, or receivership of any "Underlying Insurer" this policy shall not apply as a replacement of such bankrupt ^?`' or insolvent insurer and "our" Limits of Insurance will apply only in excess of the required Limit(s) of In- surance stated in Schedule A of "Underlying Insurance", of the Declarations of this policy. •, v t ti i PAGE of 16 1 11. Premium Audit a. "We" will compute all premiums for this policy in accordance with "our" rules and rates. '''•,' ' b. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, "we" will compute the earned premium for that period. Audit premiums are due and payable on notice to the first "Named Insured ". If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, "we" will return the excess to the first "Named Insured ", ' • but not if such audit premium is less than the Minimum Premium shown in the Declarations.• " . c. The first "Named Insured" must keep records of the information "we" need for premium computation, and send "us" copies at such times as "we", may request. 12. Premiums , r' -' '•,p r, The first "Named Insured" shown in the Declarations: ,,,. a. Is responsible for the payment of all premiums; and ; ,;I b. Will be the payee for any return premiums "we" pay. iIv' 13. Representations ■1 ::1' ,:•' " "-f .H By accepting this policy, "you" agree that: " • ''r "' f • "' 4 ` 't a.' The information shown on the Declarations Page is accurate and complete; Ir i,f•., , rl'•;t; r' ■ b. The information is based upon representations "you" made to "us" in "your" application(s) for this policy; c. "We" have issued this policy in reliance upon "your" representations; and "• ' '`'''ri A ii i•i :. d. That this policy is void in any case of fraud by "you" relating to it. It is also void if "you" intentionally „ , conceal or misrepresent any material facts concerning this policy, in "your" application for this policy, or otherwise. ' irfr, +, i ; " ' a ' .. 3r, , 14. Separation of Insureds ; Except with respect to the Limit of Insurance, and any rights or duties specifically assigned to the first "Named ,, E,,,, Insured ", this insurance applies: ;, v , n a. As if each "Named Insured" were the only "Named Insured "; and b. Separately to each "insured" against whom "claim" is made or "suit" is brought. ' a 3 15. Sole Agent , • • u mY•} The "Named Insured" first shown in Item 1. of the Declarations Page is authorized to act on behalf of all .:'Insureds" with respect to giving or receiving notice of cancellation, receiving refunds, and agreeing to any changes in this policy. , . ' t it r I ti: i,t` 16. Transfer Of Rights Of Recovery Against Others To Us • ' alfr . In '' ' " If the "Insured" has rights to recover all or part of any payment "we" have made under this policy, those : - ' rights are transferred to "us ". The "Insured" must do nothing after loss to impair them. At "our" request, the "Insured" will bring "suit" or transfer those rights to "us" and help "us" enforce them. rt' rat Any recoveries shall be applied first to reimburse any interests (including the "Insured ") that may have ,.., paid any amounts in excess of our liability under this policy; then to reimburse "us" for any payment hereunder; and lastly to reimburse such interests (including the "Insured ") as to which this policy is ex- cess, as are entitled to the residue, if any. When "we" assist in pursuit of the "Insured's" rights of recovery, reasonable expenses resulting therefrom t ° . 'shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. If there should be no recovery as a result of proceedings instituted solely at "our" request, "we ",shall bear all expenses of such proceedings. 17. Transfer of Your Rights and Duties Under This Policy • "Your" rights and duties under this policy may not be transferred without "our" written consent except in the case of death of an individual "Named Insured ". . ' If "you" die, "your" rights and duties will be transferred to "your" legal representative but only while acting within the scope of duties as "your" legal representative. Until "your" legal representative is appointed, f anyone having proper temporary custody of "your" property will have "your" rights and duties but only with respect to that property. Page 11 of 16 7. Inspection and Surveys "We" have the right but are not obligated to: f;,, Make inspections and surveys at any time; a1 i b. Give "you" reports on the conditions "we" find; and c: Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be r _ charged. "We" do not make safety inspections. "We" do not undertake to perform the duty of any person Or organization to provide for the health or safety of workers or the public. And "we" do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. t • v i t This condition applies not only to "us ", but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations "our" behalf. + . • 8. Legal Action Against Us No person or organization has a right under this policy: a. To join "us" as a party or otherwise bring "us" into a "suit" asking for damages from an "Insured "; or ;�. b. To sue "us" under this policy unless all of its terms have been fully complied with. A person or organization may sue "us" to recover on an agreed settlement or on a final judgment against Or an "Insured" obtained after an actual trial; but "we" will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. An agreed settle- '"' ment means a settlement and release of liability signed by "us," the "Insured" and the claimant or the claimant's legal representative. 9. Maintenance of Underlying Insurance "You" must keep the "Underlying Insurance" described in Schedule A of "Underlying Insurance" of the Declarations Page of this policy, or renewal or replacement policies not more restrictive in their terms and condition, in full force and effect during the policy period of this policy and with respect to Claims made "Underlying Insurance ", during any Extended Reporting Period of this policy. The Limits of Insurance must be maintained without reduction other than by payment of losses covered thereunder. You must also in- form us within 30 days of any cancellation of any policy of "Underlying Insurance ", or replacement of any Ilc 1 policy of "Underlying Insurance" by the "Underlying Insurer" or any other insurer. "Your" failure to comply with the foregoing shall not invalidate this policy, but in the event of such failure, "we" shall be liable under this policy only to the extent that "we" would have been liable had "you" com- ' f plied with these obligations. ..: ;•, i u` • t,Z,ir;Ii; You must notify "us" immediately of any changes to the terms of any "Underlying Insurance" policies. may make adjustment of premium charges under this policy from the effective date of such changes to the terms of any "Underlying Insurance" policies. t10: Other Insurance , ti inc olhei valid and collectible insurance is available to the "Insured" for "Ultimate Net Loss" "we" cover F S Unde - this policy, "our" obligations under this policy are limited as follows: • a. Excess Insurance i+IL. e. This insurance is excess over any other insurance, whether primary, excess, contingent or on other basis, .except such insurance as is specifically purchased to apply in excess of this policy's Limit of Insurance. "We" will pay only "our" share of the amount of "Ultimate Net Loss ", if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; to f.,,', !. and (2) The total of all deductible and self-insured amounts under this or any other insurance. ' ' dr,rr d t :I ti. We" will have no duty under Coverages A or B to defend any "claim" or "suit" that any other insurer t;• has a duty to defend. If no other insurer defends, "we" may undertake to do so, but "we" will be entitl- ed to the "Insured's" rights against all other insurers. g: t,, - • f Page 10 of 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - •18.'When We Do Not Renew ' "'If "we" decide not to renew this policy, "we" will mail or deliver to the first "Named Insured" shown in the Declarations written notice of the non - renewal not less than 30 days before the expiration date. ' If notice is mailed, proof of mailing will be sufficient proof of notice. • 19. Your Right to Claim and Occurrence Information "We" will provide the first "Named Insured" shown in the Declarations the following information relating ro to this and any preceding Commercial Liability Umbrella Policy "we" have issued to "you" during the previous three years: a. A list or other record of each "occurrence" or "offense ", not previously reported to any other insurer, no74,, of which "we" were notified in accordance with paragraph 5.a. of this section. "We" will include the date and brief description of the "occurrence" or "offense" if that information was in the notice "we" received. b. A summary by policy year, of amounts paid and amounts reserved, stated separately, under any appli- cable Policy Aggregate Limit. 6N Arriounts reserved are based on "our" judgement. They are subject to change and should not be regarded as ultimate settlement values. If "we" cancel or elect not to renew this policy, "we" will provide such information not later than 30 days before the date of policy termination. In other circumstances, we will provide this information only if "we" receive a written request from the first "Named Insured" within 60 days after the end of the policy period. In this case, "we" will provide this information within 45 days of receipt of the request. "We" , compile ;'claim" and "occurrence" information for "our" own business purposes and exercise rrI .reasonable care In doing so. In providing this information to the first "Named Insured ", "we" make no representations or warranties to "insureds ", insurers, or others to whom this information is furnished by - nvor:on behalf of any "Insured ". Cancellation or non - renewal will be effective even if "we" inadvertently pro - ' .sa vide inaccurate information. Y �i 1•} -iii, , v ;' 20. When Loss Payable Our liability for "Ultimate Net Loss" shall not apply until the "Insured" or any "Underlying Insurer" shall t1 be obligated to pay the "Retained Limit ". When "Ultimate Net Loss" has been determined, the "Insured" Ion may make "claim" for payment under this policy as soon as practicable thereafter. Such "Insured's" obliga- tion to pay any amount of "Ultimate Net Lost" shall have been finally determined either by judgment against the "Insured" after actual trial or by written agreement of the "Insured ", the claimant and us. ' •'ire, . 7 t ill i. d: t' ' ,'iC•4 i' I . SECTION VI - EXTENDED REPORTING PERIODS . , This Section applies only to Claims Made insurance. 1 � �' W e b.,' ill provide one or more Extended Reporting Periods as described below, for such Claims Made Coverage as is afforded under Coverage A or B of this policy if: "if . a. This policy is cancelled or not renewed; or eta; b.',;.We" renew or replace this policy with insurance: Ie l Which provides Claims Made Coverage with a "Retroactive Date" later than the "Retroactive Date" • shown in item 4 of the Declarations Page of this policy; or F' nE'"'`(2)' Which does not apply on a Claims Made basis. . 2. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for. a. Five years for "claims" arising out of an "occurrence" or an "offense" reported to "us", not later than 60 days after the end of the policy period, in accordance with paragraph 5.a. of SECTION V - COMMERCIAL LIABILITY UMBRELLA POLICY CONDITIONS; or 6;C7r1J' b. Sixty days for all other "claims ". The Basic Extended Reporting Period does not apply to "claims" that are covered under any subsequent insurance "you" purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such "claims ". if7fsif :,u`f Page 12 of 16 3. A Supplemental Extended Reporting Period for the period designated in the Declarations is available, but .1 only by an endorsement and for an extra charge. This supplemental period starts: . ' , „ a. Five years after the end of the policy period for "claims" arising out of an "occurrence" or an "of- 1 Tense" reported to "us" not later than 60 days after the end of the policy period, in accordance with paragraph 5.a. of SECTION V - COMMERCIAL LIABILITY UMBRELLA POLICY CONDITIONS; or b. Sixty days after the end of the policy period for all other "claims ". ' ' ' "You" must give "us" a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless "you" pay the additional ' premium promptly when due and: ' i , ' a: ' Maintain any Claims Made "Underlying Insurance" in full force and effect as specified in Condition ' 9, Maintenance of "Underlying Insurance" of this policy, or , • b. Purchase a Supplemental Extended Reporting Period endorsement on any "Underlying Insurance" 1 written on a Claims Made basis. "We" will determine the additional premium in accordance with "our" rules and rates. In doing so, ';we" may take into account the following. ,. , ` ., g z. ' ,,:, • a. The exposures insured; ; ! I •• II b) Previous types and amounts of insurance; . • ` c . ' Limit of Insurance available under this policy for future payment of damages; and " 1 = t .. ra ,i, ' d. other related factors. The additional premium will not exceed the percentage indicated in the Declarations of the annual premium 1 The this Policy. '" The endorsement shall set forth the terms, not inconsistent with this section, applicable to the Supplemen- tal Extended Reporting Period, including a provision to the effect that the insurance afforded for "claims" , first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. '' ' ` a ' ''t " 4. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. ' They apply only to "claims" covered by this policy on a Claims Made basis for "Bodily Injury ", "property , damage ", "personal injury" or "advertising injury" that occurs before the end of the policy period (but not before the "Retroactive Date" shown in Item 4 of the Declarations of this policy). " r f "Claims" for such injury or damage which are first received and recorded during the Basic Extended Repor- 1 ting Period of this policy (or during the Supplemental Extended Reporting Period of this policy, if it is in effect) will be deemed to have been made on the last day of the policy period of this policy, irrespective ' of any "Underlying Insurance" policy's Extended Reporting Period(s). Once in effect, Extended Reporting Periods may not be cancelled, unless "Underlying Insurance" is not maintained. , 5. Extended Reporting Periods do not reinstate or increase the Limit of Insurance applicable to any "claim" to which this policy applies, except to the extent described in paragraph 6 of this section. 1 ` 6. If the Supplemental Extended Reporting Period is in effect, "we" will provide the separate policy aggregate ' Limit of Insurance described below, but only for "claims" first received and recorded during the Supplemental Extended Reporting Period. • • • The separate Policy Aggregate Limit of Insurance will be equal to the Policy Aggregate Limit of Insurance shown in Item 3 of the Declarations of this policy. • s � ,.r � r ' I • SECTION VII - DEFINITIONS 1. "Advertising Injury" means injury arising out of one or more of the following "offenses ": a. Oral or written publication of material that slanders or libels a person or organization or disparages a 1 person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or , yt . t d. Infringement of copyright, title or slogan. Page 13 of 16 t 1 1 1 1 1 1 • •' -' 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment ". 3. "Automobile Hazard" means liability arising out of the ownership, maintenance, repair, use, loading or '4 unloading of any "auto ". 4. "Bodily Injury" means bodily injury, sickness, disease, shock, fright, mental injury or disability sustained by a natural person, including death resulting from any of these at any time. 5. "Claim" means any demand upon the "Insured" for damages including the service of "suit" papers or ar- bitration proceedings against the "Insured" for damages or services alleging liability of the "Insured" as the result of an "occurrence" or "offense" which may or may not be covered by this policy. "Claim" does `not include reports of accidents, or "occurrences ", or any acts, errors, "offenses" or omissions which may give rise to a "claim ". 6 - "Coverage Territory" means anywhere in the world if the "Insured's" responsibility to pay damages is deter - f ' I ' & ` in a "suit" on the merits, in the United States of America (including its territories and possessions), Puerto Rico or Canada or in a settlement "we" agree to. . lcard . 7. ''Impaired Property" means tangible property, other than your product" or your work ", that cannot be used or is less useful because: a. It incorporates your product" or "your work" that is known or thought to be defective, deficient, inade- a,or quate or dangerous; or yer turn b :.."You" have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work "; or b. "Your" fulfilling the terms of the contract or agreement. 8. "Insured Contract" means: a. A lease of premises; sa.:el A sidetrack agreement; ; : c. Any easement or license agreement in connection with vehicle or pedestrian private railr crossings 1 "` at grade; or • d. Any other easement agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; An indemnity agreement in favor of a municipality as required by ordinance, except in connection with ' work for a municipality; - f.'An elevator maintenance agreement; or ." tt part of any other contract or agreement pertaining to "your" business under which "you" assume niwc{I „r the tort liability of another to pay damages because of "bodily injury” or "property damage" to a third ' person or organization, if the contract or agreement is made prior to the "bodily injury" or "property damage." Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. . t , , z;,1,1,,, An 'insured contract" does not include that part of any contract or agreement: e3w, a. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 'Ay ;i (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury :q s ' ? or damage; . b. Under which the "Insured ", if an architect, engineer or surveyor, assumes liability for injury or damage arising out of the "Insured's" rendering or failing to render professional services, including but not limited to those listed in a. above and supervisory, inspection or engineering services; or c. That indemnifies any person or organization for damage by fire to premises rented or loaned to "you ". 9. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or, "auto "; , b. While it is in or on an aircraft, watercraft or "auto" or �1 ^ ' Page 14 of 16 c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivdred; ' but "loading or Unloading not include the movement of property by means of a mechanical device, . other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". ., . 10. "Mobile Equipment" means any of the following types of land vehicles, including any attached machinery t or equipment: : - r a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; ., b. Vehicles maintained for use solely on or next to premises "you" own or rent; r , !• c. Vehicles that travel on crawler treads; ' d. Vehicles, whether self-propelled or not, on which are permanently mounted: • ' 'f` r ' (1) Power cranes, shovels, loaders, diggers or drills; or , (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self- propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical ' - ' exploration, lighting and well servicing equipment; or F " j (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes,other than,the transpor- tation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos "; (1) Equipment designed primarily for: a. Snow removal; 'f b. Road maintenance, but not construction or resurfacing; rt • . .,1' to c. Street cleaning; ' (2) Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers; and (3) ' Air compressors, pumps and generators, including spraying, welding, budding cleaning, geophysical ex- ploration, lighting or well servicing equipment. .0 ^.t 11. "Occurrence" means , a. with respect to "Bodily Injury" or "Property Damage ", an accident, including continuous or repeated exposure to substantially the same general harmful conditions; or, b. with respect to employees of the "Named Insured ", "Bodily Injury" caused by accident or disease. 12. "Offense" means any of the "offenses" included in the definitions of "Advertising Injury" or "Personal Injury". 13. "Personal Injury" means injury, other than "bodily injury ", arising out of one or more of the following "offenses ' : j r 44, a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies; d. Oral or written publication of material that slanders or libels a person or organization or disparages f�'- •, ; a person's or organization's goods, products or services; or e. Oral or written publication of material that violates a person's right of privacy. ' : • 14. a. "Products- Completed Operations Hazard" includes all "bodily injury" and "property damage" occurr- ing away from premises "you" own or rent and arising out of your product" or "your work" except: —(110 11 1 (1) Products that are still in your" physical possession; or 1 : 2 ' 1 ' ' ' (2) Work that has not yet been completed or abandoned. b. Your Work" will be deemed completed at the earliest of the following times: r . '' (1) When all of the work called for in "your" contract has been completed. •, (2) When all of the work to be done at the site has been completed if "your" contract calls for work ii".-t'' + ' at more than one site. ' 0 (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. , r r _ , Page 15 of 16 Work that may need service, maintenance. for 1c .lion, repair or replacement, but which is otherwise com- plete, will be treated as completed. c. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehi- cle created by the "loading or unloading" of it; (2) The existence of tools, umnstalled equipment or abandoned or unused materials; 15. "Pre- judgement Interest" means interest added to a settlement, verdict, award of judgement based on the amount of time prior to the settlement, verdict, award or judgement whether or not made part of the settle- ment, verdict, award or judgement. 16. "Property Damage" means' a. Physical injury to tangible property, including all resulting toss of use of that property; or b. Loss of use of tangible property that is not physically injured. 17. "Retained Limit" means the greater of. a. that amount of "Underlying Insurance" applicable to any "claim" or "suit ", whether such "Underlying Insurance" is collectable or not; or b. the amount of "Self- Insured Retention" as shown in Item 3 (A) (2). of the Declarations of this policy. 18. "Retroactive Date" means the date stated in Item 4. of the Declarations Page. 19. "Self Insured Retention" means the dollar amount specified in Item 3 (A) (2). of the Declarations. 20. "Suit" means a civil proceeding in which damages because of "advertising injury ", "bodily injury ", "per- sonal injury" or "property damage" to which this insurance applies are alleged. "Suit" includes an arbitra- tion proceeding alleging such damages to which "you" must submit or submit with "our" consent. 21. "Your Product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) "You " (2) Others trading under "your" name; or (3) A person or organization whose business or assets "you" have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your Product" includes warranties or representations made at any time with respect to the fitness, quali- ty, durability or performance of any of the items included in a. and b. above. "Your Product" does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your Work" means: - a. Work or operations performed by you or on "your" behalf; and b. Material, parts or equipment furnished in connection with such work or operations. "Your Work" includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. or b. above. 23. "Underlying Insurance" means the coverage(s) afforded under insurance policies designated in Schedule A of "Underlying Insurance" of the Declarations page of this policy. "Underlying Insurance" also includes any other insurance available to the "Insured ", except such insurance as may be purchased to apply specifical- ly in excess of this policy. 24. "Ultimate Net Loss" means the total amount of damages for which the "Insured" is legally liable in pay- ment of "bodily injury ", "property damage ", "personal injury ", or "advertising injury ". "Ultimate Net Loss" may be established by adjudication, arbitration, or a compromise settlement to which "we" have previous- ly agreed in writing. "Ultimate Net Loss" shall be reduced by any recoveries or salvages which have been paid or will be collected, but the amount of "Ultimate Net Loss" shall not include any expenses incurred by an "Insured ", by "us" or by any "underlying insurer ". 25. "Underlying Insurer" - means any company issuing any policy of "underlying insurance ". IN WITNESS WHEREOF, "we" have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by "our" duly authorized representative. In witness whereof, the Providence Washington Insurance Group has caused this policy to be signed by its president and a secretary at Providence, R.I., and countersigned on the declarations page by a duly authorized agent of the company. Secr Od 16// ' President Page 16 of 16 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 I A0/03 -09- 94/6730/jm F 421 (5 -91) 314 It is agreed and understood, the estimated premium on this policy is amended to $4500. in lieu of $4200 to reflect the increase in Automobile Exposure Additional Premium $300. 'm s endorsement forms a part of Policy No CU 48 67 48 issued to tlntorts Constnirt nn Cr, Tnc t y the Western Alliance Ins. Co. and is subject to all the terms and conditions of the policy not inconsistent herewith. I ountersigned and effective 02 - 01 19 4` . at T m 12:01 A.M. Standard Time RICHARDS INSURANCE AGENCY By Richards Ins. Authorized Representative 1 1 1 : is J%- i ty��, " c�Sw`.'§Yi,�c� ` i,k� , r.��4��.w 1 1 Commercial Auto PWG 208 4/93 ,TH COVERAGE IS PROVIDED BY THE COMPANY NAMED IN 11 IE DECLARATIONS A MEMBER OF TI IIi P1V CROUP, INC. 1 1 1 t 1 1 ' Commercial Auto Policy 1 1 1 GROUP [WWI( \Nt I `,INt 1 1790 Western Alliance Insurance Company Article 5.301 of the Texas Insurance Code requires that your it lhllianue fa: ml1:uiy 11 Hk /hill :rtul tiro it il::in :1:: bland potuut111 tion facilities to you the policyholder. Contact your insurance company for further information. and Endorsements, if any, completes the Policy. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 IMPORTANT NOTICE' AVISO IMPORTANTE To obtain information or make a complaint: You may call the company's toll-f ree telephone number for information or to make a complaint at 1 800 - 252 - 9710 You may contact the Texas Department of In- surance to obtain information on companies, coverages, rights or complaints at 1 800 - 252 - 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de la compania para informacion o para someter una queja al 1 800 - 252 - 9710 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acer- ca de companias, coberturas, derechos o quejas al 1 800 - 252 - 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Endorsement Effective 02 -01 -94 Policy Number TAX 38 79 84 /Providence Washington Named Insured Matous Construction Co., Inc. l<. Q /CGlCLrC� . Countersigned by Richards Tns. /Temple, TX. 1 1 1 This endorsement changes the policy in the following particulars: In consideration of 4113. additional premium, it is understood and agreed Veh. 1 -5 are added per attached Schedule. Loss Payee for Veh 1 -5, see TE9978A 1 1 1 1 1 1 1 1 1 1 1 1 This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Forms Added: TE9978A TE0401C TE0409C A0/03 -09- 94/6730/jm Richards Ins. /Temple, Tx. FORM TE 99 04A — GENERAL CHANGE ENDORSEMENT Texas Standard Automobile Endorsement Prescribed March 18, 1992 GENERAL CHANGE ENDORSEMENT TE 99 04A (Authorized Representative) Endorsement Effective 02 - 01 - 94 Policy Number TAX 38 79 84 /Providence Washington Named Insured Matous Construction Co. , Inc. Countersigned byRichards Ins. /Temple, TX. I LOSS PAYABLE CLAUSE This endorsement modifies insurance provided under the following: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Applies to Veh. 1 -5 FORM TE 99 78A — LOSS PAYABLE CLAUSE Texas Standard Automobile Endorsement Prescribed March 18, 1992 BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TE 99 78A (Authorized Representative) Loss Payee: Penp1ps National Rank/PO Roy Sin/Halton TX 76511 ' Loss or damage under PHYSICAL DAMAGE COVERAGE shall be paid as interest may appear to you and the loss payee shown in the declarations or in this endorsement. This insurance covering the interest of the loss payee shall not become invalid because of your fraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement of your covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement I as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee we shall, to the extent of payment, be subrogated to the loss payee's rights of recovery. Endorsement Effective 02 -01 -94 Policy Number •r ,, ' ' r , '•b 9 V TAX 38 79 84 /Providence Washington ,. Named Insured Matous Construction Co., Inc. ., 4„1, , t0 ( ti f; Countersigned by Richards Ins. /Temple; TX.' I PERSONAL INJURY PROTECTION ENDORSEMENT — TEXAS This endorsement modifies insurance provided under the following: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' •:.n l' .+,t.,,r, - • This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below: .B BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM NON - RESIDENT TEXAS AUTO POLICY FORM TE 04 O1C — PERSONAL INJURY PROTECTION ENDORSEMENT — TEXAS Texas Standard Automobile Endorsement Prescribed March 18, 1992 TE0401C 1 ` f, , r , t ,t • +r11 (Authorized Representative) • t 1) ni_ er I ] Limits of Insurance (each Insured) 5nnn SCHEDULE Premium INCL. . • " +r Ve .J + • • { v , • •• .t; 3-.r„ •.r ° - .0 1IYL! .0 '1 , 10-1/ . ^IL'ar ' , t! ^m erlt • n • ni•il•.•r•? J ,•., yn; t 30 a •1l1[), '•,.,, ;,,,, .S Description of Covered Autos (Check appropriate block) , ,' , '" ' -• 4 ' , r t.2,l- ,•arl111 )][ ]' Any auto owned by you. , -, , ,r •' ( ] Any private passenger auto owned by you. • .•! ii. .I.) nh•o ] ] Any motor vehicle to which are attached dealer's license plates issued to you. , , , ,, „ , , 9 [ ] Any motor vehicle designated in the Declarations of the policy by the letters P.I.P. and a motor ve ownership of which is acquired during the policy period by you as a replacement therefor. '1 el•''n•( '1 e'n -1 A. COVERAGE We will pay Personal In)ury Protection benefits because of bodily injury: 1. resulting from a motor vehicle accident; and 2. sustained by a person insured. Our payment wi l only be for losses or expenses incurred within three years from the date of accident: '' ” "" `ut °r { r " t Personal Injury Protection benefits consist of " t •.,,, 'I 1. Necessary expenses for medical and funeral services. 2. Eighty percent of an insured's loss of income from employment. These benefits apply only if, at the time of the accident, the insured a. was an income producer; and ! d b.' , t , was in an occupational status. These benefits do not apply to any foss after the insured dies. is 1 Loss of income is the difference between: t -, 1 + ±ro " ) a. income which would have been earned had the person insured not been injured; and b. the amount of income actually received from employment during the disability. 11.ir 7 '1 tf1340.;: ?I4":4 „ t t , t ` . n 1 r r. rip' 1;1 A + t•44 " ' l'I : .It art P , If ,the income being earned us of the date of accident is a salary or fixed rental at . , • amount of income which would have been earned. Otherwise, the average mor■thly income Larne ,,,;,t more than 12 months) preceding the accident shall be used. 3. Reasonable expenses incurred for obtaining services. These services must replace those an insured would normally have performed: • i t - • a. without pay; b. during a period of disability; and c. for the care and maintenance of the family or household. These benefits apply only if, at the time of the accident, the insured: a. was not an income producer; and b. was not in an occupational status. These benefits do not apply to any Toss after the insured dies. B. EXCLUSIONS., I •.r9r i•rn:r We do not provide Personal Injury Protection Coverage for any person for bodily injury sustained: +;st' 1 + +r1no•tobn.l 1. In an accident caused intentionally by that person. . 2. By that person while in the commission of a felony. 3. By that person while attempting to elude arrest by a law enforcement official. ,,.d1 - i 4. While occupying or when struck by, any motor vehicle (other than a covered auto) which is owned by you. , (� � �•+ 5. By q family member while occupying or when struck by any motor vehicle (other than a covered auto) which is owned by a family member. C. WHO 15 AN INSURED 1. You or any family member while occupying or when struck by any auto. 2. Anyone else occupying a covered auto with your permission. D. LIMIT OF INSURANCE Regardless of the number of owned covered autos, insureds, premiums paid, claims made or vehicles involved in the accident, the most we will pay for bodily injury for each insured in any one accident is the limit of Personal Injury Protection shown in this Schedule or in the Declarations. _ E. CONDITIONS The CONDITIONS of the policy are changed for Personal Injury Protection as follows: 1. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US does not apply. 2. The reference in OTHER INSURANCE to "other collectible insurance" is replaced by the following: 1 • •rl r) If there is other Personal Injury Protection Insurance, we wit pay only our share. Our share is the proportion that our Limit of Insurance bears to the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible Personal Injury Protection Insurance. • F. PAYMENT PROVISION , j ) Loss Payments. Benefits are payable: • r.. vt•• I I 1. not more frequently than every two weeks, and ( 1 2. - within 30 days after satisfactory proof of claim is received. - ' G. ASSIGNMENT OF BENEFITS •'rr.'t A Payments for medical benefits will be paid directly to a physician or other health care provider if we receive a written assignment signed by the covered person to whom such benefits are payable. -• t + • .1 H. ADDITIONAL DEFINITIONS The following are added to the DEFINITIONS Section and have special meaning for Personal Injury Protection.,,,. „ , 1. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. ^•'1 70 2. "Occupying" means in, upon, getting in, on, out or off. 1 r 3. "Covered auto" means an auto: • t• a. owned or leased by you or b. while temporarily used as a substitute for an owned covered auto that has been withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction. l r • Liability coverage of this policy must apply to the covered auto. Covered auto includes autos (described in a. and b. above) for which Personal Injury Protection coverage has not been rejected in writing. + a • ' ^ 3 r : - . .1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Coverage Limits of Insurance Premium Bodily Injury $ each person $ each accident $ Property Damage $ each accident $ Combined Liability $ 100,000 each accident $ INCL. Designated Person. - Description of Covered Autos (Check appropriate box.) [ JJC Any auto owned by you. , [ ] Any private passenger auto owned by you. [ ] Any auto to which are attached dealer's license plates issued to you. [ ] Any auto designated in the declarations of the policy [by the letters "UM /UIM"] and an auto ownership of which is acquired during the policy period by you as a replacement therefor. [ ] Endorsement Effective 02-01 -94 Policy Number TAX 38 79 84 /Providence Washington Named Insured Matnns Cnnstntr•tion Co . 'inc. Countersigned by Richards Ins. /Temple. TX. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNINSURED /UNDERINSURED MOTORISTS INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM NON - RESIDENT TEXAS AUTO POLICY This endorsement changes the policy effective on the inception dote of the policy unless another dote is indicated below: SCHEDULE A. COVERAGE We will pay damages which an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by an insured, or property damage caused by an accident. The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle. Any judgement for damages arising out of a suit brought without our written consent is not binding on us. If we and you do not agree as to whether or not a vehicle is actually uninsured, the burden of proof as to that issue shall be on us. B. EXCLUSIONS 1. We do not provide Uninsured /Underinsured Motorists Insurance for any person: o. For bodily injury sustained while occupying, or when struck by any motor vehicle or a trailer of any type owned by you, a designated person or a family member of either which is not insured for this coverage under this policy. b. If that person or the legal representative settles the claim without our consent. c. For the first $250 of the amount of damage to the property of that person as the result of any one accident. d. Using a vehicle without a reasonable belief that the person is entitled to do so. This exclusion does not apply to you, any designated person or a family member of either while using a covered auto. e. For bodily injury or property damage resulting from the intentional acts of that person. FORM TE 04 09C — UNINSURED /UNDERINSURED MOTORISTS INSURANCE Texas Standard Automobile Endorsement Prescribed March 18, 1992 TE 04 09C (Authorized Representative) 2. This coverage shall not apply directly or indirectly to benefit: • a. any insurer or self - insurer under any workers' compensation, disability benefits or similar law; b. any insurer of property. C. WHO IS AN INSURED 1. You and any designated person and any family member of either. 2. Any other person occupying a covered auto 3. Any person or organization for damages that person or organization is entitled to recover because of bodily injury sustained by a person described in 1. or 2. above. D. LIMIT OF INSURANCE • When separate Limits of Insurance for bodily injury and property damage liability are shown in the Declarations or in the Schedule for this coverage the Limit of Insurance for each person for bodily injury liability is our maximum Limit of Insurance for all damages for bodily injury sustained by any one person in any one auto occident Subject to this limit for each person, the Limit of Insurance indicated for each "accident" for bodily injury liability is our maximum Limit of Insurance for all damages for bodily injury resulting from any one accident. The Limit of Insurance indicated for each "accident" for property damage liability is our maximum Limit of Insurance for all damages to all property resulting from any one auto accident If the applicable Limit of Insurance shown either in the Schedule or in the Declarations for this coverage is for combined liability, it is our maximum Limit of Insurance for all damages resulting from any one accident. This is the most we will pay regardless of the number of: 1. insureds; 2. claims made; 3. policies or bonds applicable; 4. covered autos; 5. vehicles involved. Subject to this maximum, our limit of liability will be the lesser of 1. The difference between the amount of a covered insured's damages for bodily injury or property damage and the amount paid or payable to that covered insured for such damages, by or on behalf of persons or organizations who may be legally responsible; and 2. The applicable limit of liability for this coverage. In order to avoid insurance benefits payments in excess of actual damages sustained, subject only to the limits set out in the Schedule or in the Declarations and other applicable provisions of this coverage, we will pay all covered damages not paid or payable under any workers' compensation law, disability benefits law, any similar law, auto medical expense coverage or Personal Injury Protection Coverage. Any payment under this coverage to or for on insured will reduce any amount that insured is entitled to recover for the some damages under the LIABILITY COVERAGE of this policy. SPECIAL PROVISION FOR PROPERTY DAMAGE Any property damage loss to which the PHYSICAL DAMAGE COVERAGE of this policy (or similar coverage from another policy) and this coverage both apply, you may choose the coverage from which damages will be paid You may recover under both coverages, but only if: 1. neither one by itself is sufficient to cover the loss; 2. you pay the higher deductible amount (but you do not have to pay both deductibles); and 3. you will not recover more than the actual damages E. CONDITIONS The CONDITIONS of the policy are changed for UNINSURED/ UNDERINSURED MOTORISTS INSURANCE as follows: 1. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS is changed by adding the following: a. promptly notify the police if a hit - and -run driver is involved, and b. promptly send us copies of the legal papers if a suit is brought, c. take reasonable steps after loss to protect the covered auto and its equipment from further loss. We will pay reasonable expenses incurred to do this, d. permit us to inspect and appraise the damaged property before its repair or disposal. 2. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is changed by adding the following: If we make any payment and the insured recovers from another party, the insured shall hold the proceeds in trust for us and reimburse us to the extent of our payment. however, we may not claim the amount recovered from an insurer of any underinsured motor vehicle. 3. The reference in OTI IER INSURANCE to "other collectible insurance" is replaced by the following: If. there is other applicable similar insurance we will pay only our share of the loss Our shore is the proportion that our Limit of Insurance bears to the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible insurance. F. ADDITIONAL DEFINITIONS The following are added to the DEFINITIONS Section and have special meaning for UNINSURED /UNDERINSURED MOTORIST INSURANCE; 1. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Designated person" means an individual named in the schedule. By such designation, that person has the some coverage as you. 3. "Occupying" means in, upon, getting in, on, out or off. 4. "Covered auto" means an auto: a. owned or leased by you or b. while temporarily used as a substitute for an owned covered auto that hos been withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction. Liability coverage of this policy must apply to the covered auto. Covered auto includes autos (described in a. and b above) for which Uninsured /Underinsured Motorists Insurance has not been rejected in writing. 5. "Property damage" means injury to or loss of or destruction of; a. a covered auto, or b. property owned by you, a designated person, or any family member of either while contained in a covered auto; or c. property owned by any other person occupying the covered auto while contained in the covered auto; and d. any property owned by you, a designated person or family member of either while contained in any auto not owned, but being operated by you, a designated person or any family member of either. 6. "Uninsured motor vehicle" means a land motor vehicle or trailer of any type: a. To which no liability bond or policy applies at the time of the accident. b. Which is a hit - and -run vehicle whose operator or owner cannot be identified. The vehicle must hit an insured, a covered auto or a vehicle an insured is occupying c. To which a liability bond or policy applies at the time of the accident, but the bonding or insuring company denies coverage or is or becomes insolvent. d. Which is an underinsured motor vehicle. An underinsured motor vehicle is one to which a liability bond or policy applies at the time of the accident but its limit of liability either. (1) is not enough to pay the full amount the covered insured is legally entitled to recover as damages; or (2) has been reduced by payment of claims to an amount which is not enough to pay the full amount the covered insured is legally entitled to recover as damages. However "uninsured motor vehicle" does not include any vehicle or equipment, a. Owned by or furnished or available for the regular use of you, a designated person or o family member of either. b. Owned or operated by a self - insurer under any applicable motor vehicle law. c. Owned by any governmental body unless the operator of the vehicle is uninsured and there is no statute imposing liability for damage because of bodily injury or property damage on the governmental body for an amount not less than the Limit of Insurance for this coverage. d. Operated on rails or crawler treads. c. Designed mainly for use off public roads while not on public roods. f. While located for use as a residence or premises. Vehicle Schedule: # Year Description VIN# Cost Class - * 1. 1980 Kenworth Truck 1839873 $19,500 214810 ** 2. 1979 ]lyster 50 Ton Trailer 22278 19,125 684810 * 3 1992 Ford F250 Pickup lFTl1X25M5NKA57716 20,600 014810 * 4. 1990 Ford F250 Pickup IFT11X25M4LKA50376 20,300 014810 * 5. 1992 Ford F250 Pickup 1FT11X25M2NKB42755 19,000 014810 ' TXC 1002.412 Coverages: * Liability, PIP, Underinsured /Uninsured Motorists, $250 Collision Deductible, Specified Causes. ** Liability, Underinsured /Unisured Motorists, $250 Collision Deductible, Specified Causes. This endorsement forms a part of Policy NoTAX387984 by the .....Psovidence..Wasliingrgna and is subject to all the term. and con- ditions of the policy not inconsistent herewith. Countersigned and effective Z -1 1I) 94 Tempjg,, TX 12:01 A. M. Standard Time iaeued to . Matous ...Constzuctioe.- Co.• By Richards...Ln.surance.•Agon�� Autborlud c u p,w COVERAGES COVERED AUTOS n: ovum MHOS SW.. e the nee, kola `Cam. Fa'"' 0. ' v "" leo r. LIMIT 1110 MOST WE WILL PAY 000 ANY ONE ACCIDENT OR LOSS PREMIUM LIABILITY ' Bodily In)uy E each person /S each accident $ S Property Damage E each accident Combined Llabillly $,9 $ 1 each accident $ 97 $ PERSONALINIURY PROTECTION ,000, $ AUTO MEDICAL PAYMENTS $ S UNINSURED/ Bodily Injury $ each person /$ each accident $ E UNDERINSURED Property Damage $ each accident MOTORISTS Combined Liability $ each accident $ COMPREHENSIVE COVERAGE STATED AMOUNT $ ,ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS, MINUS ,$ ACTUAL FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING • $ PHYSICAL DAMAGE SPECIFIED CAUSES OF LOSS COVERAGE STATED AMOUNT 0 , ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS, MINUS 025 Ded FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM • $ COLLISION COVERAGE STATED 00002)T $ ,ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS, MINUS $ Dcd FOR EACH COVERED AUTO • $ TOWING AND LABOR E for each disablement of a private passenger auto $ $ NDORSEMENTS ATTACHED TO THIS POLICY- IL 00 21 —Broad Form Nuclear Exclusion, TEX)001, Tlg)040, TD0039b PREMIUM MIT ENDORSEMENTS ESTIMATED TOTAL PREMIUM $ 92 • ^ Premium shown s payable' $ 92, at Inception. EM TIIREE SCIEDULE OF COVERED AUTOS YOU OWN 'See ITEM FOUR Inc hued or borrowed autos. overed Auto No. DESCRIPTION PURCHASED TERRITORY Year, Model, Trade Name, Body Tspe Serial Number(s) Vehicle Identification Number (VIN) Ds.gl C inaost Ne w Actual Cost d New (N) Used (U) Town a State where the Covered Rub will be principally garaged 2 3 4 5 overed Auto 00 CLASSI FICATION Excep for towing all physrca damage loss is payable to you and the loss payee name below as Interest ma appear at the time of the loss Radius al Operation Business Use s ®service r =retail = commercial Sae GYW GCW or Vehicle S Ca and Age G10 Prima y Rating Factor Secondary Rati Factor Code Liab Phy Tram I c 1 2 3 15 TAX 38 79 84 TN( Renewal of No ' ITEM ONE NAMED INSURED AND MAILING ADDRESS: Natous Construction Co., Inc. I PO Box 5258 Temple, TX. 76505 1 BUSINESS AUTO COVERAGE FORM DECLARATIONS 11u ' c 1)1)LJ1' dl� W\IIRAN(r. SIN( e rlsv MProvidence Washington Insurance Cornpany Providence, RI ❑ Western Alliance Insurance Company Austin, TX Each a Stock Company ❑ Providence Lloyds Austin, TX - A Lloyds Plan Insurer COVERAGE IS PROVIDED BY THE COMPANY INDICATED Administrative Offices —12015 Park 35 Circle • Austin, Texas � OLICY PERIOD: FROM Ol -12 -94 rq TO 01 -12 -95 at 12 01 A M Standard Time at your marling address shown above. ORM OF BUSINESS: ❑ INDIVIDUAL ❑ PARTNERSHIP )s(aLORPORATION ❑ OTHER N RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TEAMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS his policy provides only (hose coverages where a charg is shown In the premium column below Each of These coverages will apply only to those autos shown as covered autos. Autos are shown as. overed autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. 1 00003100 E 0 A0/03-09-94/6730/jm (la,ile) owr_ mv, rr on, / E A . cti ado- BY Richards Ins. /Temple, TX. (Authorized Representative) ' COVERAGES— PREMIUMS, OMITS AND DEDUCTIBLES ( M TWO of column a deductib i nst or lim ead) •If it enlry'n ac u al ca column sh value below enter " meaAns CV " that the limit of deductible entry in the corresponding Covered Hato I No. LIABILITY PERSONAL INJURY PROTECTION AUTO MEDICAL PAYMENTS M UNINSURED OTORISTS /UNDEOI500000 Limit Premium Limit Premium Limit Premium Limit Premium I P.I.P. inn f f 2 $ S I3 f $ 1 f S 5 f f used as a premium basis: FOR PUBLIC AUTOS TOTAL PREMIUMS Total Premium XXXX XXXX 5 XXXXXXXX Leered COMPREHENSIVE SPECIFIED CAUSES OF LOSS COLLISION TOWING b LABOR Ada No. limit Actual Cash Value or Stated Amount 0ed Premium •Limit Actual Cash Value on Staled Amount Premium 'Limit Actual Cash Value or Stated Amount Lied. Premium Limit Per Da. ablement Premium I 2 •3 15 5 Total Premium XXXX XXXX 05555001 XX% EM FOUR— SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS. LIABILITY COVERAGE — RATING BASIS, COST OF HIRE STATE ESTIMATED COST OF HIRE FOR EACH STATE RATE PER EACH 5100 COST OF HIRE PREMIUM T -51 538 . S s ost of hire means the total amount you incur for the hire of autos you don't own (rot including autos you borrow or ent from your partners TOTAL PREMIUM or em ens or the ir faradq mERAGE embers). Cost of hi does n i barges for services performed by mot carriers of or $ 38. property passengers. PHYSICAL DAMA COV COVERAGES HMTE OF INSURANCE —THE MOST WE WILL PAT, DEDUCTIBLE RATE PREMIUM COMPREHENSIVE ACTUAL $ ,WHICHEVER IS LESS, MINUS f Ded. FOR EACH COVERED AUTO, CASH BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. $ SPECIFIED CAUSES OF LOSS 0000 01 $ ,WHICHEVER IS LESS, MINUS 525 Oed FOR EACH COVERED AUTO FOR LOSS REPAIRS CAUSED BY MISCHIEF OR VANDALISM. $ COLLISION OR f . WHICHEVER IS LESS, MINUS $ Ded. FOR EACH COVERED AUTO. S PHYSICAL DAMAGE COVERAGE for covered autos you hire or borrow is excess unless indicated below by "0". TOTAL PREMIUM $ Estimated Yearly 13 Gross Receipts ❑ Mileage RATES __ _ _ . _ _______ PREMIUMS ❑ Per 5100 of Gross Receipts ❑ Per mile LIABILITY COVERAGE AUTO MEDICAL PAYMENTS PIP LIABILITY COVERAGE AUTO MEDICAL PAYMENTS P.I.P. inn f f $ S $ f $ f S S f f used as a premium basis: FOR PUBLIC AUTOS TOTAL PREMIUMS S 0 5 MINIMUM FREMIUMS S f $ ITEM THREE (Cont'd 13 II this box is checked, PHYSICAL RAMACE COVERAGE applies on a direct primary basis and for purposes of the condition entitled OTHER INSURANCE, any covered auto you hire or borrow is deemed to be a covered auto you own ITEM FIVE — SCHEDULE FOR NON - OWNERSHIP LIABILITY �0ther than a Social Service Agency NAMED INSUREDS BUSINESS RATING BASIS Number al Employees Number of Partners Number of Employees Number of Volunteers NUMBER 0 - 25 PREMIUM $ 54. $ $ f 94 ,Social Service Agency IT SIX— SCHEDULE FOR GR05S RECEIPTS OR MILEAGE BASIS — LIABILITY COVERRGE— 1 1 Grass R eceip t s means t h e t amount t w h ¢ h y ou are en blled for transporting passengers, m 1 1 or merchandise during f e policy period regardless of whether you or any other carrier originate the transportation. Cross Receipts does not include A. Amounts you pay to railroads, steamship lines, airlines and other motor carriers operati g under their own ICC or PUC permits. B. Advertising Revenue. C. Taxes which you collect as a separate item and remit directly to a governmental division. D. C.0 0. collections for cost of mail or merchandise including colkction lees. Mileage means the total live and dead mileage of all revenue producing units operated during 1 e policy period. FOR RENTAL OR LEASING CONCERNS Gross Receipts means the total amount to which you are entitled tor the leasing or rental of autos during the policy period and includes taxes except those taxes which you collect as a separate item and remit directly to a governmental division Mileage means the total of all live and dead mileage developed by all the autos you leased or rented to others during the policy period. Hart Forms & Services, Inc.