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Home My WebLink About891052.tiff AGREEMENT - THIS AGREEMENT, made this 2, day of October , 1989, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and PARAMOUNT CONSTRUCTION, INC. doing business as Corporation hereinafter called "contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The contractor will commence and complete the phased construction of CONSTRUCTION OF WELD COUNTY BRIDGE 39/68A 2. The contractor shall furnish all material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein. 3. The contractor shall commence the work required by the Contract Documents in accordance with the date stated in the Special Conditions and shall complete the work within the time stated in the Special Conditions unless the period for completion is extended otherwise by the Contract Documents. 4. The contractor agrees to perform all of the work described in the Contract Documents and comply with the terms of therein for the sum of: One hundred seventeen thousand, one hundred seventy-three dollars and 00/100's ($ 117,173.00 ) for the project CONSTRUCTION OF WELD COUNTY BRIDGE 39/68A 18 4/1 , :,.. / .. 891052 C tir/ 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information for Bidders (C) Non-Collusion Statement (D) Bid (E) Bid Schedule (F) Bid Bond (G) Notice of Award (H) Acceptance of Notice (I) Agreement (J) Performance Bond (K) Payment Bond (L) Notice to Proceed (M) Change Order (N) Notice of Contractor's Settlement (0) Final Receipt and Guarantee (P) Special Conditions (Q) General Conditions (R) Technical Provisions (S) Drawings prepared by Zoyiopoulos and Associates, Inc. , numbered 1 thru 17 and 1 of 1 (T) Addendum No. , dated , 1989 No. , dated , 1989 No. , dated , 1989 6. The County will pay the contractor in the manner and at such time as set forth in the General Conditions such amounts required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 19 891052 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR BY /94,14.41.7, BY wtaw El io,.l a‘ic. NAME C.W. Kirby (Please Type) NAME Please T e) TITLE Chairman TITLE Address 363 S. Harlan St, Suite 209 Lakewood, Co 80226 (SEAL) (SEAL) AT ,��, ��//[e �'; A EST: Q)(n/`�_� E.'^"^" J vii y k7rtt4 NAME Mary Ann Feuerstein N E 7q,,,, & S (/ WO es (Please Type) V(Please Type) TITLE County Clerk and Recorder TITLE t !o Deputy County r 20 891052 ill• CERTIFICATE OF INSURANCE ISSUE 9/2Q/39 M V) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS g", Talbert Corporation NO RIGHTS EXTEND OR APLOTER N THE THE COVERAGE AFFORDED BYCERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, THE POLICIES BELOW. 1001 Lincoln Y . G. box 9364 COMPANIES AFFORDING COVERAGE Denver , t..0 nO2C9 COMPANY LETTER A U S F & G INSURANCE, CO. COMPANY B INSURED LETTER U S F & G INSURANCE CO . COMPANY C Paramount Construction, Inc . LETTER U S F & G INSURANCE CO . jbj 3 . Harlan St . , Suite 209 COMPANY LETTER D MARYLAND CASUALLY 1/4:0.Lakewood CO 80220 COMPANY E LETTER . COVERAGES THIS IS TO CERTIFY THAT THE INDICATED, NOTWITHSTANDING PANY(REQUIREMENT,TERM OR CONDITION OF ISSUED ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES TLIMIT FS SHOWN MAY HAVE BEEN REDUORDED BY THE CCED BY PAID LICIES DESCRIBED H ER EIN IS SUBJECT TO ALL THE TERMS CLAIMS . CO POLICY EFFECTIVE POLICY(E ; ALL LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER A GENERAL LIABILITY A Y iHP118264421 8/02/89 8/0219U GENERAL AGGREGATE $ GUU, X COMMERCIAL GENERAL LIABILITY PRODUCTSCAMP/OPS AGGREGATE $ 2000 CLAIMS MADE. piOCCURRENCE PERSONAL E.ADVERTISING INJURY $ 1 U0 EACH OCCURRENCE $ 1000 OWNER'S&CONTRACTORS PROTECTIVE $ J 0 FIRE DAMAGE(ANY ONE FIRE) MEDICAL EXPENSE(ANY ONE PERSON) $ B AUTOMOBILE LIABILITY 1MY11 8264421 8/U2/69 8/02/90est x ANY AUTO $ 100 BODIALL OWNED AUTOS I�LY SCHEDULED AUTOS (PER PERSON) $ Rtug X HIRED AUTOS °EIDENn $ X NON-OWNED AUTOS GARAGE LIABILITY PROPERTY C]. EACH DAMAGE $ 1MY118GU J4 1 8/02/59 /D2/9D AGGREGATE e EXCESS LIABILITY EACH ,CGS TE U X $ 2 -1 UMBRELLA FORM 2U0 c $ 2OTHER THAN UMBRELLA FORM R/U C/d 9 O/U 1/'j U STATUTORY TCUZC9&Y9U`� WORKERS'COMPENSATION $ 2 It (EACH ACCIDENT) AND $ 50 U (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY $ 50U U (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CONSTRUCTION OF WELD COUNTY BRIDGE 39/68A, NEAR LUCERNE, COLORADO **ADDITIONAL INSURED: WELD COUNTY , COLORADO , BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY AND TTS FMPJ,OYEES. CERTIFICATE HOLDER CANCELLATION*EXCEPT FOR NON-PAYMENT