— FIOOrder 14•1000 (3 -92) BUSINESS AUTO DECLARATI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: TE 00 40 Endorsement Effective Named Insured Policy Number Countersigned by (Authorized Representative CHANGES IN COMMON POLICY CONDITIONS — A. CANCELLATION OR NONRENEWAL Paragraph 2a, (2) and (3) are changed to read: (2) If this is not a renewal or continuation policy, and if it has been in effect for 60 or fewer days, we may cancel for any reason. (3) If this is a renewal or continuation policy, or if it has been in effect for more than 60 days in the initial policy period, we may cancel only for one or more of the following reasons: (a) Fraud in obtaining coverage; (b) Failure to pay premiums when due; (c) An increase in hazard within the control of the Insured which would produce an increase In rate; (d) Loss of our reinsurance covering all or part of the risk covered by the policy; or (e) If we have been placed in supervision, conservatorship or receivership and the cancellation or non - renewal Is approved or directed by the supervisor, conservator or receiver. FORM TE 00 40 — AMENDATORY ENDORSEMENT — TEXAS Texas Standard Automobile Endorsement Prescribed January 1, 1994 Endorsement Effective Policy Number • r , :, • IT Named Insured Countersigned by 1 1 1 1� 1 1 1 1 1 1 1 1 1 . 1 1 1 1 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.' AMENDATORY ENDORSEMENT —TEXAS r'; ^'nr � e- r , r ,-ti This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TE 00 39B • :.,.t, r,, -..1 . .r , rnrre'r1 This endorsement changes the policy effective on the Inception date of the policy unless another date Is indicated below: (Authorized Representative) 1. CHANGES IN CONDTIONS BUSINESS AUTO COVERAGE FORM — SECTION IV— BUSINESS AUTO CONDITIONS Paragraph A.2. TRUCKERS COVERAGE FORM —SECTION V— TRUCKERS CONDITIONS Paragraph A.2. GARAGE COVERAGE FORM—SECTION V— GARAGE CONDITIONS Paragraph A.2. Is amended to add the following: Business Auto — e. Within 15 days after we receive your written notice of claim, we must: Truckers — d. (1) acknowledge receipt of the claim. Garage — d. If our acknowledgment of the claim is not in writing, we will keep a record of the date, method and content of our acknowledgment. (2) begin any investigation of the claim. (3) specify the Information you must provide in accordance with paragraph b. above. We may request more information, If during the investigation of the claim such additional Information is necessary. Business Auto — t. After we receive the Information we request, we must notify you in writing whether the claim will be paid or has Truckers — e. been dented or whether more information Is needed: Garage —e. (1) within 15 business days; or (2) within 30 days If we have reason to believe the loss resulted from arson. Business Auto — g. If we do not approve payment of your claim or require more time for processing your claim, we must: Truckers — f. (1) give the reasons for denying your claim, or Garage —f. (2) give the reasons we require more time to process your claim. But, we must either approve or deny your claim within 45 days after our requesting more time. Business Auto — h. In the event of a weather- related catastrophe or major natural disaster, as defined by the Texas Department of Truckers — g. Insurance, the claim- handling deadlines as stated above are extended for an additional 15 days. Garage — g. Business Auto — I. Loss Payment Truckers — h. 1 a Garage — h. ( ) I f we not' you that we will p y your claim, or part of your claim, we must pay within 5 business days after we notify you. - (2) If payment of your claim or part of your claim requires the performance of an act by you, we must pay within 5 business days after the date you perform the act. FORM TE 00 398 — AMENDATORY ENDORSEMENT -TEXAS Texas Standard Automobile Endorsement Revised December 1, 1992 Business Auto — J. Truckers — I. Garage — I. Notice of Settlement of Uability Claim (1) Wo will notify you In writing of any initial offer to compromise or settle a claim against you under the liability section of this policy. We will give you notice within 10 days after the date the offer Is made. (2) We will notify you In writing of any settlement of a claim against you under the liability section of this policy: • We will give you notice within 30 days after the date of the settlement. 2. CHANGES IN DEFINITIONS BUSINESS AUTO COVERAGE FORM—SECTION V— DEFINITIONS TRUCKERS COVERAGE FORM — SECTION VI— DEFINmONS GARAGE COVERAGE FORM —SECTION VI— DEFINITIONS Is amended to add the following: • i.i� Business Auto—K. Business day means a day other than a Saturday, Sunday or holiday recognized by the state of Texas. Truckers—M. + - ,r� , ... , Lt Garage —M. Ic ' •-1 f • .1 01 +1 •:a "ni ^1:8 n -- etgahu1T • + 1��rn, ^•rf3 r 7 +autT rr` inr) 1 • •' +I - u cCelt =r a• ' or -n BUSINESS AUTO COVERAGE FORM '� "'' ' TE 0001' Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and Is not covered. • Throughout this policy the words you and "your" refer to the Named Insured shown In the Declarations. The words,"we',; jus: and "our" refer to the Company providing this insurance. Words and phrases that appear in bold face have special meaning Refer to SECTION V— DEFINITIONS,'. `'''' u r rn I ( &) SECTION = COVERED AUTOS ITEM TWO of the Declarations shows the autos that are covered autos for each of your coverages. The following numerical symbols B. describe the autos that may be covered autos. The symbols entered next to a coverage on the Declarations designate the only autos that are covered autos. A. DESCRIPTION OF COVERED AUTO DESIGNATION SYM- BOLS • ;sal SYMBOL, .;.. , DESCRIPTION 1 = ANY AUTO 2 - OWNED AUTOS ONLY. Only those autos you own (and for Liability Coverage any trailers you don't own while attached to power units you own). This Includes those autos you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER AUTOS ONLY. Only the private passenger autos you own. This includes the ''.private passenger autos you acquire ownership of after • the policy begins. • 4= OWNED AUTOS OTHER THAN PRIVATE PAS- , SENGER AUTOS ONLY. Only those autos you own that are not of the private passenger type (and for Liability Coverage any trailers you don't own while attached to power units you own). This includes those autos not of the private passenger type you acquire ownership of after the policy begins. 5 =° OWNED AUTOS SUBJECT TO NO- FAULT. Only those autos you own that are required to have No -Fault benefits ." in the state where they are licensed or principally garaged. This includes those autos you acquire owner- ship of after the policy begins provided they are required to have No-Fault benefits in the state where they are 'licensed or principally garaged. ' 6 = OWNED AUTOSSUBJECTTO A COMPULSORY UNIN- SURED MOTORISTS LAW. Only those autos you own that because of the law In the state where they are licensed a principally garaged are required to have and • cannot reject Uninsured Motorists Coverage. This in- cludes those autos you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 = SPECIFICALLY DESCRIBED AUTOS. Only those •+ autos described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any trailers you don't own while attached to any power unit described in ITEM THREE). 8 = HIRED AUTOS ONLY. Only those autos you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your employees or partners or members of their households. 12 92 9 =' NONOWNED AUTOS ONLY. Only those autos you do not own, lease, hire, rent or borrow that are used in con - '% • nection with your business. This includes autos owned by your employees or partners or members of their Pago 1 households but only while used jn your business or your personal affairs. .,,, ,., • ,. ,.,• ± ;2 ; ' • • OWNED AUTOS YOU ACQUIRE AFTER .THE POLICY -: BEGINS 1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage In ITEM TWO of the Declarations, then you have coverage for autos that you acquire of the type described for the remainder of the policy period, ; ;; .L 1 f j ' • • ; ,, • But, if symbol 7 Is entered next to a coverage in ITEM TWO of the Declarations, an auto you acquits will be a covered auto for that coverage only i(: , , ; ; ; • • a. ' We already cover all autos that you own for that coverage or It replaces an auto you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you;: want us to cover ft for coverage. ,• .•, C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEM- PORARY SUBSTITUTE AUTOS ., ' •f,: ,' If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered autos for Liability Coverage without spec description; 1. Trallera with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. ' 2. 2. Trailers designed for use with and being pulled by a private passenger auto, pickup orvan if the trailer is not customari- ly used for business purposes with another type auto, .' 3. Mobile equipment while being carried or. towed by ai covered auto. n c!1,r ": r,;!;I;•r .'; 4. Any auto you do not own while used with the permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its:, a. • Breakdown; ' ' .: 'r , : ' • t b. Repair; r c. Servicing; • d. Loss; or , 'TL: e. Destruction. SECTION II — LIABILITY COVERAGE • A. COVERAGE . . . +1 t': r't :(tl • F :s We will pay all sums an Insured legally must pay as damages because of bodily injury or property damage to which this Insurance applies, caused by an accident and resulting from the ownership; maintenance or use of a covered auto, . We have the right and duty to defend any suit asking for these damages. However, we have no duty to defend suits for bodily Injury or property damage not covered by this Coverage Form. We may investigate and settle any claim or suit as we consider appropriate. Our duty to defend or settle ends when the liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. • HM Ferny & services Reader tra 14-1003 1 IS AN INSURED The following are Insureds: e;, . s. You for any covered auto. r b.. t Anyone else while using with your permission a covered auto you own, hire or borrow except: (1) The owner of a covered auto you hire or borrow from one of your employees or a member of his or her household. ,. • (2) Someone using a covered auto while he or she is working In a business of selling, servicing, Y ^r ' :t repairing or parking autos unless that business is yours. a,"•`9. - (3) Anyone other than your employees, partners, a a •••, lessee or borrower or any of their employees, 'ant s r a ;:`while moving property to or from a covered auto. (4) A partner of yours for a covered auto owned by 0 r to 1 1 - him or her or a member of his or her household. h5 ^c °' Anyone liable for the conduct of an Insured described above but only to the extent of that liability. However, 1c 'it the owner or anyone else from whomyou h Ire or borrow a covered auto Is an Insured only If that auto is a trailer connected to a covered auto you own. 2` ;•COVERAGE EXTENSIONS • 'a. Supplementary Payments. In addition to the Limit of -f' 1 I Insurance, we will pay for the Insured: (1) All expenses we incur. Y` . (2) Up to $250 for cost of bail bonds (Including bonds for related traffic law violations) required because of an accidentwe cover. We do not haveto furnish these bonds. • (3) The cost of bonds to release attachments In any rs,• . , :suit we defend, but only for bond amounts within .• out Limit of Insurance. , (4) All reasonable expenses Incurred by the Insured at our request, Including actual loss of earnings up to $100 a day because of time off from work. r „•,:r'. (5) - All costs taxed against the Insured In any auk we c':. • ° defend. (8) All interest on the full amount of any Judgment that accrues after entry of the judgment in any suit we defend; but our duty to pay Interest ends when we have paid, offered to pay or deposited in court the part of the Judgment that is within our Limit of In- surance. b. Out of State Coverage Extensions. While a covered auto is away from the state where it • is licensed we will: (1) Increase the Limit of insurance for Liability Coverage to meet the limit or limits specified by a '' r compulsory or financial responsibility law in the •' '• r Jurisdiction where the covered auto is being used. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out of state vehicles by the jurisdiction where the ,ar•c .. covered auto is being used. w. :. We will not pay anyone more than once for the same elements of loss because of these extensions. • B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY Bodily injury or property damage expected or intended from the standpoint of the Insured. ” " t "' 2. CONTRACTUAL 1 r Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: • a. Assumed in a contract or agreement that Is an Insured .4., - I contract; or _ , •, b. That the Insured would have in the absence of contract or agreement. ' ' '• r::, ^ ° 1 L41' r•.;tla; 3. WORKERS COMPENSATION , ., 1 -.-q J Any obligation for which the Insured or the Insured's in - surer may be held liable under any workers compensation, , disability benefits or unemployment compensation law or any similar law. ,,, •- p 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S; LIABILITY • , . , i n; Bodily Injury to: = -'" ' ' "• n .. a. An employee of the insured arising out of and In the, course of employment by the Insured; or ' b. The spouse, child, parent, brother or sister d that employee as a consequence of paragraph a. above. This exclusion applies: ' ' • n - (1) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. ..r ,•;, But this exclusion does not apply to bodily Injury to domestic employees not entitled to workers compensation benefits or to liability assumed by the Insured under an Insured contract.• -,p 5. FELLOW EMPLOYEE " , 't 1' Bodily Injury to any fellow employee of the insured arising out of and In the course of the fellow employee's employ - ment. 8. CARE, CUSTODY OR CONTROL c J Property damage to property owned or transported by the Insured or in the Insured's care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. • . - 7. HANDLING OF PROPERTY , Bodily Injury or property damage resulting from the han- dling of property: „ a. Before ft is moved from the place where It is accepted by the Insured for movement into or onto the covered auto; or b. After it is moved from the covered auto to the place where It Is finally delivered by the Insured. ; 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE Bodily Injury or property damage resulting from the movement of property by a mechanical device (other than Page 2 •r!t.' t. 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 • a hand truck) unless the device Is attached to the covered auto. • • 9. - OPERATIONS *: Bodily Injury or property damage arising out of the opera- r •":".: r: Lion of any equipment listed in paragraphs 6.b. and 6.c. of the definition of mobile equipment -, „ Bodily Injury or property damage arising out ofyourwork after that work has been completed or abandoned. In this exclusion, your work means: 'a„ Work or operations performed byyou or on your behalf; un,.-:z . • + and b: Materials, parts or equipment furnished In connection with such work or operations. • •,.•rlj;;,Your work Includes warranties or representations made at any time with respect to the fitness, quality, durability or • . performance of any of the items included in paragraphs a. i' or b. above. `; ! •,�, Your work will be deemed completed at the earliest of the p4 following times: y i • r 1 f"` '(i) •- When all of thework called for in your contract has • been completed. • tIi ..v (2) When all of the work to be done at the site has ip been completed If your contract calls for work at " more than one site. • L22 , • •.i (3) When that part of the work done at a job site has been put to its intended use by any person or or- .. • ganization other than another contractor or sub - contractor working on the same project. C • Work that may need service, maintenance, correction, c`- repair a replacement, but which Is otherwise com- ' • plate, will be treated as completed. 11:• • ' ' • 1. Bodily Injury or property damage arising out of the 51 •• actual, alleged a threatened discharge, dispersal, rc:Gn• Lail f release or escape of pollutants: • ..rt,r3rz;.•1 f (1) That are, or that are contained in any property that is: (a) Being transported or towed by, or handled for • movement Into, onto or from, the covered auto; (b) Otherwise In the course of transit; or la „ o , i■L`;” t' (c) Being stored, disposed of, treated or processed In or upon the covered auto; a,reL sr,:, (2) Before the pollutants or any property in which the • pollutants are contained are moved from the place ;,,�,g ; ; where they are accepted by the Insured for move- ment Into or onto the covered auto; or r+f'1 lan (3) After the pollutants or any property In which the Edfl.'rrA,., -, pollutants are contained are moved from the r, c • Z. r. covered auto to the place where they are finally delivered, disposed of or abandoned by the in- sured. . -!•f..Paragraph'a.(1)(c) does not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants that are needed for or ;; -result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts, if: • iU: COMPLETED OPERATIONS , Page 3 (1) The pollutants escape or are disch•.rged, dis- persed or released directly from an auto part designed by its manufacturer to hold, store, receive or dispose of such pollutants; and (2) The bodily Injury or property damage does not arise out of the operation of any equipment listed In paragraphs 6.b. and 6.c. of the definition of mobile equipment. ' Paragraphs a. (2) and a.(3) of this exclusion do not apply if: (1) The pollutants or any property in which the poi- " lutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto; and (2) The discharge, dispersal, release or escape of the pollutants is caused directly by such upset, over- turn or damage. . . b. Any loss, cost or expense arising out of any govern- mental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. 12. WAR Bodily Injury or property damage due to war, whether or not declared, or any act or condition Inci- dent to war. War Includes civil war, insurrection, rebel- lion or revolution. This exclusion applies only to liability assumed under a contract or agreement. LIMIT OF INSURANCE If separate limits of Insurance for bodily injury and property damage liability are shown In the Schedule or in the Declarations for this coverage regardless of the number of covered autos, Insureds, premiums paid, claims made or vehicles involved in the accident, the limit of insurance Is as follows: , 1. The most we will pay for all damages, resulting from bodily Injury to any one person caused by any one ac- cident is the limit of Bodily Injury Liability shown In the Schedule or In the Declarations for each person. ' 2. Subject to the limit for each person, the most we will pay for all damages resulting from bodily Injury caused by any one accident Is the limit of Bodily Injury Liability shown In the Schedule or In the Declarations for each accident. 3. The most we will pay for all damages resuttirig from proper- ty damage caused by any one accident Is the limit of Property Damage Liability shown In the Schedule or In the Declarations. If the limit of insurance shown In the Schedule or in the Decla- rationsforthis coverage is for combined bodily Injury and proper- ty damage liability regardless of the number of covered autos, Insureds, premiums paid, claims made or vehicles Involved In the accident, the most we will pay for all damages resulting from any one accident Is the Limit of Insurance for Liability Coverage shown In the Schedule or in the Declarations. All bodily Injury and property damage resulting from con- tinuous or repeated exposure to substantially the same condi- tions will be considered as resulting from one accident. SECTION 111 — PHYSICAL DAMAGE k'; "'COVERAGE 1. I••We will pay for loss to a covered auto or its equipment under: :•a:: i r': a. Comprehensive Coverage. From any cause except: (1) The covered auto's collision with another object; ?KS t. or (2) Rid covered auto's overturn. ' r'' b" t:9r . ,Specified Causes of Loss Coverage. Caused by: Fl n; :' r (1) ' lightning orexplosion; ` (2) Theft; (3) . Windstorm, hail or earthquake; (4) Flood; , (5) Mischief or vandalism; or • (8), The sinking, burning, collision or derailment of any conveyance transporting the covered auto. 'nSSlri c Collision Coverage. Caused by: eh s + . (1) The covered auto's collision with another object; (2) The covered auto's overturn.' 2. Towing. We will pay up to the limit shown in the Declarations for , ` towing and labor costs Incurred each time a covered auto , ',of the private passenger type Is disabled. However, the labor, must be performed at the place of disablement. 3. Glass Breakage — Hitting a Bird or Animal—Falling Objects or Missiles, ' 1 ` We will pay for glass breakage, loss caused by hitting a - bird or animal or by failing objects or missiles under Com- ,' , prehensive Coverage if you carry Comprehensive Cover- , age for the damaged covered auto. However, you have the option of having glass breakage, caused by a covered 'hc ^ auto's collision or overturn or If loss is caused by contact :+' •,r, with a bird or animal, considered a loss caused by collision. ' f 4: ' Coverage Extension. We will also pay up to $20 per day to a maximum of $600 for transportation expense Incurred by •1 Ft: you because of thetotal theft of a covered auto of the private v' passenger type. We will pay only for those covered autos • :.: for which you carry either Comprehensive or Specified Causes of Loss or.Theft Coverage. We will pay for transpor- tation expenses Incurred during the period beginning 48 ; , l hours after the theft and ending, regardless of the policy's • expiration, when the covered auto is returned to use or we pay for its loss. • ., ,EXCLUSIONS . 1.i; We will not pay for loss caused by or resulting from any of sn••thefollowing. Such loss is excluded regardless of any other t;^ ' cause or event that contributes concurrently or In any se- queries to the loss: , - ' a. ' Nuclear Hazard. (1) The explosion of any weapon employing atomic ,. fission or fusion; or (2). Nuclear reaction or radiation, or radioactive con- tamination, however caused. b. War or Military Action. Page 4 • (2) ( (1) War, Including undeclared or civil war; ' (2) Warlike action by a military force, Including action In hindering or defending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or , • , .. , •, (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority In _ hindering or defending against any'of these. J•rg 2. Other Exclusions. ' a. We will not pay for loss to any of the following: (1) Stereos, radios, tape decks or other sound . reproducing equipment unless permanently In- stalled Ina covered auto. • , Tapes, records or other sound reproducing devices designed for use with sound reproducing equipment ' • •• ..• ••• , • Sound receiving equipment designed for use as a citizens' band radio, two -way mobile radio or telephone orscanning monitor receiver, Including its antennas and other accessories;•unless per - manentty installed In the dash or console opening normally used by the auto manufagtyrer for, the installment of a radio. , • . • 'i . (4) Loss to any custom furnishings or equipment in or upon any pickup, an or motorhome. Custom furnishings or equipment Include but are , not limited to: , • ' (I) special carpeting and insulation, furniture, bars or television receivers; • (II) facilities for cooking and sleeping; • (IIi) height- extending roofs; or , (Iv) custom murals, paintings or other ` decals or graphics. • This exclusion does not apply if the ,value of the custom furnishings or equipment has been reported to us prior to a loss and included In the premium for thls coverage.'''. (5) When In or upon any motorhome or tralle r,_ loss to: , (I) TV antennas; l `_ • (II) awnings or cabanas; or , (III) equipment designed to create additional , living facilities. , - (6) Loss to any device or instrument used for detec- tion of radar or otherspeed measuring equipment. (7) Loss due to or as a consequence of a seizure of • ' a covered auto by federal or state law 'enforce- ment officers as evidence In a case against you • • ' under the Texas Controlled Substances Act orthe federal Controlled Substances Act If yotl are con- .. , • victed In such case.. •,,, y ,,, -.,•,• b. We will not pay for loss caused by or resulting from any of the following unless caused by other Toss that is covered by this Insurance: , ` :,', , (1) Wear and tear, freezing, mechanical or electrical breakdown. •' >.' •<<u' (2) Blowouts, punctures or other road damage to tires. C: LIMIT OF INSURANCE The tnostwewill pay for loss In any one accident Is the smallest of the following amounts: - 1. The amount stated in the declarations of the policy. 2. The actual cash value of the damaged or stolen property • the time of the loss. " • nu 3. c'The cost of repairing or replacing the damaged or stolen ,::•;,, property with other of like kind or quality. ..i However, the most we will pay for stereos, radios, tape decks dis or other sound reproducing equipment (excluding citizens band radio, two -way mobile radio or telephone or scanning monitor ( $1500. ,. D. DEDUCTIBLE cfe For each covered auto, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the , ^,;,„applicable deductible shown In the Declarations. SECTIONYN= BUSINESS AUTO CONDITIONS . The following conditions apply In addition to the Common Policy Conditions A. LOSS CONDITIONS e v a '1: • APPRAISAL FOR PHYSICAL DAMAGE LOSS ti *,S ;; If you and we disagree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will select a competent appraiser. The two appraisers will 4 11 ,r,;, l select a competent and Impartial umpire. The appraisers , �5n t state separately the actual cash value and amount of , • Toss. If they fail to agree, they will submit their differences xe t< , to the umpire. A decision agreed to by any two will be bind- ;,, ing. Each party will: a. Y • Pay its chosen appraiser; and , b.., Bear the other expenses of the appraisal and umpire equally., • :tnt 1:.5 If we submit to an appraisal, we will still retain our right to .f<a j4 deny the claim. . " DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS a. ' In the event of accident, claim, suit or loss, you must , - give us or our authorized representative prompt notice „• of the accident or loss. ;E;1,-;;1,3-„-;,; t(1) How, when and where the accident or loss oc- curred; (2) The Insured's name and address; and • (3) To the extent possible, the names and addresses of any injured persons and witnesses. Uwe show that Your failure to provide notice prejudices "t=t C " defense, there is no liability coverage under the 1 policy. b. Additionally, you and any other involved Insured must: (1) Assume no obligation, make no payment or Incur „ ., ,no expense without our consent, except at the ,c..J,,:q P2•.•i .. :Insured's own cost. , (2) Immediately send us copies of any demand, notice, summons or legal paper received concern- . Ing the claim or suit. Page 5 (3) Cooperate with us in the investigation, settlement or defense of the claim or auk. (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often aswe reasonab- ly require. - c. If there is loss to a covered autd or its equipment you must also do the following: (1) Promptly notify the police if the covered auto or any of its equipment is stolen. Take all reasonable steps 18 protect the covered auto from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. Permit us to inspect the covered auto and records proving the loss before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. d. Submit a swom proof of loss when required by us. e. Within 15 days after we receive your written notice of claim, we must: 1 , (1) acknowledge receipt of the claim.' -, y If our acknowledgment of the claim is not in writing, we will keep a record of the date, method and content of our acknowledgment. • • ' (2) begin any investigation of the claim. (3) specify the information you must provide In ac- cordance with paragraph b. above. We may request more information, if during the Inves- tigation of the claim such additional information is necessary. (2) (3) f. After we receive the Information we request, we must notify you In writing whether the claim will be paid or has been denied or whether more information Is needed: (1) within 15 business days; or (2) within 30 days If we have reason to believe the loss resulted from arson. , E g. if we do not approve payment of your claim or require more time for processing your claim, we must: (1) give the reasons for denying your claim, or (2) give the reasons we require more time to process your claim. But, we must either approve or deny your claim within 45 days after our requesting more time. h. In the event of a weather - related catastrophe or major natural disaster, as defined by the Texas Department of Insurance, the claim- handling deadlines as stated above are extended for an additional 15 days. Loss Payment • (1) If we notify you that we will pay your claim, or part of your claim, we must pay within 5 business days after we notify you. •' (2) If payment of your claim or part of your claim re- quires the performance of an act by you, we must 1 v:a 1 =•' this Coverage Form; and • ' 1".. ••• T b, - Under Uability Coverage, we agree in writing that the •a ` ' ' " Insured has an obligation to pay or until the amount • , •, of the obligation has finally been determined by Judg- ment after trial. No one has the right under this policy 10 • to bring us Into an action to determine the Inaured's liability. 4. LOSS PAYMENT — PHYSICAL DAMAGE COVERAGES t • P■ At our option, we may: pay within 5 business days after the date you perform the act. ' ` ' > J. ■ Notice of Settlement of Liability Claim (1) We will notify you in writing of any initial offer to 'compromise or settle a claim against you under • " the liability section of this policy. We will give you notice within 10 days after the date the offer Is , made. (2) We will notify you in writing of any settlement of a t .• claim against you under the liability section of this policy. We will give you notice within 30 days after the date of the settlement. i,. 3., LEGAL AGAINST US . { No one may bring a legal action against us under this Coverage Form until: ' a." There has been full compliance with all the terms of a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the auto from the theft; :J^ , 1 ... or 4 ., 71 • C. Take all or any part of the damaged or stolen property :r at an agreed or appraised value. 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US • if any person or organization to or for whom we make ?;. , payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything ' necessary to secure our rights and must do nothing after „, , accident or loss to Impair them. B. GENERAL CONDITIONS • 1.. BANKRUPTCY - Bankruptcy or Insolvency of the Insured or the Insured's estate will not relieve us of any obligations under this • Coverage Form. . • 2." CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage form Is void in any case of fraud by you relating to It. It is also void if you intentionally conceal = +,'• : +or misrepresent a material fact concerning: .4••, t: a. This Coverage Form; b: The covered auto; or c. Your Interest In the covered auto. •'G3: LIBERALIZATION x: t If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will auto - - +'f matically provide the additional coverage as of the day the . revision Is effective in your state. P©qn 0 4. NO BENEFIT TO BAILEE — PHYSICAL DAMAGE COVERAGES We will not recognize any assignment or grant any coverage for the benefit of any person or organization hold- ing, storing or transporting property for a fee regardless of any other provision of this Coverage Form. • 5. OTHER INSURANCE " .• .41' f • a. For any covered auto you own, this Coverage Form provides primary insurance. For any covered autoyou don't own, the insurance provided by this Coverage Form Is excess over any other collectible Insurance. However, while a covered auto which is a trailer Is connected to another vehicle, the liability Coverage this Coverage Form provides for the trailer Js ;i;:4 (1) Excess while It Is connected to a motor vehicle you do not own. 1ft, .0 (2) Primary while It is connected to a covered auto you own. • b. Regardless of the provisions of paragraph a above, this Coverage Form's liability Coverage is primary for any liability assumed under an Insured contract';'" c. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share Is the proportion that the limit of Insurance of our Coverage Form bears to the total of the limits of all Coverage Forms and policies covering on the same basis. 6. PREMIUM AUDIT. , - a. The estimated premium for this Coverage Form Is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium due and the first Named In- sured will be billed for the balance, ff any. tithe estimate total premium exceeds the final premium due, the first Named Insured will get a refund., ••I .,, , b. ' If this policy is Issued for more than one year, the premium for this Coverage Form will be computed an- ;. nually based on our rates or premiums In effect at the beginning of each year of the policy. 7. POLICY PERIOD, COVERAGE TERRITORY 1 Under this Coverage Form, we cover accidents and los- ses occurring: a. During the policy period shown In the Declarations; and b." Within the coverage territory.'' ' The coverage territory Is: a. The United States of America; b. The territories and possessions of the.ynited States of America; c. Puerto Rico; and , .,. ,,.F; , . d. Canada , We also cover loss to, or accidents Involving, a covered auto while being transported between any of these places. I r,r 1 1 1 6. TWO OR•MORE COVERAGE FORMS OR POLICIES IS- SUED BY US - '-4: if this Coverage Form and any other Coverage Form or ' policy Issued to you by us or any company affiliated with , us apply to the same accident, the aggregate maximum Umit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Umit of Insurance v =- ! -•r under any one Coverage Form or policy. This condition =t• : %does not apply to any Coverage Form or policy Issued by tr' > • in or an affiliated company specifically to apply as excess Insurance over this Coverage Form. 'SECTION 11—DEFINITIONS A.. Accident Includes continuousor repeated exposure to the same nc , cond'Aions resulting in bodily Injury or property damage. B. Auto means a land motor vehicle, trailer or semitrailer designed , on public roads but does not include mobile equip- ment. - C., Injury means bodily injury, sickness or disease sus- ' talned by a person Including death resulting from any of these. • Insured means any person or organization qualifying as an In- sured In the Who Is An Insured provision of the applicable coverage. Except with respect to the Umit of Insurance, the b�acoverage afforded applies separately to each Insured who is seeking coverage or against whom a claim or suit is brought. r: r' Insured contract means: lease o} premises; 2 A sidetrack agreement; • 3. An easement or license agreement in connection with ' vehicle or pedestrian private railroad crossings at grade; 4. Any other easement agreement, except In connection with • construction or demolition operations on or within 50 feet AN�r3 I of a railroad; 5. • An indemnification of a municipality as required by or- 147 -! , - dinance, except In connection with work for a municipality; • 6. That past deny contract or agreement entered into, as part ,tr it.. ';.. of your business, by you or any of your employees pertain- • ing to the rental or tease of any auto; or 7. That part of a ny other contract or agreement pertaining to your business under which you assume the tort liability of • another to pay damages because of bodily Injury or property damage to a third person or organization, if the contract or agreement Is made prior to the bodily Injury or 2rt- i'. +. t• property damage. Tort liability means a liability that would be Imposed by law In the absence of any contract or agree- ment. , . > taw An Irieured contract does not Include that part of any con - t' ; La; tract or agreement: 1. That pertains to the loan, lease or rental of an auto to you rr Y, or any of your employees, If the auto Is loaned, leased or rented with a driver; or �2 2 ii That holds a person or organization engaged In the busi- ness of transporting property by auto for hire harmless for • , your use of a covered auto over a route or territory that J, IG Page 7 person or organization Is authorized to servr, by public authority. F. Loss means direct and accidental loss or damage. G. Mobile equipment means any of the following types of land vehicles, Including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts 'and other vehicles designed for use principally off public roads; , • 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; . 4. Vehicles, whether self-propelled or not, maintained primari- ly to provide mobility to permanently mounted::. a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. „ .a 5. Vehicles not described In paragraphs 1, 2, 3, or 4 above that are not self - propelled and are maintained primarily to provide mobilrty to permanently attached equipment of the following types: - , t , a. Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. . 6. Vehicles not described In paragraph's 1, 2, 3, or 4 above maintained primarily for purposes other than the transpor- tation of persons or cargo. However, self- propeliedvehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos:; a. Equipment designed primarily for: -. (1) Snow removal; ; (2) Road maintenance, but not construction or resur- facing; or (3) Street cleaning; . , . • b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and . c. AIr compressors, pumps and generators; Including spraying, welding, building cleaning, geophysical ex- ploration, lighting or well servicing equipment, • • H. Property damage means damage to or loss of use of tangible property. Suit means a civil proceeding In which damages, because of bodily Injury or property damages to which this Insurance applies are alleged. Suit includes an arbitration proceeding al- leging such damages to which you must submit or submit with ourconsent. ,r Trailer Includes semitrailer. •,'' ,• - ) 1: Business day means a day other than a Saturday, Sunday or holiday recognized by the state of Texas. " The following endorsements apply only if Indicated on the Declarations page. IL 00 21 — NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM - The Insurance does not apply: A. Under any Liability coverage, to bodily Injury or property damage: (1) With respect to which an Insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, - or any of their successors, or would be an Insured under any such policy but for its termination upon exhaustion of its Ilmtt 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, any , agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person • or organization. • • • • , • „ Under any Medical Payments coverage, to expenses Incurred with respect to bodily Injury resulting from the hazardous proper- ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. .=n tr C . Underany Liability Cdverage, to bodily Injury or property damage resulting from the hazardous properties of nuclear meteria!, ' if: 111: ; t r ,s. • (1) The nuclear material (a) is at any nuclear faclllty owned by, or operated by or on behalf of, an Insured or (b) has been discharged or dispersed therefrom; ' ', x , • . (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 • t, • • t ;r i it •.a' ,, (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 faclllty and any property thereat. 2 As used in this endorsement: • a• t yw rrA .2: "Hazardous properties" Include radioactive, toxic or explosive properties; "Nuclear material" means source material, special nuclear material or by- product material; . • rr 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 fir?' 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 bythe extraction np or concentration of uranium or thorium from any ore processed primarily for Its source material content, and (b) resulting from 'nisi the operation by any person or organization of any nuclear faclllty included under the first two paragraphs of the definition of nuclear faclllty, Nuclear facility" means: , ' (a) Any nuclear reactor; ti (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 material in the custody of the Insured at the premises where such equipment or device is located consists of or Y P • 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 of disposal of waste; • • o- ,t 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 01 property. 1. TE 99 03B — AUTO MEDICAL PAYMENTS INSURANCE A. COVERAGE • We will pay reasonable expenses Incurred for necessary medical and funeral services to or for an Insured who sustains bodily Injury caused by accident. We will pay only those expenses Incurred within three years from the date of the accident. Page 8 I . B. EXCLUSIONS • . • This Insurance does not apply to: 1 1 1 1 A. COVERAGE I . We will pay under the provisions of personal Injury protection Insurance, medical payment insurance and/or auto death indemnity t as limited b Insurance as afforded by this policy except this endorsement. We will pay a supplementary death benefit equal to the limit shown for the coverages but not exceeding ten thousand ($10,000) ' per person because of death: 1. Caused by an auto accident; and 2. Sustained by an Insured while wearing a neat belt or protected by an airbag. ' We will pay the benefit, If death from an auto accident occurs within three years of the date of such accident, except under auto death indemnity, death must occur within one year of the date of such accident. B. PROOF OF CLAIM FOR DEATH BENEFIT ' • The beneficiary must furnish us with proof of death of the Insured, accompanied by a police report or other suitable proof, that the Insured at the time the auto accident occurred, was wearing a seat belt or protected by an airbag. C. OTHER INSURANCE ' Any amounts payable under the supplementary death benefit shall not be reduced by any other amounts paid or payable under this policy. D. ADDITIONAL DEFINITIONS ' The following are added to the DEFINITION Section and have special meaning for Supplementary Death Benefit. 1. Bodily Injury sustained by an Insured while occupying a vehicle located for use as a premises. •� 2. Bodily Injury sustained by you or any family member while occupying or struck by any vehicle (other than a covered auto) owned by you or fumished or available for your regular use. 3. Bodily Injury sustained by any family member while occupying or struck by any vehicle (other than a covered auto) owned by or furnished or available for the regular use of any family member. 4. Bodily Injury to your employee arising out of and in the course of employment by you. However, we will cover bodily InJ'ury to your domestic employees if not entitled to workers' compensation benefits. • 5. Bodily Injury to an Insured while working in a business of selling, servicing, repairing or parking autos unless that business is yours. 6. Bodily Injury caused by declared or undeclared war or Insurrection or any of their consequences. 7. Bodily Injury to anyone using a vehicle without a reasonable belief that the person Is entitled to do so. C. WHO IS AN INSURED 1. You or any family member while occupying or when struck by any auto. 2. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown, repair, servicing, loss or destruction. D. LIMIT OF INSURANCE , Regardless of the number of covered autos, Insureds, claims made or vehicles Involved in the accident, the most we will pay for bodily Injury for each Insured injured in any one accident Is the limit of AUTO MEDICAL PAYMENTS shown In the Declarations. E. CONDITIONS The CONDITIONS of the policy are changed for AUTO MEDICAL PAYMENTS INSURANCE as follows: The reference In OTHER INSURANCE to "other collectible Insurance" applies only to other collectible Auto Medical Payments insurance. F. ASSIGNMENT OF BENEFITS Payments for medical benefits will be paid directly to a physician or other health care provider if we receive a written assignment signed by the covered person to whom such benefits are payable. G. ADDITIONAL DEFINITIONS The following are added to the DEFINITION Section and have special meaning for AUTO MEDICAL PAYMENTS INSURANCE: 1. "Family member" means a person related to you by blood, marriage or adoption who Is a resident of your household, including a ward or foster child. 2. 'Occupying" means In, upon, getting In, on, out or off. TE 99 6OA - SUPPLEMENTARY DEATH BENEFIT Page 9 1. Insured" as used In this endorsement means the same persons who are covered under auto medical payments Insurance, ft personal Injury protection Insurance, garage auto medical payments and /or auto death Indemnity Insurance, • 2. "Seat belt" means manual or automatic safety belts or seat and shoulder restraints or a child restraint device, • 3: "Airbag" Is a functioning airbag designed to protect the occupant of a seat In an auto. , , , 4. "Beneficiary" means (in order of priority of payment): r n v'i" •a: "' the surviving spouse If a resident in the same household as the deceased at the time of the accident, or'' • • .. b. If the deceased is an unmarried minor, either of the survNln e , _,,, . or " , : , g parents who had legal custody at the time of the accident, ,I f r 'r c. the estate of the deceased. • . . i h r.i r• ?. .'i ti • • •3 • Page 10 F I • • I•r v ia I .:rf •t`I t :: .t1 • .f ;r : 'r ',It ^. • ' - 17". • .. ,;fir,'! ;I 1 1 1i 1 1 1 .. 1. t 1 1 COMMON POLICY CONDITIONS /Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION OR NON - RENEWAL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel or non -renew as follows: a. Cancellation (3) B. (1) We may cancel this policy by mailing or delivering to the first Named Insured written notice of can- cellation, stating the reason for cancellation, at least 10 days before the effective date of cancel- lation. (2) If this policy has been in effect for 60 or fewer days, we may cancel for any reason. If this policy has been in effect for more than 60 days, we may cancel only for one or mole of the following reasons: D. (a) Fraud in obtaining coverage; (b) Failure to pay premiums when due, (c) An increase in hazard within the control of the Insured which would produce an increase in rate; (d) Loss of our reinsurance covering all or part of the risk covered by the policy, or (e) If we have been placed in supervision, con- servatorship or receivership and the cancel- lation or non - renewal is approved or directed by the supervisor, conservator or receiver. b. Non - Renewal (1) We may elect not to renew this policy by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of non - renewal, stating the reason for non - renewal, at least 60 days before the expiration date. If E. notice is mailed or delivered less than 60 days before the expiration date, this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year's premium. (2) If notice is mailed, proof of mailing will be sufficient proof of notice. We may not cancel or non -renew based solely on the fact that you are an elected official. 3. We will mail ordeliver our notice to the first Named lnsured 's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancel- lation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named In- sured any premium refund due. The refund will be pro rata, C. F. TE0017 subject to the policy minimum premium. The cancellation will be effective even if we have not made or of fered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make Inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety Inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that con- ditions: 1. Are safe and healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or recommendations. PREMIUMS The lirst Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. POLICY NUMBER TSF- 119742 -00 MAA0OUS CONSTRUCTION COMPANY, INC. . P 0 BOX 5258 TEMPLE, TX 76505 . Federal Tax ID 74 2505354 Board File Number 020505 OTHER WORKPLACES NOT SHOWN ABOVE: '`' ' "' '" Branch 06 s ee attached schedule of operation. Renewal of NEW r, a RICHARDS INSURANCE AGENCY . ' : : i ' 1 t': ) Entity CORPORATION P 0 BOX 3623 Interim Adjustment ANNUAL 2005 BIRD CREEK DRIVE 113 fi!C:l,'.i11 Group TSF TEMPLE, TX 76505 -3633 The Policy Period is from: 02 -01 -1994 To: 08 -10 -1994 12:01 A.M. standard time at the Insured's mailing address A. Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here: TEXAS B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our Liability under Part Two are: Bodily Injury by Accident $ 100, 000 Each Accident Bodily Injury by Disease $ 500,000 Policy Limit Bodily Injury by Disease $ 100,000 Each Employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:NONE D. This policy includes these endorsements and schedules: WC- 00 -04 -06 WC- 00 -03 -10 WC- 00 -02 -02 WC- 00 -01 -07 WC- 42 -04 -05 WC- 42 -03 -01 The premium for this policy will be determined by our manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. 'DOTAL ESTIMATED STANDARD PREMIUM e $25,487 RATE TIER ADJUSTMENT ( 20.00 -) $5,097- PREMIUM SUBJECT 10 EXPERIINCE MODIFICATION • $20,390 EXPERIENCE MODIFICATION ADJUSIN NP (0.83) • $3,466 - PREMIUM DISCOUNT (05.9) • $999- EXPENSE CONSTANT $140 TOTAL ESTIMATED ANNUAL PREMIUM $16,065 MINIMUM PREMIUM 50 DEPOSIT PREMIUM • 16,065 ISSUE DATE: 02 -03 -1994 '� 4 . ter / Countersigned by ut Tome epres. tahv. TEXAS WORKERS' COMPENSATION INSURANCE FUND 100 Congress, Suite 300 Austin, Tx 78701 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 1 Producer 12564 1 ITEM 2 'ITEM 3 1 1 1 1 1 ITEM 4 1 1 1 1 1 1 ITEM 1 Insured ame and A ddress WC 00 00 01 INFORMATION PAGE I TEXAS WORKERS' COMPENSATION INSURANCE FUND 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAGE 1 INFORMATION PAGE EXTENSION SCHEDULE NAME AND ADDRESS OF INSURED MATOUS CONSTRUCTION COMPANY, INC. P 0 BOX 5258 TEMPLE, TX 76505 Code Loc No. Classification WC 00 00 01 (84 4.84 ) ITIIl 4 ** Workers' Compensation and Employers Liability Policy POLICY NUMBER TSF- 119742 -00 ISSUE DATE 02 -03 -1994 SCHEDULE OF OPERATIONS** Premium Basis: Total Estimated Rate Per Estimated Annual S100 of Annual Remuneration Remuneration Premium 0001 02/01/94 to 08/10/94 3724 MILLWRIQ -IT WORK NOC & DRIVERS 61,999 10.99 6,814 5213 CONCRETE CONSTRUCTION NOC & DRIVERS 52,100 27.70 14,432 6219 EXCAVATION NOC & DRIVERS 21,882 18.22 3,987 8809 EXECUTIVE OFFICERS IOC - PERFORMING 27,092 .76 206 CLERICAL OR OUTSIDE SALES DUTIES ONLY 8810 CLERICAL OFFICE EMPLOYEES NOC 7,815 .61 48 TOTAL ESTIMATED STANDARD PREMIUM 25,487 TEXAS WORKERS' COMPENSATION INSURANCE FUND I W0000001 (Ed 4 -84 ) PAM 2 INFORMATION PAGE EXTENSION SCHEDULE NAME AND ADDRESS OF INSURED POLICY NUMBER MATOUS OCNSERUCTION QMPANY, INC. TSF- 119742 -00 P 0 BOX 5258 TEMPLE, TX 76505 ISSUE DATE 02 -03 -1994 IACATION NUMBER ITEM1 ** L O C A T T O NS ** ADDRESS 0001 MATOUS CONS COMPANY, INC. P 0 BOX 5258 TEMPLE, TX 76505 FEDERAL ID: 74- 2505354 EFF: 02 -01 -94 EXP: 08 -10 -94 0002 MATOUS CONIKUCTION COMPANY, INC. 1506 COMMERCE TEMPLE, TX 76505 FEDERAL ID: 74- 2505354 EFF: 02 -01 -94 EXP: 08 -10 -94 Workers' Compensation`and Employers Liability Policy TEXAS WORKERS' COMPENSATION INSURANCE FUND Workers' Compensation and Employers Liability Policy PAGE 3 INFORMATION PAGE EXTENSION SCHEDULE NAME AND ADDRESS OF INSURED POLICY NtMBER M.ATUtus OONSTRUCTION COMPANY, INC. TSF- 119742 -00 P 0 BOX 5258 TEMPLE, TX 76505 ISSUE DATE 02 -03 -1994 ITEM 3D ** ENDORSEMENTS AND SCHEDULES ** EFFECTIVE ENDORSEMENT STATE NUMBER DESCRIPTION DATE PREMIUM TX WC000406 PREMIUM DISCOUNT 02 -01 -94 TX W0000310 PROPRIETOR /PARTNER /OFFICER /OTHERS 02 -01 -94 TX WC000202 MARITIME EXCLUSION 02 -01 -94 TX WC000107 LONGSHORE /HARBOR ACT EXCLUSION 02 -01 -94 TX WC420405 SB 1 LITIGATION SURCHARGE 02 -01 -94 TX WC420301 TEXAS AMENDATORY 02 -01 -94 WC 00 00 01 (Ed4 -84) 1 1 1 1 1 1 1 1 1 1 1 1 1 TEXAS WORKERS' COMPENSATION INSURANCE FUND Workers' Compensatidn and Employers Liability Policy LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT EXCLUSION ENDORSEMENT This endorsement applies only to work subject to the Longshore and Harbor Workers' Compensation Act ( 33 USC Sections 901 -950 ). The policy definition of workers' compensation law does not include the Longshore and Harbor Workers' Compensation Act or any amendment to that Act. The insurance provided by Part Two ( Employers Liability Insurance) of the policy does not cover bodily injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act or any amendment to that law. 1 This endorsement changes the policy to which It is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on at 12:01 A.M. standard time, forms a part of ' Policy No. Policy Period 'Issued to Premium $ 1 WC 00 01 07 1 (Ed 1-87) to - of the By: Endorsement No. Authorized Representative TEXAS WORKERS' COMPENSATION Workers' Compensation and 1 INSURANCE FUND Employers Liability Policy 1 MARITIME EXCLUSION ENDORSEMENT The policy does not cover bodily injury to a master or member of the crew of any vessel. 1 1 1 1 1 1 1 ' This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on at 12:01 A.M. standard time, forms a part of 1 Policy No. of the Policy Period to 1 Issued to Endorsement No. Premium $ By • WC 00 02 02 Authorized Representative ▪ (5d7-84) I TEXAS. WORKERS' COMPENSATION INSURANCE FUND 1 1 1 1 1 1 1 1 1 1 1 1 1 1 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on at 12:01 A.M. standard time, forms a part of 1 Policy No. of the 1 1 1 An election was made by or on behalf of each person described in the Schedule to be subject to the workers' compensation law of the state named in the Schedule. The premium basis for the policy includes the remuneration • of such persons. Persons State OFFICERS: Policy Period Issued to Premium $ WC 00 03 10 ( Ed 7 - 84 ) SOLE PROPRIETORS, PARTNERS, OFFICERS AND OTHERS COVERAGE ENDORSEMENT BRUCE MA'IMUS TX WILLIAM BEACH TX MARCIA GIRARD TX to Schedule Workers' Compensation and Employers Liability Policy Endorsement No. By Authorized Representative TEXAS WORKERS' COMPENSATION • • INSURANCE FUND 1 1 1 1 1 1 1 2. Average percentage discount: 3. Other policies: 1 1 1 1 1 The premium for this policy and the policies, if any, listed in Item 3 of the Schedule may be eligible for a discount. This endorsement shows your estimated discount in Item 1 or 2 of the Schedule. The final calculation of premium discount will be determined by our manuals and your premium basis as determined by audit. Premium subject to retrospective rating is not subject to premium discount. 1. State Texas 4. If there are no entries in Items 1, 2 and 3 of the Schedule see the Premium Discount Endorsement attached to your policy number: 1 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on at 12:01 A.M. standard time, forms a part of ' Policy No. - of the Policy Period 1 Issued to 1 Premium $ WC 00 04 06 I (Ed 3 -85 ) to 5.9 PREMIUM DISCOUNT ENDORSEMENT Schedule Estimated Eligible Premium First Next Next $5,000 $95,000 $400,000 Workers' Compensation and Employers Liability Policy Balance 0 8.4% 10.5% 11.0% Endorsement No. By Authorized Representative TEXAS WORKERS' COMPENSATION INSURANCE FUND TEXAS AMENDATORY ENDORSEMENT Effective January 1, 1991 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. • GENERAL SECTION B. Who Is Insured is amended to read: You are insured if you are an employer named in Item 1 of the Information Page. If that employer is a partnership or joint venture, and if you are one of its partners or members, you are insured, but only in your capacity as an employer of the partnership's or joint venture's employees. D. State is amended to read: State means any state or territory of the United States of America, and the District of Columbia. • PART ONE - WORKERS' COMPENSATION INSURANCE E. Other Insurance is amended by adding this sentence: This section only applies if you have other insurance or are self- insured for the same loss. F. Payments You Must Make This section is amended by deleting the words 'workers' compensation' from number 4. H. Statutory Provisions This section is amended by deleting the words 'after an injury occurs' from number 2. PART TWO - EMPLOYERS LIABILITY INSURANCE WC 42 03 01 C (Ed 1-91) 1 of3 Workers' Compensation and Employers Liability Policy C. Exclusions Sections 2 and 3 are amended to add: This exclusion does not apply unless the violation of law caused or contributed to the bodily injury. Section 6 is amended to read: 6. bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America, Mexico or Canada who is temporarily outside these countries. D. We Will Defend This section is amended by deleting the last sentence. - PART FOUR - YOUR DUTIES IF INJURY OCCURS Number 6 of this part is amended to read: 6. Texas law allows you to make weekly payments to an injured employee in certain instances. Unless authorized by law, do not voluntarily make payments, assume obligations or incur expenses, except at your own cost. TEXAS WORKERS' COMPENSATION INSURANCE FUND Part Seven has been added as follows: PART FIVE - PREMIUM PART SIX - CONDITIONS WC 42 03 01 C (Ed 1-91) 2of3 Workers' Compensation and Employers Liability Policy A. Our Manuals is amended by adding the sentence: In this part, our manuals' means manuals approved or prescribed by the State Board of Insurance. C. Remuneration Number 2 is amended to read: 2. All other persons engaged in work that would make us liable under Part One (Workers' Compensation Insurance) of this policy. This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured workers' compensation insurance. A. Inspection is amended by adding this sentence: Your failure to comply with the safety recommendations made as a result of an inspection may cause the policy to be canceled by us. C. Transfer of Your Rights and Duties is amended to read: Your rights and duties under this policy may not be transferred without our written consent. If you die, coverage will be provided for your surviving spouse or your legal representative. This applies only with respect to their acting in the capacity as an employer and only for the workplaces listed in Items 1 and 4 on the Information Page. D. Cancelation is amended to read: 1. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We may also decline to renew it. We must give you written notice of cancelation or nonrenewal. That notice will be sent certified mail or delivered to you in person. A copy of the written notice will be sent to the Industrial Accident Board. 3. Notice of cancelation or nonrenewal must be sent to you not later than the 30th day before the date on which the cancelation or nonrenewal becomes effective, except that we may send the notice not later than the 10th day before the date on which the cancelation or nonrenewal becomes effective if we cancel or do not renew because of: a. Fraud in obtaining coverage; b. Failure to pay a premium when payment was due; c. An increase in the hazard that results from an action or omission and that would produce an increase in the rate, including an increase because of failure to comply with reasonable recommendations for loss control or to comply within a reasonable period with recommendations designed to reduce a hazard that is under your control; d. A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the law, or would be hazardous to the interests of subscribers, creditors, or the general public. 4. If another insurance company notifies the Texas Workers' Compensation Commission that it Is insuring you as an employer, such notice shall be a cancelation of this policy effective when the other policy starts. TEXAS WORKERS' COMPENSATION INSURANCE FUND A. Claims Notification We are required to notify you of any claim that is filed against your policy. Thereafter we shall notify you of any proposal to settle a claim or, on receipt of a written request from you, of any administrative or judicial proceeding relating to the resolution of a claim, including a benefit review conference conducted by the Texas Workers' Compensation Commission. You may, in writing, elect to waive this notification requirement. We shall, on written request from you, provide you with a list of claims charged against your policy, payments made and reserves established on each claim, and a statement explaining the effect of claims on your premium rates. COMPLAINT NOTICE: SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 149091, AUSTIN, TEXAS 78714 - 9091, FAX # (512) 475 - 1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. Policy Period Issued to Premium $ to PART SEVEN - OUR DUTY TO YOU FOR CLAIM NOTIFICATION of the WC 42 03 01 C (Ed1 -91) 3of3 Workers' Compensation and Employers Liability Policy Endorsement No. By Authorized Representative 1 TEXAS WORKERS' COMPENSATION Workers' Compensation and INSURANCE FUND Employers Liability Policy SENATE BILL 1 LITIGATION SURCHARGE ENDORSEMENT . A This endorsement is added to Part 5 (Premium). It explains a (Senate Bill 1) Litigation Surcharge on the premium you will pay for insurance afforded by this policy with respect to operating in Texas if the surcharge is imposed by ' the State Board of Insurance in Texas during the policy period pursuant to the conditions of this endorsement and the authority of the State Board of Insurance in Chapter 5, Texas Insurance Code. B. In court proceedings instituted in a state district court in Texas, the constitutionality of Senate Bill 1, Acts of the 71st ' Legislature, 2nd Called Session, 1989, adopted by the Texas Legislature in December 1989, has been challenged. Rates for premiums charged for this policy adopted by the State Board of Insurance on November 26, 1990, by Order No. 57480, are based in part on cost savings to result from the workers' compensation system created by S.B. 1, Acts of the 71st Legislature, 2nd Called Session, 1989. C. The State Board of Insurance, in response to this court challenge, includes as a condition of this policy to which this endorsement becomes a part, and the insured under this policy agrees to pay to the insurer issuing this policy on ' occurrence of the conditions stated in Part D. of this endorsement during the policy year, a separate charge to be known as the S.B. 1 Litigation Surcharge. The S.B. 1 Litigation Surcharge is considered part of the premium for this policy. D. If a final decision is rendered by a court of competent jurisdiction declaring all or any part of Senate Bill 1, Acts of the ' 71st Legislature, 2nd Called Session, 1989, unconstitutional and no appeal of that decision may be filed or heard under any law, the State Board of Insurance shall impose on the insured under this policy the S.B. 1 Litigation Surcharge in an amount determined by the Board to be sufficient to compensate for the loss of any cost savings Identified in Board ' Order No. 57480, which loss of cost savings results from the above - referenced court decision. The insured under this policy will be liable for payment of the S.B. 1 Litigation Surcharge as follows: 1. If the court in the above - referenced court action applies its decision only to workers' compensation claims arising ' on or after January 1, 1991, for which benefits are finally determined under Senate Bill 1 on or after the date of the above - referenced court decision, the insured is liable for payment of the S.B. 1 Litigation Surcharge only for that part of the annual premium that is attributable to the policy period from the date of the above - referenced decision until the end of the regular policy period. ' 2. If the court in the above - referenced court action makes its decision applicable to any workers' compensation claims arising on or after January 1, 1991, for which benefits are finally determined under Senate Bill 1 before the date of the above- referenced court decision but during the policy period, the insured is liable for payment of the S.B. 1 ' Litigation Surcharge for that part of the annual premium that is attributable to the policy period from which the court's decision is made applicable until the end of the regular policy period. E. Any S.B. 1 Litigation Surcharge does not apply to an insured under this policy if the court in the above - referenced case does not declare any part of Senate Bill 1, Acts of the 71st Legislature, 2nd Called Session, 1989, unconstitutional. 1 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. of the ' Policy Period to Issued to Endorsement No. ' Premium $ I WC0 (Ed 42 t -91 ) By Authorized Representative 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Paragraph title Page 1 CONTENTS 1 2 DEFINITIONS 2 3 CONTRACTORS UNDERSTANDING 3 4 PROPOSALS 3 5 IRREGULAR PROPOSALS 3 6 WITHDRAWAL OR REVISION OF PROPOSALS 3 7 CORPORATE BIDDERS 3 8 INTERPRETATIONS 3 9 PRE QUALIFICATION OF BIDDERS, 4 MACHINERY AND EQUIPMENT 10 EQUIPMENT STIPULATION 4 11 SUBSTITUTIONS. "OR APPROVED EQUAL" 4 CLAUSE 12 RETURN OF BID SECURITY 4 13 REJECTION OF BIDS 4 14 AWARD 4 15 CONTRACT SECURITY 4 16 CONTRACTORS AND SUBCONTRACTORS 4 INSURANCE 17 DATE OF CONTRACT 6 18 FAILURE TO EXECUTE CONTRACT 6 19 ASSIGNMENTS 6 20 SCHEDULE OF CONSTRUCTION AND 6 COMPLETION 21 ORDER OF CONSTRUCTION 6 22 COST INFORMATION 6 23 SUBMITTAL OF REQUIRED DOCUMENTS 6 24 PROVISIONS REQUIRED BY LAW DEEMED 6 - INSERTED 25 DRAWINGS AND SPECIFICATIONS 26 CORRELATION OF DOCUMENTS 27 REFERENCE TO STANDARD SPECIFICATIONS 28 REFERENCE POINTS 29 RIGHT -OF -WAY 30 NOTICE AND SERVICE THEREOF 31 TAXES 32 SUB CONTRACTING 33 SEPARATE CONTRACTS 34 LAWS, PERMITS. LICENSES. REGULATIONS 35 OPERATIONS AND STORAGE AREAS 36 RIGHT -OF -ENTRY 37 ACCESS AND DRAINAGE 36 SANITARY CONVENIENCES 39 DEBRIS AND CLEAN -UP PRACTICES 40 SHOP DRAWINGS. SAMPLES. OPERATOR'S INSTRUCTIONS. SERVICE AND PARTS MANUALS 41 DRAWINGS SHOWING CHANGES DURING 9 CONSTRUCTION 42 MATERIALS. EQUIPMENT. SUPPUES. 9 SERVICES AND FACILITIES 43 WORKMANSHIP, MATERIALS AND 9 EQUIPMENT 44 QUALITY OF MATERIALS 9 45 CONTRACTOR'S RESPONSIBILITY, IN PART. . 9 UNDER THE CONTRACT DOCUMENTS Cgpvngn11988 HO8 Engineenng, Inc GENERAL CONDITIONS Table of Contents 7 7 7 7 7 7 7 7 8 8 8 8 8 8 • 8 8 Paragraph Trde 46 UNFAVORABLE WEATHER 47 SUNDAYS. HOLIDAYS AND OVERTIME 48 MUTUAL RESPONSIBILITY OF CONTRACTORS 49 ACCIDENT PREVENTION- EMERGENCY AUTHORITY TO ACT 50 PROTECTION OF WORK 10 51 PROTECTION OF PROPERTY 10 52 PROTECTION OF PERSONS 10 53 USE OF EXPLOSIVES. DRIVING OR REMOVAL 11 OF PILES. WRECKING. EXCAVATION WORK OR OTHER SIMILAR AND POTENTIALLY DANGEROUS WORK 54 PATENTS. COPYRIGHTS AND ROYALTIES 11 55 CONTRACTOR'S EMPLOYEES 11 56 LIQUIDATED DAMAGES -TIME AN ESSENTIAL 11 ELEMENT 57 RIGHTS OF VARIOUS INTERESTS 11 58 TEMPORARY SUSPENSION OF THE WORK 12 59 USE OR OCCUPANCY OF COMPLETED 12 PORTIONS 60 AUTHORITY OF ENGINEER 12 61 DECISIONS OF ENGINEER 12 62 PERSONAL LIABIUTY OF ENGINEER 12 63 AUTHORITY AND DUTIES OF ENGINEER'S 12 FIELD REPRESENTATIVES 64 CHANGED OR EXTRA WORK 12 65 CLAIMS FOR EXTRA COST 14 66 EXTENSION OF CONTRACT PERIOD 14 67 CERTIFICATES. WARRANTIES AND 14 GUARANTEES 68 CONSTRUCTION REVIEW AND TESTING OF 14 MATERIALS AND EQUIPMENT 69 "GOOD REPAIR" PERIOD 15 70 REMEDY OF DEFECTS. DETERIORATION OR 15 DEPARTURE FROM STANDARDS 71 VARIATION FROM ESTIMATED QUANTITIES 15 72 PROGRESS PAYMENTS 15 73 PAYMENTWITHHELD 16 74 FINAL MEASUREMENTS 16 75 PAYMENT. USE OR OCCUPANCY OF WORK 16 NOT EVIDENCE OF PERFORMANCE 76 ACCEPTANCE AND FINAL PAYMENT 16 77 ACCEPTANCE OF FINAL PAYMENT 16 CONSTITUTES RELEASE 78 OWNER'S RIGHT TO CORRECT DEFICIENCIES 16 79 SUSPENSION OF WORK BY OWNER 16 80 RIGHT OF OWNER TO TERMINATE CONTRACT 17 81 CONTRACTS IN DEFAULT 17 82 PROCEDURE FOR DECLARING CONTRACT IN 17 DEFAULT 83 COMPLETION OF CONTRACTS IN DEFAULT 17 84 OWNER'S REMEDIES CUMULATIVE AND NON 17 WAIVER Page 10 10 10 10 Issue 11/88 2. DEFINITIONS. The following terms when used in the Contract Documents shall mean the following: A. ADDENDA Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. B. BID. The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work and services to be performed. C. CHANGE ORDER. Written order to the Contractor. signed by the Engineer, the Owner and Contractor to show the approval of the Engineer. the authorization of the Owner and the acknowledgement of receipt by the Contractor to make a change in the Work or an adjustment in the Contract Price or the Contract Time. D CHANGE PROPOSAL REQUEST (CPR). A request to the Contractor, by the Owner. through the Engineer that the Contractor perform "Changed or Extra Work ". E. CONTRACT. The written agreement between Owner and Contractor covering the Work and services to be performed as provided for by the Contract Documents. F. CONTRACT DOCUMENTS. The Contract Documents consist of the Proposal; the Contract: the Performance. Payment and Maintenance Bond: the Conditions of the Contract (General, Special. Supplementary and other conditions as they may be titled): Information or Instruction to'Bidders: all Specifications. Drawings and Plans: Addenda: Change Orders when and as approved by the Engineer and the Owner, Notice inviting Contractors to bid as published and all proceedings of the governing body of the Owner relating to the Work or improvements. G. CONTRACTOR. Parry contracting directly with the Owner to furnish and perform all Work and services in accordance with the Contract Documents. H. DAY. • Unless otherwise defined shall mean "calendar" day. L DRAWINGS. The drawings which show the character and scope of the Work to be performed and which have been'prepared or approved by the Engineer and are referred to in the Contract Documents. .L ENGINEER. ARCHITECT. ENGINEER - ARCHITECT OR ARCHITECT- ENGINEER , (1) Each of these terms shall mean HDR Engineering. Inc.. or an affiliate as otherwise provided in the Contract Documents. or duly authorized representatives. such representatives acting severally within the scope of the particular duties entrusted to them. unless otherwise provided in the Contract Documents. (2) Nothing contained in the Contract Documents shall create any contractual relationship between the Engineer and any Contractor or any Subcontractor. K. FIELD ORDER. Awritten order issued by Engineer which orders minor changes in the Work consistent with the intent of the Contract Documents but which does not involve a change in the Contract Price or the Contract Time. L FURNISH or INSTALL or PROVIDE or SUPPJ-Y. Unless specifically limited in the context the word "Furnish" or the word "Instal or the word "Preside" or the word "Supply ", 2 or any combination or similar directive or usage thereof. shall mean FURNISHING AND INCORPORATING IN THE WORK including all necessary labor. materials. equipment. and everything necessary to perform the Work indicated. M. GENDER AND NUMBER. References are made as if masculine in gender and singular in number unless neuter gender is appropriate in the context; however. the use of any gender shall be applicable to all genders and the use of singular number shall include the plural and conversely. N GOOD REPAIR. Good repair shall be construed to mean that any defect. functional or structural deterioration (except that from ordinary and reasonable use) which appreciably reduces the effective- ness or efficiency of the Work or improvement for the purpose intended. or any serious departure from the standards of original construction described in the Contract Documents. shall be remedied by the Contractor Such remedy will be made without further cost to the Owner. including in part. all damages caused by such defect. deficiency. deterioration or departure. and by its repair. replacement or correction. The requirements of Good Repair shall include in pan and not by limitation: Site and Drainage Work, Trench Conditions. Landscaping. Filling. Retaining Walls. Rip -Rap. Revetments. Grading and .other site work activities O. MAY. Permissive. P. OWNER. The public body or authority. corporation. association. firm or person with whom the Contractor has entered into the Agreement and for whom the Work is to be provided. Q. PROJECT. Total•construction of which the Work covered by the Contract Documents may be the whole or a part thereof. R. PROPOSAL Prescribed form setting forth the prices for the Work and services to be performed. S. REFERENCE TO TRADE CONTRACTORS. When only one principal contract exists for all Work covered by the Contract Documents. reference to trades or to trade contractors in the Contract Documents shall mean the various construction crafts and such reference shall not create any contractual relationship between the Owner and any trade conlrac1orwith whom the principal contractor maysu bcontract. T. SAMPLES. Samples are physical examples furnished or constructed by the Contractor to illustrate materials. equipment workmanship or finishes. and to establish standards by which the Work will be judged. U. 'SHALL IMPLIED. - - In the interest of conciseness, some sentences. statements. and clauses used in the specifications exclude any form of the verb "shall" normally expressed in a verb phrase with verbs such as" furnish :install," "provide." "perform: "construct" "erect "comply." "apply," "submit" or similar "verb". but any such sentences. statements. and clauses shall be interpreted to include the applicable form of the phrase "The Contractor shall" and the requirements descnbed therein shall be interpreted as mandatory elements of the Contract. V. SHALL Mandatory. W. SHOP DRAWINGS. Shop drawings are drawings. diagrams. illustrations. certifi- cates. test reports. schedules, performance charts. brochures. shop layouts. fabrication layouts. assembly layouts. foundation layouts, wiring and piping layouts. specifications and descriptive Issue 11 /88 literature required by the Contract Documents. which are prepared by the Contractor or any Subcontractor. manufacturer. supplier or distributor. and which illustrate some portion of the Work X. SPECIFICATIONS. • S Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment. construction systems. standards and workmanship as applied to the Work and certain administrative details applicable thereto. Y. SUBCONTRACTOR. Party supplying labor and material or only labor for work at the site of the project for. and under separate contract or agreement with the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner and any Subcontractor. Z SUBSTANTIAL COMPLETION. When the Work is sufficiently complete so it may be safely. conveniently and beneficially utilized by the Owner for all of the purposes for which it was intended. AA. WILL Mandatory. BB. WORK All materials. supplies and equipment incorporated or to be incorporated into the construction and all labor, operations and services necessary to produce the construction. including in part all testing. obligations. duties and responsibilities necessary to the successful completion of the construction start up. and demonstration as required by the Contract Documents. 3. CONTRACTOR'S UNDERSTANDING. A. his understood and mutually agreed that by submitting a Proposal the Contractor acknowledges that he has carefully examined all documents pertaining to the Work the location. accessibility and general character of the site of the Work and all existing buildings and structures within and adjacent to the site. and has satisfied himself as to the nature of the Work. • the condition of existing buildings and structures. the conformation of the ground. the character. quality and quantity of the material to be encountered. the character of the equipment. machinery. plant, and any other facilities needed preliminary to and during prosecution of the Work the general and local conditions. the construction hazards. and all other matters, including but not limited to the labor situation which can in any way affect the Work under the Contract. It is further mutually agreed that by submitting a Proposal the Contractor acknowledges that he has satisfied himself as to the feasibility of the Contract Documents for the construction of the Work and that he accepts all the terms. conditions and stipulations contained therein: and that he is prepared to work in peace and harmony with other contractors performing work on the site. B. No verbal agreement or conversation with anyof tcer, agent or emplo of the Owner or of the"Engineer, or with the Owner himself. either before or after execution of the Contract. shall affect or modify any of the terms. conditions. or other obligations set forth in the Contract Documents. 4. PROPOSALS. A. Proposals must be submitted on forms furnished by the Owner or the Engineer and endorsed as provided in the Contract Documents. 0. Proposals must be submitted filled out with ink or typewriter, and without erasure, interlineation or changes. and if not made in accordance with the Contract Documents, will be subject to rejection as irregular. The Owner reserves the right to waive any irregularities or informalities. C. Proposals shall be made in the name of the principal and if a copartnership, the names of all partners shall be given. Exact post office address shall be given in all cases. If Proposals are submitted by an agent. satisfactory evidence of agency authority must accompany the Proposal. 5. IRREGULAR PROPOSALS. A. Proposals shall be considered irregular and may be rejected for the following reasons unless otherwise provided by law. • (1) If the Proposal form furnished to the bidder by the Owner or the Engineer is not used or is altered. (2) If there are unauthorized additions or conditional bids. or irregularities of any kind which may tend to make the Proposal incomplete. indefinite, or ambiguous as to its meaning. (3) If the bidder adds any provisions reserving the right to accept or reject any award. or to enter into a contract pursuant fo an award. (4) If the unit or lump sum prices.contalned in the bid schedule are obviously unbalanced either in excess or below the reasonable cost analysis values. (5) It the bidder fails to insert a unit price for every pay item indicated except in the case of authorized alternate pay items. (6) If the bidder fails to complete the Proposal in any other particulars where information is requested so bidder's Proposal may be properly evaluated. B. The Owner reserves the right to reject any or all bids and to waive Irregularities or informalities as may be deemed best and in the Owner's interest. 6. WITHDRAWAL OR REVISION OF PROPOSALS. A. A bidder may, without prejudice to himself, withdraw a proposal after it has been deposited with the Owner. provided the request for such withdrawal is received by the Owner. in writing or by telegram. before the time set for opening proposals. Telephonic communications shall not be accepted. After opening of bids, no proposal may be withdrawn by the bidder fora period of 30 days oras otherwise specified in the Contract Documents or provided by law. 8. Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled time for opening proposals. provided such telegraphic communication is received by the Owner prior to the opening of proposals. and. provided further. the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the opening of proposals.'The telegraphic communication should not reveal the bid price but should provide the addition -or subtraction or other. inoddication so that the final prices or terms shalt not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days after the scheduled time for opening proposals, no consideration will be given to' the telegraphic modification. 7. CORPORATE BIDDERS. • Corporate bidders to be eligible to enter into the Contract with the Owner shall be qualified to do business in the State where the Work will be performed. Bidders shall comply with all applicable licensing requirements. Foreign corporations which have not domesticated or otherwise become licensed in the Statewhere Work will be performed shall obtain a permit to do business in such State pursuant to that State's requirements. 8. INTERPRETATIONS. If a bidder intends to submit a bid for Work and is in doubt as to the true meaning of any part of the proposed Contract Documents. he may submit to the Engineer a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt and actual delivery. Any interpretation of such documents will be made by addendum duly issued. and 3 Issue 11 /88 a copy of such addendum will be mailed or delivered to each bidder receiving a set of such documents. Neither the Engineer. nor the Owner will be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner. 9. PRE- QUALIFICATION OF BIDDERS, MACHINERY AND EQUIPMENT. .104' A A. The Owner reserves the right to request a financial statement. together with a statement of past experience. personnel. machinery and equipment available to perform the proposed Work from any bidder considered for award of a Contract. Failure or refusal to furnish such a statement or statements. or failure to provide a satisfactory statement of financial responsibility shall constitute a basis for disqualifying any bidder. B. The Owner also reserves the right to require evidence of satisfactory operation of any equipment offered and to be incorporated into the Work. 1Q EQUIPMENT STIPULATION. A. COST OF CHANGES. In all Contracts where equipment is furnished. due to the lack of standardization of equipment as produced by the various manufacturers. it may become necessary to make minor modifications in the structures. buildings. piping. mechanical work electrical work accessories, controls. or other work to accommodate the particular equipment offered. The Contrac- tor's bid price for any equipment offered shall include the cost of making any necessary changes as well as the cost of preparing detailed drawings shaving such changes subject to the approval of the Engineer. B. MAJOR EQUIPMENT. The Contractor shall list major equipment on the Proposal form as specified. Cost of major equipment Items listed shall be included in total project base bid. C. ALTERNATE MAJOR EQUIPMENT'. The Contractor shall list and bid major equipment as specified - in the total project base bid. He may offer alternate equipment by manufacturers not listed in the specifications as qualified suppliers. provided: (1) A procedure for major equipment prequalification is not included in the specifications. (2) The alternate equipment will perform the same function. is of comparable quality, substance. design and efficiency. and will fit within the space limitations of the structure. The Engineer shall evaluate the offered alternate equipment and on the basis of his opinion. shall recommend equipment in the best interest of the Owner. (3) The Contractor shall list any alternate equipment offered and show the difference in cost. either as an addition or a deduction to the base bid for that particular equipment alternate. Equipment offered as alternate equipment shall be considered and. if accepted. shall be substituted for the base bid equipment price for determining both the successful bidder and the Contract price. Any alternate equipment offered shall be accompanied by the detailed drawings and specifications. showing all changes in the structures. buildings, piping. mechanical work, electrical work accessories. controls. or other work. necessary to accommodate the equipment as well as drawings. specifications. operating data, and complete criteria of the equipment which is offered as an alternate. D. OTHER EQUIPMENT. See "Or Approved Equal" Clause. 11. SUBSTITUTIONS, OR APPROVED EQUAL" CLAUSE A. Whenever the Contract Documents call for an article or an item of material or equipment which is not listed as Major Equipment and which is defined by describing a proprietary product. or by using the name of a manufacturer. vendor. trade name. catalogue number. or other reference. the term Of approved equal ". If not inserted. shall be implied. The specific articles. materials. or equipment mentioned shall be understood as Inchnating the type. function. minimum standard of design. efficiency, and quality desired, and shall not be construed in sut.h a manner as to exclude products of comparable substance. quality. design. function. and efficiency. The Contractor shall comply with the requirements of the Contract Documents relative to approval of material and equipment before incorporation into the Work. 8. The Contractor may request approval of substitute articles. materials or equipment. The Engineer shall evaluate the articles, materials and equipment offered and. on the basis of his opinion. shall make recommendations pertaining thereto in the best interest of the Owner. In the event of approval a written Addendum or Change Order. as appropriate. will be issued. 12. RETURN OF BID SECURITY. Bid security of the lowest two or more bidders may be retained until the Contract is executed or rejection made by the Owner. Other bid security will be returned only after the canvass and tabulation of bids is completed. 13. REJECTION OF BIDS. The Owner reserves the right to reject any bidder d investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations and to complete the Work contemplated by Contract Documents. Any or all bids will be rejected if there is reason to believe that collusion exists among the bidders. 14. AWARD. The Owner will proceed without unnecessary delay to consider the Proposals and reserves the right to reject any or all Proposals. to pass upon the regularity or waive•any irregularity or informality of the bidders and the acceptability of the Surety offered. Date of award is date of formal Owner - decision to award the Contract to the selected bidder. pr 15. CONTRACT SECURITY. x A. Coincident with the execution of the Contract. the Contractor shall furnish a surety bond (form attached) in an amount at least equal to 100% of the Contract Price as security for the following: (1) The faithful performance of the Contract and the terms. conditions and stipulations contained therein: (2) To indemnify and hold the Owner and Engineer harmless; (3) Payment of all laborers and mechanics for labor performed: (4) Payment for all materials and equipment furnished and for all materials and equipment used or rented in the performance of the Contract and , (5) Maintenance of said Work or improvements in Good Repair 101 minimum period of one (1) year. unless a longer period is otherwise specified in the Contract Documents, or required by law, from the date of final acceptance of the Work by the Owner. B. The Surety on such bond shall be satisfactory to the Owner and shall be a duly authorized surety company listed on the Treasury Department's most current (st (Circular 570 as amended) licensed to do business in the State where the Work will be performed. 16. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. A The Contractor shall not commence Work under the Contract until he has obtained at his expense all insurance required by the Contract Documents. and such Insurance has been approved by the Owner; nor shall the Contractor alloy any Subcontractor to commence Work on any Subcontract until the same insurance requiremenis have been complied with by 4 Issue 11/88 each Subcontractor. Such insurance shall remain in full force and effect on all phases of the Work. whether or not the Work is occupied or utilized by the Owner. until all Work under the Contract is completed and has been accepted by the Owner. Any insurance endorsements necessary to 'permit prior occupancy or use of any completed or pamally completed portions of the Work by the Owner shall be secured by the Contractor. B. Nothing contained in the insurance requirements shall be construed as limiting the extent of the Contractor's responsi- bility for payment of damages resulting from his operations under the Contract. Contractor agrees that he alone shall be completely responsible for procuring and maintaining: full insurance coverage as provided herein or as may be otherwise required by the Contract Documents. Any approval by the Owner or Engineer shall not operate to the contrary. C. Any insurance bearing on adequacy of performance shall be maintained after completion of the Project for the full maintenance period 11 The Contractor shall procure and shall maintain for the period of the Contract the following types of insurance in the form. minimum limits and amounts herein specified or as may be otherwise required by the Contract Documents. Any deduct- ibles associated with such insurance shall be solely for the account of and the responsibility of the Contractor. (1) WORKMEN'S COMPENSATION INCLUDING OCCUPA- TIONAL DISEASE. AND EMPLOYER'S LIABILITY INSU- RANCE. The Contractor shall maintain during the life of his Contract Statutory Workmen s Compensation Insurance and Occupational Disease Disability Insurance in strict accordance with requirements of the most current and applicable State Workmen's Compensation Insurance Laws for all of his employees to be engaged in Work under his Contract. and to case any Work is sublet, the Contractor shall require each Subcontractor similarly to provide Workmen's Compensation and Occupational Disease Disability Insurance for the latters employees engaged in such Work unless such employees are covered by the protection afforded by the Contractors Insurance. In case any class of employees engaged in hazardous Work under his Contract is not protected under the Workmen's Compensation Statute. the Contractor shall provide, and shall cause each Subcontractor to provide. adequate Employers Uability Insurance for the protection of his employees not otherwise protected. (2) PUBUC UABILI'1Y AND PROPERTY DAMAGE INSURANCE. (Note - Indemnity' clause hereinafter). The Contractor shall procure and shall maintain during the life of his Contract full Commercial General Uability Insurance coverage. This coverage shall provide protection from claims for damages for personal injury and bodily injury, including in part sickness. disease. or death and from claims for damages to property, which may arise directly or indirectly out of. or in connection with, the performance of Work under the Contract by the Contractor, or by any of his Subcontractors. or by anyone directly or indirectly employed by either of them. or under the control of either of them. and the minimum amount of such insurance shall be as follows unless higher minimum amounts are otherwise required by the Contract Documents: a. - Public Uability and Property Damage Insurance in an amount not less than One Million ($1.004000) Dollars per occurrence for damages arising out of personal injury. property damage. and bodily injury. including in part: sickness, disease. or death and subject to an annual aggregate limit of Two Million (52.000.000) Dollars. The aggregate limit is to apply on a per job basis. b. The Property Damage portion of this coverage shall not exclude coverage for explosion, collapse, and underground exposures. In addition, where Completed Operation Insurance coverage is applicable. such coverage shall be maintained after completion and acceptance of the Project for the full maintenance period. (3) AUTOMOBILE LIABILITY AND PROPERTY DAMAGE INSU- RANCE. The Contractor shall procure and shall maintain during the life of his Contract. Comprehensive Automobile Liability and Property Damage Insurance coverage on all self - propelled vehicles used in connection with the Contract. whether owned. non - awned. or hired. The liability limits shall be not less than One Million (81.000.000) Dollars for injury or death of one person and in an amount not less than One Million (81.00Q000) Dollars in any one occurrence: and Property Damage limits of not less than One Million (S1,00(1000) Dollars in any one occurrence. or One Million (81.000.000) Dollars combined single limit. (4) OWNER'S PROTECTIVE LIABILITY POLICY. The Contractor shall. at his expense. provide the Owner with an Owner's Protective Liability Policy naming the Owner as the named insured. with the Engineer. and each of their officers. agents and employees as additional insureds under that policy. said policy to protect said parties from claims which may arise from operations under the Contract. This coverage shall be in the same company which provides the Contractors liability insurance coverage. and in the same minimum amounts. (5) CONTRACTUAL UABILITY COVERAGE. Each and every policy for liability insurance carried by each Contractor and Subcontractor will include coverage for liability assumed under contract sufficiently broad to insure the provision titled - Indemnity hereinafter set forth. (6) INDEMNfTY.To the extent permissible by law, the Contractor shall protect. defend. indemnify and save harmless the Owner, the Engineer, and their officers. agents. and employees. from and against suits. actions. claims. losses. liability or damage of any character. and from and against costs and expenses. including in part attorney fees. incidental to the defense of such suits. actions. claims. losses. damages or liability on account of injury. disease. sickness. including death. to any person. or damage to property. including in part• the loss of use resulting therefrom. based upon or allegedly based upon any act. omission or occurrence of the Contractor or his employees. agents, subcontractors or suppliers, or anyone else under the Contractors direction and control, (regardless if caused in part by a party indemnified hereunder), and arising out of. occurring in connection with. resulting from. or caused by the performance or failure of performance of any Work or services called for by the Contract, or from conditions created by the performance or non - performance of said Work or services. - This indemnity shall not extend to liability arising out of the preparation by the Engineer of the design or specifications for the Owner or the giving of written ,directions or instructions by the Engineer as may be required by the Contract Documents. provided the giving of such written instructions or directions is the sole proximate cause of the injury or damage should it occur. (7) BUILDER'S RISK INSURANCE. In addition to such Property Insurance coverage which the Contractor elects to carry for his own protection. he shall procure and shall maintain for the life of the Contract. Builder's Risk Insurance and Installation Floater Insurance coverage. Such coverage should be on a Special Perils (All Risk) basis including theft of building materials upon•the full insurable value of all portions of the Work which is the subject of the Contract and subject to a loss for which these policies give protection. and shall include completed Work and Work in progress. This coverage shall be with an insurance company or companies acceptable to the Owner. Such 5 Issue 11/88 1 1 1 1 1 1 1 1 1 1 1 1 1 coverage may have a deductible Clause but amount of deductible shall not exceed Ten Thousand Dollars (S1Q000.00) providing, the Contractor shall assume and pay such deductible. a. Such insurance shall include as Additional Named Insured: the Owner: the Engineer, and each of their officers, agents. and employees: Subcontractors and Subsubcontractors of the Contractor: and any other party with an insurable interest designated by the Owner as an Additional Named Insured. all as their interests may appear. b An original and a certified copy of the policy of insurance required herein shall be furnished to the Engineer as provided under "Evidence of Insurance Coverage hereinafter. (8) BOILER AND /OR MACHINERY INSURANCE. Boiler and/ or Machinery Insurance. where appropriate and necessary. shall be procured and maintained by the Contractor until the Work has been completed and accepted by the Owner. E. EVIDENCE OF INSURANCE COVERAGE. Before commencement of any Work. the Contractor shall submit written evidence that the minimum insurance required by the Contract Documents has been obtained. Such written evidence shall be in the form of a Certificate of Insurance (see attached form) executed by the Contractors insurance carrier shoving such policies in force for the specified period or by furnishing a copy of the actual policy or policies. Each certificate shall contain an endorsement or statement waiving right of cancellation or reduction in coverage unless 60 days prior written notice is given to the Owner by registered or certified mail. (1) The Contractor shall furnish an original and a certified copy of Builders Risk Completed Value Insurance coverage to the Engineer, one copy of which shall`be for the Owner and one copy for the Engineer. (2) An original and a certified copy of the Owners Protective ..Liability Policy shall be furnished to the Engineer. one copy of which shall be for the Owner and ono copy for the Engineer. F. WAIVER OF RIGHTS. The Contractor and Owner mutually agree to waive all rights against each other and against the Engineer for damages caused by fire and other perilsto the extent covered by Builders Risk Insurance as required herein. The Contractor shall require similar waiver by each of his Subcontractors and Sub - subcontractors. G. Contractor shall automatically renew any policy which expires during the performance of his Contract and notify the Owner and Engineer by appropriate certificate of such renewal prior to expiration date. l DATE OF CONTRACE A formal written Contract will be entered into by the parties and be binding upon the Owner when approved and executed by the Owner. 18. FAILURE TO EXECUTE CONTRACT. Should the successful bidder fail to execute the Contract and furnish I bond or bonds satisfactory to the Owner to validate the same within 10 days after award of Contract. his bid security shall be forfeited to the Owner as liquidated damages. 1 1 I . ASSIGNMENTS. The Contractor shall not assign the whole or any part of the Contract or any monies due or to become due thereunder without the written consent of the Owner and of the Surety on the Contractors bond. A copy of such consent of Surety. together with a copy of the assignment. shall be filed with the Owner and the Engineer. In case the Contractor assigns all or any part of any mqpies due or to become due under the Contract. the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims and hens of all persons. firms and corporations for services rendered: for the payment of all laborers and mechanics for labor performed: for the payment of all materials and equipment furnished and for payment of all materials and equipment used or rented in the performance of the Work called for in the Contract: and for the payment of any liens. claims. or amounts due the federal. State or local governments or any of their funds. 2Q SCHEDULE OF CONSTRUCTION AND COMPLETION. The Contractor shall submit to the Engineer within 10 days after award of Contract. or as may be otherwise requested by the Engineer. a schedule showing the order in which the Contractor proposes to carry on the Work and at a rate sufficient to successfully complete all of the Work set forth in the Contract Documents within the Contract Period. Such schedule shall show the dates at which the Contractor will start and complete the several pans of the Work, the order of construction and delivery dates of critical materials and equipment and the dates for startup and demonstration of the systems. This schedule shall be binding on the Contractor and shall be complied with by the Contractor unless: for good cause shown. a.modification thereof is approved by the Owner and the Engineer. Any request for modification of the schedule shall be made in writing to the Owner through the Engineer for approval. 21. ORDER OF CONSTRUCTION. A. The order of construction as determined by the Contractor will be followed except where the Engineer determines that such order would not be in the best interest of the Owner or the general public: however such right to determine the best interest of the Owner shall not give rise to any duty on the part of Engineer to exercise this right for the benefit of Contractor or any other party. Neither Owner nor Engineer shall be liable for any additional cost incurred by the Contractor as a result of such determination: provided. such determination was not arbitrary or capricious. B. Where the Owners operations require specific sequencing ofv. the Work such sequencing requirements as provided for by= - the Contract Documents shall be followed. 22. COST INFORMATION. Where a Contract is awarded on a lump sum basis. the Contractor shall file with the Engineer a balanced price segregation of his lump sum bid into items similar to the various subdivisions of the general and detailed specifications. the sum of which shall equal the lump sum bid. The cost of various materials shall be furnished upon request of the Engineer. and such data will then be used as a basis for making monthly estimates. When a Contract is awarded on an estimated quantity - unit price basis. the unit price for the Work shall include costs for all labor. mechanics. superintendence. tools. materials. equipment and all utilities. transportation and services necessary to perform and complete said Work and work incidental thereto, in a workmanlike manner. as described in the drawings. specifications and other Contract Documents. Work described in the Contract Documents but not identified in the listing of unit price items shall be considered incidental to unit price work listed and included as a part thereof. together with all Contractor overhead and profit to accomplish the unlisted items. 23. SUBMITTAL OF REQUIRED DOCUMENTS. Contractor shall submit copies of all required documents. No Work shall be commenced until insurance forms. bonds, and related documents. have been executed and approved. No requests for payment shall be made until Schedule of Construction and Completion. Cost Information and Materials and Equipment Lists have been submitted and approved. 24. PROVISIONS REQUIRED BY LAW DEEMED INSERTED... Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein. It for any reason. any such provision is not inserted in the Contract. or is not correctly inserted. then upon application 6 Issue 11/88 of either party. the Contract shall forthwith be physically amended to make such Insertion or correction. 25. DRAWINGS AND SPECIFICATIONS. A. The Engineer will provide the Contractor with up to four sets of Drawings and Specifications after the execution of the Contract. If additional Drawings and Specifications are required. the Contractor shall compensate the Engineer for same. B. When in the opinion of the Engineer. revised partial Drawings and Specifications are required to clarify or reflect authorized changes or additional work. the Engineer will provide two copies of such revisions to Contractor. Additional copies required must be paid for by Contractor. Contractor shall immediately post such revisions to his record set of Contract Documents. C. The Drawings and Specifications are the property of the Engineer. and are furnished to the Owner and Contractor for the construction of Work under the Contract only. O The data given in the Specifications and shown on the Drawings is believed to be accurate but the accuracy is not guaranteed. The Contractor must take all levels, locations, measurements. and verify all dimensions on the job site prior to construction and adapt his Work into the exact construction. Scale measurements taken from Drawings are not considered for more than reference. E. Drawings showing the details of the Work specified are designated "Drawings" or "Plans" and together with the Specifications form an integral part of the Contract Documents. 26. CORRELATION OF DOCUMENTS. A. Drawings. and specifications are cooperative and complemen- tary. Portions of the Work which can best be illustrated by the Drawings may not be included in the Specifications and portions best described by the specifications may not be depicted on the Drawings. All items necessary or incidental to completely construct or erect the Work shall be furnished. whether called for in the Specifications or shown on the Drawings. Anything mentioned in the Specifications and not shown on the Drawings. or anything shown or mentioned on the Drawings and not mentioned in the Specifications. shall be of like effect as if shown or mentioned in both. B. Information or Instructions for Bidders and Special or Supplementary General Conditions shall take priority over General Conditions: large scale Drawings shall take precedence over small scale Drawings. In case of disagreement between the Drawings and Specifications. or within either document itself. the better quality or greater quantity of Work resulting in a greater cost shall be estimated and included in the Bid and Contract Price and the matter drawn to the Engineers attention for decision. 27. REFERENCE TO STANDARD SPECIFICATIONS. Any reference to standard specifications in any of the Contract Documents shall always imply the latest edition of such standard - 'specification or specifications available 'at time Notice inviting Contractors to bid is published unless otherwise indicated. However. no provision of any referenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, or Engineer. or any of their consultants. agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineers consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the pronsions of paragraph 45. 28. REFERENCE POINTS. The Engineer shall provide a baseline and a datum bench mark reference point. If the Contractor. through willfulness or carelessness. removes. causes or allows suet points to be removed before the prosecution of Work requires it, the replacing of such line and elevation points shall be done at the expense of the Contractor A. For building and plant type work the Contractor shall. at his own expense. employ a registered engineer or licensed land surveyor acceptable to the Owner to give to the Contractor lines and elevations for the Contractor's use in constructing the Work. The registered engineer or licensed land surveyor shall furnish to the Engineer. through the Contractor. a signed plat certifying to the location and elevations of the Work indicating ties and closure to the Engineers baseline and datum bench mark. B. For construction other than building and plant type work, the Contractor shall be responsible to set all additional line and grade references for the Work 29. RIGHT -OF -WAY. The Owner shall furnish all land and right -of -way for the performance of the Work required by the Contract Documents. Contractor shall confine his operations to the right -of -way furnished. 