OF PREMIUM *na(,n aA LU DAIS WLtLLL N lNU1AL.E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE T R E BOARD OF WELD COUNTY EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL COEfiNISSIONERS *- 'DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 9 1 j 1011r1 T d STREET LEFT,BUT E TO MAIL SUCH NOTICE SHALL SE NO OBLIGATION OR GREELEY , COLORADO 80632 LIABILIT FA KIND UPONT COMPANY,ITS EN R REPRESENTATIVES. AUTH (ZED ,E yP�R�ESENTATI L/12e-e 6 [� pR/ACORDP CORPORATION 1985 2- ACORD 255(11/85) - INS..RANCE BINDER ® � ISSUE DATE(MM/DDJYY) THIS BINDER IS A TEMPORARY INSURANCE CONTRACT. SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. PI L S. FIRE INSURANCE CO„ r-lh.ltl9 t) I I"t i:? T ci fJ L?Y '} L Ct r �1 Ct F ei 'I.;; DATE •EFFECTIVE TIME DATE EXPIRATION TIME .I.(-.i0J- I.,i.ncCI1r t i; AM 1201 AM P.O. Box 7 264 9.127./S9 PM 1 j s'.:a') !i,r , NOON .I.e I I J e 1 , CO 80209 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO.: CODE 05219902 SUB-CODE DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(INCLUDING LOCATION) INSURED BRIDGE BUILDERS RISK POLICY COVERING CONSTRUCTION OF WELD F',rasTlJ;.Int Construction, Inc . COUNTY BRIDGE 39/68A NEAR LUCERNE, And The Doai d of Weld County COLORADO ($117, 1.73. ) Cr"}mmi �tiiclne;- 363 S. Harlan Si; . , Suite 209 1. i h,.,(.i:i:iC,ii ,. 1..,. 80226 COVERAGES ALL LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COU URAMCE PROPERTY CAUSES OF LOSS - BASIC nBROAD nSPECIAL In GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITYI 1 PRODUOT$COMP/OPSAGGREGATE $ MACE ❑� PERSONAL&ADVERTISING INJURY $ OWNER'S&CONTRACTORS EACH OCCURRENCE $ PROTECTIVE . FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE ALL VEHICLES I I SCHEDULED VEHICLES 'CSL 1$ 1 .. ■ LIABILITY RI PERSIACCID $ I NON/OWNED PO $ ' A. y' HIRED MED PAY $ • :-fli4, ■ GARAGE ' PIP $ s ".. .' UM $ 1:'41.' ' : AUTO PHYSICAL DAMAGE ALL VEHICLES I I SCHEDULED VEHICLES 1 ACV COLLISION DEC: STATED AMOUNT $ OTC DEC: OTHER EXCESS LIABILITY -� EACH AGGREGATE SELF-w9UREo OCCURRENCE REfEM1CN UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: STATUTORY 44. pt`' WORKER'S COMPENSATION $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) h $ (DISEASE•EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES "ALL RISK" DUIL..ER'S RISK POLICY W/ $500 DEDUCTIBLE ALL PERILS EXCEPT EARTHQUAKE ($25,000 DEDUCTIBLE) AND FLOOD ;$50,000 DEDUCTIBLE) • NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ^` LOAN# AUTHOR' O REP ESSEENTATIIVE e / ACORD 75-S(11/85) IIR/ACORD CORPORATION 1985 P-Id No. 5079188 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That PARAN X1N CONSTR rTICN. INC Name of Contractor 363 South Harlan Street, .cite 202 Lakewood, Colorado 80226 - Address of Contractor Colorado Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual. HARTFORD FIRE INSURANCE COMPANY Name of Surety Hartford, Connecticut Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, - hereinafter called County, in the penal sum of ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED SEVENTY THREE AND NO/100— Dollars ($ 117,173.00-- in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE.CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the day of 1989, a copy of which is attached and made apart hereof for the construction of: CONSTRUCTION OF WELD COUNTY BRIDGE 39/68A near Lucerne, Colorado NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertaking, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the County, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. 21 891052 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to • the terms of the contract of the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this thember) day of , 1989. • ATTEST: PARAMOUNT CONSTRUCTION, INC. Princip 1 • BY: Principal Secretary(Assistant)By Idoline Fisher chael W. Moffitt, res. t (SEAL) 363 South Harlan Street, S 209 NOT APPLICABLE Lakewood, Colorado 80226 Witness as to Principal Address - Address ATTEST: NOT APPLICABLE Surety Secretary (S ) HARTFORD FIRE INSURANCE COMPANY BY: (/a g1/2// itneslato S rety Attorney-in-Fact, J.R. Y Richards Nola A. Nash P. O. Box 9364 Address - Address Denver, Colorado Denver, Colorado 80209 NOTE: Date of bond must not be prior to date of contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. 22 _ the Talbert corporation '-+artford Fire Insurance Company II . SURETY BONDS AND INSURANCE //PP.��.�0,,,,,..�B�o� 78O80 P O BO% 9364 DENVER CO. 80209 06)V 1,coW x31052 AREA CODE 303 / 839- 1773 - — Bond No. 5079188 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Name of Contractor • X63 South Harlan Street Cairo 2O9 y ao aob 80226 - Address of contractor - - and Corporation, Partnership, or Individualhereinafter called Principal, Name of Surety Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS, 915 10th Street, Greeley, Colorado 80632, hereinafter called County, in the Penal sum of ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED SEVE Er `tHREE AND NO 00-- Dollars ($ 117,173.00— ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and asst and severally, firmly by these presents. Bns. Jointly THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the County, dated the day, 1989, a copy of which is attached and made apart hereof - v for the construction of: CONSTRUCTION OF WELD COUNTY BRIDGE 39 68A near Lucerne Colorado NOW, THEREFORE, if the Principal shall during the entire length of said contract and any extension thereof promptly make payment to all persons, firms, subcontractors, and corporation furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether subcontractor or .otherwise, then this obligation shall be void; otherwise to remain full force and effect; PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on time, alteration or addition to the terms of the contract or to the work or to the specifications. 891®52 23 PROVIDED, FURTHER, that a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this thember) day of - , 1989. • PARAMOUNT CONSTRUCTION, INC. ATTEST: Prin pal BY: �"'d.AjscS s F\a BY Principal Secretary(Assistant) ichael W. Moffitt, Pre nt (SEAL) Idoline Fisher NOT APPLICABLE '363 South Harlan Street, Suite 209 Witness as to Principal Address • — Lakewood, Colorado 80226 - • Address HARTFORD FIRE INSURANCE COMPANY Surety 4 :y4i'y4/ Bess to Attorney-in-Fact, J. R. Richards Iola A. Nash - p. 0. Box 9364 Address Address Denver, Colorado Denver, Colorado 80209 NOTE: Date of bond must not be prior,to date of contract. If contractor is a partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the state where the project is located. 24 the Talbert corporation Hartford Fire insurance Company . . SURETY BONDS AND INSURANCE P. 0. Box 378080 P.O. BOX 9964, DENVER, CO. 80209 Denver, CO 80237 AREA CODE 303 / 839.1773 �Q 891052 HAR rFORD FIRE INSURANCE COMPANY smart catxeaxd POWER OF ATTORNEY Know eV men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,does hereby make,constitute and appoint 3 4 2 7 2 4 B. R. CLARK, CHARLES H. FLECK, COURTNEY T. PETERSON, CAROL BRONDER, P. J. FARMER, ROBERT J. SUNICH, LEON B. DARTOIS, JAMES S. ROSULEK, MELVIN HARDENBROOK, JR. CELESTE MOORE, J. R. RICHARDS and WILLIAM K. BARBOUR of DENVER, COLORADO its true and lawful Attorneys)-in-Fact, with full power and authority to each of said Attoney(s)-in-Fact, in their separate capacity if more then one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March,1971. ARTICLE IV SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to appoint.for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,one or more Resident Vice-Presidents. Resident Assistant Secretaries and Attorneys-in-Fact and at any lime to remove any such Resident Vice-President. Resident Assistant Secretary,or Attomsy-in-Fad,and revoke the power and authority given to him. SECTION 11. Attorneys-in-Fad shell have power arid authority.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 thereto any and all bonds and undertakings and other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-kl-Fad shall be as binding upon the Company Y g by an Executive Officer and sealed and attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 11th day of June,1978: RESOLVED: Robert N. H. Saner,Assistant Vies-President, shall have as long as he holds such office the same power as any Vice- President under Sections 6,7 and s of Article IV of the By-Laws of the Company. This power of attorney Is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August.1976. RESOLVED,that,whereas Robed N.H.Saner,Assistant Vies-President,acting with any Secretary or Assistant Secretary,has the power and authority.as long as he holds sued office,to appoint by s power of attorney, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents,Assistant Secretaries and Attorney- in-Fact: Now, therefore,the*ignatunp of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid end binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President,and its corporate seal to be hereto affixed,duly attested by its Secretary, this 18th day of March 1988. Attest: HARTFORD FIRE INSURANCE COMPANY /701C1-77 * are-71-12(--1/4 Robert J.Mathieu Robert N Saner Secretary Assistant Vice-President STATE OF CONNECTICUT, s. COUNTY OF HARTFORD, On this 18th er before sworn, did depose and say: that he resides in the County of H r Hartford, State of Connecticut; that he is g by me duly came t the Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT, .) \„ ,/r�/�}• .