30 NOTICE AND SERVICE THEREOF. Where the manner of giving notice is not otherwise provided for in the Contract Documents, any notice to the Contractor from the Owner relative to any part of the Contract shall be in writing and considered delivered and the service thereof completed. when said notice is posted, by certified or registered mail. to the Contractor at the address given in the Contractors proposal. or at the last business address known to him who gives the notice. Or delivered in person to the Contractor or his authorized representative on the site. It is mutually agreed that such notice shall be sufficient and adequate. 31. TAXES. A. The Contractor shall. without additional expense to the Owner. pay all applicable Federal. State and Local taxes of every kind and character. except taxes and assessments on the real property comprising the site of the Project. and such taxes shall be considered incidental and included in the total bid. 1 B. The Contractor shall furnish the Owner with statements , certifying payment of any sales. use or excise tax and such other documents as may be necessary for the Owner to make request for tax refund as provided by applicable law. Five copies of such statements and documents shall be furnished to the Owner before final payment on the Contract is made to the Contractor. or at earlier times if so directed by the Owner. 32. SUBCONTRACTING. A. The Contractor may utilize the services of specialty Subcon- tractors only on those parts of the Work which. under normal contracting practices. are performed by such specialty Subcontractors. B. The Owner reserves the right to, approve Subcontractors for' any Work The Contractor, if requested by the Owner. shall subrgit to the Owner the proposed award and such information as the Owner may require. C. The Contractor shall be as fully responsible to the Owner far' the acts and omissions of his Subcontractors. and of persons either directly or indirectly employed by them. or under their control. as he is for the acts and omissions of persons directly' employed by him. 2 The Contractor shall cause appropriate provisions to be inserted in all Subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors; and to give the Contractor the same power as regards terminating any Subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. E. Nothing contained in the Contract Documents shall create any contractual relationships between any Subcontractor and the Owner or Engineer. 7 Issue 11/813 1 33. SEPARATE CONTRACTS. 38 A The Owner reserves the right to award other contracts in connection with the Owner's Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials. machinery. equipment. supplies. and the execution of their work. and shall properly connect and coordinate his Work with the work of others. r f ' B If any part of the Contractors Work depends upon the work of any other contractor tor proper execution or results. the Contractor shall inspect and promptly report in writing to the Engineer any lack of progress or defects in the other contractors's work that renders it unsuitable for proper execution or results. Failure on the part of the Contractor to so inspect and report shall constitute an acceptance of the other contractors work as fit and proper for the reception of the Contractors Work. C. To insure the proper execution of his subsequent Work. the Contractor shall measure existing work and shall at once report in writing to the Engineer any incepatibility between the existing work and the Work anticipated by the Contract Documents. 34, LAWS, PERMITS, LICENSES, REGULATIONS. A. The Contractor in the execution of the Work shall conform to all applicable Federal and State laws. municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the Work. including in part all construction codes and safety codes which may apply to (1) performance of the Work (2) protection of adjoining and adjacent property: (3) maintenance of passageways. guard fences or other protectwe facilities: and shall obtain and pay for all permits. licenses and approvals necessary for the construction of the Work and give all required notices. B. Contractor shall arrange for all inspections required by Federal. State. Municipal or other authorities having lawful jurisdiction and pay all4ees and costs incurred at no additional expense *to the Owner. 35. OPERATIONS AND STORAGE AREAS. A. All operations of the Contractor (including storage of materials. supplies and equipment) shall be confined to areas authorized by the Owner. The Contractor shall be liable for any and all damages caused by him to such premises. B. The Contractor shall hold and save the Owner. free and harmless from liability of any nature or kind arising from any use. trespass or damage occasioned by his operations on premises of third persons. C. The Contractor shall be wholly responsible for the care and storage of materials, supplies or equipment delivered on the Work site or purchased for use thereon. Stored materials. supplies or equipment shall be carefully and continuously protected from damage or deterioration in accordance with manufacturers recdmmendations and so located so as to facilitate inspection by the Owner or the Engineer. or both. The responsibility for the care and storage of materials. supplies or equipment shall be with the Contractor whether such materials, supplies or equipment are furnished by the Contractor or by the Owner. Storage of materials. supplies or equipment shall not unduly interfere with the progress of the Contractors Work or the work of any other contractor. 36. RIGHT -OF- ENTRY. Contractor shall provide the Owner. Engineer, or representatives of governmental agencies proper facilities for access to the Work wherever it is in preparation or progress. 37. ACCESS AND DRAINAGE The Contractor shall keep a sufficient clear area around fire hydrants to permit their full and effective use. He shall keep natural drainage and water courses unobstructed or provide other equal courses effectively placed. . SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences. properly secluded. for the use of workers during construction. and these conveniences shall be maintained in a manner that will be inoffensive and in compliance with Federal. State and local health and sanitation requirements. . DEBRIS AND CLEANUP PRACTICES. A. The Contractor shall maintain general cleanup practices to keep all streets. alleys. sidewalks. or other premises as free from materials and debris as the character of the Work will permit. and upon completion of any part of the Work. shall. within reasonable time. remove all surplus material and debris. and leave right -of -way and premises in a condition equal to or better than preconstruction condition acceptable to the Owner. unless otherwise specified in the Contract Documents. Under no circumstances shall the Contractor allow any condition to exist which creates a nuisance. fire hazard. dust or an environment injurious to health or safety. or an attraction for children. animals. birds. rodents. during or after construction. B. Failure to comply with this provision. after due and proper notice has.been given by the Owner or his agent. will be sufficient grounds for the Owner to proceed to clean up such material and debris. make repairs, and charge same to the Contractor. who hereby agrees to the provisions as set forth herein 40. SHOP DRAWINGS, SAMPLES, OPERATOR'S INSTRUCTIONS, SERVICE AND PARTS MANUALS. A. The Contractor shall furnish all Shop Drawings and Samples as defined under Paragraph 2. entitled "DEFINmONS" which are required by the Contract Documents. Shop Drawings of equipment and devices offered by the Contractor for review of the Engineer shall be in sufficient detail to adequately show construction and operation. Shop Drawings Submitted as herein provided by the Contractor and reviewed by the Engineer for conformance with the design concept shall be executed in conformity with the Contract Documentstunless otherwise required by the Owner. x z ' Unless otherwise specified the Contractor shall provide a minimum of one reproduceable and one print of all submittal information. B. C. Work performed in connection with the fabrication. manufac- ture, shipment or purchase of material or equipment prior to review as specified shall be at the Contractor's sole risk and responsibility. D. Shop Drawings and Samples shall be accompanied by letter of transmittal which shall give a list of the numbers and dates of the submittal, and shall be in the form required by the Engineer. Contractor shall duplicate this term. Shop Drawings 'shall be complete in every respect and bound in sets. 8. The Contractor shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ample time for checking. correcting, resubmitting and .rechecking and to avoid any delay in progress of the Work F. Shop Drawings or Samples submitted shall be marked with the name of dhe Project, numbered and bear the stamp of approval of the Contractor as evidence that the Shop Drawings and Samples have been reviewed and approved by the Contractor. Any Shop Drawings or Samples submitted without this stamp of approval will not be considered and will be returned to the Contractor for resubmission. If the Shop Drawings or Samples show variation from the requirements of the Contract. the Contractor shall call such variation to the Engineer's attention in his letter of transmittal in order that. if acceptable and Engineer gives written approval to the variation. suitable action may be taken for proper adjustment otherwise the Contractor will not be retrieved of the respon- sibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed. 8 Issue 11/88 G. By approving and submitting Shop Drawings and Samples. the Contractor thereby represents that he has determined and verified all field dimensions and measurements. field construction criteria. materials. catalog numbers and similar data. and that he has reviewed. approved and coordinated such submittals with the requirements of the Work and the Contract Documents. H. 11 a Shop Drawmg or Sample. as submitted. indicates a variation from the Contract requirements as set forth in Subparagraph F above. and the Engineer finds same to be in the interest of the Owner and to be so minor as not to involve a change in the Contract Price or time for performance. he may approve the Shop Drawings or Samples: provided however. such departure is slight in nature and does not affect the design concept of the Work . I. All items of standard equipment shall be the latest model at time of delivery. .1 When Shop Drawings are submitted for the purpose of showing the installation in greater detail. their review shall not excuse the Contractor from requirements shown on the drawings and specifications. • K. Shop Drawings and Sample submittals not conforming completely with the above requirements will be returned to the Contractor, without action. for resubmittal and the resulting delay shall be entirely the responsibility of the Contractor. L The Engineers check and review of Shop Drawings and Samples. specifications and descriptive literature submitted by the Contractor will be only for general conformance with design concept. except as otherwise provided. and shall not be construed as: (1) Permitting any departure from the Contract requirements: (2) Relieving the Contractor of the responsibility for any error in details. dimensions or otherwise that may exist in such submittals: . (3) Constituting a blanket approval of dimensions. quantities. or details of the material or equipment shown; or (4) Approving departures from additional details or instruc- tions previously furnished by the Engineer. Such check or review shall not relieve the Contractor of the full responsibility of meeting all of the requirements of the Contract Documents. M. Bound operators instructions shall be furnished by the Contractor for equipment furnished under the Contract that is specifically listed or that is considered to be of a special or complex nature. Operator's instructions shall include. in part. detailed lubrication drawings shaving type and frequency of lubrication. Detailed parts drawings shall show location. name and catalog numbers of parts. N. Bound service and parts Manuals shall be furnished by the Contractor for all items of standard manufacture. Q Unless otherwise specified. 4 sets of operator's instructions. service and parts manuals shall be provided. P. All operator instructions, service and parts manuals shall be bound in permanent binders satisfactory to the Engineer and shall be furnished to the Owner before final acceptance of the installation by the Owner. 41. DRAWINGS SHOWING CHANGES DURING CONSTRUCTION. Contractor shall post and keep current a complete set of Contract Documents. including all Addenda. Change Orders and pertinent data on the Project site at all times. Throughout the progress of construction, the Contractor shall maintain a careful , up -to -date record of all changes on the Plans and Drawings actual construction. Upon completion of the Work. and prior to acceptance 9 by the Owner, the Contractor shall file with the Engineer one set of complete Drawings with all changes and Contractor's field construction notes neatly and legibly recorded thereon. Such Drawings shall indicate in part the exact routing. if changed from Drawing location. of sewer. water. gas. chemical piping. fuel oil tanks and piping. fire protection piping and any other major buried utility piping. and routing of buried electrical feeder cables and changes to routing of conduit runs which are buried or concealed in concrete slabs. Such information may be used to prepare record Drawings for the Owner. 42. MATERIALS, EQUIPMENT, SUPPUES, SERVICES AND FACILITIES. A. It is understood that. except as otherwise specifically stated in the Contract Documents. the Contractor shall provide and pay for all materials. labor. tools. equipment. supplies. machinery, equipment rental. water, heat. light. fuel. power. transportation. superintendence. temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute. complete and deliver the Work in a workmanlike manner within the specified time. 8. No materials. equipment. or supplies for the Work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 43. WORKMANSHIP,MATERIALS AND EQUIPMENT. A. All Work done and all material and equipment furnished by the Contractor shall be new and unused and strictly conform to the Contract Documents. Competent labor. mechanics and tradesmen shall be used on the Work. Experienced manufac- turers representatives shall be used to supervuse the installation of equipment as may be required by the Engineer. Any special tools or equipment which may be required for the Work shall be provided by the Contractor. B. The acceptance at any time of materials or equipment by or in behalf of the Owner shall not be a bar to future rejection if they are subsequently found to be defective. inferior in quality, or uniformity to the material or equipment specified. or are not as represented to the Engineer or Owner. 44. QUALITY OF MATERIALS. In the absence of detailed Specifications, all materials shall conform to the latest standard of the American Society for Testing Materials available at the time Notice inviting Contractors to bid is published unless otherwise indicated. 46. CONTRAC1DR'S RESPONSIBIL1TV IN PART, UNDER THE CONTRACT DOCUMENTS. • The Contractor agrees that the following are the Contractors responsibility, in part, under the Contract Documents. A. The Contractor shall have charge of and be responsible for the entire Work under the Contract until its completion in a good and workmanlike manner and final acceptance by the Owner. Any imperfect. damaged. destroyed or unfaithful Work included in the Contract Documents shall be corrected before or upon request of the Owner or the Engineer. B. The Contractor shall comply with all Federal. State, County. District and Municipal Laws. Ordinances. Rules, Regulations. Construction Codes and Safety Codes relating to or applicable to the Work and shall furnish certification of compliance at completion of the Work on request of the Engineer or the Owner. C. The Contractor shall perform all Work and furnish all supplies. materials. machinery, equipment, mechanics. tools. plant. works. labor, transportation, superintendence. testing. facilities. services. means. methods. techniques. insurance and utilities. except as otherwise specified in the Contract Documents. necessary or proper to perform and complete all Work required by and in accordance with the Contract Documents. Contractor shall pay all taxes incidental to performing said Work and furnishing such items. Issue 11 /88 D. The Contractor alone shall be completely responsible for: (1) All construction means. methods. techniques. sequences and coordination of all Work and services under the ' Contract Documents. except where specific requirements are set forth in the Contract Documents: (2) All conditions at the Project site. including in part safety 01 011 persons and property; • (3) The supervision. direction and control of all Work and' services under the Contract Documents: and (4) All safety procedures and precautions necessary in connection with the Work and services. E. These responsibilities of the Contractor shall apply continu- ously and shall not be limited to normal working hours. Review of construction by the Owner or the Engineer shall not relieve the Contractor of such responsibilities. F. The Contractor shall furnish, erect. maintain, and remove all construction plant and all temporary works and facilities as may be required to perform the Contract. G. The Contractor alone shall be fully responsible for the safety, efficiency. and adequacy of his plant. works. machinery. equipment. facilities and appliances. and for any damage which may result from their failure or their improper construction. maintenance or operation. 46. UNFAVORABLE WEATHER, During unfavorable weather or cold weather or weather unsuitable • for proper execution of the Work in a first-class manner. all Work affected by such condition must be stopped and properly protected from possible damage. Contractor shall be responsible for the extent and cost of protection of the Work in progress and of completed Work and shall be responsible for the cost of any damage to the ' Work its repair or replacement. 47. SUNDAYS, HOLIDAYS AND OVERTIME Any Work necessary to be performed after regular working hours. on SCI ndays. or Legal Hol idays. shall be performed without additional expense to the Owner unless otherwise provided in the Contract Documents. 48. MUTUAL RESPONSIBILITY OF CONTRACTORS. If. through acts or neglect on the part of the Contractor, any other contractor or subcontractor shall suffer loss or damage to hiswork the Contractor agrees to settle with such other contractor or subcontractor by agreement or arbitration if such other contractor or subcontractor will 50 settle. If such other contractor or subcontractor asserts any claim against the Owner on account of any damage alleged to have been so sustained. the Owner shall notify the Contractor who shall indemnify and save harmless the Owner against such claims and for any costs in connection with such claims. 49. ACCIDENT PREVENTION - EMERGENCY - AUTHORITY TO ACT.. Precaution shall be exercised by the Contractor at all times for the protection of all persons. Work and property at the Project site or adjacent thereto and hazardous conditions shall be guarded against or eliminated. In an emergency affecting the safety of life or property. the Contractor shall in a diligent manner and without special instruction or authorization from the Engineer or Owner, act to prevent such threatened loss. damage or injury. Contractor shall notify the Engineer and the Owner immediately thereafter. Any compensation. claimed by the Contractor on account of emergency work affecting the safety of life or property. other than the Contractors Work or property. shall be determined as provided under the "Claims for Extra Cost" provisions of the Contract subject to the approval of the Owner and Engineer. 50. PROTECTION OF WORK. The Contractor. at no additional expense to Owner. shall at all times safely guard and protect the Work and all material, equipfent, etc.. to be incorporated into the Work provide. erect and maintain suitable barriers around all excavations or obstructions to prevent accidents: and provide. place and maintain during the night. sufficient lights. signals and signs for this purpose on or near the Work. The Contractor shall at all times. until its completion and final acceptance. protect his Work apparatus, equipment and material from accidental or any other damage including in part. damage by weather: and make good any damages thus occurring at no additional cost to the Owner. 51. PROTECTION OF PROPERTY. A. The Contractor. at no additional expense to the Owner. shall at all times (1) safely guard the Owner's property and abutting or adjacent property from injury, loss or damage in connection with the Work (2) protect by false work braces, shoring or other effective means. all buildings. foundations. walls. fences and other property along his line of Work or affected directly by his Work including. but not limited to the Owner's property. against damage: (3) corer or otherwise protect stockpiles of materials to avoid damage to any property from such materials; (4) repair. replace or make good any such damage. loss or injury. unless such is caused directly by the Owner or his duly authorized representatives. B. The Contractor shalt exercise care to protect from injury all water and sewer pipe lines. gas mains. telephone cables. electric cables. service pipes. and other utilities or fixtures which may be encountered during the progress of the Work All utilities and other service facilities or fixtures if damaged. shall be repaired by the Contractor without additional compensation. C. The Contractor shall personally check and verify utility information on the Drawings. Where existing utilities or structures are shown on the Drawings. they are believed to be accurate but are not guaranteed to be such or that these are the only utilities or structures in the construction area. Protection is the sole responsibility of the Contractor and he must satisfy himself as to the existence and location of all utilities and structures. D. The Contractor shall give written nonce at least 48 hours before breaking ground. to all persons. superintendents. inspectors. or those otherwise in charge of property, streets. water. gas. or sewer pipes, telephone or electrical cables. railroads or otherwise, who may be affected by the Contractors operation. in order that they may remove any obstruction for which they are responsible and have a representative on the Project site to see that their property is properly protected. 52. PROTECTION OF PERSONS. A. The Contractor shall: (1) At all times protect the lives and health of his employees under the Contract (2) Take all necessary precautions to prevent accidents or injury and to insure the safety of all persons on. about. adjacent to or in the vicinity of the Project site: (3) Comply with all applicable provisions of Federal. State and - Municipal safety and health laws. building codes: and safety and health recommendations of Trade Associations. (4) Erect and properly maintain at all times, as required by the conditions and progress of the Work all necessary safeguards for the protection of persons and shall post danger signs warning against the hazards created m part by features of construction such as protruding nails. rod hoists. well holes. elevator hatchways. scaffolding. window openings. stairways and falling materials. (5) Designate a responsible member of his organization on the Work site whose duty shall be the prevention of accidents. (6) Provide scaffolding. ladders, or other safeguards for the protection of those having Right -of -Entry during field review and observation of the Work. 10 Issue 11/88 B. Contractor shall comply with all provisions of the 'Williams - Steiger Occupational Safety and Health Act of 1970'. including any amendments thereto and rules and regulations issued pursuant thereto. applicable to the Work and performance of the Contract. Where a State in which Work is performed has passed legislation bearing on Occupational Safety and Health, such legislation and amendments thereta together with rules and regulations issued pursuant thereto shall be complied with by the Contractor. 53. USE OF EXPLOSNES, DRIVING OR REMOVAL OF PILES, WRECKING, EXCAVATION WORK OR OTHER SIMILAR AND POTENTIALLY DANGEROUS WORK. A. When the use of explosives, driving or removal of piles wrecking. excavation work or other similarly potentially dangerous work is necessary for the prosecution of the Work. the Contractor shall exercise the utmost care so as not to endanger life or property. The Contractor shall be fully responsible for any and all damages. claims and for the defense of any actions against the Owner resulting from the prosecution of such work. B. The Contractor shall notify each public utdity company or other owner of property having structures or improvements in proximity to the site of the Work of his intent to perform potentially dangerous work. Such notice shall be given sufficiently in advance to enable the companies or other owners of property to take such steps as they may deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of responsibility for any damages. claims or the defense of any actions against the Owner resulting from the performance of such work. C. All explosives shall be stored in a secure manner and all storage places shall be marked clearly - EXPLOSIVES -KEEP OFF-. and shall be in the care of competent watchmen at all times. 54. PATENTS, COPYRIGHTS AND ROYALTIES. A. The Contractor shall protect, defend. indemnify and save harmless the Owner, the Engineer: and each of their officers. agents. and employees. from liability of any nature or kind. including cost and expenses for. or on account of. any patented or unpatented invention. process. article. or appliance manufactured or used in the performance of the Contract. including its use by the Owner. or the Owners officers. agents. or employees. unless otherwise specifically stipulated in the Contract Documents. B. If the Contractor uses any design. device or materials covered by letters patent or copyright. he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design. device or material. It is mutually agreed and understood. that. without exception. the Contract Prices shall include all royalties or costs arising from the use of such design, device or materials. in any way involved in the Work The Contractor and his Surety shall indemnify and save harmless the Owner of the Work from any and all claims for infringement by reason of the use of such patented or copyrighted design. device or materials or any trademark or copyright in connection with the Work and shall indemnify the Owner for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the Work or after completion of the Work. C. The Contractor shall pay all royalty and license fees. 55. CONTRACTOR'S EMPLOYEES. A. The Contractor shall provide and maintain. continually on the Project site of the Work during its progress. adequate and competent superintendence of all operations for and in connection with the Work. The Contractor shall provide' a capable superintendent acceptable to the Owner. Such superintendent shall be able to read. write and speak English fluently and shall be authorized to receive instructions from the Engineer. Said superintendent shall Mare authority to see that the Work is carried out in accordance with the Contract Documents and in a first class. thorough and workmanlike manner in every respect. B. Incompetent. disorderly. intemperate or incorrigible employees, shall be dismissed by the Contractor or his representative when requested by the Engineer or the Owner. and such persons shall not again be permitted to return to the Work without the written consent of the Owner C. The Contractor agrees to indemnify and hold the Owner harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction and performance of the Contract. D. The Contractor shall provide at the request of the Owner such reasonable information about his employees as may be necessary, including in part. name. address and social security number. 56. LIQUIDATED DAMAGES - TIME AN ESSENTIAL ELEMENT. A. It is mutually understood and agreed by and between the parties to the Contract that in the execution of the same. time is an essential element of the Contract. and it is important that the Work be pressed vigorously to completion. B. The Contractor agrees that said Work shall be prosecuted regularly, diligently. and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed. by and between the Contractor and the Owner. that the time for the completion of the Work set forth in the Contract Documents is a reasonable time for delivery of equipment and materials and completion of the Work as specified. C. The time of commencement and completion of the Work fixed by the Owner and set forth in the Contract Documents will determine and be known as the - Contract Period - . D. If Contractor shall neglect. fail or refuse to complete the Work within the Contract Period. then for each calendar day that arty Work shall remain uncompleted after the end of the Contract Period, the amount per calendar day specified in the Proposal form will be assessed by the Owner, not as a penalty, but as a predetermined and agreed liquidated damage. E. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would sustain in the event the Work is not completed within the Contract Period. F. Extensions of time granted by the Owner in' accordance with the provisions of ''Extension of Contract Period shall not waive liquidated damages unless such extensions granted by the Owner specificallyprorideforthewaiving of liquidated damages during and over such period of time extension. Due account however will be taken of any adjustment in the Contract Period when the Owner determines that the cause for such adjustment is unforeseeable. beyond the control of. and without the fault or neglect of the Contractor. G. The Owner shall have the right to deduct said liquidated damages from any money in the Owners hands. otherwise due. or to become due. to said Contractor, and to sue for and recover any additional compensation for damages for non- performance of the Contract at the time stipulated and provided for in the Contract Documents. H. The assessment of liquidated damages for failure to complete the Work within the Contract Period shall not constitute a waiver of the Owners right to collect any additional damages which the Owner may sustain by failure of the Contractor to carry out the terms of his Contract. 57. RIGHTS OF VARIOUS INTERESTS. Whenever Work is done by the Owner's employees or by other contractors which is conbnguous to Work included in the Contract Documents. the respective rights of the various interests involved 11 Issue 11 /88 shall be established by the Engineer to secure the completion of the various portions of the Work in general harmony. 58. TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have authority to recommend that the Owner suspend the Work wholly or in part. for such period or periods of time as the Engineer may deem necessary due to unsuitable weather or such other conditions considered unfavorable for the suitable prosecution of the Work. including in part failure of the Contractor to supply labor. materials or equipment meeting the requirements of the Contract Documents: or failure to carry out instructions or to perform provisions of the Contract Documents` considered favorable for the orderly or suitable prosecution of the Work. The right to recommend suspension of the Work however, shall not give rise to any duty on the part of Engineer to exercise this right for the benefit of Contractor or any other party. During periods of suspension, the Contractor shall properly protect the Work from possible Injury. 59. USE OR OCCUPANCY OF COMPLETED PORTIONS. A. The Owner shall have the right to take possession of. use or occupy any completed or partially completed portions of the Work notwithstanding the time for completing the entire Work or any portions may or may not. have expired. Such taking possession. use or occupancy shall not be deemed an acceptance of any Work until all Work has been completed in accordance with the Contract Documents. If such prior use or occupancy occurs during the Contract Period and increases the cost of. or delays the Work the Contractor will be granted such extra compensation or extension of time. or both. as the Engineer may recommend. subject to the approval of the Owner. 8. Consent of Surety and endorsement from the insurance carrier or carriers permitting prior occupancy or use of any completed or partially completed portions of the Work by the Owner shall be secured by the Contractor. Contractor and his Surety hereby agree that such consent shall not be unduly withheld. 60 AUTHORITY OF ENGINEER. A. The Engineer, through its duly authorized representatives. shall furnish engineering or architectural services during construc- tion of the Work as an agent of the Owner to the extent provided in the Contract Documents. He shall observe and review the Work in the process of construction or erection. Compliance with the Contract Documents shall be the Contractor's responsibility notwithstanding such observation or review. The Engineer has authority to recommend suspension of the Work by the Owner when it appears such suspension may be necessary to accomplish the proper implementation of the intent of the Contract Documents. The authority to observe. review or recommend suspension of the Work or exercise such other authority as may be granted by the Contract Documents. shall not be construed or interpreted to mean supervision of construction, which is the Contractor's responsibility, nor make the Engineer responsible for providing a safe place for the performance of Work by the Contractor or by the Contractor's employees, or those of suppliers or Subcontractors. or for access. visits. use. work travel. or occupancy by any other person. The Engineer shall also have the authority to reject any Work materials. or equipment which do not conform to the Contract Documents and to decide technical questions which arise in the execution of the Work. B. The Engineer shall determine the amount. quality. acceptability. and fitness of the several kinds of Work materials, equipment and supplies which are to be paid for under the Contract and shall decide questions which may arise in relation to said Work and its compliance with the Contract Documents. The Engineer's estimates and decisions shall be final and conclusive. except as otherwise expressly provided. In case any question shall arise between the parties to the Contract relative to the Contract Documents. the determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for Work under the Contract affected in any manner or to any extent by such question. C. The Engineer shall decide the meaning and intent of any portion of the Contract Documents where the same may be found obscure or be in dispute 61. DECISIONS OF ENGINEER. The Engineer, through its duly authorized representatives, shall within a reasonable time after presentation. make decisions in writing on claims between the Contractor and Owner. 62. PERSONAL UABILITY OF ENGINEER. 'In out any of the provisions of the Contract or in exercising any power or authority granted thereby. there shall be no liability upon the Engineer or its duly authorized representatives. either personally or as an official of the Owner. it being understood that in such matters they act as agents and representatives of the Owner. 63. AUTHORITY AND DUTIES OF ENGINEER'S FIELD REPRESENTATIVES. A. Field representatives of the Engineer may be stationed on the Project site to report to the Engineer as to the progress of the Work the manner in which it is being performed. and also to report whenever it appears that material furnished and Work performed by the Contractor fail to fulfill the requirements of the Contract Documents. The representative may direct the attention of the Contractor to such failure or infringement but such construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction in a safe and satisfactory manner in every particular. B. In case any dispute arises between the Engineer's field representative and the Contractor. as to materials furnished or the satisfactory performance of the Work. the representative shall have the authority to reject materials or recommend suspension of the Work by the Owner until the question and issue can be referred to and decided by the Engineer. Such authority, however. shallmot give rise to any duty on the part of Engineers field representative to exercise this right for the benefit of Contractor or ally other party. Field representatives are not authorized to revoke. alter. enlarge. relax or release any requirements of theeContract Documents nor to issue instructions contrary to the Contract Documents. Field representatives shall in no case act as foremen. superintend- ents. or perform other duties for the Contractor or interfere with the management of the Work by the Contractor. C. All condemned Work shall be promptly taken out and replaced by satisfactory Work and all condemned materials shall be promptly removed from the vicinity of the Work. Should the • Contractor fail or refuse to comply with instructions in this respect the Owner may withhold payment. proceed to declare the Contract in default. or both. D Re - examination of questioned Work may be ordered by the Engineer with prior written consent of the Owner. and if so ordered. the Work must be uncovered by the Contractor. If such Work was performed in accordance with the Contract Documents. the Owner shall pay the cost of re- examination and replacement. If such Work was not performed in accordance with the Contract Documents, the Contractor shall pay such cost. unless he shall prove that defect in the Work was caused by others than the Contractor or his Subcontractors or anyone else under the Contractors direction and control. and in the event the Owner is at fault. the Owner shall pay such cost. E. Any defective materials or workmanship may be rejected by the Engineer at any time before the final acceptance of the Work. even though the same may have been previously overlooked and estimated for payment. 64. CHANGED OR EXTRA WORK. • A. The Owner. through a Change Order prepared by the Engineer. reserves the right at any time during the progress of the Work to make necessary alterations of, deviations from. additions to or deletions from the Contract. or may require the performance of extra Work not covered by the Contract Documents. but 12 Issue 11/88 forming a part of the Work contracted for: provided however. the Contractor shall not proceed with any such Changed or Extra Work without a Change Order The nature and extent of the proposed Changed or Extra Work shall be defined in writing with a Change Proposal Request (CPR) by the Engineer and submitted with a written request to the Contractor to indicate any change in construction contract cost or time for the proposed Changed or Extra Work The Contractor shall return the Change Proposal Request (CPR) to the Engineer with a detailed cost breakdown The Engineer may then submit the Change Proposal Request (CPR) to the Owner with a recommendation regarding acceptance. If the Owner accepts the Change Proposal Request (CPR). the Engineer will notify the Contractor and prepare a written Change Order. If the Owner does not accept the Change Proposal Request (CPR). the Engineer will notify the Contractor and the proposed Changed or Extra Work shall not be done. The Change Proposal Request (CPR) is not a CHANGE ORDER and work is not authorized until a formal CHANGE ORDER has been executed by the Owner. Changed or Extra Work shall in no way invalidate the Contract or the Contractor's bond. but the difference in cost shall be added to or deducted from the amount of the Contract. as the case may be. Adjustments. if any. in the amounts to be paid to the Contractor by reason of any such Changed or Extra Work shall be determined by one of the following methods in the order as listed: (1) MethodA Unit prices contained in the Contractor's Proposal for the same type or class of Work. (2) Method B By an acceptable unit price proposal from the Contractor. (3) Method C By an acceptable lump sum price proposal from the Contractor. (4) Method D If neither Method B nor C can be agreed upon before the Changed or Extra Work is started. then the Contractor shall be paid the "actual field cost" of the Work plus 15 percent. B. Whenever any Changed or Extra Work is to be done. for which unit prices for the same type or class of Work are contained in the Contract Documents. such Work shall be done and wail be measured and paid for pursuant to "Method A" hereinabwe set forth and the applicable portion of the Contract Documents. C. Methods 8 and C shall include an itemized cost breakdown for the material and labor involved. and a maximum of 15 percent for overhead and profit shall be allocated to the Contractor or Subcontractor which actually performs the Work. In determining the amount payable to the Contractor an additional 5 percent may be added to the amount payable to a Subcontractor if the Subcontractor actually performed the Work but no "pyramiding" or additional percentage will be authorized for any Work done by a Sub - subcontractor. D. Resort will not be had. in any case. to Method 0 until negotiation has been entered into by the pames hereto under Methods B. or C as hereinabove set forth. E. When any change or extra Work is performed under Method D. the term "actual field cost" of such change or extra Work is hereby defined to be and shall include: (1) The actual payroll cost of all workers such as foremen, equipment operators. mechanics. and laborers. for the time spent actually performing the change or extraWork. (2) All materials and supplies incorporated in the Changed or Extra Work (3) All machinery and equipment for the time actually employed or used in the performance of the Changed or Extra Work based on the appropriate State Department of Highways Equipment Schedule in force at the date of the Change Order. (4) Any transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said Changed or Extra Work but which is not already on the site. (5) All power. fuel. lubricants. water. and similar operating expenses as well as other expendable materials. (6) All incidental expenses incurred as a direct result of such Changed or Extra Work including payroll taxes and a prorate portion of premium on the Performance. Payment and Maintenance Bond. and. where the premiums therefore are based on payroll costs, on Public Liability and Property Damage Insurance, Workmen's Compensation Insurance. and Occupational Disease Disability Insurance. Builder's Risk and other insurance required by the Contract. (7) No repairs, replacements or other forms of overhead expense shall be included in "actual field costs ". F. The Engineer may direct the form in which the accounts of the actual field costs shall be kept and may also specify in writing. before the Work commences. the method of doing the Work and the type and kind of machinery and equipment. if required. which shall be used in the performance of any Changed or Extra Work under Method D. In the event that machinery and heavy construction equipment are required for such Changed or Extra Work the authorization and basis of payment for the use thereof shall be stipulated in the Change Order. G. The 15 percent of the "actual field cost" to be paid to the Contractor or Subcontractor. as applicable, shall cover and be full compensation for the profits, overhead, general superin- tendence. and field office expense. and all other elements of cost not embraced within the "actual field cost" as herein defined. In determining the amount payable to the Contractor an additional 5 percent may be added to the amount payable to a Subcontractor if the Subcontractor actually performed the Work but no "pyramiding" or additional percentage will be authorized for any Work done by Sub - subcontractors. H. Daily reconciliation of materials and labor shall be made and signed by the Engineer and the Contractor's Superintendent. 1. No claim for any Changed or Extra Work of any kind will be allowed unless the Work is ordered and approved by a Change Order. 1 No anticipated profits will be allowed for Work deleted. K. The Contractor 'shall furnish satisfactory bills. payrolls and vouchers covering all items of cost and when requested by the Owner. give the Owner access to accounts relating thereto. L Any Changed or Extra Work may be ordered by the Owner through the Engineer by means of a Change Order without invalidating the Contract and shall be considered a part of the Contract. subject to all of its terms. conditions. stipulations. review. guarantees, and tests. and may be performed without notice to the Surety on the Contractor's bond. The Contractor and Surety hereby agree to these provisions. • M. The Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time. which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner. and also on Contractor who shall perform the change promptly. If Contractor believes that a Field 13 Issue 11/88 Order justifies an increase in the Contract Price or Contract Time. Contractor shall make a claim under "Claims for Extra Cost" before doing the Work 65. CLAIMS FOR EXTRA COST. A In case any instructions. either oral or written, appear to the Contractor to involve a Changed or Extra Work for which. In his opinion. he should receive extra compensation. he shall make a written request to the Engineer for a Change Order authorizing such change or extra Work. Should a difference of opinion arise as to what does or does not constitute a change or extra Work. or concerning the payment thereof. and the Engineer requires its performance under the Contract Documents. the Contractor shall proceed with the Work after presenting written notice of claim for extra cost to the Owner through the Engineer and shall keep an accurate account of the "actual field cosC thereof as provided for in Method D under Changed or Extra Work. The Contractor will thereby not waive any right he might have to compensation for the claimed extra cost in connection with a change or extra Work. The matter will be submitted to the Owner for final determination as to whether or not a change or extra Work was involved. and if so. the amount due to the Contractor. B. Any claims for extra cost pursuant to this section. together with supporting documents and receipts. must be filed with the Engineer within 15 consecutive calendar days after performing the Work for which extra cost is claimed. The Owner shall have the right to reject any claim for extra cost if the foregoing procedure is not followed. C. In giving verbal instructions, the Engineer shall have authority to make minor changes that do not involve extra cost or time 67. of performance and are not inconsistent with the design concept and purposes of the contracted Work: but otherwise. except in an emergency endangering life or property, no change or extra Work shall be performed without a Change Order approved by the Engineer and the Owner, and no claim for extra cost shall bevalid unless so approved. except as otherwise 68. provided herein. 66. EXTENSION.OF CONTRACT PERIOD. A. The Contractor expressly covenants and agrees that in undertaking to complete the Work within the Contract Period fixed in the Contract Documents. he has taken into consid- eration and made allowances for all delays and hindrances incidental to such Work whether growing out of delays in securing materials or workers. or otherwise. B. Should the Contractor be delayed in the prosecution and completion of the Work by any cause beyond his control. he • shall have no claim or right of action for damages from the Owner for any such cause or delay, unless the cause or delay is the result of fraud or active interference by the Owner. The Contractor will in such case be granted an extension of the time specified for completion of the Work as the Owner may award in wnting on account of such delay provided. however. that claim for such extension of time is made by the Contractor to the Owner, through the Engineer. in writing, within 10 consecutive calendar days from, the time when the alleged cause for delay arises. The Owner reserves the right to withhold granting of any time extension until the stipulated Contract Period is about to expire. C. The Owner. at the Owners sole discretion. may waive the above requirements and grant extensions of time for any reason or reasons the Owner deems valid. D Time extensions. however. will not be granted for rain. wind. flood or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining extent of delay anributable..to unusual weather phenomena. a determination shall be made by comparing the weather for at least any continuous one -fourth of the Contract Period involved with the average of the preceding 5 year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. E An extension of the Contract Period may be granted by the Owner for any of the following reasons. (1) Additional Work resulting from a modification of the Contract Documents for the Project. (2) Any preference. priority or allocation order duly issued by the Government (3) Unforeseeable cause beyond the control and without the fault or negligence of the Contractor. including, but not restricted to acts of God which are unusual weather 8 'f` phenomena, or acts of the public enemy, acts of the Owner. acts of another contractor in the performance of a contract with the Owner. fires. epidemics. quarantine restrictions. industry -wide strikes, freight embargoes. and severe weather as provided above. F. (4) Delays of a Contractor's Subcontractors or suppliers occasioned by any of the causes specified in (2) and (3) hereof. Provided. however. the Contractor shall notify the Owner through the Engineer of the alleged cause of such delay as hereinbefore required. The Owner shall ascertain the facts and the extent of the delay with the assistance of the Engineer. G. No extension of the Contract Period will be allowed for variation between Contract quantities and actual quantities which cannot be predetermined and which amount is more or less than 25% of the Contract quantities. CERTIFICATES, WARRANTIES, AND GUARANTEES. Contractor shall provide a minimum of 6 copies of any warranty. guaranty or certificate as may be required by the Contract Documents to the Owner through the Engineer prior to the acceptance of the Work by the Owner. 3. a ;A CONSTRUCTION REVIEW AND TESTING OF MATERIALS AND EQUIPMENT. A. During the progress of the Work it shall be subject to the review and observation of the Engineer. The Contractor shall afford every reasonable facility and assistance to the Engineer to make such review if any Work is covered up without approval or consent of the Engineer it must. if required by the Engineer. be uncovered for examination at the Contractors expense. B. The fact that the Engineer is on the Project site shall not be taken as an acceptance of the Contractors Work or relieve the Contractor from performing the Work in accordance with the Contract Documents. Contractor shall notify the Engineer upon completion of his Contract. and the Work shall be given final construction review by the Engineer- and any tests and re -tests shall be witnessed by the Engineer. If all parts of the Work are acceptable and substantially complywith the Contract Documents. a recommendation of final acceptance will be made by the Engineer to the Owner. If parts of the Work are not acceptable and require additional Work by the Contractor to complete• the project. necessitating additional review. calculations. or redesign by the Engineer, the cost of such additional reviews. calculations. or redesign including time. travel and lodging, shall be paid for by the Contractor to the Owner who will reimburse the Engineer. The Owner may offset said monies by deducting that amount from the payments due the Contractor. C. Contractor shall submit to the Engineer. at least 7 days in advance of construction and without charge. samples or Specifications of materials he proposes to use and shall not use these materials until he has 'received approval from the Engineer. D. Contractor shall furnish tests and reports on tests of all materials and equipment called for in the Contract Documents. The testing laboratory must be approved by the Owner and the Contractor shall pay the cost of the tests, and necessary retests. 14 Issue 11/88 including all transportation charges and other direct costs unless otherwise provided by the Contract Documents. E All tests and retests. unless otherwise provided. shall be in accordance with the pertinent sections of the latest edition of the Standards applicable to the mt,ienal or devices to be tested A partial list of the principal societies referred to and their abbreviations follow: A A.S.H.T.O A.C.I. Al S C. AN.S I, A.S.H.R A E. A.S.T.M A.W.WA. C.S. I.SA F.S. NEC. NE.MA UL American Association of State Highway and Transportation Officials American Concrete Institute American Institute of Steel Construction American National Standards Institute American Society of Heating. Refrigeration and Air Conditioning Engineers American Society for Testing Materials American Water Works Association Commerical Standards Instrument Society of America Federal Specifications National Electric Code National Electrical Manufacturers Association Underwriters Laboratories Inc. F. All parts of the Work and improvements shall conform to the standards of construction as given in detail under the various items of the Contract Documents. and d they do not conform. shall be made to do so by rebuilding or replacing or otherwise as instructed by the Engineer or Owner. without further cost to the Owner. before acceptance shall be made. G. If aher the commencement of the Work the Engineer determines that any Work requires special inspection. testing, or approval not otherwise provided for. the Engineer will. upon written authorization from the Owner. instruct the Contractor to order such special inspection. testing. or approval. and the Contractor shall give timely notice of its readiness and of the date arranged so the Engineer may observe such inspecting. testing. or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents or with respect to the performance of the Work With laws. ordinances rules. regulations or orders of any public authority having jurisdiction. the Contractor shall bear all costs thereof. including the Engineers additional services made necessary by such failure. H. Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by him to the Engineer. 69. ''GOOD REPAIR" PERIOD. A. The Contractor hereby agrees to keep all Work constructed under the Contract in Good Repair for a minimum period of one (1) year. unless a longer period is otherwise specified in the Contract Documents. from the date of acceptance of the Work by the Owner. No provision of the Contract Documents shall be valid which limits the "Good Repair period to less than one (1) year from the date of acceptance of the Work by the Owner. 8. It is intended that this provision shall apply whether or not bond is required, as a personal obligation of the Contractor. C. The obligations of the Contractor as herein provided shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. 70. REMEDY OF DEFECTS, DETERIORATION OR DEPARTURE FROM STANDARDS. A. It in the opinion of the Owner. a defect exists. or functional Of structural deterioration takes place. or serious departurefrom the standards of original construction exists in the Work or improvements as stated in the definition of "Good Repair. the Owner or the Owners representative shall so notify the Contractor by registered or certified letter mailed to the address given in the Contractor's proposal. or to the Contractor's last business address known to him who gives the notice. and a copy of such notice will be sent to the Surety. It is mutually agreed that such notice shall be sufficient and adequate. If the Contractor shall not proceed to remedy such defects. deficiencies. deterioration or departures as are called to his attention in the notice within 10 consecutive calendar days after mailing of notice. the Owner shall cause the repairs to be made as the Owner deems best. and the entire cost thereof shall be paid by the Contractor or his Surety or deducted from any amounts as are due to the Contractor from the Owner. The Owner may remedy defects or cause repairs to be made in any part of the Work in accordance with this procedure without declaring the Contract in default as stipulated in Paragraphs 81. 82 and 83 or terminating the Contract as provided under Paragraph 80 B. In lieu of remedying defects. deterioration or departure from standards. Owner may choose to accept the defective portion of the Work The Owners acceptance of such defective portion of the Work is expressly conditional on the Contractor providing an adequate reduction in the Contract Price: or if after final acceptance. Contractor providing an adequate cash payment to Owner. 71. VARIATION FROM ESTIMATED QUANTITIES. The Contractor may reasonably expect a variation in estimated quantities such that the total payment for the completed Work may range from 75 to 125 percent of the total amount of the Contract based on the estimated quantities. The Contractor will not be allowed any claims for anticipated profits, for loss of profits. or for any damages because of a difference between the estimate of any item and the amount of the Item actually required or for the elimination of any part of the Work. Funds for construction of the Work herein contemplated are limited. The Owner reserves the right to eliminate or reduce the items of the Proposal or any of the Work as may be required to bring the cost of the Work within the limits of available funds. 72. PROGRESS PAYMENTS. A. Where progress or monthly payments are permissible by law. and provided for by the Contract Documents such payments in the amount indicated in the Contract Documents will be paid unless otherwise provided by law. B. When monthly progress payments are authorized. the Contractor shall submit to the Engineer an itemized application for payment on forms approved by the Engineer, supported by such data substantiating the Contractors right to payment as the Owner or the Engineer may require. If payments are to be authorized on account of materials. supplies and equipment not incorporated in the Work. but delivered and suitably stored at the Project site and necessary for the orderly prosecution of the Work the Contractor shall furnish with his application for payment bills of sale. bills of lading. invoices. or such other evidence as may be appropriate and satisfactory to the Engineer and the Owner that establishes: (1) Actual cost. incluttding transportation to the Project site. of such materials. srlpolies and equipment (2) Title thereof in Owner upon payment (3) Appropriate insurance coverage to protect the Owners interest therein upon payment. D. The Contractor warrants that title to all materials. supplies and equipment covered by an application for payment. whether incorporated in the Work or not. will pass to the Owner, upon receipt of payment by the Contractor. free and clear of all hens. claims. security interests or encumbrances: and that such materials, supplies or equipment furnished or installed comply with the applicable requirements of the Contract Documents. 15 Issue 11/88 E. The passing of title to the Owner as herein provided shall not be construed as relieving the Contractor of the sole and complete responsibility for: (1) The care and protection of the materials. supplies, equipment and Work for which payment has been made (2) The restoration of any damaged or destroyed Work. materials. supplies or equipment. Such responsibility shall continue until all Work under the Contract has been completed by the Contractor and accepted by the Owner F. Under no circumstances shall payment constitute a waiver of the Owner's right to require the Contractor to fulfill all of the terms and conditions of his Contract. _ 73. PAYMENT WITHHELD. A. The Engineer may recommend withholding payment or. on account of subsequently discovered evidence. may nullify the whole or part of any application for payment to such extent as may be necessary to protect the Owner from loss on account of any one or mure of the following (1) Defective Work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor. (3) Failure of the Contractor to make payments properly to Subcontractors or for labor. materials. equipment or for equipment rental. (4) A reasonable doubt that the Contract can be completed for the balance then unpaid. (5) Damage to another Contractor. (6) Failure or refusal by the Contractor to comply with an . instruction of the Engineer within a reasonable time. (7) Unsatisfactory prosecution of the Work (9) Liquidated damages payable by the Contractor. (9) Any other violation of or failure to complywith the provisions of the Contract Documents. B. When the above grounds are removed. payment shall be made for amounts withheld because of them. The right to withhold payment however. shall not preclude the Owner from his right to declare the Contractor in default of his Contract for any of the reasons stipulated under "Contracts in Default. 74. FINAL MEASUREMENTS. Final measurements. on unit price contracts. will be made by the Engineer. and the Contractor shall at his own expense provide help and other assistance as may be required for making same. 75. PAYMENT, USE OR OCCUPANCY OF WORK NOT EVIDENCE OF PERFORMANCE. No progress or final payment. nor any partial or entire use or occupancy of the Work or improvement. nor acceptance thereof. by the Owner shall be evidence of the performance of the Contract or construed to be acceptance of defective Work or improper materials. either wholly or in part. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. 76. ACCEPTANCE AND FINAL PAYMENT. A. As soon as the Work has been substantially and satisfactorily completed. the Engineer will make a finaliestimate and prepare a certificate stating that the Work provided for under the Contract has been completed in substantial compliance with the Contract Documents and is recommended for acceptance by him under the terms and conditions thereof. with stated qualification. if any, and the balance fofind to be due the Contractor according to the terms of payment shall be paid by the Owner within 30 days after the date of the final estimate: provided. however. if any applicable Municipal Ordinance. State. County. District. or Federal law designates the manner of final payment. it shall be followed in lieu of the manner of final payment outlined above. B. Prior to receiving final payment. the Contractor. if and as requested by the Owner or by the Engineer. shall file with the Owner, (1) a receipt showing payment in full. or (2) a waiver of claim and lien. from each Subcontractor. matenalman, supplier. manufacturer and dealer for all labor. equipment and material used or furnished by each on the Work and (3) a complete release of all claims and liens which may have arisen under the Contract. In lieu thereof. the Owner may request and the Contractor shall file statements showing the balance due on all accounts. The manner in which senlement is made by the Owner with the Contractor shall not release the Contractor or his Surety under the payment provisions of his bond 77. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE. A. The acceptance of final payment by the Contractor shall operate as a release to the Owner and to the Engineer of all claims and liens by the Contractor for all Work and services furnished in connection with the Contract and for every act and neglect of the Owner or of the Engineer. and others relating to or arising out of the Work under the Contract. except for claims previously made in writing and still unsettled. B. No payment. final or otherwise. shall operate to release the Contractor or his Surety from any obligations under the Contract or under the Performance. Payment and Maintenance Bond. including, but not limited to any one or more of the following: (1) Obligations arising from or relating to latent defects. (2) Faulty Work or material appearing after any payment. (3) Failure of the construction. materials. equipment or fixtures to perform efficiently in accordance with the requirements of the Contract Documents. (4) Unsettled claims. (5) Claims for non - payment of laborers. mechanics. material - men or suppliers. or for equipment used or rented. (6) Claims under the maintenance requirements provided for by the bond or "Good Repair requirements of the Contract Documents or any special guarantees provided for under the Contract Documents. (7) Claims for any other obligations otherwise prescribed by law. 78. OWNER'S RIGHT TO CORRECT DEFICIENCIES. If the Contractor should neglect to prosecute the Work properly in accordance with the Contract Documents. the Owner. after 10 consecutive calendar days following written notice to the Contractor and his Surety. may without prejudice to any other remedy the Owner may have, and without declaring the Contract in default or terminating the Contract. correct such deficiencies in Work intended to become a permanent part of the Project. and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or his Surety. 79. SUSPENSION OF WORK BY OWNER. The Owner reserves the right to suspend and reinstate execution of the whole or any part of the Work contracted for without invalidating the provisions of the Contract in any 'way. Orders for suspension or reinstatement of the Workwill be issued by the Owner to the Contractor in writing. 16 Issue 11/88 8Ct RIGHT OF OWNER TO TERMINATE CONTRACT. Should it appear at any time that the Work is not being prosecuted with sufficient competence or rapidity to insure the proper completion of the Work within the stipulated time. and, if after 10 consecutive calendar days following written notice to the Contractor and the Surety. he fads to increase the quality or the quantity of his Work. or both. the Owner reserves the right to annul and cancel the Contract and relet the Work or any part thereof. or at the Owner's option to complete it by day labor. The Contractor shall not be entitled to any claims for damages on account of such annulment. and he will be held liable for costs and expenses incurred in reletting or otherwise completing the Work under the Contract. All money due the Contractor will be retained until the Work is completed and all expenses and costs have been deducted and any money due the Owner. alter such deductions have been made. shall be paid by the Contractor or his Surety who hereby agree to these provisions. 8t CONTRACTS IN DEFAULT. The Owner may declare the Contract in default for any one or more of the following reasons as determined by the Owner in his sole discretion A. Failure to complete the Work within the Contract Period or any proper extension thereof granted by the Owner. B. Failure or refusal to comply with an instruction of the Engineer within a reasonable time C. Failure or refusal to remove rejected materials. equipment or supplies. o Failure or refusal to remedy anew any defective or unacceptable Work. E. Bankruptcy or insolvency. or the making of an assignment for the benefit of creditors. - E. Failure to provide a qualified superintendent. or sufficient and competent workers or Subcontractors to carry on the Work in a satisfactory and workmanlike manner: or failure to prosecute the Work in accordance with the agreed schedule of completion. G. Failure to provide proper materials, equipment or supplies. H. Disregard or violation of any important provisions of the Contract Documents as determined by the Engineer. L Disregard of laws. ordinances, rules, regulations or orders of any public body having jurisdiction. or the violation of any construction or safety codes. ffi. PROCEDURE FOR DECLARING CONTRACT IN DEFAULT. The Owner may declare the Contract to default by giving written notice to the Contractor and his Surety to that effect. Said notice shall contain the reason or reasons for default and shall fix a day certain. not Tess than 10 consecutive calendar days after the date of said notice. when the Contract shall be declared in default. unless the Contractor or his Surety remedies the default -to Owners satisfaction or makes satisfactory arrangement with the Owner for its remedy prior to the day certain ffjted m. saidnotice of declaring the Contract in default. The Owner at Is sole option. extend the day certain for declaring the Contract in default without prejudice to the Owners right to thereafter declare the Contract in default. If the Contractor or his Surety fail to remedy the default or to make satisfactory arrangements for its remedy prior to the date set for declaring the Contract in default. or any extension thereof. the Contract shall be declared in default. W. COMPLETION OF CONTRACTS IN DEFAULT. A. If for any reason a Contract is declared in default. the Surety shall have the right to take over and perform the Contract: provided. however. if the Surety does not commence performance thereof within 10 consecutive calendar days after date of notice to the Contractor and his Surety that die Contract has been declared in default. the Owner. without process or B. C. D E. F. G. H. No th 0 c C d be 0 action at law, may take over all or any portion of the Work and complete n at Owner's option. either by reletting or by day labor. for the account and at the expense of the Contractor. Whether the Surety takes over and completes the Contract. or the Owner takes over and completes n by reletting or by day labor. the Contractor and his Surety shall be liable to the Owner for any cost in excess of the original Contract price expended in completing the Work including in part. any direct and indirect costs and professional services. and any liquidated damages stipulated in the Proposal form. together with such other damages which the Owner may suffer on account of the Contractor's nonperformance of his Contract. The Owner may waive such portion of the liquidated damages as may accrue after the Work is in condition for the sate. convenient and beneficial use or occupancy by the Owner for all of the purposes for which it was intended. In the event the Owner takes over the Work and prosecutes the same to completion. either by reletting or by day labor. the Contractor shall peaceably relinquish possession of said Work or the pans thereof specified in the above notice of declared default to the Contractor and his Surety. , The Owner may, at Owner's option and at a rental which is considered reasonable. take possession of and utilize in completing the Work such materials. appliances. equipment, tools, plant, and machinery on the site of the Work and suitable therefore until the Work is complete. All money due the Contractor will be retained until the Work is completed and all expenses and costs have been deducted and any money due the Owner after such deductions or adjustments have been made as herein provided shall be paid by the Contractor or his Surety who hereby agree to all provisions herein. Neither the Owner. Engineer. nor any of their officers. agents or employees shall be in any way liable or accountable to the Contractor or his Surety for the method by which the completion of the said Work or any portion thereof, may be accomplished or for the price paid therefore. Should the cost of Contract completion. including all proper charges. be less than the original Contract Price. the amount so saved shall be paid to the Contractor. The Owner. notwithstanding the method used in completing the Contract. shalt not forfeit the right to recover damages from the Contractor or his Surety for the Contractors failure to timely complete his entire Contract. The Contractor shall not be entitled to any claim for damages on account of the method used by the Owner in completing the Contract. Maintenance of the Work shall continue to be the Contractor's and his Surety's responsibilities as provided for in the bond or "Good Repair" requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescnbed by law. 84. OWNERS REMEDIES CUMULATIVE AND NONWAIVER. right or remedy conferred upon or reserved to the Owner by e Contract shall be considered exclusive of any other remedy r contractual right. but the same shall be distinct. separate and umulative. and shall be in addition to every other remedy existing t law or in equity or by statue: and every remedy given by the ontract to the Owner may be exercised from time to ume as often s the occasion may arise. or as may be deemed expedient. No elay or omission on the part of the Owner to exercise any right r remedy ansing from any default on the part of the Contractor hall impair any such right or remedy or shall be construed to a waiver of any such default or an acquiescence thereto or therwise affect the right of the Owner 10 enforce the same in he event of any subsequent breach or default by the Contractor. 17 Issue 11 /88 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , e 1 1 1 1 00805 -1 01 92620 SECTION 00805 01 02 02 03 SUPPLEMENTARY GENERAL CONDITIONS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 ° 07 08 1.01 MODIFICATIONS TO THE GENERAL CONDITIONS 08 09 09 10 A. In Paragraph 2. DEFINITIONS, after subparagraph BB. WORK, 10 11 add the following subparagraph: 11 12 12 13 "CC. CONTRACT PERIOD. The time period commencing 13 14 on the date of issuance of Notice to Proceed 14 15 and concluding after expiration of the number 15 16 of days defined in the Contract Documents for 16 17 the satisfactory completion of the work." 17 18 18 19 In Paragraph 2. DEFINITIONS, modify subparagraph R. PROPOSAL, to read as 19 20 follows: 20 21 21 22 All references to "Proposal" in the General Conditions shall be read as 22 23 "Bid"." 23 24 24 25 B. In Paragraph 10. EQUIPMENT STIPULATION, after the paragraph 25 26 number and title, delete all text in subparagraph C. and 26 27 substitute the following: 27 28 28 29 "See Section 00100." 29 30 30 31 C. In Paragraph 11. SUBSTITUTIONS, OR APPROVED EQUAL" CLAUSE, 31 32 after subparagraph B., add the following subparagraph: 32 33 33 34 "C. Comply with Section 01640 for specific methods of 34 35 requesting approval." 35 36 36 37 D. In Paragraph 15. CONTRACT SECURITY, subparagraph A., delete 37 38 "Coincident with the execution security for the 38 39 following" and substitute the following: 39 40 40 41 "Coincident with the execution of the Contract, the Contractor shall 41 42 furnish Performance and Payment Bonds as security for the items listed 42 43 below. The Performance Bond must include a modification to provide for 43 44 maintenance of the completed work as described in item (5), below." 44 45 45 46 E. Replace Paragraph 16, CONTRACTORS & SUBCONTRACTORS INSURANCE, with the 46 47 following: 47 48 48 49 "A. Contractor shall carry insurance in the following types and amounts 49 50 for the duration of this Contract, which shall include items owned by 50 51 Owner in care, custody and control of Contractor prior and during 51 52 construction and warranty period, and furnish Certificates of 52 53 Insurance along with copies of policy declaration pages and all 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 00805 -2 policy endorsements as evidence thereof: 01 (1) Statutory Worker's Compensation and minimum $100,000 02 Employers Liability Insurance. 03 (2) Commercial General Liability Insurance with minimum limits of 04 $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for 05 this designated project and $100,000 Fire Damage. 06 (3) Automobile Liability Insurance for all owned, nonowned and 07 hired vehicles with minimum limits for Bodily Injury of $250,000 08 for each person and $500,000 for each occurrence and Property 09 Damage limits of $100,000 or Combined Single Limit of $600,000. 10 (4) On all new or remodeling building projects: All Builders 11 Risk Insurance for insurable building projects shall be insured 12 in the amount of the contract price for such improvements. Owner 13 and Contractor waive all rights against each other for damages 14 caused by fire or other perils to the extent covered by Builders 15 Risk Insurance required under this section, except as to such 16 rights as they may have in the proceeds of such insurance. 17 Contractor shall require similar waivers by Subcontractors and 18 Sub - subcontractors. 19 (5) Owner and Contractor's Protective Policy. The Contract shall 20 provide and maintain during the life of this contract and until 21 all work under said contract has been completed and accepted by 22 the Owner, and Owner's and Contractor's Protective Policy which 23 co- insures the Owner and the Owner's agents and employees with 24 the same Commercial General Liability coverage as described 25 above, entitled "Commercial General Liability Insurance." 26 B. When offsite storage is permitted, policy will be endorsed for transit 27 and offsite storage in amounts sufficient to protect property being 28 transported or stored. 29 C. This insurance shall include, as insured, City of Round Rock, 30 Contractor, Subcontractors and Sub - contractors in the work, as their 31 respective interest may appear. 32 D. If insurance policies are not written for amount specified in 2. and 33 3. above, Contractor is required to carry an Excess Liability 34 Insurance Policy for any difference in amounts specified. 35 E. Contractor shall be responsible for deductibles and self insured 36 retentions, if any, stated in policies. Any self insured retention 37 shall not exceed ten percent of minimum required limits. All 38 deductibles or self insured retentions shall be disclosed on 39 Certificate of Insurance required above. 40 F. Contractor shall not commence work at site under this Contract until 41 he has obtained required insurance and until such insurance has been 42 reviewed by Owner's Contract Administration Office. Contractor 43 shall not allow any Subcontractors to commence work until insurance 44 required has been obtained and approved. Approval of insurance by 45 Owner shall not relieve or decrease liability of Contractor 46 hereunder. 47 G. Insurance to be written by a company licensed to do business in the 48 State of Texas at the time policy is issued and acceptable to Owner. 49 H. Contractor shall produce an endorsement to each effected policy: 50 (1) Naming City of Round Rock, 221 East Main Street, Round Rock, 51 Texas 78664 as additional insured (except Worker's Compensation 52 and Builders Risk). 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 i 1 i r 1 1 1 1 1 00805 -3 01 (2) That obligates the insurance company to notify Joanne Land, City 01 02 Secretary, City of Round Rock, 221 East Main Street, Round Rock, 02 03 Texas 78664 of any and all changes to policy 30 days prior to 03 04 change. 04 05 (3) That the "other" insurance clause shall not apply to Owner where 05 06 City of Round Rock is an additional insured shown on policy. It 06 07 is intended that policies required in this agreement, covering 07 08 both Owner and Contractor, shall be considered primary coverage 08 09 as applicable. 09 10 I. Contractor shall not cause any insurance to be canceled nor permit 10 11 any insurance to lapse during term of this Contract or as required in 11 12 the Contract. 12 13 J. If Contractor is underwritten on a claim -made basis, the retroactive 13 14 date shall be prior to, or coincident with, the date of this Contract 14 15 and the Certificate of Insurance shall state that coverage is claims 15 16 made and also the retroactive date. Contractor shall maintain 16 17 coverage for duration of this Contract and for two years following 17 18 completion of this Contract. 18 19 K. Contractor shall provide the City annually a Certificate of Insurance 19 20 as evidence of such insurance. It is further agreed that Contractor 20 21 shall provide Owner a 30 day notice of aggregate erosion, an advance 21 22 of the retroactive date, cancellation and /or removal. 22 23 L. It is also agreed that Contractor will invoke the tail option at 23 24 request of Owner and Extended Reporting Period (ERP) premium shall be 24 25 paid by Contractor. 25 26 M. Owner reserves the right to review insurance requirements of this 26 27 section during effective period of the Contract and to make 27 28 reasonable adjustments to insurance coverages and their limits when 28 29 deemed necessary and prudent by Owner based upon changes in statutory 29 30 law, court decisions or the claims history of the industry as well as 30 31 Contractor." 31 32 32 33 F. In Paragraph 20. SCHEDULE OF CONSTRUCTION AND COMPLETION, at 33 34 the beginning of the existing text add, "A. ", and add the 34 35 following new text: 35 36 36 37 "B. Within 14 days after receipt of Notice to Proceed, submit for 37 38 approval a critical path type schedule. Account for 38 39 schedule of Subcontracts. Include proper sequence of 39 40 construction, various crafts, purchasing time, shop 40 41 drawing approval, material delivery, equipment 41 42 fabrication, startup, demonstration, and similar time 42 43 consuming factors. Show on schedule as a minimum, 43 44 earliest starting, earliest completion, latest starting, 44 45 latest finish, and free and total float for each task or 45 46 item. 46 47 47 48 Evaluate schedule not less than monthly. Update, 48 49 correct, and rerun schedule and submit to Engineer in 49 50 triplicate with pay application to show rescheduling 50 51 necessary to reflect true job conditions. When 51 52 shortening of various time intervals is necessary to 52 53 correct for behind schedule conditions, indicate steps to 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00805 -4 . EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 implement to accomplish work in shortest schedule. 01 , Information shall be submitted to Engineer in writing 02 with revised schedule. 03 04 C. If Contractor does not take necessary action to accomplish 05 work according to schedule, he may be ordered by Owner in 06 writing to take necessary and timely action to improve work 07 progress. Order may require increased work forces, extra 08 equipment, extra shifts or other action as necessary. 09 Should Contractor refuse or neglect to take such action 10 ' authorized, under provisions of this contract, Owner may 11 take necessary actions including, but not necessarily 12 limited to, withholding of payment and termination of 13 contract. 14 II 15 G. In Paragraph 22. COST INFORMATION, at the beginning of the 16 existing text add "A. ", and add the following: 17 , 18 "B. Within 14 days after receipt of Notice to Proceed, provide Engineer 19 with cost breakdown of each lump sum bid item for use in determining 20 II completed each month for partial pay estimates. Breakdown 21 cost itemized by trade and specification section and distribute cost 22 to individual applicable units and structures. Provide separate 23 breakdown for change order items, or items requested. Provide an 24 II additional breakdown sheet, equivalent to AIA document G703, showing 25 the tabulation format for stored materials. Submit this sheet each 26 month with Contractor's pay request breakdown. The detail and format 27 II' of cost breakdown and stored materials tabulation sheet shall be 28 fully approved by Engineer." 29 30 II H. In Paragraph 31, TAXES, add the following new text: 31 32 "C. Sales Taxes: In order for the contractor performing this contract 33 to purchase consumable materials by issuing a resale certificate in lieu 34 II of payment of sales tax: 35 36 The contract will transfer title of consumable, but not incorporated, 37 materials to the Owner at the time and point of receipt by the 38 Contractor, and no use may be made of the materials prior to passage of 39 title. 40 II The Contractor will be paid for these materials by the Owner as soon as 42 practical. Payment will not be made directly but considered subsidiary 43 to the pertinent bid item. The Contractor's monthly estimate will state 44 that the estimate includes consumables that were received during the 45 month covered by the estimate. 46 47 II A representative of the Owner must be notified as soon as possible of the 48 receipt of these materials so that an inspection may be made by the 49 representative. Where practical, the materials will be labeled as the 50 property of the City of Round Rock, Texas." 51 II 52 I. In Paragraph 40. SHOP DRAWINGS, SAMPLES, OPERATOR'S 53 , 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 00805 -5 01 INSTRUCTIONS, SERVICE AND PARTS MANUALS, after subparagraph 01 02 P, add the following new subparagraph: 02 03 03 04 "Q. Refer to Section 01340 of the Specifications for 04 05 additional requirements." 05 06 06 07 J. In Paragraph 41, DRAWINGS SHOWING CHANGES DURING 07 08 CONSTRUCTION, after the paragraph number and title, delete 08 09 the text and substitute the following: 09 10 10 11 "Contractor shall post and keep current a complete set 11 12 of Contract Documents, including all Addenda, Field Orders, 12 13 Change Orders, and pertinent data on site at all times. 13 14 Throughout the progress of construction, the Contractor 14 15 shall maintain an accurate, thorough and up -to -date record 15 16 of all changes to the Drawings that occur during actual 16 17 construction. Upon completion of work and prior to 17 18 acceptance by the Owner, the Contractor shall file with the 18 19 Engineer one complete set of reproducible drawings with all 19 20 changes and Contractor's field construction notes neatly and 20 21 legibly recorded thereon. Such drawings shall indicate in 21 22 part the exact routing, if changed from drawing location, of 22 23 all buried or imbedded Work. These Drawings will be 23 24 transmitted by the Engineer to the Owner as Record Drawings." 24 25 25 26 K. In Paragraph 66. EXTENSION OF CONTRACT PERIOD, after .M 26 27 subparagraph G, add the following new subparagraph: -= 27 28 .72 28 29 "H. No extension of the Contract Period will be allowed for 29 30 additional Work or for claimed delay unless the additional 30 31 Work contemplated or claimed delay is shown to be on the 31 32 critical path of the Project's schedule of construction or 32 33 the Contractor can show by Critical Path Method analysis 33 34 how the additional Work or claimed delay adversely affects 34 35 the critical path." 35 36 36 37 L. In Paragraph 72, PROGRESS PAYMENTS, add sub - paragraphs G and H as 37 38 follows: 38 39 39 40 "G. All payment requests shall be presented to the City Council for 40 41 approval on the second Thursday of each month. Contractor shall 41 42 submit partial payment requests to the Engineer on or before the 42 43 Monday preceding the first Thursday of the month in which payment is 43 44 to be made. The Engineer shall submit the approved statement to the 44 45 City on or before the Friday preceding the second Thursday of the 45 46 month in which payment is to be made. Payment will normally be made 46 47 the Friday of the week following the week of the scheduled meeting of 47 48 the City Council. 48 49 49 50 H. The payment will be the total amount of the approved payment request, 50 51 less ten percent (10%) of the amount thereof, which ten percent (10%) 51 52 shall be retained until final payment, and further less all previous 52 53 payments and all future sums that may be retained by the Owner under 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 00805 -6 O1 1 the terms of the Agreement. It is understood, however, that in case 01 02 the whole work be near to completion and some unexpected and unusual 02 03 delay occurs due to no fault or neglect'on the Engineer, pay a 03 04 reasonable and equitable portion of the retained percentage to the 04 05 Contractor; or the Contractor at the Owner's option, may be relieved 05 06 of the obligation to fully complete the work and, thereupon, the 06 07 1 Contractor shall receive payment of the balance due him under the 07 08 contract subject only to the conditions stated under "Acceptance and 08 09 Final Payment" (paragraph 76)." 09 10 10 11 M. Revised Paragraph 76, ACCEPTANCE AND FINAL PAYMENT, subparagraph A, to 11 12 read as follows. 12 13 13 14 "A. Upon the issuance of the Certificate of Completion, the Engineer 14 15 shall proceed to make final measurements and prepare final statement 15 16 for the value of all work performed and materials furnished under the 16 17 1 terms of the Agreement and shall certify same to the Owner. The 17 18 Application for Final Payment will be submitted to the City Council 18 19 for approval on the second Thursday of the month immediately 19 20 following the receipt of the Application of Final Payment. Payment 20 21 will normally be made the Friday of the week following the week of 21 22 the scheduled meeting of the City Council." 22 23 23 24 N. Add Paragraph 85, WAGE RATES, to read as follows: 24 25 1 25 26 "A. Contractors are required to pay the prevailing wage rates to 26 27 laborers, workmen and mechanics employed on behalf of the Owner 27 28 engaged in the construction of public works. The wage rate of these 28 29 jobs shall be the general prevailing wage rates for work of a similar 29 30 character. This applies to contractors and subcontractors. The 30 31 contractor and subcontractors shall keep and make available records 31 32 of workers and their wages. Prevailing wage rates are published by 32 33 the U.S. Department of Labor, Bureau of Labor Statistics, 33 34 Southwestern Division and the Texas Employment Commission of the 34 35 Austin Job Bank Area. The wage rate shall not be less than the 35 36 minimum wage rates set by the U.S. Department of Labor, Employment 36 37 Standards Administration, Wage and Hour Division. There is penalty 37 38 of $10.00 per worker per day or portion of a day that the prevailing 38 39 wage rate is not paid by the Contractor or any Subcontractor." 39 40 40 41 END OF SECTION 41 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 1 GENERAL REQUIREMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 01060 -1 01 92803 SECTION 01060 01 02 02 03 GENERAL PROJECT REQUIREMENTS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 PRECONSTRUCTION CONFERENCE 08 09 09 10 A. A preconstruction conference shall be held after award of Contract. 10 11 Engineer will notify the Contractor as to the date, time, and location, 11 12 of the conference 1 week in advance of the proposed date. Contractor's 12 13 Project Manager and Project Superintendent and Contractor's Subcontractor 13 14 Representatives shall attend. 14 15 15 16 1.02 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE 16 17 17 18 A. Refer to General Conditions. 18 19 19 20 B. Contractor shall pick up all "no- charge" documents within 10 days from 20 21 date of Notice to Proceed. 21 22 22 23 C. Additional documents after "no- charge" documents will be furnished to 23 24 Contractor at cost. 24 25 25 26 1.03 TESTING 26 27 27 28 A. Payment for Soil, Concrete and Other Testing (None Currently Anticipated): 28 29 1. Soils and concrete testing: The Owner will pay for "Passing" soils 29 30 and "Passing" concrete tests on the Project. Costs of corrective 30 31 action, costs of "Failing" soils and concrete tests, and cost of 31 32 testing associated with establishment of mix design are the sole 32 33 responsibility of the Contractor. 33 34 2. Other testing: Required testing, testing procedures, reports, 34 35 certificates, and costs associated with all phases of securing 35 36 required satisfactory test information which may be required by 36 37 individual sections of Specifications or Drawings are the full 37 38 responsibility of the Contractor. 38 39 39 40 1.04 ORDER OF CONSTRUCTION TEMPORARY FACILITIES AND PLANT OPERATIONS 40 41 41 42 A. Construction operations will be scheduled to allow the Owner 42 43 uninterrupted operation of existing adjacent facilities. Coordinate 43 44 connections with existing work to ensure timely completion of interfaced 44 45 items. 45 46 46 47 B. At no time shall Contractor or his employees modify operation of the 47 48 existing facilities or start construction modifications without approval 48 49 of the Owner except in emergency to prevent or minimize damage. 49 50 50 51 C. Coordinate all construction activities to minimize disruption of existing 51 52 plant operations. Do not commence any work which affects the operation 52 53 of existing facilities without contacting the Owner at least two working 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 01060 -2 D. Chlorination and declorination must be performed on a continuous basis during the course of the project. The Contractor shall furnish and install any temporary chlorination and dechlorination equipment and related facilities and utilities that might be required if he is not able to have equipment being furnished and installed as part of this project operational prior to removal of existing equipment. E. The plant water system cannot be out of operation during construction. The Contractor shall schedule work such that at least one of the two plant water pumps is operational at all times and shall provide any temporary electrical or other work required to maintain one pump in operation. F. The final clarifier shall not be out of service for more than five days for repair work on the weirs. The clarifier and related treatment units can only be taken out of service during dry periods when flows are low; scheduling of such work will only be at times approved by the Owner. 1.05 PROJECT MEETINGS A. B. C. D. E. days prior to the time such activities are anticipated to begin. Provide 01 all temporary pumps, connections, and other facilities necessary to allow 02 continuous operation of existing facilities while making connections. 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The Engineer shall conduct construction meetings involving: 25 1. Contractor's project manager. 26 .2. Contractor's project superintendent. 27 3. Owner's designated representative(s). 28 4. Engineer's designated representative(s). 29 5. Contractor's subcontractors as appropriate to the work in progress. 30 31 Conduct meetings monthly. 32 33 Take meeting minutes and submit copies of meeting minutes to participants 34 and designated recipients identified at the Preconstruction Conference. 35 Corrections, additions or deletions to the minutes shall be noted and 36 addressed at the following meeting. 37 38 Schedule meetings for most convenient time frame. 39 40 The Contractor shall have available at each meeting up -to -date record 41 drawings. 42 43 44 45 46 which the Owner will provide at no charge. 47 48 Furnish and maintain sanitary facilities for the use of the Contractor's 49 personnel. 50 51 END OF SECTION 52 1.06 TEMPORARY FACILITIES A. Furnish all utilities required for execution of the work, except water, EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01340 -1 01 91C06 SECTION 01340 01 02 02 03 SHOP DRAWINGS, PRODUCT DATA & SAMPLES, OPERATION AND 03 04 MAINTENANCE MANUALS, EQUIPMENT RECORD SHEETS 04 05 05 06 06 07 PART 1 - GENERAL 07 08 08 09 1.01 SUMMARY 09 10 10 11 A. General: 11 12 1. Section Addresses: 12 13 a. Mechanics of Shop Drawing Process. 13 14 14 15 B. Related Sections include but are not necessarily limited to: 15 16 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 16 17 the Contract. 17 18 2. Division 1 - General Requirements. 18 19 3. Sections in Divisions 2 through 16 identifying submittal 19 20 requirements. 20 21 21 22 1.02 SUBMITTALS: GENERAL 22 23 23 24 A. Transmit all submittals to: 24 25 25 26 HDR Engineering, Inc. 26 27 3000 South IH -35, Suite 400 27 28 Austin, Texas 78704 28 29 Attn: James Glaser, P.E. 29 30 30 31 B. Utilize two copies of attached Exhibit "A" to transmit all shop drawings 31 32 and samples. 32 33 33 34 C. Utilize two copies of attached Exhibit "B" to transmit all Operation and 34 35 Maintenance Manuals and Equipment Record Sheets. 35 36 36 37 D. All transmittals must be from Contractor and bear his approval stamp. 37 38 Transmittals will not be received from or returned to subcontractors. 38 39 1. Shop drawing transmittal stamp shall read "(Contractor's Name) 39 40 represents that we have determined and verified all field dimensions 40 41 and measurements, field construction criteria, materials, catalog 41 42 numbers, and similar data, and that we have checked with the 42 43 requirements of the Work and the Contract Documents as stipulated in 43 44 General Conditions Paragraph 400." Transmittals will not be received 44 45 from or returned to subcontractors. 45 46 2. Operation and Maintenance Manual transmittal stamp may be 46 47 48 Contractor's standard approval stamp. 47 49 E. Provide submittal information defining specific equipment or materials 49 50 utilized on the project. Generalized product information not clearly 50 51 defining specific equipment or materials to be provided will be rejected. 51 52 52 53 F. Calculations required in individual specification sections will be 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 01340 -2 received for information purposes only and will be returned stamped "E. 01 Engineer's Review Not Required" to acknowledge receipt. 02 03 G. Submittal Schedule: 04 1. Schedule of shop drawings: 05 a. Submitted and approved within 30 days of receipt of Notice to 06 Proceed. 07 2. Shop drawings: 08 a. Submittal and approval prior to 50 percent project completion. 09 3. Operation and Maintenance Manuals and Data Record Sheets: 10 a. Initial submittal within 30 days after date shop drawings are 11 approved. 12 b. Full payment will not be made on any equipment or materials until 13 an approved Operation and Maintenance Manual is received. 14 15 H. Retainage will not be reduced below 5 percent until all shop drawings are 16 approved. 17 18 19 20 21 22 23 24 Transmittal Mechanics: E5 1. Number transmittals consecutively beginning with 1. 26 2. Assure resubmitted items retain the original number but with an added 27 suffix letter starting with "A." 28 3. Restrict each letter of transmittal to only one Specification Section 29 or portion thereof. 30 4. Provide breakout of each transmittal component on transmittal form 31 "A." Each component thus defined will receive specific action by the 32 Engineer. Define manufacturer, item, tag number, and Drawing/ 33 Specification reference. 34 5. Do not change the scope of any resubmittal from the original 35 transmittal scope. If some components of the original transmittal 36 received "A" or "B" Action and others did not, resubmit the "A" or 37 "B" Action components in subsequent resubmittal packages. Provide a 38 summary sheet containing all components of the original transmittal 39 at the front of each resubmittal. Indicate each component as either 40 A or B, "outstanding," or "submitted for action." Reference items 41 previously receiving "A" or "B" Action to the transmittal in which 42 "A" or "B" Action was received. "Outstanding" items are defined as 43 items previously not receiving "A" or "B" Action and not yet 44 resubmitted for re- review. Use this term "Submitted for action" to 45 indicate items which are included for review in the transmittal. 46 6. For 8 -1/2 x 11 IN size sheets, provide four copies of each page for 47 Engineer plus the number required by the Contractor. The number of 48 copies required by the Contractor will be defined at the 49 Preconstruction Conference, but shall not exceed (10). 50 7. For items not covered in paragraph 6, submit one reproducible 51 transparency and one print of each drawing until approval is 52 obtained. Utilize mailing tube; do not fold. The Engineer will mark 53 I. Final payment on the project shall not be made until final approved 1 copies of all Operation and Maintenance Manuals including Equipment Record Sheets (with equipment serial numbers) have been received. 1.03 SUBMITTALS: SHOP DRAWINGS A. EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01340 -3 01 and return the reproducible to the Contractor for his reproduction 01 02 and distribution. 02 03 8. Provide clear space (3 IN SQ) for Engineer stamping of each component 03 04 defined in A.5. 04 05 9. Contractor shall not use red color for marks on transmittals. 05 06 Duplicate all marks on all copies transmitted, and ensure marks are 06 07 photocopy reproducible...0utline Contractor marks on reproducible 07 08 transparencies with a rectangular box. 08 09 09 10 B. Transmittal Contents: 10 11 1. Coordinate and identify shop drawing contents so that all items can 11 12 be easily verified by.the Engineer. 12 13 2. Identify equipment or material use, tag number, drawing detail 13 14 reference, weight, and other project specific information. 14 15 3. Provide sufficient information together with technical cuts and 15 16 technical data to allow an evaluation to be made to determine that 16 17 the item submitted is in compliance with the Contract Documents. 17 18 4. Submit items like equipment brochures, cuts of fixtures, product data 18 19 sheets or catalog sheets on 8 -1/2 x 11 IN pages. Indicate exact item 19 20 or model and all proposed options. 20 21 5. Include legible scale details, sizes, dimensions, performance 21 22 characteristics, capacities, test data, anchoring details, 22 23 installation instructions, storage and handling instructions, color 23 24 charts, layout drawings, parts catalogs, rough -in diagrams, wiring 24 25 diagrams, controls, weights and other pertinent data. Arrange data 25 26 and performance information in format similar to that provided in 26 27 Contract Documents. Provide, at minimum, the detail provided in the 27 28 Contract Documents. _ 28 29 6. If proposed equipment or materials deviate from the Specifications or 29 30 Drawings in any way, clearly note the deviation and justify the said 30 31 deviation in detail in a separate letter immediately following 31 32 transmittal sheet. If explanation is not given, shop drawings will 32 33 be returned without action. 33 34 34 35 1.04 SUBMITTALS: SAMPLES 35 36 36 37 A. Identify sample as to: manufacturer, item, use, type, project 37 38 designation, tag number, specification section or drawing detail 38 39 reference, color, range, texture, finish and other pertinent data. 39 40 40 41 B. Include application specific brochures, and installation instructions. 41 42 42 43 C. Provide Contractor's stamp of approval on samples as indication of his 43 44 checking and verification of dimensions and coordination with 44 45 interrelated work. 45 46 46 47 D. Resubmit samples of rejected items. 47 48 48 49 E. Approved samples submitted or constructed, constitute criteria for 49 50 judging completed work. Finished work or items not equal to samples will 50 51 be rejected. 51 52 52 53 F. Samples may be retained for comparison purposes. Remove samples when 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 01340 -4 directed. Include in bid all costs of furnishing and removing samples. 1.05 SUBMITTALS: OPERATION AND MAINTENANCE MANUALS AND EQUIPMENT RECORD SHEETS 1 01 02 03 11 04 05 A. Transmittal Mechanics: 06 1. See Paragraph 1.02 C. 07 2. Provide transmittal form for Operation and Maintenance Manual with 08 original number of the approved item plus a suffix "0 -M." 09 3. Submit one copy until approval is received. 10 , 4. Acceptable submittals will be retained with the transmittal form 11 returned with a request for five additional copies. 12 5. Deficient submittals will be returned along with the transmittal form 13 which will be marked to indicate deficient areas. 14 II 6. Identify resubmittals with the original number plus a suffix letter 15 starting with "A." 16 7. Submit Operation and Maintenance Manuals printed on 8 -1/2 x 11 IN 17 size heavy first quality paper with standard three -hole punching and 18 bound in three ring binder. Provide binders with titles on front and 19 on spine of binder. Tab each section of manuals for easy reference 20 11 with plastic- coated dividers. Provide index for each manual. 21 Provide plastic sheet lifters prior to first page and following last 22 page. 23 8. Reduce drawings or diagrams bound in manuals to an 8 -1/2 x 11 IN or 24 11 x 17 IN size. However, where reduction is not practical to ensure 25 readability, fold larger drawings separately and place in vinyl 26 envelopes which are bound into the binder. Identify vinyl envelopes 27 II with drawing numbers. 28 29 B. Transmittal Content: 30 , 1. Submission of Operation and Maintenance Manuals is applicable but not 31 necessarily limited to: 32 a. Major equipment. 33 11 b. Equipment used with electrical motor loads of 1/6 HP nameplate or 34 greater. 35 c. Specialized equipment including valves and instrumentation and 36 control system components for HVAC and process systems such as 37 meters, recorders, and transmitters. 38 d. Valves greater than 12 IN DIA. • 39 e. Water control gates. 40 , 2. Prepare operation and maintenance manuals which include, but are not 41 necessarily limited to, the following detailed information, as 42 applicable: 43 a. Equipment function, normal operating characteristics, limiting 44 II operations. 