-�i •�J.� . e(j COUNTY OF HARTFORD, JI} s CERTIFICATE ) Q Jacquel• ineT.hosiers,Notary Public My Commission Expires April 1,1993 I. the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney,are now in force. Signed and sealed at the City of Hartford. Dated the day of n 19 lvdAJOhn 4 David A.Johnson Farm S-3507-4 (HS) Printed in U.S.A. 05 Assistant Secretary 891 This Declarations page with Policy Conditions completes the bel—n numbered Policy. POLICY NUMBER '320 457974 4 MEMORANDUM COPY RENEWAL OF: NEW Denver THIS INSURANCE POLICY IS ISSUED BY RETURN TO 12 UNITED STATES FIRE INSURANCE COMPANY COMPANY ❑ THE NORTH RIVER INSURANCE COMPANY IF CANCELED ❑ WESTCHESTER FIRE INSURANCE COMPANY ❑ INTERNATIONAL INSURANCE COMPANY GCrum and Forster organizations NAMED INSURED PARAMOUNT CONSTRUCTION, INC. AND • THE BOARD OF WELD COUNTY COMMISSIONERS ADDRESS: 363 South Harlan Street, Suite 209 • Lakewood, CO 80226 Number, Street, Town, County, State&Zip • Policy Period: 12:01 AM.,SlaridardThrieat$ceOllssuanct. From: September 27, 1989 To: December 27, 1989 REPRESENTATIVE: Agent or Broker • 07-53990 • THE TALBERT CORPORATION Office Address • P.O. Box 9364 • Denver, CO 80209 Town, State&Zip • AMOUNT OF INSURANCE RATE TOTAL PREMIUM $ 117,173. Various $ 1,000.Flat If Premium Paid In Annual Installments,Premium Due: S At Inception S First Anniversary S Second Anniversary In consideration of the stipulations herein named and of the premium above specified the Company does insure the above Named Insured, hereinafter called the Insured, whose address is shown above, from the inception date shown above, at 12:01 A.M., to the expiration date shown above, at 12:01 A.M., Standard Time at place of issuance,to an amount not exceeding the amount(s)above specified, on the property covered. FORMS AND ENDORSEMENTS MADE PART OF THIS POLICY AT TIME OF ISSUE: FM.300.0.714(5/83), FM.300.0.397(4/83) , ARBR-1(83) , IL0228(10/87) This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. 10/11/89fy/jw Countersigned by 911T A /1 riz epreEen tive"r FORM 300.0.437(5-83) RETURN THIS DECLARATION TO COMPANY IF CANCELED-SPOILED-OR NOT USED. BUILDER'S RISK/INSTALLATION POLICY FORM PROPERTY COVERED This policy covers all labor and property (whether property of the Insured or property of others for which the Insured may be responsible or shall have assumed responsibility)of every kind and description whether incorporated or not incorporated in, used or to be used in, a part of, removed from or incidental to construction, reconstruction, repair or alteration projects at the following location(s): Cnnatruction of Weld County Bridge 19168A near Lucerne, Colorado SCOPE OF COVERAGE This insurance attaches while the property is at the risk of the Insured in transit or otherwise within the United States of America, the District of Columbia, Canada or Puerto Rico and covers until the Insured's interest ceases and the property is formally accepted by the purchaser, or until termination of this policy, whichever shall first occur. PROPERTY NOT COVERED This policy does not cover: (a) Money,notes,accounts,bills,currency,deeds,evidence of debt,securities, manuscripts, records or other documents; (b) Insured's,contractor's, or subcontractor's tools or equipment (other than forms, false work, or scaffolding) used by the Insured; (c) As respects alteration, repair or reconstruction work, this policy excludes damage to existing structures other than to the actual work performed by or on behalf of the Insured. This exclusion shall not apply where the Insured has assumed responsibility for existing structures and the values of which have been included for premium computation. PERILS INSURED This policy insures against all risks of direct physical loss from any external cause to the property covered,except as hereinafter excluded. LIMITS OF LIABILITY The Company shall not be liable in any one loss for more than the following limits: (a) $ 11.717. with respect to property in transit; (b) $ 1 17,173 with respect to property at Construction Site; (c) $ 11 ,717. with respect to