45 b. Assembly, disassembly, installation, alignment, adjustment, and 46 checking instructions. 47 c. Operating instructions for start -up, routine and normal 48 operation, regulation and control, shutdown, and emergency 49 conditions. 50 11 d. Lubrication and maintenance instructions. 51 e. Guide to "troubleshooting." 52 f. Parts list and predicted life of parts subject to wear. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01340 -5 01 g. Outline, cross - section, and assembly drawings; engineering data; 01 02 and electrical diagrams, including elementary diagrams, wiring 02 03 diagrams, connection diagrams, word description of wiring 03 04 diagrams and interconnection diagrams. 04 05 h. Test data and performance curves. 05 06 i. A list of recommended spare parts with a price list and a list of 06 07 spare parts provided under these specifications. 07 08 j. Copies of installation instructions, parts lists or other 08 09 documents packed with equipment when delivered. 09 10 k. Instrumentation or tag numbers relating the equipment back to the 10 11 Contract Documents. 11 12 1. Include a filled -out copy of the Equipment Record Sheet as the 12 13 first page(s) of each Operation and Maintenance Manual. Complete 13 14 maintenance requirements in detail. Simple reference to the 14 15 Manual is not acceptable. 15 16 m. For equipment items involving components or subunits, an 16 17 Equipment Record Sheet for each operating component or subunit is 17 18 required. 18 19 n. Exhibits "Cl" and "C2 ", entitled, respectively, Equipment Record, 19 20 Equipment Maintenance Data Summary, and Equipment Record, 20 21 Lubrication Summary, must be completed and included with the 21 22 Operation and Maintenance Manual before it will be approved. 22 23 23 24 1.06 SUBMITTALS: SHOP DRAWINGS: ENGINEER'S REVIEW ACTION 24 25 25 26 A. Items within transmittals will be reviewed for overall design intent and 26 27 will receive one of the following actions: � 27 28 , 28 29 A - FURNISH AS SUBMITTED 29 30 B - FURNISH AS NOTED (BY ENGINEER) 30 31 C - REVISE AND RESUBMIT " 31 32 0 - REJECTED 32 33 E - ENGINEER'S REVIEW NOT REQUIRED 33 34 34 35 B. Transmittals received will be initially reviewed to ascertain inclusion 35 36 of Contractor's approval stamp. Drawings not stamped by the Contractor 36 37 or stamped with a stamp containing language other than that specified in 37 38 Paragraph 1.02 D will not be reviewed for technical content and will be 38 39 returned without any action. 39 40 40 41 C. Transmittals returned with Action "A" or "B" are considered ready for 41 42 fabrication and installation. If for any reason a transmittal that has 42 43 an "A" or "B" Action is resubmitted, it must be accompanied by a letter 43 44 defining the changes that have been made and the reason for the 44 45 resubmittal. Destroy or conspicuously mark "SUPERSEDED" all documents 45 46 having previously received "A" or "B" Action that are superseded by a 46 47 resubmittal. 47 48 48 49 D. Transmittals with Action "A" or "B" combined with Action "C" (Revise and 49 50 Resubmit) or "0" (Rejected) will be individually analyzed giving 50 51 consideration as follows: 51 52 1. The portion of the transmittal given "C" or "D" will not be 52 53 distributed (unless previously agreed to otherwise at the 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01340 -6 01 i Preconstruction Conference). One copy or the one transparency of the 01 02 "C" or "D" drawings will be marked up and returned to the Contractor. 02 03 Correct and resubmit items so marked. 03 04 2. Items marked "A" or "B" will be fully distributed. 04 05 3. If a portion of the items or system proposed are acceptable, however, 05 06 the major part of the individual drawings or documents are incomplete 06 07 or require revision, the entire submittal may be given "C" or "D" 07 08 Action. This is at the sole discretion of the Engineer. In this 08 09 case, some drawings may contain relatively few or no comments or the 09 10 statement, "Resubmit to maintain a complete package." Distribution to 10 11 the Owner and field will not be made (unless previously agreed to 11 12 otherwise). 12 13 13 14 E. Failure to include any specific information specified under the submittal 14 15 paragraphs of the specifications will result in the transmittal being 15 16 returned to the Contractor with "C" or "D" Action. 16 17 17 18 F. In addition to calculations stamped and returned "E. Engineer's Review 18 19 Not Required," other transmittals such as submittals which the Engineer 19 20 1 considers as "Not Required," submittal information which is supplemental 20 21 1 to but not essential to prior submitted information, or items of 21 22 information in a transmittal which have been reviewed and approved in a 22 23 prior transmittal, will be returned with Action "E. Engineer's Review 23 24 Not Required." P4 25 25 26 END OF SECTION 26 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS Project Name: I Project Owner. I Contractor: Address: Attn.: Date Transmitted: No. Description Copies I I I I I I I I I I I Remarks: Address: Attn.: 'The Action Designated Above is in Accordance with the Following Legend: A - Furnish as Submitted D - Rejected B - Furnish as Noted E - Engineer's review not required Comments: C - Revise and Submitt 1. Not enough information for review. 2. No reproducibles submitted. 3. Copies illegible. 4. Not enough copies submilted. 5. Wrong sequence number. 6. Wrong resubmittal suffix. 7. Wrong spec. section. B. Wrong form used. 9. See comments. Distribution: Contractor U File LJ Exhibit A Shop Drawing Transmittal No. I HDR Engineering, Inc. Previous Transmittal Date: I Date Received: IChecked By: 'Log Page: I HDR No.: 'Spec. Section: 1st. Sub. U Manufacturer Dwg. or Data Action Taken' No. 1. Submittal not Required. 2. Supplemental Information. Submittal retained for informational purposed only. 3. Information reviewed and approved on prior submittal. 4. See comments. ReSub. U By Date Field U Owner U Other U �z I Project Name: I Project Owner: 'Contractor: Address: Date Transmitted: No. ' Description of Item Copies Remarks: To: Owner: Address: Exhibit B The Action Designated Above is in Accordance with the Following Legend: A - Acceptable, Provide five additional Copies B - Furnish as Noted C- Revise and Resubmit. This Operation and Maintenance Manual Submittal is deficient in the following areas: 1. Equipment record sheets. 2. Functional description. 3. Assembly, disassembly, installation, alignment, adjustment & checkout instructions. 4. Operating instructions Comments: By Distribution: Contractor U File U Field U 0 & M Manual Transmittal No. Previous Transmittal Date: From: Date: NOR Engineering, inc. D - Rejected Date Received: I Checked By: I Log Page: HDR No.: Spec. Section: 1st. Sub. U ReSub. U 'Manufacturer Dwg. or Data Action Taken' No. 5. Lubrication & maintenance instructions. 6. Troubleshooting guide. 7. Parts list and ordering instructions. 8. Organization (index and tabbing). 9. Wiring diagrams & schematics specific to installation. 10. Outline, cross section & assembly diagrams. 11. Test data & performance curves. 12. Tag or equipment identification numbers. 13. Other - see comments. Owner U Date Other U Project Name Pape of Equip. Desalpdon Date Installed Date Started Equip. Location Cost Estimated Life Protect Equip. Tag No. Shop Dwp. Trans. No. Spec. Sea Equip. Manul. Manuf. Address Plane Local Vender Vendor Address Phone D r M Q S A Hours BREAK -IN MAINTENANCE REQUIREMENTS (INITIAL OIL CHANGES, ETC.) I r r r �- !TM o 5 A Hours PREVENTIVE MAINTENANCE REQUIREMENTS r r r r F- I E RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA Part No. Pan Name Ouantiy Equip. Make Serial No. I ID No. Model No. 'Frame No. HP IV. IAmP. IHZ PH IRPM ISF 'Duty Code Ilns. C1. 'Des ITYPe Nema IC Amb. Tamp. Rise Raang Misc. MECHANICAL NAMEPLATE DATA Equip. Make Serial No. I ID No. Model No. I Frarne No. HP RPM 'call 'Size TDH IImp. Sz. Des. ICFM PSI IAs°Y• No. 'Case No Misc. 1 IDA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Exhibit Cl Equipment Maintenance Data Summary Lubricant information on following page Equipment Record 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �z Exhibit C2 Equipment Record Lubrication Summary [Page of Equipment Description 'Project Equip. Tag No. Lubricant Point I I Manufacturer Product AGMA K I SAE 0 I ISO a1` I .5F i 1 I Lubricant Point II Manufacturer Product I AGMA 0 I SAE it I ISO IF E JI r i I �f Lubricant Point I I' Manufacturer Protlun AGMA SAE ♦ 1 ISO & I IF ' r I Lubricant Point II Manufacturer Product I AGMA e I SAE 0 ISO $ I IT i I � E I I J r I — � Lubricant Paint Manufacturer Product AGMA N I SAE 0 I50 I I rI I Lubricant Point Manufacturer Product AGMA i I SAE # ISO aFI — I ~ FI .0rI J Fl Lubricant Point Manufacturer Product 1 AGMA 0 SAE 0 I I50 a[I tITI _ 3FI I f l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �z Exhibit C2 Equipment Record 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01600 -1 01 91H30 SECTION 01600 01 02 02 03 PRODUCT DELIVERY, STORAGE, AND HANDLING 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Scheduling of product delivery. 11 12 2. Packaging of products for delivery. 12 13 3. Protection of products against damage from: 13 14 a. Handling. 14 15 b. Exposure to elements or harsh environments. 15 16 16 17 B. Related Sections include but are not necessarily limited to: 17 18 18 19 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 19 20 the Contract. 20 21 21 22 2. Division 1 - General Requirements. 22 23 23 24 C. Payment: 24 25 1. No payment will be made to Contractor for equipment or materials not 25 26 properly stored and insured or without approved shop drawings. 26 27 a. Previous payments for items will be deducted from subsequent 27 28 progress estimate(s) if proper storage procedures are not 28 29 observed. 29 30 30 31 1.02 DELIVERY 31 32 32 33 A. Scheduling: 33 34 1. Schedule delivery of products or equipment as required to allow 34 35 timely installation and to avoid prolonged storage. 35 36 36 37 B. Packaging: 37 38 1. Deliver products or equipment in manufacturer's original unbroken 38 39 cartons or other containers designed and constructed to protect the 39 40 contents from physical or environmental damage. 40 41 41 42 C. Identification: 42 43 1. Clearly and fully mark and identify as to manufacturer, item, and 43 44 installation location. 44 45 45 46 D. Protection and Handling: 46 47 1. Provide manufacturer's instructions for storage and handling. 47 48 48 49 49 50 PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) 50 51 51 52 52 53 PART 3 - EXECUTION 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01600 -2 01 01 02 3.01 PROTECTION, STORAGE AND HANDLING 02 03 03 04 A. Manufacturer's Instruction: 04 05 1. Protect all products or equipment in accordance with manufacturer's 05 06 written directions. 06 07 a. Store products or equipment in location to avoid physical damage 07 08 to items while in storage. 08 09 b. Handle products or equipment in accordance with manufacturer's 09 10 recommendations and instructions. 10 11 2. Protect equipment from exposure to elements and keep thoroughly dry. 11 12 12 13 3.02 STORAGE FACILITIES 13 14 14 15 A. Temporary Storage Building: 15 16 1. Provide a weatherproof temporary storage building or trailer 16 17 specifically for the purpose of providing for protection of products 17 18 and equipment. Size building to accommodate anticipated storage 18 19 items. 19 20 2. Equip building with lockable doors and lighting. 20 21 3. Provide methods of storage of products and equipment off the ground. 21 22 4. Provide this structure within 21 days after Notice to Proceed. 22 23 Locate on -site in location approved by Owner. Remove building from 23 24 site prior to startup and demonstration period. 24 25 25 26 3.03 FIELD QUALITY CONTROL 26 27 27 28 A. Inspect Deliveries: 28 29 1. Inspect all products or equipment delivered to the site prior to 29 30 unloading. Reject all products or equipment that are damaged, used, 30 31 or in any other way unsatisfactory for use on Project. 31 32 32 33 B. Monitor Storage Area: 33 34 1. Monitor storage area to ensure suitable temperature and moisture 34 35 conditions are maintained. 35 36 36 37 END OF SECTION 37 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01601 -1 01 89606 SECTION 01601 01 02 02 03 JOB CONDITIONS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Job conditions. 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 14 15 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 15 16 the Contract. 16 17 17 18 2. Division 1 - General Requirements. 18 19 19 20 1.02 PROJECT CONDITIONS 2 21 21 22 A. Prior to installation of material, equipment and other work, verify with 22 23 Subcontractors, material or equipment manufacturers, and installers that 23 24 the substrate or surface to which those materials attach is acceptable 24 25 for installation of those materials or equipment. (Substrate is defined 25 26 as surfaces to which materials or equipment is attached to i.e., 26 27 floors, walls, ceilings, etc.). 27 P8 28 29 B. Correct unacceptable substrate until acceptable for installation of 29 30 equipment or materials. u 30 31 31 32 END OF SECTION 32 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01640 -1 01 01 02 90E10 SECTION 01640 02 03 03 04 PRODUCT SUBSTITUTIONS 04 05 05 06 06 07 PART 1 - GENERAL 07 08 08 09 1.01 SUMMARY 09 10 10 11 A. Section Includes: 11 12 1. The procedure for requesting substitution approval for a product 12 13 which is defined in the Contract Documents by reference to one or 13 14 more of the following: 14 15 a. Name of manufacturer. 15 16 b. Name of vendor. 16 17 c. Trade name. 17 18 d. Catalog number. 18 19 2. This Section does not address substitutions for major equipment. See 19 20 "Information for Bidders." 20 21 21 22 B. Related Sections include but are not necessarily limited to: 22 23 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 23 24 The Contract. 24 25 2. Division 1 - General Requirements. 25 26 26 27 C. Requests for Substitution - General: 27 28 1. Base all bids on materials, equipment, and procedures specified. 28 29 2._ Certain types of equipment and kinds of material are described in 29 30 specifications by means of references to names of manufacturers and 30 31 vendors, trade names, or catalog numbers. When this method of 31 32 specifying is used, it is not intended to exclude from consideration 32 33 other products bearing other manufacturer's or vendor's names, trade 33 34 names, or catalog numbers, provided said products are capable of 34 35 accomplishing the same tasks as the products specifically indicated. 35 36 3. Other types of equipment and kinds of material may be acceptable. 36 37 37 38 1.02 QUALITY ASSURANCE 38 39 39 40 A. In making request for substitution or in using an approved product, 40 41 Contractor represents: 41 42 1. He has investigated proposed product, and has determined that it is 42 43 equal or superior in all respects to that specified, and that it will 43 44 perform function for which it is intended. 44 45 2. He will provide same guarantee for substitute item as for product 45 46 specified. 46 47 3. He will coordinate installation of accepted substitution into work, 47 48 to include building modifications if necessary, making such changes 48 49 as may be required for work to be complete in all respects. 49 50 4. He waives all claims for additional costs related to substitution 50 51 which subsequently arise. 51 52 52 53 1.03 DEFINITIONS 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01640 -2 01 01 ' 02 A. Product: Manufactured material or equipment. 02 03 03 II 04 1.04 PROCEDURE FOR REQUESTING SUBSTITUTION 04 05 05 06 A. Considered after award of Contract. 06 II 07 07 08 B. Written requests through Contractor only. 08 09 09 10 C. Transmittal Mechanics: 10 II 1. Follow the transmittal mechanics prescribed for shop drawings in 11 12 Section 01340. Product substitution will be treated in a manner 12 13 similar to "deviations," as described in paragraph 1.03 B.6 of 13 II 14 Section 01340. List the letter describing the deviation and 14 15 justifications on the transmittal form in the space provided under 15 16 the column with the heading "DESCRIPTION." Include in the transmittal 16 17 18 letter, either directly or as a clearly marked attachment, the items 17 II listed in paragraph D below. 18 19 19 20 D. Transmittal Contents: 20 II 1. Product identification: 21 22 a. Manufacture's name. P2 23 b. Telephone number and representative contact name. 23 II 24 c. Specification section or drawing reference of originally 24 25 specified product, including discrete name or tag number assigned 25 26 to original product in the Contract Documents. 26 27 2. Manufacturer's literature clearly marked to show compliance of 27 II 28 proposed product with Contract Documents. 28 29 3. Itemized comparison of original and proposed product addressing 29 30 product characteristics including but not necessarily limited to: 30 II a. Size. 31 32 b. Composition or materials of construction. 32 33 c. Weight. 33 , 34 d. Electrical or mechanical requirements. 34 35 4. Product experience: 35 36 a. Location of past projects utilizing product. 36 37 b. Name and telephone number of persons associated with referenced 37 II projects knowledgeable concerning proposed product. 38 39 c. Available field data and reports associated with proposed 39 40 product. 40 II 5. Data relating to changes in construction schedule. 41 42 6. Data relating to changes in cost. 42 43 7. Samples: 43 II 44 a. At request of Engineer. 44 45 b. Full size if requested by Engineer. 45 46 c. Held until substantial completion. 46 47 d. Engineer not responsible for loss or damage to samples. 47 II 48 49 1.05 APPROVAL OR REJECTION 49 50 50 II 51 A. Written approval or rejection of substitution given by the Engineer. 51 52 52 53 B. Engineer reserves the right to require proposed product to comply with 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 01 color and pattern of specified product if necessary to secure design 01 02 intent. 02 03 03 04 C. In event substitution results in a change of Contract price or time, 04 05 provisions in General Conditions will be applied for adjustment. 05 06 06 07 D. Substitutions will be rejected if: 07 08 1. Submittal is not through the Contractor with his stamp of approval. 08 09 2. Requests are not made in accordance with this Section. 09 10 3. In the Engineer's opinion, acceptance will require substantial 10 11 revision of the original design. 11 12 4. In the Engineer's opinion, substitution is not equal to original 12 13 product specified or will not perform adequately the function for 13 14 which it was intended. 14 15 15 16 END OF SECTION 16 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01640 -3 DIVISION 5 METALS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 05505 -1 01 01 02 91625 SECTION 05505 02 03 03 04 METAL FABRICATIONS 04 05 05 06 06 07 PART 1 - GENERAL 07 08 08 09 1.01 SUMMARY 09 10 10 11 A. Section Includes: 11 12 1. Custom fabricated metal items and certain manufactured units not 12 13 otherwise indicated to be supplied under work of other sections. 13 14 14 15 B. Related Sections include but are not necessarily limited to: 15 16 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 16 17 the Contract. 17 18 2. Division 1 - General Requirements. 18 19 3. Section 05120 - Structural Steel. 19 20 4. Section 05522 - Aluminum Railings. 20 21 5. Section 09905 - Painting and Protective Coatings. 21 22 22 23 1.02 QUALITY ASSURANCE 23 24 24 25 A. Referenced Standards: 25 26 1. Aluminum Association (AA): 26 27 a. 30 -86, Specifications for Aluminum Structures. 27 28 2. American Society for Testing and Materials (ASTM): 28 29 a. A36, Standard Specification for Structural Steel. 29 30 b. A47, Standard Specification for Ferritic Malleable Iron Castings. 30 31 c. A48, Standard Specification for Gray Iron Castings. 31 32 d. A53, Standard Specification for Pipe, Steel, Black and 32 33 Hot - Dipped, Zinc - Coated Welded and Seamless. 33 34 e. A108, Standard Specification for Steel Bars, Carbon, 34 35 Cold- Finished, Standard Quality. 35 36 f. Al23, Standard Specification for Zinc (Hot -Dip Galvanized) 36 37 Coatings on Iron and Steel Products. 37 38 g. A197, Standard Specification for Cupola Malleable Iron. 38 39 h. A307, Standard Specification Carbon Steel Bolts and Studs, 60,000 39 40 psi Tensile Strength. 40 41 i. A325, Standard Specification for High- Strength Bolts for 41 42 Structural Steel Joints. 42 43 j. A496, Standard Specification for Steel Wire, Deformed, for 43 44 Concrete Reinforcement. 44 45 k. A500, Standard Specification for Cold- Formed Welded and Seamless 45 46 Carbon Steel Structural Tubing in Rounds and Shapes. 46 47 1. A525, Standard Specification for General Requirements for Steel 47 48 Sheet, Zinc - Coated (Galvanized) by the Hot -Dip Process. 48 49 m. A536, Standard Specification for Ductile Iron Castings. 49 50 n. A563, Standard Specification for Carbon and Alloy Steel Nuts. 50 51 o. A582, Standard Specification for Free - Machining Stainless and 51 52 Heat - Resisting Steel Bars, Hot - Rolled or Cold- Finished. 52 53 p. A666, Standard Specification for Austenitic Stainless Steel, 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 05505 -2 ' 01 Sheet, Strip, Plate, and Flat Bar. 01 ' 02 q. A668, Standard Specification for Steel Forgings, Carbon and 02 03 Alloy, for General Industrial Use. 03 II 04 r. A780, Standard Practice for Repair of Damaged Hot - Dipped 04 05 Galvanized Coatings. 05 06 s. A786, Standard Specification for Rolled Steel Floor Plate. 06 07 t. B26, Standard Specification for Aluminum -Alloy Sand Castings. 07 ' 08 u. B36, Standard Specification for Brass Plate, Sheet, Strip, and 08 09 Rolled Bar. 09 10 v. B221, Standard Specification for Aluminum and Aluminum -Alloy 10 II Extruded Bars, Rods, Wire, Shapes, and Tubes. 11 12 w. B308, Standard Specification for, Aluminum -Alloy 6061 -T6 Standard 12 13 Structural Shapes. 13 II 14 x. B632, Standard Specification for Aluminum -Alloy Rolled Tread 14 15 Plate. 15 16 y. F467, Standard Specification for Non- Ferrous Nuts for General 16 17 Use. 17 ' 18 z. F468, Standard Specification for Non - Ferrous Bolts, Hex Cap 18 19 Screws, and Studs for General Use. 19 20 aa. F593, Standard Specification for Stainless Steel Bolts, Hex Cap 20 II Screws, and Studs. P1 22 3. American Welding Society (AWS): 22 23 a. A5.1, Specification for Covered Carbon Steel Arc Welding 23 , 24 Electrodes. 24 25 b. D1.1, Structural Welding Code Steel. 25 26 c. D1.2, Structural Welding Code Aluminum. 26 27 4. U.S.Department of Labor, Occupational Safety and Health 27 , 28 Administration (OSHA): 28 29 a. 29 CFR 1910, OSHA Safety and Health Standards for General 29 30 Industry (referred to herein as OSHA standards). 30 II 31 32 1.03 SUBMITTALS 32 33 33 II 34 A. Shop Drawings: 34 35 1. See Section 01340. 35 36 2. Fabrication and /or layout drawings: 36 37 a. Submit shop drawings for all fabrications and assemblies. 37 ' 38 3. Product technical data including: 38 39 a. Acknowledgement that products submitted meet requirements of 39 40 standards referenced. 40 ' 41 b. Manufacturer's installation instructions. 41 42 c. For grating, include manufacturer's standard allowable load 42 43 tables. 43 44 44 , 45 PART 2 - PRODUCTS 45 46 46 47 2.01 ACCEPTABLE MANUFACTURERS 47 II 48 49 A. Subject to compliance with the Contract Documents, the following 49 50 Manufacturers are acceptable: 50 II 51 1. Expansion anchors: 51 52 a. Hilti Inc. 52 53 b. Phillips Drill Co., Inc. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 05505 -3 ' 01 c. Wej -it. 01 02 2. Castings, trench covers and accessories: 02 ' 03 a. Neenah Foundry Co. 03 04 b. Deeter Foundry Co. 04 05 c. Barry Craft Construction Casting Co. 05 06 d. McKinley Iron Works. 06 II 07 3. All purpose metal framing: 07 08 a. Unistrut Building Systems'! �` 08 09 b. B -Line Systems. 09 ' 10 c. Allied Tube and Conduit. 10 11 d. Metal Products Div., USG Industries, Inc. 11 12 12 II 13 13 14 B. Submit requests for substitution in accordance with Specification Section 14 15 01640. 15 16 16 ' 17 2.02 MATERIALS 17 18 18 19 A. Steel: 19 II 20 1. Structural steel: ASTM A36. 20 21 2. Steel pipe: ASTM A53, Types E or S, Grade B. 21 22 3. Structural tubing: ASTM A500, Grade B. 22 II 23 4. Bolts, nuts and washers, high strength: ASTM A325. 23 24 a. Provide washers with all nuts. 24 25 5. Bolts and nuts unfinished: ASTM A307, Grade A. 25 26 a. Provide washers with all nuts. 26 I 27 28 6. Anchor bolts: ASTM A36. 27 7. Electrodes for welding steel: AWS A5.1, E70 Series. 28 29 8. Steel forgings: ASTM A668. 29 ' 30 31 B. Stainless Steel: 31 32 1. Stainless steel: ASTM A666, Type (316), Grade A. 32 33 2. Stainless steel bolts and nuts: ASTM F593, Type 303 or 304 with 33 I 34 minimum yield strength of 30,000 psi and minimum tensile strength of 34 35 70,000 psi. 35 36 36 I 37 C. Washers: Same material and alloy as found in accompanying bolts and 37 38 nuts. 38 39 39 ' 40 41 D. Galvanizing: ASTM Al23 or A525 with minimum coating of 1.5 OZ per square 40 foot. 41 42 42 43 E. Expansion Anchors: 43 II 44 1. Kwik -Bolt by Hilti, Red Head by Phillips Drill Co., or approved 44 45 equal. 45 46 46 ' 47 F. Adhesive Anchors: 47 48 1. Parabond capsule anchors by Molly; HVA anchors by Hilti; or approved 48 49 equal. 49 50 50 II 51 G. Headed Studs: ASTM A108 with a minimum yield strength of 50,000 psi and 51 52 a minimum tensile strength of 60,000 psi. 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 05505 -4 1 01 H. Deformed Bar Anchors: ASTM A496 with a minimum tensile strength of 01 1 02 80,000 psi and a minimum yield strength of 70,000 psi. 02 03 03 II 04 04 05 2.03 FABRICATION 05 06 06 07 A. Verify field conditions and dimensions prior to fabrication. 07 ' 08 08 09 B. Form materials to shapes indicated with straight lines, sharp angles, and 09 10 smooth curves. 10 t 11 11 12 C. Drill or punch holes with smooth edges. 12 13 13 II 14 D. Weld Permanent Shop Connections: 14 15 1. Welds to be continuous fillet type unless indicated otherwise. 15 16 2. Full penetration butt weld bends in stair stringers which are bent at 16 17 landings. 17 ' 18 3. Weld structural steel in accordance with AWS D1.1 using Series E70 18 19 electrodes conforming to AWS A5.1. 19 20 4. Weld aluminum in accordance with AWS D1.2. 20 II 5. Grind smooth welds that will be exposed. 21 22 22 23 E. Conceal fastenings where practicable. 23 II 24 24 25 F. Punch or drill for field connections and for attachment of work by other 25 26 trades. 26 27 P7 , 28 G. Fabricate work in shop in as large assemblies as is practicable. 28 29 29 30 H. Finishes: 30 II 1. See Section 09905 for preparation and painting of ferrous metals and 31 32 other surfaces. 32 33 33 34 34 1 35 PART 3 - EXECUTION 35 36 36 37 3.01 PREPARATION 37 ' 38 38 39 A. Prior to installation, inspect and verify condition of substrate. 39 40 Installation of product constitutes installer's acceptance of substrate 40 ' 41 condition for product compatibility. 41 42 42 43 B. Correct surface defects or conditions which may interfere with or prevent 43 II 44 a satisfactory installation. 44 45 45 46 3.02 INSTALLATION 46 47 48 II A. Set metal work level, true to line, plumb. 48 49 49 50 B. Shim and grout as necessary. 50 II 51 51 52 C. Bolt Field Connections: Where practicable, conceal fastenings. Grind 52 53 welds smooth where field welding is required. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 05505 -5 01 01 02 D. Unless noted or specified otherwise: 02 03 1. Connect steel members to steel members with 3/4 IN DIA high strength 03 04 bolts. 04 05 2. Connect aluminum to aluminum with 3/4 IN DIA aluminum bolts. 05 06 3. Connect aluminum to structural steel using 3/4 IN DIA stainless steel 06 07 bolts. Provide dissimilar metals protection. 07 08 4. Connect aluminum and steel members to concrete and masonry using 3/4 08 09 IN DIA stainless steel expansion bolts unless shown otherwise. 09 10 Provide dissimilar materials protection. 10 11 a. Expansion bolts to have a minimum embedment of 4 IN into concrete 11 12 and masonry unless indicated otherwise on Drawings. 12 13 13 14 E. Tighten ASTM A325 high- strength bolts in accordance with Section 05120. 14 15 1. Provide hardened washers for all ASTM A325 bolts. Provide the 15 16 hardened washer under the element (nut or bolt head) turned in 16 17 tightening. 17 18 18 19 F. Secure metal to wood with lag screws of adequate size with appropriate 19 20 washers. 20 21 21 22 G. Provide each fabricated item complete with attachment devices as 22 23 indicated or required to install. 23 24 24 25 H. Anchor aluminum and metal work so that work will not be distorted nor - 25 26 fasteners overstressed from expansion and contraction. 26 27 27 28 I. Paint ferrous metals in accordance with Section 09905. -- 28 29 29 30 30 31 END OF SECTION 31 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS DIVISION 11 EQUIPMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11060 -1 01 90H31 SECTION 11060 01 02 02 03 PUMPING EQUIPMENT: GENERAL REQUIREMENTS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Pumping equipment. 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 14 15 the Contract. 15 16 2. Division 1 - General Requirements. 16 17 3. Section 09905 - Painting and Protective Coatings. 17 18 4. Section 11005 - Equipment: General Requirements. 18 19 19 20 1.02 QUALITY ASSURANCE 20 21 21 22 A. Fully coordinate all mechanical seal systems specified to ensure pump and 22 23 seal compatibility. 23 24 24 25 1.03 DEFINITIONS 25 26 26 27 A. NPSHR - Net Positive Suction Head Required. 27 28 28 29 1.04 SUBMITTALS 29 30 30 31 A. Shop Drawings: 31 32 1. Submit sufficient copies for owner to retain 3 sets. 32 33 2. Product technical data including: 33 34 a. Acknowledgement that products submitted meet requirements of 34 35 standards referenced. 35 36 b. Manufacturer's installation instructions. 36 37 c. Pump accessories data. 37 38 d. Pump bearing supports, brackets, shafting details and lubrication 38 39 provisions. 39 40 e. Solids passage information. 40 41 41 42 B. Operation and Maintenance Manuals: 42 43 1. See Section 01340. 43 44 44 45 45 46 PART 2 - PRODUCTS 46 47 47 48 2.01 ACCESSORIES 48 49 49 50 A. See Section 11005. 50 51 51 52 52 53 PART 3 - EXECUTION 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 11060 -2 01 01 02 3.01 INSTALLATION 02 03 - 03 04 A. See Section 11005. 04 05 05 06 B. Floor or Pad - Mounted Units (Non - Submersible): 06 07 1. Align vertically and horizontally level, wedge and plumb units to 07 08 match piping interfaces. 08 09 2. Assure no unnecessary stresses are transmitted to equipment flanges. 09 10 3. Tighten flange bolts at uniform rate and manufacturer's recommended 10 11 torque for uniform gasket compression. 11 12 4. Support and match flange faces to uniform contact over entire face 12 13 area prior to bolting pipe flange and equipment. 13 14 5. Permit piping connecting to equipment to freely move in directions 14 15 parallel to longitudinal centerline when and while bolts in 15 16 connection flange are tightened. 16 17 6. Grout equipment into place prior to final bolting of piping but not 17 18 before initial fitting and alignment. 18 19 7. Assemble connecting piping with gaskets in place and minimum of four 19 20 bolts per joint installed and tightened. Test alignment by loosening 20 21 flange bolts to see if there is any change in relationship of piping 21 22 flange with equipment connecting flange. Realign as necessary, 22 23 install flange bolts and make equipment connection. 23 24 8. Field paint units as defined in Section 09905. 24 25 25 26 3.02 FIELD QUALITY CONTROL 26 27 27 28 A. Provide services of equipment manufacturer's field service 28 29 representative(s) to: 29 30 1. Inspect equipment covered by these Specifications. 30 31 2. Supervise pre -start adjustments and installation checks. 31 32 3. Conduct initial startup of equipment and perform operational checks. 32 33 4. Provide a written statement that manufacturer's equipment has been 33 34 installed properly, started up and is ready for operation by Owner's 34 35 personnel. 35 36 36 37 37 38 END OF SECTION 38 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 11078 -1 01 SECTION 11078 01 02 PUMPING EQUIPMENT: MODIFICATIONS TO EXISTING PLANT 02 03 WATER SYSTEM PUMPS AND APPURTENANCES 03 04 04 05 PART 1 - GENERAL 05 06 06 07 1.01 SUMMARY 07 08 08 09 A. Section Includes: 09 10 1. Modification to two (2) horizontal mount centrifugal plant water 10 11 system pumps, replacement of the motors for each the two pumps, and 11 12 related electrical work. 12 13 13 14 B. Related Sections include but are not necessarily limited to: 14 15 1. Division 1 - General Requirements 15 16 2. Section 11060 - Pumping Equipment: General Requirements 16 17 17 18 1.02 QUALITY ASSURANCE 18 19 19 20 A. Referenced Standards: 20 21 1. Hydraulic Institute Standards for Centrifigal, Rotary and 21 22 Reciprocating Pumps. 22 23 23 24 1.03 SUBMITTALS 24 25 25 26 A. Shop Drawings: 26 27 27 28 1. Requirements in Section 11060. 28 29 29 30 PART 2 - PRODUCTS 30 31 31 32 2.01 ACCEPTABLE MANUFACTURERS 32 33 33 34 A. Subject to compliance with the Contract Documents, the following 34 35 manufacturers are acceptable to provide new impellers for the plant water 35 36 system pumps. 36 37 1. Ingersoll Rand. 37 38 B. Submit requests for substitution in accordance with Section 01640. 38 39 39 40 2.02 MATERIALS 40 41 41 42 A. Pump Impellers: Bronze 42 43 B. Pump Wear Rings: Bronze 43 44 C. Mechanical Seals: Tungsten Carbide 44 45 45 46 2.03 PUMP CHARACTERISTICS 46 47 47 48 A. Impeller to provide curve that matches points listed below. 48 49 1. Design condition: 49 50 250 gpm @ 158' TDH and minimum efficiency of 66 %. 50 51 51 52 2. Low head condition: 52 53 350 gpm (10 percent) @ 130' TDH and minimum efficiency of 66%. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 11078 -2 1 01 01 ' 02 3. Minimum shutoff head 170' 02 03 03 II 04 B. Impeller to be specifically suited for installation in existing plant 04 05 water pumps. 05 06 06 07 2.04 MOTORS 07 ' 08 08 09 A. Minimum horsepower rating: 20 HP - 480v, 3ph. 1750 rpm. 09 10 B. Minimum efficiency: 91%. 10 II C. Housing: Weather protected, Type 1. 11 12 D. Space Heaters: Include 115v space heaters. 12 13 E. Other: Provide motors that can be mounted on existing pump and motor 13 II 14 frame with same shaft size as existing motor and same distance 14 15 from shaft centerline to base of motor. 15 16 16 17 2.05 ELECTRICAL WORK 17 II 18 18 19 1. Conform to all provisions of Section 16000 of the specifications, the 19 20 National Electrical Code, and Local Code requirements. 20 21 21 II 22 22 23 2.06 MAINTENANCE MATERIALS 23 ' 24 24 25 1. Furnish the Owner the following spare parts: 25 26 26 27 1 spare set of seals for each pump. 27 , 28 28 29 1 spare set of wear rings for each pump. 29 30 30 II PART 3 - EXECUTION 31 32 32 33 3.01 - INSTALLATION 33 II 34 34 35 A. Each of the two plant water pumps is to have the existing impeller and 35 36 seals replaced and a new motor installed on the existing frame. Larger 36 37 overload relays and circuit breakers shall be furnished and installed in 37 II 38 the pump control panel to allow it to serve the new motor. New power 38 39 conductors will be furnished and installed between the pump control panel 39 40 and the motors. Existing conductors for the motor heaters will be 40 II connected to heaters on the new motors. Operating pressure of the 41 42 pneumatic system will be revised such that maximum pressure is 65 psi and 42 43 minimum pressure is 50 psi. 43 II 44 44 45 B. FIELD QUALITY CONTROL 45 46 46 47 1. Work on the pumps shall be performed by technicians experienced in 47 II work on pumps. The company furnishing such technicians shall have 48 49 not less than five (5) years experience in the pump service business. 49 50 50 II 51 51 52 END SECTION 52 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11921 -1 01 SECTION 11921 01 02 02 03 CHEMICAL FEED: CHLORINE 03 04 04 05 PART 1 - GENERAL 05 06 06 07 1.01 SUMMARY 07 08 08 09 A. Section includes 09 10 1. Chlorinators. 10 11 2. Chlorine vacuum regulating valves with automatic switchover 11 12 capability. 12 13 3. Chlorine solution injectors. 13 14 4. Pressurized chlorine gas valves, connectors, unions, and accessories. 14 15 15 16 B. Related sections include, but are not necessarily limited to: 16 17 1. Bidding Requirements, Contract Forms, and General Conditions of the 17 18 Contract. 18 19 2. Division 1 - General Requirements. 19 20 3. Section 15061 - Pipe: Steel. 20 21 4. Section 15064 - Pipe: Plastic. 21 22 5. Section 15104 - Ball Val,yes •, y b „: ; ?.;✓oA.+ ,41 , 22 23 6. Division 16 - Electrical. • "' 23 24 24 25 1.02 QUALITY ASSURANCE 25 26 26 27 A. Referenced standards: 27 28 1. Chlorine Institute, New York, New York: 28 29 a. Chlorine Manual. 29 30 30 31 1.03 SUBMITTALS 31 32 32 33 A. Shop drawings: 33 34 1. Requirements in Section 01340. 34 35 2. Drawing showing installation in existing fiberglass enclosure. 35 36 36 37 B. Operation and maintenance manuals. 37 38 1. Requirements of Section 01340. 38 39 39 40 PART 2 - PRODUCTS 40 41 41 42 2.01 ACCEPTABLE MANUFACTURERS 42 43 43 44 A. Subject to compliance with the Contract Documents, the following 44 45 manufacturer is acceptable: 45 46 1. Wallace and Tiernan - "W &T ". 46 47 47 48 B. Submit requests for substitutions in accordance with Section 01640. 48 49 49 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 11921 -2 01 2.02 GENERAL REQUIREMENTS 01 02 02 03 A. All products shall be specifically designed for use with chlorine gas or 03 II 04 aqueous chlorine solution, as appropriate, or else shall have a 04 05 documented history of use (5 years minimum) in such environments. 05 06 06 07 2.03 CHLORINATIONS 07 , 08 08 09 A. Model: W &T model V -2000 or approved equal. 09 10 10 11 B. Chlorine capacity: 2,000 pounds per day, each. 11 12 12 13 C. Chlorinator features: 13 14 1. Supply and discharge pressure (vacuum) gauges. 14 15 2. Mechanically actuated, variable -area orifice flow regulating device 15 16 with a pressure - differential regulating valve. 16 17 3. Vacuum relief valve. 17 II 4. Rotameter flow indicator. Furnish each chlorinator equipped 18 19 with a 1,000 pound per day rotameter and a 500 pound per day 19 1 20 rotameter in a box. .. 20 II 5. Corrosion resistant enclosure with removable front, suitable for wall 21 22 mounting in fiberglass enclosure. 22 23 14 AD -1 Item 1. Section 11921, Paragraph 2.03 C., Page 11921 -2. Add the following as line 23. k 24 II `15`,' 4( — 25 16 ' "6. The unit shall be designed such that the both banks of containers will 26 17 . automatically be on line during high demand periods that create a high 27 II 18_. _ _ . . . -.„' chlorine vacuum and such that both banks of containers can manually be'__ 28 19 p laced on line." 3o:- - ia -- utz..� .p......... 1 i30 II 31 1. Vacuum regulating valves reduce the pressure of the chlorine gas from 31 f 32 the container pressure to a vacuum. :32 33 33 34 B. Chlorine capacity: 2,000 pounds per day (each) 34 I 35 35 36 C. Features: 36 37 1. Manual gas shut -off. 37 II 2. Filter- equipped. 38 39 3. Secondary gas check valve to stop gas flow should primary vacuum 39 40 regulating valve stick open. 40 II 41 4. Provide automatic switch over capability. 41 42 42 43 2.05 SOLUTION INJECTORS 43 44 44 II 45 A. Description: 45 46 1. Injectors use potable water flowing through a venturi to create a 46 47 vacuum in a port in the throat of the venturi through which chlorine 47 II gas is drawn. 48 49 2. Chlorine gas mixes with the water and forms an aqueous chlorine 49 50 solution which is transported to the point of application. 50 II 51 51 52 B. Design Operating Conditions: 52 53 1. Injectors: 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 II 01 -1 - -- t:,--- a. Chlorine capacity: 1,000 pounds per day 01 02 b. Inlet pressure: 40 PSI 02 03 c. Discharge (Back) pressure: 15 PSI 03 04 d. Discharge: 50 GPM 04 05 05 06 C. Construction: 06 11 07 1. Injector: 07 08 a. PVC construction: I " 08 09 b. 2 IN variable throat. 09 I 10 10 11 2.06 PRESSURIZED CHLORINE GAS VALVES, CONNECTORS, UNIONS, AND ACCESSORIES 11 12 12 I 13 A. Auxiliary Ton Cylinder Valves: 13 14 1. Inlet: captive yoke connection to container valve. 14 15 2. Outlet: 1 IN straight pipe thread, male. 15 16 3. Materials: bronze, brass, Monel, and aluminum - silicon bronze; Teflon 16 II 17 packing. 17 18 4. Valve configuration: 90 DEG angle. 18 19 5. Quantity: 4 19 ' 20 20 21 B. Flexible Cylinder Connectors: 21 22 1. Connections: 3/4 IN straight pipe thread, female, both ends. 22 ' 23 2. Materials: soft -drawn seamless copper tubing, brass or bronze 23 24 25 3 . cuaneci or. s . <<� , };; t;„ „ 1' y 24 Quantity: 25 26 26 II 27 C. Header Valves: 27 28 1. Inlet: 1 IN straight pipe thread, male. 28 29 2. Outlet: 1 IN NPT, male. 29 II 30 3. Materials: Monel, brass, and aluminum - silicon bronze; Teflon 30 31 packing. 31 32 4. Valve configuration: 90 DEG angle. 32 33 5. Quantity: 4 33 34 34 35 D. Line Valves: 35 36 1. Inlet and outlet: 1 IN NPT, female, approved for chlorine gas. 36 ' 37 2. Materials: Forged steel, brass, bronze, and Monel; Teflon packing. 37 38 3. Valve configuration: straight. 38 39 4. Quantity - See drawings. 39 ' 40 40 41 E. Unions: 41 42 1. Inlet and outlets: 1 IN NPT, female. 42 II 44 2. Type: 2 bolt "Ammonia" unions with chlorine resistant gaskets. 43 44 3. Materials: forged steel. 44 45 45 46 F. Pressure Piping: 46 47 1. Steel, ASTM A -53, Grade B 47 48 2. Threaded, Schedule 80 48 49 49 50 G. Vacuum Piping 50 51 1. PVC, Schedule 80 51 52 52 53 H. Gauges: 53 1 1 11921 -3 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 11921 -4 1 01 1. Diaphragm -type, fluorocarbon oil filled. 01 ' 02 2. Pressure or vacuum range as shown on the plans. 02 03 3. Inlet: 1/4 IN NPT, male. 03 II 04 04 05 2.07 SOLUTION VALVE 05 06 06 07 A. Line Valves 07 ' 08 1. PVC - True Union ball valves. 08 09 2. Full port 09 10 3. Rated @ 150 psi @ 73 ° F. 10 II 11 11 12 2.08 CHLORINE GAS DETECTOR AND ALARM 12 13 13 II A. Gas Sensor 14 15 1. Diffusion type requiring no eletrolyte. 15 16 2. W & T Model 52 or approved equal. 16 17 B. Alarm Module 17 II 1. Three independent alarm relays. 18 19 2. Relay setpoints adjustable from 1 to 10 ppm. 19 20 3. Three lights on module, one light for power on, one light for danger 20 II 21 (flashing), and one for alarm. 21 22 4. Unit to be housed in NEMA 4XABS enclosure. 22 23 5. Unit to be W & T model 5152 or approved equal. 23 II 25 PART 3 - EXECUTION W ET hfii4t _ 3/Llg4- 24 25 26 26 27 3.01 GENERAL 27 II 28 29 A. Conform to the requirements of Section 11005. 29 30 30 ' 31 B. Install piping and valves, and make all connections, in accordance with 31 32 the recommendations of the Chlorine Manual and manufacturer's 32 33 recommendations. 33 34 34 II 35 3.02 FIELD QUALITY CONTROL 35 36 36 37 A. Employ and pay for the services of equipment manufacturer's field service 37 II representative(s) to: 38 39 1. Inspect equipment covered by these specifications. 39 40 2. Supervise adjustments and installation checks. 40 II 41 3. Conduct initial start -up of equipment and perform operational checks. 41 42 4. Certify that manufacturer's equipment has been installed properly, 42 43 started up, and is ready for operation. 43 44 5. Instruct Owner's personnel for 8 hours at jobsite on operation and 44 45 maintenance. 45 II 46 46 47 END OF SECTION 47 , EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11922 -1 01 SECTION 11922 01 02 CHEMICAL FEED: SULFUR DIOXIDE 02 03 03 04 04 05 PART 1 - GENERAL 05 06 06 07 1.01 SUMMARY 07 08 08 09 A. Section includes: 09 10 1. Sulfonators. 10 11 2. Sulfur dioxide vacuum regulating valves. 11 12 3. Sulfur dioxide solution injectors. 12 13 4. Sulfur dioxide cylinder heating blanket. 13 14 5. Sulfur dioxide connectors. 14 15 15 16 B. Related sections include, but are not necessarily limited to: 16 17 1. Bidding Requirements, Contract Forms, and General Conditions of the 17 18 Contract. 18 19 2. Division 1 - General Requirements 19 20 3. Section 11005 - Equipment: General Requirements 20 21 4. Section 15060 - Pipe and Pipe Fittings. 21 22 5. Division 16 - Electrical 22 23 23 24 1.02 SUBMITTALS 24 25 25 26 A. Shop drawings: 26 27 1. Requirements in Section 01340. 27 28 2. Drawings showing installation of chlorinators, piping, 28 29 valves, and accessories in existing fiberglass enclosure. 29 30 30 31 B. Operation and maintenance manuals. 31 32 1. Requirements in Section 01340. 32 33 33 34 PART 2 - PRODUCTS 34 35 35 36 2.01 ACCEPTABLE MANUFACTURERS 36 37 37 38 A. Subject to compliance with the Contract Documents, the following 38 39 manufacturers are acceptable: 39 40 1. Wallace and Tierman - "W & T " (sulfonators and accessories). 40 41 2. Onolog, Inc. (Sulfur dioxide cylinder heater blankets). 41 42 42 43 B. Submit requests for substitutions in accordance with Section 01640. 43 44 44 45 2.02 GENERAL REQUIREMENTS 45 46 46 47 A. All products shall be specifically designed for use with sulfur dioxide 47 48 gas or aqueous sulfur dioxide solution, as appropriate, or else shall 48 49 have a documented history of use (5 years minimum) in such environments. 49 50 50 51 2.03 SULFONATORS 51 52 52 53 A. Model: V2000 or approved equal. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 11922 -2 1 01 01 1 02 B. Sulfur dioxide capacity: 2000 pounds per day, each. 02 03 03 ' 04 C. Sulfonator features: 04 05 1. Mechanically actuated, variable -area orifice flow regulating device 05 06 with a pressure - differential regulating valve. 06 07 2. Rotameter flow indicator. 07 , 08 3. Wall mounted in a corrosion resistant enclosure with removable front. 08 09 4. Rotameter flow indicator. Provide units equipped with a 500 pound 09 10 per day rotameter and a 200 pound per day rotameter in a box. 10 II 11 12 D. Automatic controller: 12 13 1. Flow proportional (linear), 4 -20 mA input signal. 13 II 14 2. NEMA 12 enclosure. 14 15 3. Switch - selectable LED indicator showing percent of fully open valve 15 16 position. 16 17 4. Manual override. 17 II 18 5. Fully- closed position alarm contacts. 18 19 6. Dosage control potentiometer. 19 20 7. Wall- mounted. 20 II 21 22 2.04 VACUUM REGULATING VALVES 22 23 23 II 24 A. Description: 24 25 1. Vacuum regulating valves reduce the pressure of the sulfur dioxide 25 26 gas from the container pressure to a gage vacuum, to include 26 27 automatic switchmer and heater with regulating valve. 27 II 28 28 29 B. Sulfur dioxide capacity: 475 pounds per day (each) 29 30 30 ' 31 C. Features: 31 32 1. Manual gas shut -off. 32 33 2. Flow indicator. 33 , 34 3. Pressure relief valve. 34 35 4. Ton - cylinder mounted. 35 36 36 37 2.05 SOLUTION INJECTORS 37 , 38 38 39 A. Description: 39 40 1. Injectors use potable water flowing through a venturi to create a 40 II 41 vacuum in a port in the throat of the venturi though which sulfur 41 42 dioxide gas is drawn. 42 43 2. Sulfur dioxide gas mixes with the water and forms an aqueous sulfur 43 II 44 dioxide solution which is transported to the point of application. 44 45 45 46 B. Design Operating Conditions: 46 47 1. Sulfur dioxide capacity: 475 pounds per day 47 II 2. Inlet pressure: 40 PSI (minimum) 48 49 3. Discharge (Back) Pressure: 10 PSI 49 50 4. Discharge: 30 GPM 50 II 51 51 52 C. Construction: 52 53 1. Anti - siphon design. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11922 -3 01 2. 1 -1/4 IN. NPT water inlet and solution outlet. 01 02 3. 5/8 IN. NPT gas inlet. 02 03 4. PVC Construction. 03 04 04 05 2.06 SULFUR DIOXIDE CYLINDER HEATING BLANKETS 05 06 06 07 A. Furnish two one -ton sulfur dioxide heater blankets as follows: 07 08 1. Strap -on type using velcro closures. 08 09 2. UL Listed. 09 10 3. Suitable for use in outdoor areas with corrosive environments. 10 11 4. Temperature rise limited by a metallic element set to open below the 11 12 maximum permissible sulfur dioxide cylinder temperature. 12 13 13 14 2.07 SULFUR DIOXIDE CYLINDER CONNECTORS 14 15 15 16 A. Flexible Cylinder Connectors: 16 17 1. Connections: Straight pipe thread, female, both ends. 17 18 2. Materials: soft -drawn seamless copper tubing. 18 19 19 20 PART 3 - EXECUTION 20 21 21 22 3.01 GENERAL - 22 23 23 24 A. Install piping and valves, and make all connections, in accordance with 24 25 the manufacturer's recommendations. 25 26 — 26 27 3.02 INSTALLATION ' 27 28 28 29 A. Install sulfonators and accessories inside the fiberglass enclosure and .1 29 30 mount securely to the walls. 30 31 1. Provide for removal and servicing. 31 32 2. Install all piping in straight runs with a minimum of bends and 32 33 fittings. 33 34 3. Arrange equipment neatly in a logical, organized manner. 34 35 4. Provide adequate pipe supports and brackets to prevent pipe and 35 36 equipment vibration or movement. 36 37 37 38 B. Secure the enclosure to the concrete slab using stainless steel expansion 38 39 bolts as recommended by the enclosure manufacturer. 39 40 40 41 3.03 FIELD QUALITY CONTROL 41 42 42 43 A. Employ and pay for the services of equipment manufacturer's field service 43 44 representative(s) to: 44 45 1. Inspect equipment covered by these specifications. 45 46 2. Supervise adjustments and installation checks. 46 47 3. Conduct initial start -up of equipment and perform operational checks. 47 48 4. Certify that manufacturer's equipment has been installed properly, 48 49 started up, and is ready for operation. 49 50 5. Instruct Owner's personnel for 8 hours at jobsite on operation and 50 51 maintenance. 51 52 52 53 END OF SECTION 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS DIVISION 15 MECHANICAL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15010 -1 01 90F8 SECTION 15010 01 02 02 03 MECHANICAL: GENERAL REQUIREMENTS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Mechanical equipment. 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 14 15 the Contract. 15 16 2. Division 1 - General Requirements. 16 17 3. Section 09905 - Painting and Protective Coatings. 17 18 4. Division 16 - Electrical. 18 19 19 20 1.02 QUALITY ASSURANCE 20 21 21 22 A. Comply with requirements of Section 11005. 22 23 23 24 B. Perform work in strict accordance with rules, regulations, codes, 24 25 ordinances, or laws of Local, State, and Federal governments, or of other 25 26 authorities having lawful jurisdiction. Such rules, regulations, codes, 26 27 ordinances, or laws include but are not necessarily limited to the • 27 28 following: 28 29 1. State building and fire codes. 29 30 2. State plumbing and mechanical codes. 30 31 3. City building and fire codes. 31 32 4. City plumbing and mechanical codes. 32 33 5. National Electric Code (NEC). 33 34 6. National Fire Protection Association (NFPA). 34 35 7. Occupational Safety and Health Act (OSHA). 35 36 36 37 C. Referenced Standards: 37 38 1. American National Standards Institute (ANSI): 38 39 a. 840.1, Gauges- Pressure Indicating Dial Type Elastic Element. 39 40 2. American Society of Mechanical Engineers (ASME). 40 41 3. American Society for Testing and Materials (ASTM): 41 42 a. A36, Specification for Structural Steel. 42 43 4. Factory Mutual Association (FM). 43 44 5. Instrument Society of America (ISA): 44 45 a. S20, Specification Forms for Process Measurement and Control 45 46 Instruments, Primary Elements and Control Valves. 46 47 6. National Electric Manufacturers Association (NEMA). 47 48 48 49 1.03 SUBMITTALS 49 50 50 51 A. See Section 01340. 51 52 52 53 B. Submit copies of any manufacturer's written directions regarding 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15010 -2 1 01 equipment and material handling, installation, operation and maintenance. 01 1 02 02 03 - C. Detail connections in work. 03 II 04 04 05 D. Locate and dimension equipment items with reference to other items of 05 06 work accurately. 06 07 07 1 08 E. Operation and Maintenance Manuals: 08 09 1. See Section 01340. 09 10 10 ' 11 1.04 PERMITS 11 12 12 13 A. Permits, Fees, Licenses, and Inspections: 13 1 14 1. Make arrangements for, obtain, and pay for necessary permits, 14 15 licenses, and inspections. Pay necessary fees in conjunction with 15 16 mechanical work. 16 17 17 ' 18 18 19 PART 2 - PRODUCTS 19 20 20 1 21 2.01 MATERIALS 21 22 22 23 A. Unions: 23 1 24 1. Provide union between valves and connection to each item as required 24 25 to make up or disconnect piping. Install unions to facilitate 25 26 removal of parts, equipment of fixtures, for inspection or cleaning. 26 27 Install in position which will permit device, fixture or part to be 27 ' 28 removed without disconnecting piping except unions. 28 29 2. Use unions of type and material specified under each piping 29 30 specification. 30 1 31 3. Where mechanical type couplings are used, they may serve as unions. 31 32 Make connections between couplings and flanged equipment with flanges 32 33 and flexible couplings. 