property at other locations; (d) $ 117.173. with respect to any one loss due to earthquake; • DEDUCTIBLE Each claim for loss shall be adjusted separately and from the amount of each adjusted claim the sum of$ 500. shall be deducted. Loss by earthquake is subject to a deductible of$ 29,non EXCLUSIONS This policy does not insure against: (a) Flood, unless endorsed hereon. Flood shall mean waves, tide or tidal wave, overflow of streams or other bodies of water, all whether driven by wind or not. This exclusion shall not apply to ensuing loss by fire or explosion nor to property in due course of transit; (b) Loss revealed by inventory shortage or disappearance unless it can be reasonably presumed to be caused by theft; (c) Infidelity of the Insured's employees; (d) Mechanical breakdown but this exclusion shall not be deemed to exclude loss or damage arising as a consequence of mechanical breakdown; (e) Cost of making good faulty workmanship, construction or design, but this shall not apply to damage resulting from such faulty workmanship,construction or design. This exclusion shall not apply in the event of fire, explosion or Acts of God; ARBR-1 (83) Page 1 of 4 (1) Loss by electrical currents artificially generated to electrical apparatus unless loss by a peril not otherwise excluded ensues, and then only for loss caused by the ensuing peril; (g) Loss which is due and confined to wear and tear, normal upkeep, inherent vice, latent defect or vermin, unless such damage is the direct result of a peril not otherwise excluded; (h) Loss of use or occupancy, penalties for non-completion of or delay in completion of contract or non-compliance with contract conditions; (i) Loss caused by neglect of the insured to use all reasonable means to save and preserve the property at and after any disaster insured against; (j) Earthquake, unless a limit of liability is indicated in the limits of liability paragraph. Each loss by earthquake shall constitute a single occurrence hereunder, provided that if more than one earthquake shock shall occur within any period of seventy-two hours during the term of this policy, such earthquake shocks shall be deemed to be a single earthquake within the meaning hereof. Earthquake shall mean the shaking of the earth's crust, caused by underground volcanic forces or shifting of rock; (k) Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, approximate or remote, or being whole or in part caused by, contributed to or aggravated by the peril(s) insured against in this policy; 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 in- sured against by this policy; (I) Loss caused by or resulting from: (1)hostile or war-like action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (a) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or airforces; or (b) by military, naval or airforces; or(c)by an agent of any such government, power, authority or forces; (2)any weapon of war employing atomic fission or radioactive force whether in time of peace yr war, contamination attributable to radioactive or fis- sionable materials; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risk of contraband or illegal transportation or trade. EXTENSIONS OF COVERAGE I)GENERAL AVERAGE&SALVAGE CHARGES: The Company will also pay, subject otherwise to the terms and condi- tions of this policy general average and salvage charges for which the insured is responsible on shipments covered hereunder. 2)DEBRIS REMOVAL:In the event of loss by perils insured,this policy will pay the cost of removal of material and debris being an insured part of the property. Insurance on such costs shall apply in addition to insurance otherwise provided by this policy, but not exceeding an additional limit equivalent to 10% (ten percent)of the limit of liability at the Construction Site. 3)SUBCONTRACTORS: This policy covers the interest of subcontractors, sub-subcontractors, and suppliers of the Insured but only while the property covered is situated at Construction Sites of the Insured. CONDITIONS 1) 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 sixty (60)days after receipt of proof of loss by the Company, select a competent and disinterested ap- praiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen (15) 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 State in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Insured and the Company shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Company shall not be held to have waived any of its rights by any act relating to appraisal. 