33 II 34 4. At flanged connections additional flange unions are not required. 34 35 Make connections to flanged valves and equipment using ANSI type 35 36 flanges. Use flanges, rated 125 psi. In no case shall flange 36 37 pressure ratings be less than equipment served or system operating 37 1 38 pressure. Where 150 LB steel flanges mate with 125 LB cast -iron flat 38 39 face flanges, use flat face steel flanges with full face gaskets. 39 40 40 II B. Vents: 41 42 1. Pipe vents from pressure regulating devices in compliance with 42 43 applicable codes. 43 1 44 44 45 C. Pipes and Anchors: 45 46 1. Provide pipe supports where required. 46 47 2. Furnish and install pipe anchors as indicated, or as required to 47 II permit complete installation of system. Do not anchor piping to 48 49 metal and plaster or gypsum wallboard partition walls. 49 50 3. Anchors of sufficient strength structural shapes and stainless steel 50 1 51 rods with turnbuckles are acceptable unless detailed otherwise. 51 52 4. Provide hanger rod anchoring devices, installed in concrete, of hard 52 53 metal type which do not depend on soft lead for their holding power. 53 i EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15010 -3 01 01 02 D. Equipment Anchors: 02 03 1. Comply to requirements of Section 11005. 03 04 .... . . , , 04 05 E. Pressure Gages: 05 06 1. Furnish and install pressure gages on discharge of each pump and at 06 07 locations indicated on Drawings. Provide each gage with a 150 LB 07 08 bronze gate valve at the point of connection to equipment. Pressure 08 09 gages shall be Ashcroft Industrial Type - 1009 or approved equal. 09 10 10 11 a. Construct case, ring, bourdon tube, socket, angle valve, and 11 12 connection tubing of stainless steel. Shutoff valves and 12 13 connection tubing shall be 1/2 IN NPT. 13 14 b. Unless otherwise required by codes, provide 4 -1/2 IN diameter 14 15 dial units stem mounted. Equip with white faces, black numerals 15 16 and black pointers. Provide glass window and nickel silver 16 17 pinion movement. 17 18 c. Provide pressure gages with pressure range of 200 percent of 18 19 normal operation. Furnish compound type pump suction gages with 19 20 minimum range of 10 psi. 20 21 d. Provide a continuous duty chemical protector on all lines 21 22 containing corrosive chemicals and as indicated on Drawings. 22 23 Construct housing of stainless steel, Teflon diaphragm seal and 23 24 plugged flush connection. Use glycerine filling fluid. 24 25 e. Ensure gage tapping position is clear of equipment functions and 25 26 movements, and location is protected from maintenance and 26 27 operation of equipment. Ensure gage is readable from an 27 28 accessible standing position. - 28 29 = 29 30 2. Use gages conforming to ANSI specifications. Identify each gage with 30 31 tag. 31 32 3. Use pressure gages suitable for service intended. Install siphons in 32 33 accord with gage manufacturer's recommendations and best practices of 33 34 trade. 34 35 35 36 F. Electric Wiring, Motors and Controls: 36 37 1. Comply to requirements of Sections 11005 and 13440 and Division 16. 37 38 38 39 39 40 PART 3 - EXECUTION 40 41 41 42 3.01 INSTALLATION 42 43 43 44 A. Cutting, Fitting, Repairing, Patching, and Finishing: 44 45 1. Arrange and pay for cutting, fitting, repairing, patching, and 45 46 finishing of work of other trades where it is necessary to disturb 46 47 such work to permit installation of mechanical work. Perform work 47 48 only with craftsmen skilled in their respective trades. 48 49 2. Avoid cutting, insofar as possible, by setting sleeves, frames, and 49 50 related work and by requesting openings in advance. Assist other 50 51 trades in securing correct location and placement of rough- frames, 51 52 sleeves, openings, and related work for piping. 52 53 3. Before cutting obtain permission from Engineer. Cut holes neatly and 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15010 -4 01 as small as possible to admit work. Include cutting where sleeves or 01 02 openings have been omitted. Perform cutting in manner so as not to 02 03 weaken walls, partitions or floors. Drill holes cut in floors 03 04 without breaking out around holes. 04 05 4. Where cutting of holes through reinforced concrete is necessary, cut 05 06 by rotary type drill. Use of pneumatic hammer type drills, impact 06 07 type electric drills, and hand or manual hammer type drills will not 07 08 be allowed. Locate holes so as not to affect structural sections 08 09 such as ribs or beams. Layout holes in advance and perform drilling 09 10 only after approval by Engineer. 10 11 5. Where alterations are necessary, including outside trenching, 11 12 disturbing lawns, walks, paving, etc., or where new or old work join, 12 13 cut, remove, patch, repair and restore adjacent surfaces and leave in 13 14 as good condition as existed prior to start of work. 14 15 15 16 B. Installation of Equipment: 16 17 1. Comply to requirements of Section 11005. 17 18 2. Use galvanized structural steel installed in areas of high humidity 18 19 or locations where moisture may collect due to condensation. 19 20 3. Use structural steel members conforming to ASTM A36. Furnish with 20 21 shop coat of red lead primer. Retouch primer after field welding. 21 22 22 23 C. Provisions for Later Installation: 23 24 1. When mechanical work can not be installed as structure is being 24 25 erected, provide and arrange for building -in of boxes, sleeves, 25 26 insets, fixtures or devices necessary to permit installation later. 26 27 Lay out chases, holes or other openings which must be provided in 27 28 masonry, concrete or other work. 28 29 2. Verify nature and arrangements of materials and construction to which 29 30 this work attaches or passes through. 30 31 31 32 D. Access to Equipment for Maintenance: 32 33 1. Install equipment and piping in such manner as to permit access for 33 34 normal maintenance. Maintain easy access to motors, drives, 34 35 compressors, and arrange piping, conduit, and related work to 35 36 facilitate maintenance. Perform relocation of pipes and other 36 37 obstacles required to permit access at request of Engineer at no 37 38 additional cost to Owner. 38 39 39 40 E. Painting: 40 41 1. See Section 09905. 41 42 2. If factory finish on equipment is damaged in shipment or during 42 43 construction, refinish equipment to satisfaction of Engineer. 43 44 44 45 3.02 FIELD QUALITY CONTROL 45 46 46 47 A. Performance Tests: 47 48 1. On date predetermined and agreed upon by manufacturer, Engineer, and 48 49 Installer, prior to acceptance of installation by Owner, conduct 49 50 various tests witnessed by Engineer to determine operational and 50 51 functional acceptability of equipment installed. Tests will 51 52 determine that items of equipment and materials installed fully meet 52 53 requirements as to type, quality, design, and performance as 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15010 -5 01 stipulated in Contract Documents. If any work performed or any 01 02 equipment furnished and installed is found to be defective take 02 03 remedial measures and arrange for new tests at no extra cost to 03 04 Owner. If, after retests, installation is still found to be 04 05 inadequate, remove defective equipment and reinstall equipment of 05 06 operational adequacy to satisfy Engineer that Contract Documents have 06 07 been satisfied. Perform this work at no additional cost to Owner. 07 08 08 09 END OF SECTION 09 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 90L13 SECTION 15060 01 02 02 03 PIPE AND PIPE FITTINGS: GENERAL REQUIREMENTS 03 04 04 05 PART 1 - GENERAL 05 06 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Process piping systems. 11 12 2. Utility piping systems. 12 13 3. Plumbing piping systems. 13 14 14 15 B. Related Sections include but are not necessarily limited to: 15 16 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 16 17 the Contract. 17 18 2. Division 1 - General Requirements. 18 19 3. Section 02221 - Trenching, Backfilling, and Compacting for Utilities. 19 20 4. Section 09905 - Painting and Protective Coatings. 20 21 21 22 22 23 1.02 QUALITY ASSURANCE 23 24 24 25 A. Referenced Standards: 25 26 1. American National Standards Institute (ANSI): 26 27 a. B16.3, Malleable Iron Threaded Fittings. 27 28 b. B16.9, Factory -Made Wrought Steel Butt - Welding Fittings. 28 29 c. B16.12, Cast Iron Threaded Drainage Fittings. 29 30 d. B16.22, Wrought Copper and Bronze Solder - Joint Pressure 30 31 Fittings. 31 32 e. B40.1, Gauges - Pressure Indicating Dial Type - Elastic Element. 32 33 f. C110, Ductile Iron and Gray Iron Fittings, 3 IN through 48 IN for 33 34 Water and Other Liquids. 34 35 g. C115, Flanged Ductile Iran Pipe with Threaded Flanges. 35 36 h. C151, Ductile -Iron Pipe, Centrifugally Cast In Metal Molds or 36 37 Sand -Lined Molds for Water or Other Liquids. 37 38 i. C207, Standard for Steel Pipe Flanges for Waterworks Service - 38 39 Sizes 4 IN through 144 IN. 39 40 2. American Society for Testing and Materials (ASTM): 40 41 , a. A53, Standard Specification for Pipe, Steel, Black and 41 42 Hot - Dipped, Zinc - Coated Welded and Seamless. 42 43 b. A74, Cast -Iron Soil Pipe and Fittings. 43 44 c. A106, Standard Specification for Seamless Carbon Steel Pipe for 44 45 High- Temperature Service. 45 46 d. A197, Standard Specification for Cupola Malleable Iron. 46 47 e. A234, Standard Specification for Pipe Fittings of Wrought Carbon 47 48 Steel and Alloy Steel for Moderate and Elevated Temperatures. 48 49 f. D1785, Specification for Rigid Poly Vinyl Chloride (PVC) 49 50 Compounds and Chlorinated Poly Vinyl Chloride (CPVC) Compounds. 50 51 g. D2466, Socket Type (PVC) Plastic Pipe Fittings, Schedule 40. 51 52 h. D2467, Socket Type (PVC) Plastic Pipe Fittings, Schedule 80. 52 53 i. D2513, Thermoplastic Gas Pressure Pipe, Tubing, and Fittings. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15060 -1 15060 -2 01 j. F438, Standard Specification for SOcket -Type Chlorinated 01 02 Poly(Vinyl Chloride) (CPVC) Plastic Pipe Flttings, Schedule 40. 02 03 k. F439, Standard Specification for Socket -Type Chlorinated 03 II Poly(Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40. 04 05 1. F441, Standard Specification for Chlorinated Poly(Vinyl Chloride) 05 06 (CPVC) Plastic Pipe, Schedules 40 and 80. 06 ' 07 3. American Water Works Association (AWWA): 07 08 a. B300, Standard for Hypochlorites. 08 09 b. C111, Rubber - Gasket Joints for Ductile Iron and Gray Iron 09 10 Pressure Pipe and Fittings. 10 ' 11 c. C200, Steel Water Pipe 6 IN and Larger. 11 12 d. C207, Steel Pipe Flanges for Waterworks Service - Sizes 4 IN 12 13 through 144 IN. 13 II 4. National Fire Protection Association (NFPA). 14 15 5. Underwriters Laboratory, Inc (UL). 15 16 16 17 17 II 18 1.03 SUBMITTALS 18 19 19 20 A. Shop Drawings: 20 , 21 1. See Section 01340. 21 22 2. Fabrication and /or layout drawings: 22 23 a. Interior piping drawings (minimum scale 1/8 IN equals 1 FT) with 23 , 24 information including: 24 25 1) Dimensions of piping and end connections. 25 26 2) Invert or centerline dimensions. 26 II 27 3) Location and type of pipe supports and anchors. 27 28 4) Locations of valves and valve operator type. 28 29 5) Details of fittings, tapping locations, equipment 29 30 connections, flexible expansion joints, connections to 30 , 31 equipment, and related appurtenances. 31 32 6) Acknowledgement of valve and equipment tag numbers and 32 33 instrument tag numbers. 33 ' 34 7) Provisions for expansion and contraction. 34 35 8) Line slopes and air release vents. 35 36 b. Schedule of interconnections to existing piping. 36 37 38 3. Product technical data including: 37 ' a. Acknowledgement that products submitted meet requirements of 38 39 standards referenced. 39 40 b. Copies of manufacturer's written directions regarding material 40 ' 41 handling, delivery, storage and installation. 41 42 c. Master schedule showing piping appurtenances, pipe size, schedule 42 43 of pipe, type linings and coatings. 43 , 44 d. Technical product data on piping appurtenances. 44 45 45 46 B. Operation and Maintenance Manuals: 46 47 1. See Section 01340. 47 ' 48 48 49 49 50 1.04 DELIVERY, STORAGE, AND HANDLING 50 II 51 52 A. Protect pipe coating during handling using methods recommended by 52 53 manufacturer. Use of bare cables, chains, hooks, metal bars or narrow 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 skids in contact with coated pipe is not permitted. 01 02 02 03 B. Prevent damage to pipe during transit. Repair abrasions, scars, and 03 04 blemishes. If repair of satisfactory quality cannot be achieved, replace 04 05 damaged material immediately. t' c 05 06 06 07 07 08 PART 2 - PRODUCTS 08 09 09 10 2.01 ACCEPTABLE MANUFACTURERS 10 11 11 12 12 13 A. Subject to compliance with the Contract Documents, the following 13 14 Manufacturers are acceptable: 14 15 1. Insulating unions: 15 16 a. "Dielectric" by Epco 16 17 b. Or approved equal. 17 18 2. Heat tracing: 18 19 a. Chemelex. 19 20 b. Or approved equal. 20 21 3. Dirt strainers (Y type): 21 22 a. Mueller (No.351). • 22 23 b. Sarco. 23 24 c. Armstrong. 24 25 d. Or approved equal. 25 26 4. Gages: 26 27 a. Ashcroft. 27 28 b. Or approved equal. 28 29 29 30 B. Submit requests for substitution in accordance with Specification Section 30 31 01640. 31 32 32 33 2.02 COMPONENTS AND ACCESSORIES 33 34 34 35 35 36 A. Insulating Components: 36 37 1. Insulating flanges: 37 38 a. Flat faced 1/8 IN thick dielectric asbestos for temperatures up 38 39 to 700 DegF. 39 40 b. 1/32 IN wall thickness spiral wound mylar bolt sleeves. 40 41 c. 1/8 IN thick high strength phenolic insulating washers. 41 42 2. Dielectric unions: 42 43 a. Screwed unions rated at 250 psi for pipe sizes 2 -1/2 IN and over. 43 44 b. Provide with dielectric gaskets suitable for continuous operation 44 45 at fluid temperatures to 240 DegF. 45 46 46 47 B. Heat Tracing: 47 48 1. Provide electric heat tracing on pipe systems for freeze protection 48 49 or process temperature maintenance to locations shown on Drawings or 49 50 specified. 50 51 2. Heat tape: Is self- limiting, parallel circuit construction, 51 52 consisting of an inner core of conductive material between parallel 52 53 copper bus wires, with inverse temperature conductivity 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15060 -3 15060 -4 1 II 01 characteristics. 01 02 3. Provide all necessary components, e.g., end seals, straps, tape, and 02 03 fitting brackets. 03 II 4. Provide components and installations approved for area 04 05 classifications shown on Drawings. 05 06 5. Provide and connect thermostats. 06 II 07 6. Place warning signs indicating line is heat traced on insulation at 07 08 ten FT intervals. 08 09 09 10 C. Dirt Strainers: 10 11 1. Provide Y -type strainers to locations shown on Drawings or scheduled. 11 II 12 2. Furnish composition bronze strainers rated for working pressure and 12 13 temperature of system in which they are installed. 13 II 3. Provide a 20 mesh monel screen. 14 15 4. Install a threaded bronze plug in the blowoff outlet. 15 16 5. Furnish threaded NPT end connections. 16 II 17 17 18 D. Protective Coating and Lining: 18 19 1. Include pipe, fittings, and appurtenances, where coatings, linings, 19 20 paint, tests and other items are stated. 20 21 2. Field paint pipe in accordance with Section 09905. 21 II 22 22 23 E. Pressure Gages: 23 II 24 1. Provide on piping systems as shown on Contract Drawings and 24 25 specified. • 25 26 2. Provide each gage with a 250 LB stainless steel needle valve at the 26 27 point of connection to equipment or piping. Provide a second valve 27 II 28 if the gage is panel mounted for use at a panel. 28 29 3. All components: Suitable for service at 200 psig and 250 DegF. 29 30 4. Pressure gages: Glycerine liquid filled. Provide glycerine filled 30 31 gage case. 31 II 32 5. Material for case, ring, bourdon tube, socket, angle valve, and 32 33 connection tubing: Stainless steel. 33 II 34 6. Needle valves and connection tubing: 34 35 a. 1/4 IN NPT on 2 -1/2 IN dial size. 35 36 b. 1/2 IN on 4 -1/2 IN dial size. 36 37 7. Calibrate gages at jobsite for pressure and temperature in accordance 37 , 38 with manufacturer's instructions. 38 39 8. Unless otherwise required by codes, provide stem - mounted or 39 40 flush- mounted units with dial diameter as follows: 40 ' 41 41 42 PIPE SIZE DIAL SIZE 42 43 43 II 44 1 -1/2 IN or less 2 -1/2 IN 44 45 Larger than 1 -1/2 IN 4 -1/2 IN 45 46 46 47 9. Colors: 47 II a. Faces: White. 48 49 b. Numerals: Black. 49 50 c. Pointers: Black. 50 ' 51 10. Pressure range: 200 percent of normal operation. Furnish compound 51 52 type gages on equipment suction which show at least 10 psi vacuum. 52 53 11. Provide stainless steel pulsation dampeners on all gage applications 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15060 -5 01 which involve positive displacement equipment. 01 02 12. Provide stainless steel protector to separate process fluid from the 02 03 pressure element on all gages except potable and recycle water, and 03 04 air systems. Furnish protector type listed below: 04 05 ,s , 4 ,t 05 06 06 07 07 08 08 09 GAGE APPLICATION PROTECTOR PROTECTOR FLUID 09 10 10 11 C12, SO Ashcroft Type halocarbon 11 12 200 Diaphragm 12 13 seal or equal. 13 14 14 15 All compound gages Ashcroft Type silicone 15 16 (excluding those 200 Diaphram 16 17 applications listed seal or equal. 17 18 above) 18 19 19 20 All others Ashcroft Type glycerine 20 21 200 Diaphragm 21 22 seal or equal. 22 23 23 24 13. Provide diaphragm seal housing of stainless steel construction. 24 25 14. Provide 1/2 IN stainless steel antisiphon pigtail inlet connection for 25 _ 26 hot water applications. 26 27 15. Gage accuracy: Within 1 percent. !' 27 28 - 28 29 PART 3 - EXECUTION 29 1 30 - 30 31 31 32 3.01 EXTERIOR PIPING INSTALLATION 32 33 33 34 34 35 A. Enter and exit through structure walls, floors, and ceilings by using 35 36 wall penetrations as required to provide a neat finish. 36 37 37 38 B. Install expansion devices as necessary to allow expansion and contraction 38 39 movement. 39 40 40 41 3.02 INTERIOR PIPING INSTALLATION 41 42 42 43 43 44 A. Install piping in vertical and horizontal alignment. 44 45 45 46 B. Alignment of piping smaller than 4 IN is not shown. However, install 46 47 according to Drawing intent and with ample clearance and allowance for: 47 48 1. Expansion and contraction. 48 49 2. Operation and access to equipment, doors, windows, hoists, moving 49 50 equipment. 50 51 3. Headroom and walking space for working areas and aisles. 51 52 4. System drainage and air removal. 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15060 -6 II 01 C. Enter and exit through structure walls, floor and ceilings using wall 01 , 02 penetrations that result in neat and sound finish. 02 03 03 II 04 D. Install vertical piping runs plumb and horizontal piping runs parallel 04 05 with structure walls. 05 06 06 07 E. Use methods of piping support as required. Where pipes run parallel and 07 ' 08 at same elevation or grade, they may be grouped and supported from common 08 09 trapeze -type hanger, provided hanger rods are increased in size as 09 10 specified for total supported weight. The pipe in the group requiring 10 II the least maximum distance between supports shall set the distance 11 12 between trapeze hangers. 12 13 13 II 14 F. Locate and size sleeves required for piping system. 14 15 15 16 G. Use reducing fittings throughout piping systems. Bushings will not be 16 17 allowed unless specifically approved. 17 , 18 18 19 H. Unions: 19 20 1. Provide unions within 2 FT of each threaded end valve and at each 20 , 21 piece of equipment. 21 22 2. Install in position which will permit valve or equipment to be 22 23 removed without dismantling adjacent piping. 23 24 3. Mechanical type couplings may serve as unions. 24 25 4. Additional flange unions are not required at flanged connections. 25 26 26 27 I. Install expansion devices as necessary to allow expansion /contraction 27 .11 28 movement. 28 29 29 30 J. Provide easily accessible drainpoints for all utility piping to allow 30 II complete drainage of system. 31 32 32 33 K. Coordinate work to avoid piping over electrical componets or provide 33 34 minimum 16 GA 316 stainless steel drain pans under piping to protect the 34 II 35 electric components. Slope and pipe these pans to drains. 35 36 36 37 L. Vent Piping Installation: 37 , 38 1. Run vent stack parallel to each soil or waste stack to receive branch 38 39 vents from fixtures. 39 40 2. Originate each vent stack from soil or waste pipe at its base. 40 41 3. Where possible, combine soil, waste or vent stacks before passing 41 II 42 through roof so as to minimize roof openings. 42 43 4. Offset pipes running close to exterior walls away from such walls 43 ' 44 before passing through roof to permit proper flashing. 44 45 5. Provide pipes passing through roofs with cast iron increasers minimum 45 46 of 12 IN below roof one size larger than pipe but in no case less 46 47 than 4 IN. 47 II 6. Terminate each vent with approved frostproof jacket. 48 49 7. Carry vent stacks 4 IN and larger full size through roof. Extend 49 50 vent stacks at least 12 IN above roofing. 50 II 51 8. Pipe vents from pressure regulating devices in compliance with local 51 52 codes. 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15060 -7 01 M. Anchorage and Blocking: 01 02 1. Block, anchor, or harness exposed piping subjected to forces, in 02 03 which mechanical, push on, flexible, or similar joints are installed, 03 04 to prevent separation of joints and transmission of stress into 04 05 equipment or structural components not designed to resist those 05 06 stresses. 06 07 „ 07 08 N. Equipment Pipe Connections: 1 08 09 1. Exercise care in bolting flanged joints so that there is no restraint 09 10 on the opposite end of pipe or fitting which would prevent uniform 10 11 gasket pressure at connection or would cause unnecessary stresses to 11 12 be transmitted to equipment flanges. 12 13 2. Where push -on joints are used in conjunction with flanged joints, 13 14 final positioning of push -on joints shall not be made until flange 14 15 joints have been tightened without strain. 15 16 3. Tighten flange bolts at uniform rate which will result in uniform '16 17 gasket compression over entire area of joint. Provide tightening 17 18 torque in accordance with manufacturer's recommendations. 18 19 4. Support and match flange faces to uniform contact over their entire 19 20 face area prior to installation of any bolt between the piping flange 20 21 and equipment connecting flange. 21 22 5. Permit piping connecting to equipment to freely move in directions 22 23 parallel to longitudinal centerline when and while bolts in 23 24 connection flange are tightened. 24 25 6. Align, level, and wedge equipment into place during fitting and 25 26 alignment of connecting piping. 26 27 7. Grout equipment into place prior to final bolting of piping but not 27 28 before initial fitting and alignment. 28 29 8. To provide maximum flexibility and ease of alignment, assemble 29 30 connecting piping with gaskets in place and minimum of four bolts per 30 31 joint installed and tightened. Test alignment by loosening flange 31 32 bolts to see if there is any change in relationship of piping flange 32 33 with equipment connecting flange. Realign as necessary, install 33 34 flange bolts and make equipment connection. 34 35 9. Provide utility connections to equipment shown on Drawings, scheduled 35 36 or specified. 36 37 37 38 0. Provide insulating components where dissimilar metals are joined 38 39 together. 39 40 40 41 P. Assure gage tapping position is clear of equipment functions and 41 42 movements, and location is protected from maintenance and operation of 42 43 equipment. Assure gage is readable from an accessible standing position. 43 44 44 45 3.03 CONNECTIONS WITH EXISTING PIPING 45 46 46 47 47 48 A. Where connection between new work and existing work is made, use suitable 48 49 and proper fittings to suit conditions encountered. 49 50 50 51 B. Perform connections with existing piping at time and under conditions 51 52 which will least interfere with service to customers affected by such 52 53 operation. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15060 -8 01 01 02 C. Undertake connections in fashion which will disturb system as little as 02 03 possible. 03 04 04 05 D. Provide suitable equipment and facilities to dewater, drain, and dispose 05 06 of liquid removed without damage to adjacent property. 06 07 07 08 E. Where connections to existing systems necessitate employment of past 08 09 installation methods not currently part of trade practice, utilize 09 10 necessary special piping components. 10 11 11 12 F. Once tie -in to each existing system is initiated, continue work 12 13 continuously until tie -in is made and tested. 13 14 14 15 3.04 FIELD QUALITY CONTROL 15 16 16 17 17 18 A. General: 18 19 1. Test all piping systems upon completion of piping and prior to 19 20 application of insulation on exposed piping or covering concealed or 20 21 buried piping. 21 22 2. Isolate equipment which may be damaged by the specified pressure test 22 23 conditions. 23 '24 3. Perform pressure test using calibrated pressure gages and calibrated 24 25 volumetric measuring equipment to determine leakage rates. Select 25 26 each gage so that the specified test pressure falls within the upper 26 27 half of the gage's range. Notify the Engineer 24 HRS prior to each 27 28 test. P8 29 4. Completely assemble and test new piping systems prior to connection 29 30 to existing pipe systems, unless otherwise specified. 30 31 5. Acknowledge satisfactory performance of tests and inspections in 31 32 writing to Engineer prior to final acceptance. 32 33 6. Provide all necessary equipment and perform all work required in 33 34 connection with the tests and inspections. 34 35 7. Bear the cost of all testing and inspecting, locating and remedying 35 36 of leaks and any necessary retesting and re- examination. 36 37 37 38 B. Pressure Testing Methods and Criteria: 38 39 1. Types of pressure testing and inspection to be employed include 39 40 hydrostatic pressure testing, cylinder water pumped compressed air or 40 41 cylinder nitrogen testing, low pressure air testing, and hydrostatic 41 42 infiltration /exfiltration testing. 42 43 2. Gas and air systems: 43 44 a. Unless otherwise specified in Piping Specification Schedule, 44 45 utilize the following testing medium for gas and air systems. 45 46 46 47 SPECIFIED 47 48 PIPE LINE SIZE TEST PRESSURE TESTING MEDIUM 48 49 49 50 2 IN and smaller 75 psi or less Air or water 50 51 2 IN and smaller Greater than 75 psi Water For Liquid 51 52 Nitrogen or 52 53 Compressed Air 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 15060 -9 01 For Gas 01 02 02 03 b. The allowable leakage rate for hazardous gas systems, systems 03 04 receiving insulation, and systems tested with water is zero at 04 05 the specified test pressure throughout the specified test period. 05 06 Hazardous gas systems include digester gas, chlorine, and 06 07 natural gas systems. 07 08 c. The allowable leakage" rate 'for systems tested with air shall be 08 09 based on a maximum pressure drop of 5 percent of the specified 09 10 test interval using air, assure air is at ambient temperature and 10 11 specified test pressure. 11 12 3. Liquid systems: 12 13 a. The following liquid piping systems shall have zero 13 14 leakages at the specified test pressure throughout the specified 14 15 duration: 15 16 1) Exposed piping. 16 17 2) Buried insulated piping and buried or exposed pressure piping. 17 18 4. Hydrostatic pressure testing: 18 19 a. All joints, including welds, are to be left exposed for 19 20 examination during the test. Provide additional temporary 20 21 supports for piping systems designed for vapor or gas to support 21 22 the weight of the test water. 22 23 b. Provide temporary restraints for expansion joints for additional 23 24 pressure load under test. Equipment in piping system with rated 24 25 pressure lower than pipe test pressure shall be isolated by valves 25 26 or blind flanges. s 26 27 c. Do not paint or insulate exposed piping unt successful 27 28 performance of pressure test. 28 29 d. Test soil, waste, drain and vent piping at completion of 29 30 installation of each stack or section of piping by filling system 30 31 with water to highest point and checking joints and fittings for 31 32 leaks. Leaks must be eliminated before proceeding with work or 32 33 concealing piping. Minimum test heights shall be 10 FT. 33 34 34 35 3.05 CLEANING 35 36 36 37 37 38 A. Cleaning: 38 39 1. Clean interior of piping systems thoroughly before installing. 39 40 2. Maintain pipe in clean condition during installation. 40 41 3. Before jointing piping, thoroughly clean and wipe joint contact 41 42 surfaces and then properly dress and make joint. 42 43 4. Immediately prior to pressure testing, clean and remove grease, metal 43 44 cuttings, dirt, or other foreign materials which may have entered the 44 45 system. 45 46 5. At completion of work and prior to Final Acceptance, thoroughly clean 46 47 work installed under these Specifications. Clean equipment, 47 48 fixtures, pipe, valves, and fittings of grease, metal cuttings, and 48 49 sludge which may have accumulated by operation of system, from 49 50 testing, or from other causes. Repair any stoppage or discoloration 50 51 or other damage to parts of building, its finish, or furnishings, due 51 52 to failure to properly clean piping system, without cost to Owner. 52 53 6. Clean chlorine piping by pulling a cloth saturated with 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15060 -10 01 trichlorethylene or other suitable chlorinated solvent through each 01 02 length of pipe. Disassemble valves and clean with suitable solvent. 02 03 All surfaces which may come in contact with chlorine gas shall be 03 04 thoroughly dry, and free of oil or grease before placing in service. 04 05 05 06 3.06 GENERAL PIPING SCHEDULE 06 07 07 08 08 09 Service Type Pipe 09 10 Chlorine Solution or Water PVC, Schedule 80 10 11 Chlorine, Pressure Steel, Schedule 80 11 12 Chlorine, Vacuum PVC, Schedule 80 12 13 Sulfur Dioxide, Vacuum PVC, Schedule 80 13 14 14 15 15 16 END OF SECTION 16 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15061 -1 01 89E30 SECTION 15061 01 02 02 03 PIPE: STEEL 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Steel pipe, fittings, and appurtenances. 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 14 15 the Contract. 15 16 2. Division 1 - General Requirements. 16 17 3. Section 09905 - Painting and Protective Coatings. 17 18 4. Section 15060 - Pipe and Pipe Fittings: General Requirements. 18 19 19 20 1.02 QUALITY ASSURANCE 20 21 21 22 A. Referenced Standards: 22 23 1. American National Standards Institute (ANSI): 23 24 a. 81.1, Unified Inch Screw Threads (UN and UNR Thread Form). 24 25 b. B2.1, Gages and Gaging for Unified Inch Screw Threads. 25 26 c. B16.3, Malleable Iron Threaded Fittings. 26 27 d. B16.5, Pipe Flanges and Flanged Fittings. 27 28 e. B16.9, Factory -Made Wrought Steel Butt - Welding Fittings. 28 29 f. 816.11, Forged Steel Fittings, Socket Welding and Threaded. 29 30 2. American Society for Testing and Materials (ASTM): 30 31 a. A53, Standard Specification for Pipe, Steel, Black and 31 32 Hot - Dipped, Zinc - Coated Welded and Seamless. 32 33 b. A234, Standard Specification for Pipe Fittings of Wrought Carbon 33 34 Steel and Alloy Steel for Moderate and Elevated Temperatures. 34 35 c. A307, Standard Specification for Carbon Steel Bolts and Studs, 35 36 60,000 psi Tensile Strength. 36 37 d. D1330, Rubber Sheet Gaskets. 37 38 3. American Water Works Association (AWWA): 38 39 a. C200, Steel Water Pipe 6 IN and Larger. 39 40 b. C203, Coat Tar Protective Coatings and Linings for Steel water 40 41 Pipeline - Enamel and Tape - Hot Applied. 41 42 c. C205, Standard for Cement - Mortar Lining and Coating for Steel 42 43 Water Pipe 4 IN and Larger Shop Applied. 43 44 d. C206, Field Welding of Steel Water Pipe. 44 45 e. C207, Steel Pipe Flanges for Waterworks Service, Sizes 4 IN 45 46 through 144 IN. 46 47 f. C208, Dimensions for Fabricated Steel Water Pipe Fittings. 47 48 48 49 B. Qualifications: 49 50 1. Application of lining and coating materials including preparation of 50 51 surfaces, priming, and lining and coating of pipe, fittings, and 51 52 specials , in shop, repairs of any damage to lining or coating 52 53 occurring during shipment or any other time, and field lining and 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15061 -2 01 coating of ends where linings or coatings have been held back for 01 02 welded field joints, shall be done by established and recognized pipe 02 03 company acceptable to Engineer. 03 04 2. Use only certified welders meeting procedures and performance 04 05 outlined in Section 9 of the ASME, Section 3.3.3 of AWWA C200 and 05 06 other codes and requirements per local building and utility 06 07 requirements. 07 08 08 09 1.03 SUBMITTALS 09 10 10 11 A. Shop Drawings: 11 12 1. See Section 15060. 12 13 2. Factory test reports. 13 14 3. If mechanical coupling system is used, submit piping, fittings, and 14 15 appurtenant items which will be utilized. 15 16 4. Coating manufacturer's qualifications. 16 17 5. Welders certificates. 17 18 18 19 19 20 PART 2 - PRODUCTS 20 21 21 22 2.01 ACCEPTABLE MANUFACTURERS 22 23 23 24 A. Subject to compliance with the Contract Documents, the following 24 25 Manufacturers are acceptable: 25 26 1. Flanged adaptors: 26 27 a. Rockwell (Style 913 (steel)). 27 28 b. Dresser (Style 128 (steel)). 28 29 c. Or approved equal. 29 30 2. Insulating couplings: 30 31 a. Rockwell (Style 416). 31 32 b. Dresser (Style 39). 32 33 c. Or approved equal. 33 34 3. Reducing couplings: 34 35 a. Rockwell (Style 415). 35 36 b. Dresser (Style 62). 36 37 c. Or approved equal. 37 38 4. Transition coupling: 38 39 a. Rockwell (Style 413). 39 40 b. Dresser (Style 62). 40 41 c. Or approved equal. 41 42 5. Compression sleeve coupling: 42 43 a. Rockwell (Style 411 (steel)). 43 44 b. Dresser (Style 38 (steel)). 44 45 c. Or approved equal. 45 46 46 47 B. Submit requests for substitution in accordance with Specification Section 47 48 01640. 48 49 49 50 2.02 MATERIALS 50 51 51 52 52 53 A. Steel Pipe (Mill Type): 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 1. ASTM A53, Type E or S. 01 02 02 03 B. Fittings (For Mill Type Pipe): 03 04 1. ASTM A234. 04 05 2. ANSI 616.3. 05 06 3. ANSI B16.5. 06 07 4. ANSI B16.9. 07 08 5. ANSI B16.11. 08 09 09 10 C. Flanges (Mill Type Pipe): 10 11 1. ANSI B16.5, Class 150. 11 12 2. Flat faced. 12 13 3. Slip -on flanges. 13 14 14 15 D. Nuts and Bolts: 15 16 1. Hot - dipped zinc galvanized steel meeting ASTM A307, Grade A or B. 16 17 2. Heads and dimensions per ANSI B1.1. 17 18 3. Threaded per ANSI B1.1. 18 19 4. For mechanical couplings: ASTM A183 or ASTM A194. 19 20 5. Two nuts provided for one inch diameter bolt and larger applications. 20 21 6. Project ends 1/4 to 1/2 IN beyond nuts. 21 22 • 22 23 E. Gaskets: Butyl or EPDM - 150 to 300 DegF. 23 24 24 25 F. See piping schedules in Section 15060. 25 26 26 27 2.03 MANUFACTURED UNITS 27 28 28 29 A. Couplings: 29 30 1. Flanged adaptors: 30 31 a. Unit consisting of steel or carbon steel body sleeve, flange, 31 32 followers, Grade 30 rubber gaskets, and ASTM A307 bolts and nuts. 32 33 b. Provide units equal to those specified in Article 2.01. 33 34 c. Supply flanges meeting standards of adjoining flanges. 34 35 d. Entire assembly to be rated for test pressure specified on Piping 35 36 Schedule for each respective application. 36 37 2. Compression sleeve coupling: 37 38 a. Unit consisting of steel sleeve, followers Grade 30 rubber 38 39 gaskets, and ASTM A307 nuts and bolts. 39 40 b. Provide units equal to those specified in Article 2.01. 40 41 c. Supply flanges meeting standards of adjoining flanges. 41 42 d. Entire assembly to be rated for test pressure specified on Piping 42 43 Schedule for each respective application. 43 44 e. Provide field coating for buried couplings per AWWA C203. 44 45 45 46 46 47 2.04 FABRICATION 47 48 48 49 A. Provide piping (mill or fabricated) for use in this Project with minimum 49 50 wall thicknesses as follows: 50 51 1. 1/8 - 5 IN DIA pipe: Schedule 80. 51 52 B. Furnish cast parts with lacquer finish compatible with finish coating. 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15061 -3 15061 -4 1 01 C. Furnish without outside coating of bituminous material any exposed pipe 01 ' 02 scheduled to be painted. 02 03 03 II 04 PART 3 - EXECUTION 04 05 05 06 3.01 INSTALLATION 06 07 07 ' 08 A. Install products in accordance with manufacturer's instructions. 08 09 09 10 B. Joining Method - Welded Joints: 10 II 1. Perform welding in accordance with AWWA C206 and this Section. 11 12 2. For flange attachment perform in accordance with AWWA C207. 12 13 3. Have each welding operator affix an assigned symbol to all his welds. 13 II 14 Mark each longitudinal joint at the extent of each operator's 14 15 welding. Mark each circumferential joint, nozzle, or other weld into 15 16 places 180 degrees apart. 16 17 18 4. Welding for all process piping shall conform with ANSI B31.3. 17 II Welding of utility piping 125 psi and less shall be welded per ANSI 18 19 B31.9. Utility piping above 125 psi shall conform to ANSI B31.1. 19 20 5. Provide caps, tees, elbows, reducers, etc. manufactured for welded 20 ' 21 applications. 21 22 6. Weldolets may be used for 5 IN•and larger pipe provided all slag is 22 23 removed from inside the pipe. 23 II 24 7. Weld -in nozzles may be used for branch connections to mains and where 24 25 approved by Engineer. 25 26 8. Use all long radius welding elbows for expansion loops and bends. 26 27 28 9. Use long radius reducing welding elbows 90 degree bends and size 27 II changes are required. 28 29 29 30 C. Joining Method - Couplings: 30 II 1. Compression sleeve: 31 32 a. Install coupling to allow space of not less than 1/4 IN but not 32 33 more than 1 IN. 33 II 34 b. Provide harnessed joint. Use joint harness arrangements detailed 34 35 in AWWA M11. 35 36 c. Design harness assembly with adequate number of tie rods for test 36 37 pressures indicated in Section 15060 and allow for expansion of 37 II pipe. 38 39 d. Provide ends to be joined or fitted with compression sleeve 39 40 couplings of the plain end type. 40 II 41 e. Grind smooth welds the length of one coupling on either side of 41 42 joint to be fitted with any coupling. 42 43 f. Assure that outside diameter and out -of -round tolerances are 43 II 44 within limits required by coupling manufacturer. 44 45 2. Mechanical coupling: 45 46 a. Arrange piping so that pipe ends are in full contact. 46 47 b. Groove and shoulder ends of piping in accordance with 47 II 48 manufacturer's recommendations. 48 49 c. Provide coupling and grooving technique assuring a connection 49 50 which passes pressure testing requirements. 50 II 51 51 52 D. Joining Method - Threaded and Coupled (T /C): 52 53 1. Provide T/C end conditions that meet ANSI B2.1 requirements. 53 II EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 2. Furnish pipe with factory -made T/C ends. 01 02 3. Field cut additional threads full and clean with sharp dies. 02 03 4. Leave not more than three pipe threads exposed at each branch 03 04 connection. 04 05 5. Ream ends of pipe after threading and before assembly to remove 05 06 burrs. 06 07 6. Use teflon thread tape on male thread in mating joints. 07 08 �° t. :qr a.10, .,4v, 08 09 E. Support exposed piping in accordance with Section 15060. 09 10 10 11 11 12 3.02 FIELD QUALITY CONTROL 12 13 13 14 A. Test piping systems in accordance with Section 15060. 14 15 15 16 END OF SECTION 16 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15061 -5 15064 -1 01 89B1 SECTION 15064 01 02 02 03 PIPE: PLASTIC 03 04 04 05 05 06 PART 1 - GENERAL - 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Plastic pipe. 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 14 15 the Contract. 15 16 2. Division 1 - General Requirements. 16 17 3. Section 15060 - Pipe and Pipe Fittings: General Requirements. 17 18 18 19 1.02 QUALITY ASSURANCE 19 20 20 21 A. See Section 15060. 21 22 22 23 B. Referenced Standards: 23 24 1. American Society for Testing and Materials (ASTM): 24 25 a. PVC (polyvinyl chloride) materials: 25 26 1) D1784, Rigid Poly(vinyl Chloride)(PVC) Compounds and 26 27 Chlorinated Poly(vinyl Chloride). 27 28 2) D1785, Poly(vinyl Chloride) PVC Plastic Pipe (Schedules 40, 28 29 80 and 120). 29 30 3) D2241, (PVC) Plastic Pipe (SDR -PR and Class T). 30 31 4) D2464, Threaded (PVC) Plastic Pipe Fittings, Schedule 80. 31 32 5) D2466, Socket Type (PVC) Plastic Pipe Fittings, Schedule 40. 32 33 6) D2467, Socket Type (PVC) Plastic Pipe Fittings, Schedule 80. 33 34 7) D2564, Solvent Cements for (PVC) Plastic Pipe, Tubing, and 34 35 Fittings. 35 36 b. Installation: 36 37 1) D2855, Making Solvent Cemented Joints with PVC Pipe and 37 38 Fittings. 38 39 c. Special pipe and methods: 39 40 1) D2513, Thermoplastic Gas Pressure Pipe, Tubing, and Fittings. 40 41 2) D2517, Reinforced Thermosetting Gas Pressure Piping and 41 42 Fittings. 42 43 43 44 1.03 SUBMITTALS 44 45 45 46 A. See Section 15060. 46 47 47 48 48 49 PART 2 - PRODUCTS 49 50 50 51 2.01 PVC PRESSURE PIPING (EXPOSED) 51 52 52 53 A. General: Provide Schedule 80 pipe with Schedule 80 fittings and 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15064 -2 ' 01 appurtenances to locations shown on Drawings. Furnish materials in full 01 ' 02 compliance to following material specifications: 02 03 1. Manufacture pipe, fittings and appurtenances from polyvinyl chloride 03 , 04 (PVC) compound which meets the requirements of Type 1, Grade 1 04 05 (12454 -B) Polyvinyl Chloride as outlined in ASTM D1784. 05 06 2. Manufacture pipe, fittings and valves from materials that have been 06 07 tested and approved for conveying potable water by the National 07 II Sanitation Foundation (NSF). 08 09 09 10 B. Pipe: Furnish pipe meeting requirements of ASTM D1785. Pipe 2 IN and 10 ' 11 less to be solvent welded. Pipe larger than 2 IN may be either flanged 11 12 or solvent welded unless shown otherwise on Drawings. 12 13 13 II fl4 C. Fittings: Provide ASTM D2467 PVC socket type fittings having the same 14 15 pressure and temperature rating as the pipe. 15 16 16 17 D. Flanges /Unions: Furnish flanges and unions at locations shown on 17 ' 18 Drawings. Provide either flanges or unions at valves, penetrations 18 I9 through structures and equipment connections. For pipe larger than 2 IN, 19 20 provide 150 LB socket type PVC flange. For pipe 2 IN and less, provide 20 ' 21 socket type PVC union with buna 0- rings. 21 22 1. Use flat, full faced natural rubber gaskets at flanged connections. 22 23 Furnish heavy hex head bolts, each with one heavy hex nut, ASTM F593 23 , 24 Type 316 stainless steel. 24 25 2. Use spacers supplied.by pipe manufacturer when mating raised -faced 25 26 flanges to other flanges. 26 27 27 ' 28 E. Installation: 28 29 1. Field threading PVC will not be permitted. Perform required threaded 29 30 connections or attachments by the use of factory molded socket by 30 II 31 threaded adapters. 31 32 2. Employ installation and pipe support practices and solvent welding 32 33 all in compliance to the manufacturer's printed recommendation. 33 34 Continuously support PVC piping at liquid operating temperatures in 34 , 35 excess of 100 DegF. For vertical piping, band the pipe at intervals 35 36 to rigidly support load of twice vertical load. Support riser clamps 36 37 on spring hangers. Do not clamp PVC tightly or restrict movement for 37 II expansion and contraction. 38 39 39 40 40 II 41 PART 3 - EXECUTION 41 42 42 43 3.01 IDENTIFICATION 43 44 44 II 45 A. Identify each length of pipe clearly at intervals of 5 FT or less. 45 46 Include manufacturer's name and trademark. Nominal size of pipe, 46 47 appurtenant information regarding polymer cell classification and 47 II critical identifications regarding performance specifications, and "NSF" 48 49 approvals when applicable. 49 50 51 II 51 END OF SECTION 51 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15064 -1 01 8981 SECTION 15064 01 02 02 03 PIPE: PLASTIC 03 0 4 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY t rF 08 09 09 10 A. Section Includes: 10 11 1. Plastic pipe. 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 14 15 the Contract. 15 16 2. Division 1 - General Requirements. 16 17 3. Section 15060 - Pipe and Pipe Fittings: General Requirements. 17 18 18 19 1.02 QUALITY ASSURANCE 19 20 20 21 A. See Section 15060. 21 22 22 23 B. Referenced Standards: 23 24 1. American Society for Testing and Materials (ASTM): 24 25 a. PVC (polyvinyl chloride) materials: 25 26 1) D1784, Rigid Poly(vinyl Chloride)(PVC) Compounds and 26 27 Chlorinated Poly(vinyl Chloride). 27 28 2) D1785, Poly(vinyl Chloride) PVC Plastic Pipe (Schedules 40, _ 28 29 80 and 120). 29 30 3) D2241, (PVC) Plastic Pipe (SDR -PR and Class T). - 30 31 4) D2464, Threaded (PVC) Plastic Pipe Fittings, Schedule 80. 31 32 5) D2466, Socket Type (PVC) Plastic Pipe Fittings, Schedule 40. 32 33 6) D2467, Socket Type (PVC) Plastic Pipe Fittings, Schedule 80. 33 34 7) D2564, Solvent Cements for (PVC) Plastic Pipe, Tubing, and 34 35 Fittings. 35 36 b. Installation: 36 37 1) D2855, Making Solvent Cemented Joints with PVC Pipe and 37 38 Fittings. 38 39 c. Special pipe and methods: 39 40 1) D2513, Thermoplastic Gas Pressure Pipe, Tubing, and Fittings. 40 41 2) D2517, Reinforced Thermosetting Gas Pressure Piping and 41 42 Fittings. 42 43 43 44 1.03 SUBMITTALS 44 45 45 46 A. See Section 15060. 46 47 47 48 48 49 PART 2 - PRODUCTS 49 50 50 51 2.01 PVC PRESSURE PIPING (EXPOSED) 51 52 52 53 A. General: Provide Schedule 80 pipe with Schedule 80 fittings and 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 15064 -2 01 appurtenances to locations shown on Drawings. Furnish materials in full 01 II 02 compliance to following material specifications: 02 03 1. Manufacture pipe, fittings and appurtenances from polyvinyl chloride 03 ' 04 (PVC) compound which meets the requirements of Type 1, Grade 1 04 05 (12454 -B) Polyvinyl Chloride as outlined in ASTM D1784. 05 06 2. Manufacture pipe, fittings and valves from materials that have been 06 II 07 tested and approved for conveying potable water by the National 07 08 Sanitation Foundation (NSF). 08 09 09 10 B. Pipe: Furnish pipe meeting requirements of ASTM D1785. Pipe 2 IN and 10 ' 11 less to be solvent welded. Pipe larger than 2 IN may be either flanged 11 12 or solvent welded unless shown otherwise on Drawings. 12 13 13 II C. Fittings: Provide ASTM D2467 PVC socket type fittings having the same 14 15 pressure and temperature rating as the pipe. 15 16 16 II 17 D. Flanges /Unions: Furnish flanges and unions at locations shown on 17 18 Drawings. Provide either flanges or unions at valves, penetrations 18 19 through structures and equipment connections. For pipe larger than 2 IN, 19 20 provide 150 LB socket type PVC flange. For pipe 2 IN and less, provide 20 II socket type PVC union with buna 0- rings. 21 22 1. Use flat, full faced natural rubber gaskets at flanged connections. 22 23 Furnish heavy hex head bolts, each with one heavy hex nut, ASTM F593 23 ' 24 Type 316 stainless steel. 24 25 2. Use spacers supplied by pipe manufacturer when mating raised -faced 25 26 flanges to other flanges. 26 27 27 ' 28 E. Installation: 28 29 1. Field threading PVC will not be permitted. Perform required threaded 29 30 connections or attachments by the use of factory molded socket by 30 II threaded adapters. 31 32 2. Employ installation and pipe support practices and solvent welding 32 33 all in compliance to the manufacturer's printed recommendation. 33 II 34 Continuously support PVC piping at liquid operating temperatures in 34 35 excess of 100 DegF. For vertical piping, band the pipe at intervals 35 36 to rigidly support load of twice vertical load. Support riser clamps 36 II 37 on spring hangers. Do not clamp PVC tightly or restrict movement for 37 38 expansion and contraction. 38 39 39 40 40 II PART 3 - EXECUTION 41 42 42 43 3.01 IDENTIFICATION 43 II 44 44 45 A. Identify each length of pipe clearly at intervals of 5 FT or less. 45 46 Include manufacturer's name and trademark. Nominal size of pipe, 46 47 appurtenant information regarding polymer cell classification and 47 ' 48 critical identifications regarding performance specifications, and "NSF" 48 49 approvals when applicable. 49 50 50 II END OF SECTION 51 EAST WASTEWATER TREATMENT. PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 DIVISION 16 ELECTRICAL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16010 -1 01 92805 SECTION 16010 01 02 02 03 ELECTRICAL: GENERAL REQUIREMENTS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. General requirements for electrical work. 11 12 B. Install and wire all prepurchased equipment and perform all 12 13 tests necessary to assure conformance to the Drawings and 13 14 Specifications and assure that equipment is ready and safe 14 15 for energization. 15 16 16 17 C. Related Sections include but are not necessarily limited to: 17 18 1. Division 0 - Bidding Requirements, Contract Forms, and 18 19 Conditions of the Contract. 19 20 2. Division 1 - General Requirements. 20 21 3. Section 09905 - Painting and Protective 21 22 Coatings. 22 23 4. Division 15 - Mechanical. 23 24 24 25 D. Drawings Use and Interpretation: 25 26 1. Drawings indicate the intended location and arrangement 26 27 of electrical equipment and the approximate location of 27 28 other equipment requiring electrical work. 28 29 a. For exact locations of building elements, refer to 29 30 dimensioned architectural /structural drawings. 30 31 b. Field measurements take precedence over dimensioned 31 32 drawings. 32 33 2. Drawings are used to indicate area classifications. 33 34 34 35 E. Installation of all systems and equipment is subject to 35 36 clarification as indicated in reviewed shop drawings and 36 37 field coordination drawings. 37 38 38 39 F. Dimensions indicated for electrical equipment and dimensions 39 40 indicated for the installation of electrical equipment are 40 41 restrictive dimensions. 41 42 42 43 1.02 AREA CLASSIFICATIONS 43 44 44 45 A. Outdoor locations may contain wet, corrosive and hazardous 45 46 areas: 46 47 1. Corrosive and hazardous areas are identified on the 47 48 Drawings. 48 49 a. Areas not identified as such shall be considered wet. 49 50 50 51 B. Indoor locations may contain unclassified, damp, wet, 51 52 corrosive and hazardous areas: 52 53 1. Damp, wet, corrosive and hazardous areas are identified 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16010 -2 01 on the Drawings. 02 a. Areas not identified as such shall be considered 03 unclassified. 04 05 1.03 DEFINITIONS 06 07 A. Outdoor Areas: 08 1. Those locations on the Project site where the equipment 09 is normally exposed to wind, dust, rain, snow, etc. 10 11 B. Indoor Areas: 12 1. Those locations on the Project site where the equipment 13 is normally protected from wind, dust, rain, snow, etc. 14 15 C. Shop Fabricated: 16 1. Manufactured or assembled equipment for which a UL test 17 procedure has not been established. 18 19 1.04 QUALITY ASSURANCE 20 21 A. Referenced Standards: 22 1. American Iron and Steel Institute (AISI): 23 a. Steel Products Manual - Stainless and Heat Resisting 24 Steel. 25 2. American National Standards Institute (ANSI): 26 a. C2, National Electrical Safety Code. 27 3. American Society for Testing and Materials (ASTM): 28 a. A36, Specification for Structural Steel. 29 b. A153, Zinc Coating (Hot -Dip) on Iron and Steel 30 Hardware. 31 4. Factory Mutual System (FM): 32 a. A Guide to Equipment, Materials and Services. 33 5. Institute of Electrical and Electronics Engineers (IEEE): 34 a. 141, Recommended Practice for Electrical Power 35 Distribution for Industrial Plants. 36 b. 242, Recommended Practice for Protection and 37 Coordination of Industrial and Commercial Power 38 Systems. 39 6. National Electrical Manufacturers Association (NEMA): 40 a. ICS -6, Enclosures for Industrial Controls and 41 Systems. 42 7. National Fire Protection Association (NFPA): 43 a. 70, National Electrical Code (NEC), 1990 Edition: 44 1) 110, Requirements for Electrical Installations. 45 2) 200, Use and Identification of Grounded 46 Conductors. 47 3) 210, Branch Circuits. 48 4) 215, Feeders. 49 5) 220, Branch Circuit and Feeder Calculations. 50 6) 225, Outside Branch Circuits and Feeders. 51 7) 230, Services. 52 8) 240, Overcurrent Protection. 53 9) 250, Grounding. EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 ' 02 03 ' 04 05 06 07 ' 08 09 10 111 11 12 13 ' 14 15 16 17 ' 18 19 20 II 22 23 ' 24 25 26 27 ' 28 29 30 ' 31 32 33 , 34 35 36 37 ' 38 39 40 ' 41 42 43 44 ' 45 46 47 ' 48 49 50 ' 51 52 53 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 10) 300, Wiring Methods. 01 02 11) 305, Temporary Wiring. 02 03 12) 500, Hazardous Locations. 03 04 13) 501, Class I locations? ` ` "''. 04 05 14) 502, Class II locations. 05 06 15) 503, Class III locations. 06 07 8. Underwriters Laboratories, Inc (UL): 07 08 a. 508, Rainproof Enclosures. 08 09 b. 698, Industrial Control Equipment for Use in 09 10 Hazardous Locations. 10 11 11 12 B. When a specific code or standard has not been cited, the 12 13 applicable codes and standards of the following code - making 13 14 authorities and standards organizations shall apply: 14 15 1. American Association of State Highway and Transportation 15 16 Officials (AASHTO). 16 17 2. American Iron and Steel Institute (AISI). 17 18 3. American National Standard Institute (ANSI). 18 19 4. American Society for Testing and Materials (ASTM). 19 20 5. ETL Testing Laboratories, Inc (ETL). 20 21 6. Insulated Cable Engineers Association (ICEA). 21 22 7. Institute of Electrical and Electronic Engineers (IEEE). 22 23 8. Illuminating Engineering Society of North America (IES). 23 24 9. Instrument Society of America (ISA). 24 25 10. Lightning Protection Institute (LPI). 25 26 11. National Electrical Manufacturers Association (NEMA). 26 27 12. National Fire Protection Association (NFPA). — 27 28 13. Occupational, Health and Safety Administration (OSHA). 28 29 14. Underwriters Laboratories Inc (UL). 29 30 30 31 C. In case of conflict or disagreement between codes, standards, 31 32 laws, ordinances, rules, regulations, drawings and 32 33 specifications, or within either document itself, the more 33 34 stringent condition shall govern. 34 35 35 36 1.05 SYSTEM DESCRIPTION 36 37 37 38 A. Provide functioning systems in compliance with manufacturer's 38 39 instructions, performance requirements specified or shown on 39 40 the Drawings, and modifications resulting from reviewed shop 40 41 drawings and field coordinated drawings. 41 42 42 43 B. Maintain plant water system pump station operation. 43 44 44 45 1. The plant water system must remain in operation at all times. 45 46 Temporary power provision must be made by the Contractor if required 46 47 to maintain operation. 47 48 48 49 1.06 SUBMITTALS 49 50 50 51 A. Shop Drawings: 51 52 1. See Section 01340. 52 53 B. Two copies of manufacturer's warranties which exceed the 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16010 -3 16010 -4 1 01 "good repair period." 01 1 02 C. System Coordination Study Report: 02 03 1. The report shall summarize the coordination study, 03 ' 04 conclusions and recommendations. As a minimum it shall 04 05 include the following: 05 06 a. The manufacturer's information used to prepare the 06 07 study. 07 ' 08 b. Assumptions made during the study. 08 09 c. Equipment time - current curves. 09 10 d. Time - current curves on log -log paper showing: 10 , 11 1) That the settings for each protective device will 11 12 provide protection and selectivity. 12 13 2) Each curve shall be identified. 13 t 14 3) Recommended taps and settings. 14 15 4) Cable and equipment damage points. 15 16 5) Circuit interrupting device operating and 16 17 interrupting times. 17 II 18 6) Sketch of the part of the system being 18 19 investigated. 19 20 7) As many curves as possible shall be shown on a 20 II graph, while maintaining a readable analysis. 21 22 e. Time - current curves for each device shall be 22 23 positioned to provide for maximum selectivity to 23 II 24 minimize system disturbances during fault clearing. 24 25 f. Advise the Engineer of potential coordination 25 26 problems discovered during the study and include 26 27 recommendations to resolve the problem. 27 II g. The report shall be submitted for approval 90 days 28 29 prior to equipment energization. 29 30 30 ' 31 D. Operation and Maintenance Manuals: 31 32 1. See Section 01340. 32 33 33 34 1.07 DELIVERY, STORAGE, AND HANDLING 34 ' 35 35 36 A. See Section 01600. 36 37 37 II B. Ensure that equipment is not used as steps, ladders, 38 39 scaffolds, platforms, or for storage- either inside or on top 39 40 of enclosures. 40 II 41 41 42 C. Protect nameplates on electrical equipment to prevent 42 43 defacing. 43 44 44 ' 45 D. Repair, restore or replace damaged, corroded and rejected 45 46 items at no additional cost to the Owner. 46 47 47 ' 48 PART 2 - PRODUCTS 48 49 49 50 2.01 ACCEPTABLE MANUFACTURERS 50 , 51 51 52 A. Refer to related Division 16 sections. 52 53 1. All equipment of a similar type shall be by one 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 16010 -5 1 01 manufacturer unless otherwise noted in the 01 02 Specifications. 02 I 03 03 04 2.02 MATERIALS , ,, 1 . 1. i.„. 04 05 05 ' 06 A. Trade names and catalog numbers may be used in the Drawings 06 07 or Specifications to establish quality standards and basics 07 08 of design. 08 09 1. Other listed manufacturers in the applicable 09 ' 10 specification sections with equal equipment may be 10 11 acceptable. 11 12 2. If no other manufacturer is listed then any manufacturer 12 ' 13 14 of equal equipment may be acceptable. 13 14 15 B. Listed: 15 16 1. Where UL test procedures have been established for the 16 II 17 product type, electrical equipment shall be approved by 17 18 UL or ETL and shall be provided with the UL or ETL label. 18 19 19 ' 20 C. Structural Steel Supports: 20 21 1. Galvanized steel: ASTM A36. 2I 22 a. PVC coated in Class I and in corrosive areas. 22 23 2. Stainless steel: AISI Type 316. 23 24 24 25 2.03 FABRICATION 25 26 26 ' 27 A. When equipment is shop fabricated for the Project, the 27 28 electrical devices and enclosures utilized shall be UL or ETL 28 29 listed and labeled or shall be UL recognized. 29 ' 30 30 31 1. See Section 11005, paragraph (2.05 G.1.). 31 32 2. Interiors of other painted equipment shall be either 32 I 33 white or light gray. 33 34 34 35 35 36 PART 3 - EXECUTION 36 ' 37 37 38 3.01 INSTALLATION 38 39 39 ' 40 41 A. Equipment shall be installed in accordance with the 40 requirements of NEC articles: 41 42 1. 110, Requirement for Electrical Installations. 42 43 2. 200, Use and Identification of Grounded Conductors. 43 44 3. 210, Branch Circuits. 44 45 4. 215, Feeders. 45 46 5. 220, Branch Circuit and Feeder Calculations. 46 1 47 48 6. 225, Outside Branch Circuits and Feeders. 47 7. 230, Services. 48 49 8. 240, Overcurrent Protection. 49 I 50 9. 250, Grounding. 50 51 10. 300, Wiring Methods. 51 52 11. 305, Temporary Wiring. 5P 53 53 1 1 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16010 -6 01 B. Enclosures for Use with Electrical Equipment: 01 1 02 1. NEMA 12: For use in unclassified indoor locations. 02 03 2. NEMA 3R: For use with HVAC equipment in wet outdoor 03 ' 04 locations. 04 05 3. NEMA 4: 05 06 a. For use in wet indoor locations. 06 07 b. For use in wet outdoor locations except with HVAC 07 1 08 equipment. 08 09 4. NEMA 4X: For use in all corrosive locations. 09 10 10 ' 11 5. Exceptions: 11 12 a. As modified in other Division 16 sections. 12 13 b. As otherwise indicated on the Drawings. 13 1 14 6. Standards: 14 15 a. NEMA ICS -6, Enclosures for Industrial Controls and 15 16 Systems. 16 17 18 b. UL 508, Rainproof Enclosures. 17 ' c. UL 698, Industrial Control Equipment for Use in 18 19 Hazardous Locations. 19 20 7. Codes: 20 , 21 a. NEC Article 500, Hazardous Locations. 21 22 b. NEC Article 501, Class I locations. 22 23 c. NEC Article 502, Class II locations. 23 ' 24 d. NEC Article 503, Class III locations. 24 25 25 26 C. Coordinate the installation of electrical equipment with 26 27 other trades. 27 1 28 1. Arrange for the building in of equipment during structure 28 29 construction. 29 30 2. Where equipment cannot be built -in during construction, 30 1 31 arrange for sleeves, box -outs, openings, etc., as 31 32 required to allow installation of equipment after 32 33 structure construction is complete. 33 ' 34 34 35 D. Verify that equipment will fit support layouts indicated. 35 36 36 37 E. Equipment Dimensions and Clearances: 37 1 38 1. Do not use equipment that exceeds the indicated 38 39 dimensions. 39 40 a. Except as approved in writing by the Engineer. 40 , 41 2. Do not use equipment or arrangements of equipment that 41 42 reduce required clearances or exceed the space 42 43 allocation. 43 44 44 45 F. Install equipment in accordance with the manufacturer's 45 46 instructions. 46 47 47 1 48 G. Equipment Access: 48 49 1. Install equipment so it is readily accessible for 49 50 operation and maintenance. 50 1 51 2. Equipment shall not be blocked or concealed. 51 52 3. Do not install electrical equipment such that it 52 53 interferes with normal maintenance requirements of other 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 01 equipment. 02 03 H. Equipment shall be installed plumbed, square and true with 04 the building construction and shall be 'securely fastened. 05 06 I. Outdoor wall - mounted equipment and indoor equipment mounted 07 on earth or water bearing walls shall be provided with 08 corrosion- resistant spacers to maintain 1/4 IN separation 09 between the equipment and the wall. • 10 11 J. Screen or seal all openings into outdoor equipment to prevent 12 the entrance of rodents and insects. 13 14 K. Equipment fabricated from aluminum shall not be placed in 15 direct contact with earth or concrete. 16 17 L. Provide all necessary anchoring devices and supports. 18 1. Use supports as detailed on the Drawings and as 19 specified. 20 a. Where not detailed on the Drawings or specified, use 21 supports and anchoring devices rated for the 22 equipment load. 23 2. Supports and anchoring devices shall be rated and sized 24 based on dimensions and weights verified from approved 25 equipment submittals. 26 3. Hardware shall be malleable type, corrosion resistant and 27 shall be supported by heavily plated machine screws or 28 brass, bronze or stainless steel bolts. -- 29 4. Do not cut, or weld to, building structural members. 30 5. Do not mount safety switches and external equipment to 31 other equipment enclosures, unless enclosure mounting 32 surface is properly braced to accept mounting of external 33 equipment. 34 35 M. Material that may cause rusting or streaking on a building 36 surface shall not be used. 37 38 N. Field paint in accordance with Section 09905. 39 40 41 3.02 FIELD QUALITY CONTROL 42 43 A. Do not remove or damage fireproofing materials. 44 1. Install hangers, inserts, supports, and anchors prior to 45 installation of fireproofing. 46 2. Repair or replace fireproofing removed or damaged. 47 48 B. Make all penetrations through roofs prior to installation of 49 roofing. 50 1. For penetrations required after installation of roofing: 51 a. In built -up roofing (BUR), provide all curbs, cants 52 and base flashings. 53 b. In elastic sheet roofing (ESR), arrange and pay for 16010 -7 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 16010 -8 1 01 base flashing work by authorized roofer. 01 '' 02 02 03 C. Make all penetrations of electrical work through walls and 03 , 04 roofs water and weather - tight. 04 05 05 06 D. System Coordination Study: 06 07 07 1 08 1. Perform a system coordination study of all new equipment and the 08 09 first upstream and downstream protective devices of existing 09 10 equipment) for the electrical distribution system. 10 11 11 II 12 a. The electrical distribution system shall include equipment from 12 13 the point of connection to the last branch circuit protective 13 II 14 device. 14 15 15 16 b. The study shall be performed in accordance with ANSI /IEEE 16 17 Standards 141 and 242, and shall use actual equipment data from 17 ' 18 the manufacturer supplying the equipment. 18 19 19 20 E. After installation, all equipment shall be tested as 20 II recommended by the manufacturer. 21 22 22 23 F. Verify all components are operational. P3 ' 24 24 25 G. Perform ground -fault performance testing as required by NEC 25 26 Article 230- 95(c). 26 27 27 ' 28 H. Test Equipment Interface: P8 29 1. Verify systems coordination and operation. P9 30 30 1 31 I. Set all adjustable trip protective devices as required for 31 32 system protection and coordination. 32 33 1. Settings shall be as recommended in the System 33 II 34 Coordination Study. 34 35 35 36 J. Verify all system and equipment ground continuity. 36 37 37 , 38 K. Adjust installed equipment for proper operation of all 38 39 electrical and mechanical components. 39 40 40 ' 41 L. Replace equipment and systems found inoperative or defective 41 42 and re -test. 42 43 1. If equipment or system fails re -test, replace it with 43 44 products which conform with Contract Documents. 44 1 45 2. Continue remedial measures and re -tests until 45 46 satisfactory results are obtained. 46 47 3. Remedial measures and re -tests will be done at no cost to 47 ' 48 the Owner. 48 49 49 50 M. At Completion of Installation: 50 II 51 1. Test to ensure all equipment is free of short circuits 51 52 and improper grounds. 52 53 2. Test to ensure all equipment is operational. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 16010 -9 01 01 02 3.03 CLEANING 02 03 03 04 A. Clean dirt and debris from all surfaces. 04 05 05 06 B. Apply touch -up paint as required to repair scratches, etc. 06 07 07 08 C. Replace nameplates damaged during installation. 08 09 09 10 D. Thoroughly vacuum the interior of all enclosures to remove 10 11 dirt and debris. 11 12 12 13 3.04 DEMONSTRATION 13 14 14 15 A. Demonstrate equipment is operational. 15 16 16 17 END OF SECTION 17 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 90806 SECTION 16111 01 02 02 03 CONDUIT, CONDUIT FITTINGS, CONDUIT SUPPORTS, WIREWAY, 03 04 AND UNDERFLOOR DUCT 04 05 05 06 06 07 PART 1 - GENERAL 07 08 08 09 1.01 SUMMARY 09 10 10 11 A. Section Includes: 11 12 1. Conduits, conduit fittings, conduit supports, wireway, 12 13 and underfloor duct. 13 14 14 15 B. Related Sections include but are not necessarily limited to: 15 16 1. Division 0 - Bidding Requirements, Contract Forms, and 16 17 Conditions of the Contract. 17 18 2. Division 1 - General Requirements. 18 19 3. Section 09905 - Painting and Protective Coatings. 19 20 3. Section 16010 - Electrical: General Requirements. 20 21 4. Section 16115 - Underground Conduit, Ducts, and 21 22 Manholes. 22 23 5. Section 16130 - Outlet, Pull, and Junction Boxes. 23 24 6. Section 16450 - Grounding. 24 25 25 26 1.02 QUALITY ASSURANCE 26 27 27 28 A. Referenced Standards: 28 29 1. American National Standards Institute (ANSI): 29 30 a. C33.91. 30 31 b. C80.1, Rigid Steel Conduit - Zinc - Coated. 31 32 2. American Society for Testing and Materials (ASTM): 32 33 a. A36, Standard Specification for Structural Steel. 33 34 b. A153, Zinc Coating (Hot -Dip) on Iron and Steel 34 35 Hardware. 35 36 c. A307, Carbon Steel Externally Threaded Standard 36 37 Fasteners. 37 38 d. A563. Standard Specification for Carbon Steel Nuts. 38 39 e. A569, Steel Carbon, Hot - Rolled Sheet and Strip, 39 40 Commercial Quality. 40 41 f. A570, Hot - Rolled Sheet and Strip, Structural Quality. 41 42 g. A575, Merchant Quality Hot - Rolled Carbon Steel Bars. 42 43 h. A635, Standard Specification for Steel, Sheet and 43 44 Strip, Heavy- Thickness Coils, Carbon, Hot- Rolled. 44 45 i. 01784, Standard Specification for Rigid Poly(Vinyl 45 46 Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl 46 47 Chloride) (CPVC) Compounds. 47 48 j. D1788, Standard Specification for Rigid 48 49 Acrylonitrile- Butadiene- Styrene (ABS) Plastics. 49 50 k. D2564, Solvent Cements for (PVC) Plastic Pipe, 50 51 Tubing, and Fittings. 51 52 1. F512, Standard Specification for Smooth -Wall 52 53 Poly(Vinyl Chloride) (PVC) Conduit and Fittings for 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16111 -2 01 Underground Installation. 02 3. ETL Testing Laboratories, Inc (ETL). 03 4. National Electric Manufacturers Association (NEMA): 04 a. MG -1, Motors and Generators. 05 b. RN -1, Polyvinyl - Chloride (PVC) Externally Coated 06 Galvanized Rigid Steel Conduit and Intermediate Metal 07 Conduit. 08 c. TC -2, Electrical Plastic Tubing (EPT) and Conduit 09 (EPC -40 and EPC -80). 10 d. TC -6, PVC and ABS Plastic Utilities Duct for 11 Underground Installation. 12 e. UD 1 -1972. 13 5. National Fire Protection Association (NFPA): 14 a. 70, National Electric Code (NEC). 15 6. Underwriters Laboratories Inc (UL): 16 a. 1, Flexible Metal Conduit. 17 b. 6, Rigid Metal Conduit. 18 c. 209, Cellular Metal Floor Raceways and Fittings. 19 d. 360, Liquid -Tight Flexible Steel Conduit. 20 e. 467, Grounding and Bonding Equipment. 21 f. 514, Nonmetallic Outlet Boxes, Flush- Device Boxes, 22 and Covers. 23 g. 651, Schedule 40 and 80 Rigid PVC Conduit. 24 h. 870, Wireways, Auxiliary Gutters, and Associated 25 Fittings. 26 i. 884, Underfloor Raceways and Fittings. 27 j. 886, Outlet Boxes and Fittings for Use in Hazardous 28 (Classified) Locations. 29 k. 1242, Intermediate Metal Conduit. 30 31 1.03 SUBMITTALS 32 33 A. Shop Drawings: 34 1. Refer to Section 01340. 35 2. Product technical data including but not limited to: 36 a. Manufacturer's technical information on products to 37 be used. 38 b. Acknowledgement that products submitted meet the 39 requirements of the standards referenced. 40 c. Acknowledgement that products submitted are UL or ETL 41 listed or that no UL listing has been established for 42 that product. 43 d. When general data sheets constitute part of the 44 submittal, specifically identify the products to be 45 used on this Project. 46 47 1.04 DELIVERY, STORAGE, AND HANDLING 48 49 A. Rigid, Non - Metallic Conduit and Fittings: 50 1. Store not exposed to sunlight or other UV rays. 51 52 53 PART 2 - PRODUCTS EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 1 11 1 12 13 14 15 16 17 ' 18 19 20 21 22 23 24 25 26 27 ' 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 1 16111 -3 II 01 01 02 2.01 ACCEPTABLE MANUFACTURERS 02 ' 03 03 04 A. The manufacturers listed in Articles 2.02 through 2.13 are 04 05 acceptable subject to compliance with the Contract Documents. 05 II 06 06 07 2.02 GALVANIZED RIGID STEEL CONDUIT (GRS) rw4; 07 08 08 09 A. Acceptable Manufacturers: 09 II 10 1. Allied Tube and Conduit Corp. 10 11 2. Triangle PWC Inc. 11 12 3. Western Tube and Conduit Corp. 12 ' 13 14 4. Wheatland Tube Co. 13 14 15 B. Mild steel with continuous welded seam. 15 16 16 II 17 C. Metallic zinc applied by hot -dip galvanizing or 17 18 electro- galvanizing. 18 19 1. Threads: Galvanized after cutting. 19 ' 2 20 21 D. Internal Coating: Baked lacquer, varnish or enamel for a 21 22 smooth surface. 22 ' 23 23 24 E. Standard: ANSI C80.1. 24 25 25 26 2.03 PVC - COATED RIGID STEEL CONDUIT (PVC -GRS) 26 I 27 27 28 A. Acceptable Manufacturers: 28 29 1. Occidental Coating Co. 29 ' 31 30 2. Protective Coating Division Triangle PWC Inc. 30 3. Rob -Roy Ind. 31 32 32 li 33 B. Acceptable Manufacturers of PVC Coating Repair Kits: 33 34 1. Occidental Coating Co. 34 35 2. Protective Coating Division Triangle PWC Inc. 35 36 3. Rob -Roy Ind. 36 II 37 4. Raychem "GelTek" tape. 37 38 38 39 C. Nominal 40 mil polyvinyl chloride exterior coating. 39 II 40 1. Coating: Bonded to hot - dipped galvanized rigid steel 40 41 conduit conforming to ANSI C80.1. 41 42 2. The bond between the PVC coating and the conduit surface: 42 II 43 Greater than the tensile strength of the coating. 43 44 44 45 D. Nominal 3 mil, minimum, phenolic interior coating. 45 46 46 II 47 E. Conduit: Epoxy prime coated prior to application of PVC and 47 48 phenolic coatings. 48 49 49 II 50 F. Female Ends: Have a plastic sleeve extending a nominal 2 IN 50 51 beyond the opening. 51 52 1. Inside diameter of the sleeve: The same as the outside 52 53 diameter of the conduit to be used with it. 53 1 1 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 G. Standards: 03 1. ANSI C80.1. 04 2. NEMA RN -1. 05 06 2.04 RIGID NON- METALLIC CONDUIT 07 08 A. Acceptable Manufacturers: 09 1. Poly -vinyl chloride (PVC) conduit: 10 a. Carlon. 11 b. Certainteed Corp. 12 c. Highland Plastics Inc. 13 d. Western Plastics Corp. 14 2. Acrylonitrile- butadiene - styrene (ABS) conduit: 15 a. Carlon. 16 b. Certainteed Corp. 17 c. Canadian General Electric Co. 18 d. Western Plastics Corp. 19 20 B. Schedules 40 and 80: 21 1. Polyvinyl - chloride (PVC) plastic compound which meets, as 22 a minimum, ASTM D1784 cell classification PVC 12233 -A, B, 23 or C 24 2. Rated for direct sunlight exposure. 25 3. Fire retardant and low smoke emission. 26 4. Standards: 27 a. ANSI C33.91. 28 b. NEMA TC -2. 29 c. UL 651. 30 31 C. Type EB and DB: 32 1. Polyvinyl - chloride (PVC) plastic compound which meets, as 33 a minimum, ASTM D1784 cell classification PVC 12254 -A, B, 34 or C; or acrylonitrile- butadiene - styrene (ABS) plastic 35 compound which meets, as a minimum, ASTM D1788 cell 36 classification ABS -1, 2, or 3. 37 2. Standards: 38 a. ASTM F512. 39 b. NEMA TC -6. 40 c. UL 651. 41 42 2.05 FLEXIBLE GALVANIZED STEEL CONDUIT (FLEX) 43 44 A. Acceptable Manufacturers: 45 1. Cerro Wire and Cable Corp. 46 2. International Metal Hose Co. 47 3. Southwire Co. 48 4. Triangle PWC Inc. 49 50 B. Formed of continuous, spiral wound, hot -dip galvanized steel 51 strip with successive convolutions securely interlocked. 52 53 C. Standard: UL 1. EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 ' 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 , 45 46 47 48 49 5 51 52 53 1 ' 16111 -5 II 01 01 02 2.06 PVC- COATED FLEXIBLE GALVANIZED STEEL (LIQUID- TIGHT) CONDUIT 02 II 04 (FLEX -LT) • 03 04 04 05 A. Acceptable Manufacturers: 05 06 1. Anaconda Metal Hose Division. 06 ' 07 2. Carol Cable Co. 07 08 3. Electri -Flex Co. 08 09 4. International Metal Hose Co. 09 10 5. OZ Gedney. 10 11 11 12 B. Core formed of continuous, spiral wound, hot -dip galvanized 12 13 steel strip with successive convolutions securely 13 II 14 interlocked. 14 15 15 16 C. Extruded PVC outer jacket positively locked to the steel 16 ' 17 core. 17 18 18 19 D. Liquid and vaportight. 19 ' 20 20 21 E. Standard: UL 360. 21 22 22 23 23 II 24 2.07 CONDUIT FITTINGS AND ACCESSORIES 24 25 25 26 A. Acceptable Manufacturers: 26 ' 27 1. Adalet. 27 28 2. Appleton. 28 29 3. Carlon. 29 ' 30 4. Certainteed. 30 31 5. Canadian General Electric Co. 31 32 6. Crouse - Hinds. 32 33 7. Highland Plastics Inc. 33 I 34 8. Killark. 34 35 9. Midwest. 35 36 10. Occidental Coating Co. 36 ' 37 38 11. OZ Gedney Co. 37 12. Protective Coating Division Triangle PWC Inc. 38 39 13. RACO. 39 II 40 14. Rob -Roy Ind. - 40 41 15. Steel City. 41 42 16. Thomas and Betts. 42 43 17. Western Plastics Co. 43 ' 44 44 45 45 46 B. Fittings for Use with GRS and IMC in Non - Hazardous and 46 II 47 Non - Corrosive Locations: 47 48 1. Materials: Following minimum requirements unless 48 49 otherwise noted. 49 50 a. Body: Malleable iron, zinc- or cadmium - plated; 50 II 51 steel, hot - dipped galvanized; or steel zinc plated 51 52 with aluminum lacquer or aluminum enamel finish. 52 53 b. Covers: Malleable iron, zinc plated. 53 II EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16111 -6 , 01 c. Gaskets: Neoprene or PVC, integrally fused to or 01 , 02 recessed into the body. 02 03 d. Insulators - phenolic, thermosetting: 03 II 04 1) Minimum 105 DegC UL rating. 04 05 e. Grounding saddles tin - plated copper or bronze 05 06 suitable for use with copper and aluminum conductors. 06 07 f. Bonding jumpers: Tinned copper flexible braid. 07 , 08 g. Locknuts: Malleable iron, zinc plated. 08 09 2. All fittings: Threaded unless otherwise noted. 09 10 3. All covers: Gasketed. 10 11 4. Standards: 11 II 12 a. UL 6. 12 13 b. UL 467. 13 14 c. UL 514. 14 , 15 d. UL 1242. 15 16 5. Hubs shall be raintight. 16 17 6. Straight couplings: Same material and finish as the 17 II conduit with which they are used. 18 19 7. Expansion couplings: 19 20 a. 2 or 4 IN nominal straight -line conduit movement in 20 II 21 either direction. 21 22 b. Weathertight. 22 23 c. Insulating bushing. 23 24 d. Sleeve - steel, zinc plated. 24 25 8. Expansion /deflection couplings: 25 26 a. 2 or 4 IN nominal straight -line conduit movement in 26 27 either direction. 27 II b. 30- degree nominal deflection from the normal in all 28 29 directions. 29 30 c. Watertight. 30 II 31 d. Insulating bushing. 31 32 e. End couplings /hubs - bronze; or steel zinc - plated 32 33 with aluminum cellulose lacquer finish. 33 34 f. Outer jacket- neoprene. 34 35 g. Jacket clamps - stainless steel. 35 II 36 h. Inner sleeve (when used) - molded plastic. 36 37 9. Service entrance heads: 37 II a. Weather resistant. 38 39 b. Body - malleable iron, hot - dipped galvanized or 39 40 copper -free aluminum. 40 41 10. Pulling elbows and tees: 41 II 42 a. Raintight. 42 43 b. Cover - steel, zinc - plated. 43 44 11. Mogul pulling elbows: 44 II a. Die cast copper free aluminum. 45 46 12. Couplings for threadless GRS and IMC: 46 47 a. Concrete - tight. 47 II 48 b. Gland compression type or self- threading type. 48 49 1) Self- threading type: Steel, zinc - plated with 49 50 case hardened steel forming threads. 50 51 51 52 C. Fittings For Use with GRS in Hazardous Locations: 52 53 1. Materials: Following minimum requirements unless 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 01 02 ' 03 04 05 06 II 07 08 09 10 11 12 ' 13 14 15 16 17 18 19 ' 20 21 22 23 24 25 26 ' 27 28 29 ' 30 31 32 33 34 35 36 ' 38 38 39 ' 40 41 42 43 II 44 45 46 48 48 49 50 51 52 53 1 16111 -7 otherwise noted: 01 a. Malleable iron, zinc- or cadmium - plated; steel, zinc 02 plated with aluminum lacquer or enamel finish; or 03 copper -free aluminum. 04 b. Gaskets: Neoprene. , i , '{'- 05 c. Bonding jumpers: Tinned copper flexible braid or 06 beryllium copper grounding spring. 07 2. All fittings: Threaded. 08 3. Standards: 09 a. UL 514. 10 b. UL 886. 11 4. Listed for use in Class I, Groups C and D locations. 12 5. Expansion fittings: 13 a. 1/2 to 1 IN straight -line total conduit movement. 14 b. Steel, zinc - plated. 15 6. Conduit seals: 16 a. Drain and breather: Stainless steel or brass. 17 b. Fiber and sealing compound: UL listed for use with 18 the sealing fitting. 19 20 D. Fittings for Use with PVC -GRS: 21 1. In corrosive locations and direct buried: 22 a. The same material and construction as those fittings 23 listed under paragraph 2.12 D "Fittings for Use with 24 GRS and IMC in Non - Hazardous and Non - Corrosive 25 Locations "; and coated as defined under Article 2.03 26 "PVC- GRS." 27 2. In hazardous locations: 28 a. The same material and construction as those fittings 29 listed under paragraph 2.12 E "Conduit Fittings for 30 Use with GRS in Hazardous Locations "; and coated as 31 defined under Article 2.03 "PVC- GRS." 32 33 E. Fittings for Use with Rigid Non - Metallic Conduit: 34 1. Fittings shall be of the same material, thickness, and 35 construction as the conduits with which they are used. 36 a. Standards: 37 1) UL 651. 38 2) NEMA TC -2 -1978. 39 2. Solvent cement for welding fittings shall be supplied by 40 the same manufacturer as the conduit and fittings. 41 a. Shall not be more than 1 year past date of 42 manufacture. 43 b. Standard: ASTM D2564. 44 45 F. Fittings for Use with FLEX: 46 1. Fittings shall meet the following minimum requirements 47 unless otherwise noted: 48 a. Malleable iron, zinc - plated. 49 2. Fittings shall be squeeze or clamp -type. 50 a. Set screw type shall not be used. 51 3. Standard: UL 514. 52 53 'EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16111 -8 II 01 G. Fittings for Use with FLEX -LT: 01 , 02 1. Fittings shall meet the following minimum requirements 02 03 unless otherwise noted: 03 II 04 a. Body: Malleable iron, zinc - plated. 04 05 b. Ferrule: Steel, zinc - plated. 05 06 c. Locknuts and compression nuts: Malleable iron, 06 07 zinc - plated. 07 , 08 d. Sealing ring: Neoprene. 08 09 2. Standard: UL 514. 09 10 10 II 11 2.08 CONDUIT SUPPORT SYSTEMS 11 12 12 13 A. For Use with GRS, IMC and EMT: 13 II 14 1. Acceptable manufacturers: 14 15 a. Unistrut Building Systems 15 16 b. B -Line Systems Inc. 16 17 c. Kindorf. 17 ' 18 2. All components shall be hot- dipped galvanized. 18 19 a. Standard: ASTM A153. 19 20 3. Channels and brackets: 20 II a. Formed from hot rolled carbon steel sheet and strip. 21 22 b. Standard: ASTM A570. 22 23 4. Fittings: 23 II 24 a. Formed from structural steel or hot - rolled carbon 24 25 steel sheet and strip. 25 26 b. Standards: 26 27 1) ASTM A36 and A635. 27 28 5. Clamps: 28 II 29 a. Formed from low carbon hot rolled steel sheet and 29 30 strip. 30 II b. Standard: ASTM A569. 31 32 6. Channel nuts: 32 33 a. Formed from mild steel bar stock, case hardened. 33 II 34 b. Standard: ASTM A575. 34 35 7. Screws, nuts, bolts and continuous threaded rods. 35 36 a. Formed from mild steel bar stock. 36 37 b. Standards: 37 II 1) ASTM A307 and A563. 38 39 39 40 B. For Use with PVC -GRS: 40 II 41 1. All components: Comply with the requirements of 41 42 paragraph 2.13 A For Use with GRS, IMC and EMT "; and 42 43 with the coating requirements of Article 2.03 "PVC- GRS "; 43 44 except screws, nuts and bolts shall be stainless steel. 44 II a. Stainless steel channels, brackets, fittings, clamps, 45 46 channel nuts and continuous threaded rod may be used 46 47 in lieu of PVC coating these components. 47 II 48 49 2.09 ALL CONDUIT FITTINGS, WIREWAYS, AND UNDERFLOOR DUCT 49 50 50 II 51 A. Mark Products: 51 52 1. UL or ETL listed. 52 53 2. Identify the nominal trade size on the product. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 16111 -9 01 3. Stamp with the name or trademark of the manufacturer. 01 02 02 03 B. Substitution: Submit requests for substitution in accordance 03 04 with Specification Section 01640. 04 05 05 06 06 07 PART 3 - EXECUTION 07 08 08 09 3.01 INSTALLATION 09 10 10 11 A. Conduits shall be routed in the field unless otherwise 11 12 indicated on the Contract Drawings. 12 13 1. Whenever possible avoid routing conduits through areas of 13 14 high ambient temperature or radiant heat. 14 15 15 16 B. Size of Raceways and Conduits: 16 17 1. Raceway sizes are normally shown on the Contract 17 18 Drawings. If a size is not shown on the Contract 18 19 Drawings, size in accordance with NEC unless a 19 20 minimum size is stated in these Specifications. 20 21 2. Conduits shall not be smaller than 3/4 IN trade size, 21 22 unless otherwise shown on the Contract Drawings. 22 23 23 24 C. Provide all required openings in walls, floors, and ceilings 24 25 for conduit penetration. 25 26 26 27 D. Conduit Runs: 27 28 1. Expose within structures all conduits: 28 29 - 29 30 E. Conduit: Not to interfere with, or prevent access to, 30 31 piping, valves, ductwork, or other equipment for operation, 31 32 maintenance and repair. 32 33 33 34 F. Total of Bends in a Conduit Run: Less than 360 degree. 34 35 1. Provide pull boxes, condulets, or pulling elbows or tees 35 36 as needed. 36 37 37 38 G. GRS: 38 39 1. Not installed: 39 40 a. In Class 1, Division 1 areas. Except where indicated 40 41 on the Contract Drawings. 41 42 b. In corrosive areas. 42 43 c. Direct buried. Except where direct burial is 43 44 indicated on the Contract Drawings. 44 45 2. Where not restricted by the above, install: 45 46 a. Exposed. Except where intermediate metal or Schedule 46 47 80 PVC conduit is allowed by this Section. 47 48 b. In crawl spaces. Except where intermediate metal or 48 49 Schedule 80 PVC conduit is allowed by this Section. 49 50 c. Above suspended ceilings. Except where intermediate 50 51 metal conduit or electrical metallic tubing is 51 52 allowed by this Section. 52 53 d. In stud, masonry and concrete walls of finished 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16111 -10 01 areas. Except where intermediate metal conduit, 02 Schedule 40 PVC or electrical metallic tubing is 03 allowed by this Section. 04 e. In ductbanks within 5 FT of exterior walls of 05 structures. Does not apply to manholes and 06 handholes. 07 f. For long sweep bends in ductbanks. Except where 08 intermediate metal conduit is allowed by this 09 Section. 10 g. For instrumentation shielded conductors, including 11 runs in ductbanks and through manholes and handholes. 12 Except where intermediate metal conduit is allowed by 13 this Section. 14 h. Embedded in floor slabs. Except where intermediate 15 metal conduit is allowed by this Section. 16 17 H. PVC -GRS: 18 1. Install: 19 a. In Class I, Division I areas. 20 b. In corrosive areas. Except where rigid non - metallic 21 conduit is allowed by this Section. 22 c. Where direct - buried steel conduit is required 23 24 I. Rigid Non - Metallic Conduit: 25 1. Not installed: 26 a. In Class I, II, or III areas. 27 b. Exposed. Except where indicated on the Contract 28 Drawings. 29 c. In crawl spaces. Except where indicated on the 30 Contract Drawings. 31 d. Above suspended ceilings. 32 e. In stud, masonry or concrete walls of finished areas. 33 Except where indicated on the Contract Drawings. 34 f. For long sweep bends in ductbanks. 35 g. For instrumentation shielded conductors. 36 h. Embedded in floor slabs. Except where indicated on 37 the Contract Drawings. 38 39 a. Schedule 40 PVC. 40 b. PVC Type EB. 41 c. ABS Type EB. 42 43 J. FLEX: 44 1. May be installed for connections to light fixtures and 45 other devices above suspended ceilings. 46 a. Maximum length not to exceed 3 FT. 47 48 K. FLEX -LT: 49 1. Install as the final conduit to motors, electrically 50 operated valves, primary elements (instrumentation), and 51 electrical equipment that is liable to vibrate. 52 2. Not used as a conduit run. 53 a. Maximum length shall not exceed: EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 1 02 03 , 04 05 06 07 11 08 09 10 II 12 13 ' 14 15 16 17 , 18 19 20 , 21 22 23 ' 24 25 26 27 , 28 29 30 ' 31 32 33 , 34 35 36 37 ' 38 39 40 , 41 42 43 44 ' 45 46 47 , 48 49 50 II 53 II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16111 -11 01 1) 36 IN to motors. 01 02 2) 24 IN to all other equipment. 02 03 03 04 L. Conduit Seals: 04 05 1. Installed: 05 06 a. In each conduit entering or leaving a Class I area. 06 07 b. In each conduit in a Class I Division 1 area entering 07 08 or leaving an enclosure containing switches, circuit 08 09 breakers, fuses, relays, resistors or other apparatus 09 10 which may produce arcs, sparks or high temperature. 10 11 c. In each conduit 2 IN or larger in a Class I Division 11 12 1 area entering or leaving an enclosure containing 12 13 terminals, splices and taps. 13 14 d. In each conduit in a Class I Division 2 area entering 14 15 or leaving an enclosure required to be approved for 15 16 use in Class I environments. 16 17 e. In each conduit in a Class II location between an 17 18 enclosure required to be dust ignition -proof and an 18 19 enclosure that is not required to be dust 19 20 ignition - proof. 20 21 f. In each conduit in a corrosive area entering or 21 22 leaving that area and entering or leaving an 22 23 electrical equipment enclosure in that area. 23 24 g. So that the filler plug and drain are accessible. 24 25 h. Complete with sealing fiber and compound. 25 26 26 27 M. Conduit Support Systems: 27 28 1. Compatible with the material and finish of the conduit 28 29 supported. 29 30 a. Hot - dipped galvanized steel for use with GRS, IMC and 30 31 EMT. 31 32 b. PVC coated hot - dipped galvanized steel for use with 32 33 PVC -GRS. 33 34 34 35 N. Field Bending of Conduits: 35 36 1. Utilize tools and equipment designed for the purpose and 36 37 for the material being processed to make all field bends. 37 38 2. Do not reduce the internal diameter of the conduit when 38 39 making conduit bends. 39 40 3. GRS, IMC and EMT: 40 41 a. Use an EMT bending shoe to make bends in 1/2 IN and 41 42 3/4 IN conduit. 42 43 b. Use a hydraulic bender to make bends in 1 IN and 43 44 larger conduit. 44 45 4. PVC -GRS: 45 46 a. 1/2 and 3/4 IN bends may be made using a 46 47 plastic- coated bending hickey or EMT bending shoe. 47 48 b. Use a hydraulic bender to make bends in 1 IN and 48 49 larger conduit. 49 50 c. Prepare tools and equipment to prevent or minimize 50 51 damage to the PVC coating. 51 52 5. Rigid non - metallic conduit: 52 53 a. Use a "hotbox" heater utilizing infrared heat and a 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16111 -12 ' 01 bending guide or jig to make bends in all sizes of 01 ' 02 conduit. 02 03 03 , 04 0. Field Cutting and Threading Conduit: 04 05 1. Utilize tools and equipment designed for the purpose and 05 06 for the material being processed when cutting and 06 07 threading. 07 , 08 2. GRS and IMC: 08 09 a. Use pipe roller cutter for cutting to length. 09 10 b. Use reamer to debur, smooth, and evenly chamfer the 10 II inside. 11 12 c. Use pipe threader to thread the conduit. 12 13 1) Degrease threads after threading and apply a zinc 13 ' 14 rich paint. 14 15 3. PVC -GRS: 15 16 a. Use pipe roller cutter for cutting to length. 16 17 b. Use reamer to debur, smooth, and evenly chamfer the 17 , 18 inside. 18 19 c. Use pipe threader to thread the conduit. 19 20 1) Degrease and apply a zinc rich paint after 20 II 21 threading the threads. 21 22 4. Rigid non - metallic conduit: 22 23 a. Use fine tooth handsaw and miter box for cutting to 23 II 24 length. E4 25 b. Use reamer to debur, smooth, and evenly chamfer the 25 26 inside. P6 27 c. Smooth exterior to remove all burrs. 27 II 5. FLEX and FLEX -LT: 28 29 a. Use hacksaw and cutting vise or miter box for cutting 29 30 to length. 30 II b. Debur interior and exterior after cutting. 31 32 32 33 P. Conduit Installation: 33 34 1. Install conduit and fittings, as required, for a complete 34 , 35 system that has a neat appearance and is in compliance 35 36 with all applicable codes. 36 37 2. Accessible conduit, wireway, and underfloor raceway: 37 ' 38 a. Run in straight lines parallel to or at right angles 38 39 to building lines. 39 40 1) Install conduit adjacent to walls and floors. 40 II 41 2) Maintain minimum 6 IN separation between 41 42 instrumentation and power conduits. 42 43 b. Maintain minimum 6 IN separation from process, gas, 43 44 air and water pipes. 44 II 3. Conduit support systems: 45 46 a. Support conduit from the building structure. 46 47 1) Do not support conduit from process, gas, air or 47 ' 48 water piping; or from other conduits. 48 49 b. Provide hangers and brackets to limit the maximum 49 50 uniform load on a single support to 25 LBS; or to the 50 II 51 maximum uniform load recommended by the manufacturer 51 52 if the support is rated less than 25 LBS. 52 53 1) Do not exceed maximum concentrated load 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16111 -13 01 recommended by the manufacturer on any support. 01 02 2) Conduit hangers: Continuous threaded rods 02 03 combined with struts or conduit clamps: 03 04 a) Do not use perforated strap hangers and iron 04 05 bailing wire. 05 06 3) Do not use suspended ceiling support systems to 06 07 support raceways. 07 08 4) Hangers in metal roof decks: 08 09 a) Utilize fender washers. 09 10 b) Not extend above top of ribs. 10 11 c) Not interfere with vapor barrier, insulation, 11 12 or roofing. 12` 13 c. Conduit support system fasteners: 13 14 1) Use sleeve -type expansion anchors as fasteners in 14 15 masonry wall construction. Do not use concrete 15 16 nails and powder- driven fasteners. 16 17 d. Maximum spacing between conduit supports: 17 18 1) GRS, IMC and EMT: 10 FT. 18 19 e. Support all conduits within 3 FT of the conduit 19 20 termination. 20 21 f. Support all conduits at 90- degree bends and at 21 22 vertical drops. • 22 23 g. Provide substantial vertical support for all conduit 23 24 drops for stability and to minimize vibration. 24 25 h. Where sufficient room exists within the housing, 25 26 conduit to roof - mounted equipment shall be stubbed up 26 27 inside the housing. 27 28 4. Male threads of conduit systems shall be coated with an 28 29 electrically conductive anti -seize compound. -•. 29 30 5. Threaded connections shall be made wrench - tight. 30 31 6. Conduit joints shall be watertight. 31 32 a. Where exposed to possible submersion. 32 33 b. In areas classified as wet. 33 34 c. Underground. 34 35 7. Conduits shall be installed to eliminate moisture 35 36 pockets. Where water cannot drain to openings, provide 36 37 drain fittings in the low spots of the conduit run. 37 38 8. Rigid non - metallic conduit and fittings shall be joined 38 39 utilizing solvent cement. 39 40 a. Immediately after installation of conduit and 40 41 fitting, the fitting or conduit shall be rotated 1/4 41 42 turn to provide uniform contact. 42 43 9. Install expansion fittings whenever conduits span across 43 44 a structural expansion joint. 44 45 a. Provide fittings with 2 IN straight -line movement in 45 46 either direction. 46 47 1) Except where identified on the Contract Drawings 47 48 as requiring 4 IN straight -line movement in 48 49 either direction. 49 50 10. Expansion /deflection fittings shall be installed on the 50 51 exterior of the structure, whenever a conduit enters a 51 52 structure from outside and elsewhere as identified on the 52 53 Contract Drawings. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16111 -14 , 01 a. Provide fittings with 2 IN straight -line movement in 01 1 02 either direction. 02 03 1) Except where identified on the Contract Drawings 03 , 04 as requiring 4 IN straight -line movement in 04 05 either direction. 05 06 b. Except when the conduit is in a ductbank that is tied 06 07 to the structure with reinforcing steel. 07 , 08 11. Provide conduit seals: 08 09 a. Not more than 18 IN from where they are required. 09 10 b. To be accessible. 10 II 12. Terminate conduits: 11 12 a. In NEMA 1 and 12 type enclosures: 12 13 1) With an insulated grounding bushing on the 13 II 14 interior. 14 15 2) With a locknut on the exterior. 15 16 b. In NEMA 3R, 4, 4X and 7/9 type enclosures: 16 17 1) Into a threaded hub. 17 ' 18 2) With an insulating bushing, unless the hub 18 19 provides equivalent protection to the conductors. 19 20 c. When stubbed up through the floor: 20 II 1) With an insulated grounding bushing. 21 22 13. Threadless couplings shall only be used to join new GRS 22 23 to existing GRS conduit or new IMC to existing IMC 23 II 24 conduit when the existing conduit end is not threaded and 24 25 it is not practical or possible to cut threads on the 25 26 existing conduit with a pipe threader. 26 27 27 II Q. The protective coating integrity of conduits, fittings, and 28 29 accessories shall be maintained. 29 30 1. Repair GRS, IMC and EMT utilizing a zinc rich paint. 30 II 31 2. Repair PVC -GRS utilizing a patching compound, of the same 31 32 material as the coating, provided by the manufacturer of 32 33 the conduit; or a self- adhesive, highly conformable, 33 34 cross - linked silicone composition strip, followed by a 34 , 35 protective coating of vinyl tape. The total nominal 35 36 thickness: 40 mil. 36 37 3. Repair surfaces which will be inaccessible after 37 ' 38 installation prior to installation. 38 39 39 40 R. Remove moisture and debris from conduit before wire is pulled 40 ' 41 into place. 41 42 1. Pull mandrel with diameter nominally 1/4 IN smaller than 42 43 the interior of the conduit, to remove obstructions. 43 44 2. Swab conduit by pulling a clean, tight- fitting rag 44 ' 45 through the conduit. 45 46 3. Tightly plug ends of conduit with tapered wood plugs or 46 47 plastic inserts until wire is pulled. 47 II 48 49 S. Only nylon or polyethylene rope shall be used to pull wire 49 50 and cable in rigid non - metallic conduit systems. 50 ' 51 51 52 T. Fill openings in walls, floors, and ceilings and finish flush 52 53 with surface. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND'DECHLORINATION IMPROVEMENTS 1 1 16111 -15 01 01 02 U. Painting: 02 03 1. See Section 09905. 03 04 2. Painting shall not be required: 04 05 a. Of conduits above suspended ceilings. 05 06 b. Of conduits in crawl spaces. 06 07 c. Of fiberglass conduit support systems. 07 08 v. 08 09 END OF SECTION 09 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 16120 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 92F11 SECTION 16120 01 02 02 03 WIRE AND CABLE - 600 VOLT AND BELOW 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Wire and cable (600 V and below). 11 12 12 13 B. Related Sections include but are not necessarily limited to: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and 14 15 Conditions of the Contract. 15 16 2. Division 1 - General Requirements. 16 17 3. Section 16010 - Electrical: General Requirements. 17 18 18 19 1.02 QUALITY ASSURANCE 19 20 20 21 A. Referenced Standards: 21 22 . 1. Insulated Cable Engineers Association /National Electrical 22 23 Manufacturers Association (ICEA /NEMA): 23 24 a. S -68- 516 /WC 8, Ethylene - Propylene Rubber - Insulated 24 25 Wire and Cable for the Transmission and Distribution 25 26 of Electrical Energy. 26 27 b. S -61- 402 /WC 5, Thermoplastic - Insulated Wire and Cable 27 28 for the Transmission and Distribution of Electrical 28 29 Energy. 29 30 c. S- 66- 524/WC 7, Cross - Linked Thermosetting- 30 31 Polyethylene - Insulated Wire and Cable for 31 32 Transmission and Distribution of Electrical Energy. 32 33 2. National Fire Protection Association (NFPA): 33 34 a. 70, National Electrical Code (NEC). 34 35 3. Underwriters Laboratories, Inc (UL): 35 36 a. 44, Rubber Insulated Wires and Cables. 36 37 b. 83, Thermoplastic - Insulated Wires and Cables. 37 38 c. 486A, Wire Connectors and Soldering Lugs for use with 38 39 Copper Conductors. 39 40 d. 486B, Wire Connectors for use with Aluminum 40 41 Conductors. 41 42 e. 510, Insulating Tape. 42 43 43 44 1.03 DEFINITIONS 44 45 45 46 A. Cable: Multi- conductor, insulated, with outer sheath. 46 47 47 48 B. Instrumentation Cable: Multiple pairs or triads, insulated, 48 49 each pair or triad twisted and shielded, with outer sheath, 49 50 intended for transmission and distribution of low current 50 51 (4 -20 mA) or low voltage (0 -10 V) analog signals. 51 52 52 53 C. TP: Twisted pair without shield. 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16120 -2 t 01 02 D. TST: Twisted shielded triad. 03 04 E. TSP: Twisted shielded pair. 05 06 F. Wire: Single conductor, insulated, with or without outer 07 jacket depending upon type. 08 09 1.04 SUBMITTALS 10 11 A. Shop Drawings: 12 1. See Section 01340. 13 2. Product technical data including: 14 a. Acknowledgement that products submitted meet 15 requirements of standards referenced. 16 b. Manufacturer's installation instructions. 17 3. Test reports. 18 19 20 PART 2 - PRODUCTS 21 . 22 2.01 MANUFACTURED UNITS 23 24 A. Wire: 25 1. Subject to compliance with Contract Documents, the 26 following manufacturers are acceptable: 27 a. American Insulated Wire Corporation. 28 b. Cablec Corporation. 29 c. Carol Cable Company, Inc. 30 d. ITT Royal Electric. 31 e. Okonite Company. 32 f. Rome Cable Corporation. 33 g. Southwire Company. 34 h. Triangle PWC Inc. 35 2. Conform to ICEA /NEMA S -61- 402 /WC 5, S- 66- 524/WC 7, 36 S -68- 516 /WC 8, and UL 44 and 83. 37 38 B. Cable: 39 1. Subject to compliance with Contract Documents, the 40 following manufacturers are acceptable: 41 a. American Insulated Wire Corporation. 42 b. Cablec Corporation. 43 c. Carol Cable Company, Inc. 44 d. ITT Royal Electric. 45 e. Okonite Company. 46 f. Rome Cable Corporation. 47 g. Southwire Company. 48 h. Triangle PWC Inc. 49 2. Multiconductor power cable: 50 a. Conform to ICEA /NEMA S -61- 402 /WC 5, S- 66- 524/WC 7, 51 S -68- 516 /WC 8, and UL 44 and 83. 52 53 C. Instrumentation Cable: EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 01 02 03 04 05 06 07 ' 08 09 10 11 12 13 14 15 16' 1 18 19 20 21 22 23 24 25 26 2 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ' 45 46 47 , 48 49 50 1 51 52 53 1 1 16120 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 1. Subject to compliance with Contract Documents, the 01 02 following manufacturers are acceptable: 02 03 a. Alpha Wire Corp. 03 04 b. Belden Wire and Cable. 04 05 c. Carol Cable Company, Inc. 05 06 2. UL recognized. 06 07 07 08 D. All Wire, Cable, and Instrumentation Cable: 08 09 1. UL listed or UL recognized. 09 10 2. Surface mark each conductor with manufacturer's name or 10 11 trademark, conductor size, insulation type, and UL label. 11 12 3. Insulation types: 12 13 a. THWN: 13 14 1) Conform to ICEA S -61- 402 /NEMA WC 5 and UL 83. 14 15 b. XHHW: 15 16 1) Conform to ICEA S -66- 524 /NEMA WC 7 and UL 44. 16 17 c. XLP /USE: 17 18 1) Conform to ICEA S -68- 516 /NEMA WC 8 and UL 44. 18 19 19 20 E. Splices and Taps: 20 21 1. Subject to compliance with Contract Documents, the 21 22 following manufacturers are acceptable: 22 23 a. Burndy Corporation. 23 24 b. Ideal. 24 25 c. Minnesota Mining and Manufacturing Co. 25 26 d. Penn Union. 26 27 e. Thomas and Betts. 27 28 2. UL listed. 28 29 3. Conform to UL 486A and 486B. 29 30 30 31 F. Electrical Tape: 31 32 1. Pressure sensitive vinyl. 32 33 2. Premium grade. 33 34 3. Heat, cold, moisture, and sunlight resistant. 34 35 4. UL listed. 35 36 5. Thickness, depending on use conditions: 7, 8.5, or 10 36 37 mil. 37 38 6. For cold weather or outdoor location, tape must also be 38 39 all- weather. 39 40 7. Comply with UL 510. 40 41 41 42 G. Pulling Lubricant: Cable manufacturer's standard containing 42 43 no petroleum or other products which will deteriorate 43 44 insulation. 44 45 45 46 H. Submit requests for substitutions in accordance with 46 47 Specification Section 01640. 47 48 48 49 49 50 PART 3 - EXECUTION 50 51 51 52 3.01 INSTALLATION 52 53 53 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 16120 -4 01 A. Usage of Insulation Types: 02 1. Type THWN: For branch circuits #8 AWG and smaller. 03 2. Type XHHW: For feeders and circuits #6 AWG and larger. 04 3. Type XLP /USE: For service entrance conductors. 05 06 B. No wire smaller than #12 AWG allowed, except: 07 1. Where specifically indicated on the Drawings. 08 2. Control circuits: #14 AWG. 09 3. Analog instrumentation circuits: #16 or #18 AWG. 10 11 C. Color code all wiring as follows: 12 1. Lighting and power wiring: 13 14 120/208 V 480 V 15 16 Phase 1 Black Brown 17 Phase 2 Red Orange 18 Phase 3 Blue Yellow 19 Neutrals White White 20 Ground Green Green 21 22 2. Color code ends of feeder phase conductors only. 23 24 D. Install all wiring in conduit. 25 26 E. Each feeder and branch circuit shall be installed in its own 27 individual conduit unless combining feeder and branch 28 circuits is permitted as defined in the following: 29 1. As specifically indicated on the Drawings. 30 2. For lighting, multiple branch circuits may be installed 31 in a conduit as allowed by the NEC and with the wire 32 ampacity derated in accordance with the requirements of 33 the NEC. Conduit fill shall not exceed the limits 34 established by the NEC. 35 3. When field conditions dictate and written permission is 36 obtained from the Engineer. 37 38 F. Feeder and branch circuits shall be isolated from each other 39 and from all instrumentation and control circuits. 40 41 G. Instrumentation circuits shall be isolated from all other 42 feeder, branch and control circuits. 43 1. 4 -20 mA DC and 0 -10 V DC analog signal circuits may be 44 combined in a common conduit. 45 2. Certain instrumentation equipments are "two- wire" devices 46 which accept a 24 V DC input and produce a 4 -20 mA DC 47 output. This wiring shall be in a common conduit. 48 49 H. Control circuits shall be isolated from all other feeder, 50 branch and instrumentation circuits, except as noted above. 51 1. 12 V DC, 24 V DC and 48 V DC control circuits may be 52 combined in common conduit. 53 2. 125 V DC control circuits shall be isolated from all EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS 1 01 , 02 03 II 05 06 07 08 09 10 , 11 12 13 14 ' 15 16 17 ' 18 19 20 ' 21 22 23 24 , 25 26 27 28 29 30 ' 31 32 33 34 ' 35 36 37 II 39 40 II 43 44 ' 45 46 47 ' 48 49 50 51 ' 52 53 ' 16120 -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 other DC and AC control circuits. 01 02 3. 120 V AC control circuits shall be isolated from all DC 02 03 control circuits. 03 04 04 05 I. Ground drain wire of shielded conductors at one end only. 05 06 06 07 J. Maintain electrical continuity of the shield when splicing 07 08 twisted shielded pair conductors. Fr 08 09 09 10 K. Make splices and taps only at pull or junction boxes. 10 11 1. Crimp or indenter -type connectors are not allowed, except 11 12 for control circuits landed on terminal strips. 12 13 2. For wire smaller than #6 AWG: Use insulated conical 13 14 spring type connectors. 14 15 3. For #6 AWG and larger wire: Use solderless lugs and 15 16 screw type connectors. 16 17 17 18 L. Electrical Tape Usage: 18 19 1. For insulating connections of #8 AWG wire and smaller: 7 19 20 mil vinyl tape. 20 21 2. For insulating splices and taps of #6 AWG wire or larger: 21 22 10 mil vinyl tape. 22 23 3. For insulating connections made in cold weather or in 23 24 outdoor locations: 8.5 mil, all weather vinyl tape. 24 25 25 26 M. Terminate instrumentation and control wiring, including spare ' 26 27 wires, at control panels and motor control centers on '-: 27 28 terminal boards mounted inside the equipment. ` 28 29 1. Contractor shall supply terminal boards as required. = 29 30 2. Do not field wire directly to devices. - 30 31 3. Ground both ends of spare wires. 31 32 32 33 END OF SECTION 33 EAST WASTEWATER TREATMENT PLANT CHLORINATION AND DECHLORINATION IMPROVEMENTS