2)CANCELLATION.This policy may be cancelled by the Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Insured at the address shown in this policy or last known address written notice stating when, not less than thirty (30) days thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date of the 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 pro- cedure. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made at the time cancellation is effected and, if 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 of any refund of premium due to the Insured. ARBR-I (83) Page 2 of 4 3) CHANGES. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Company from asserting any right under the terms of this policy, nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 4)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. 5) DEFINITION. The word "loss" as used herein shall include damage. 6)EXAMINATION UNDER OATH.The Insured,as often as may be reasonably required,shall exhibit to any person designated by the Company all that remains of any property herein described, and shall submit, and in so far as is within his or their power cause his or their employees,members of the household and others to submit to examinations under oath by any person named by the Company and subscribe the same; and, as often as may be reasonably required, shall produce for examination all writings,books of account,bills,invoices and other vouchers,or certified copies thereof if originals be lost,at such reasonable time and place as may be designated by the Company or its representative, and shall permit extracts and copies thereof to be made. No such examination under oath or examination of books or documents, nor any other act of the Company or any of its employees or representatives in connection with the investigation of any loss or claim hereunder, shall be deemed a waiver of any defense which the Company might otherwise have with respect to any loss or claim, but all such examinations and acts shall be deemed to have been made or done without prejudice to the Company's liability. 7) INSPECTION AND AUDIT. The Company shall be permitted but not obligated to inspect the Insured's property and operations at any time. Neither the right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Insured or others to determine or warrant that such property or operations are safe or healthful or are in compliance with any law,rule or regulation. The Company may examine and audit the Insured's books and records at any time during the policy period and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 8) LOSS CLAUSE. Any loss hereunder shall not reduce the amount of this policy. 9)LOSS PAYABLE CLAUSE.Loss,if any,shall be adjusted with the Insured and shall be payable to him unless other payee is specifically named hereunder. 10) MISREPRESENTATION AND FRAUD. This entire policy shall be void, if, whether before or after a loss, the Insured has concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the Insured therein, or in case of any fraud or false swearing by the Insured relating thereto. 11) NO BENEFIT TO BAILEE. This insurance shall not inure directly or indirectly to the benefit of any carrier or other bailee for hire. 12) NO CONTROL. This insurance shall not be prejudiced: 1) By any act or neglect of the owner of any building if the Insured is not the owner hereof, 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 is not within the control of the Insured, or 2) By failure of the Insured to comply with any warranty or condition contained in any form or endorsement attached to this policy with regard to any portion of the premises over which the Insured has no control. 13)NOTICE OF LOSS. In the event of loss,the Insured shall give notice to the Company with full particulars,and a detailed sworn proof of loss shall be filed with the Company within 180(one hundred eighty)days following determination of the loss. 14)OCCUPANCY. Permission is hereby granted for partial and/or beneficial occupancy of buildings, additions or structures prior to completion or the formal acceptance by purchaser. 15)OTHER INSURANCE.The Company shall not be liable for loss, if at the time of loss,there is any other valid and collec- tible insurance which would attach if this insurance had not been effected,except that this insurance shall apply only as excess and in no event as contributing insurance, and then only after all such other insurance has been exhausted. 16)PERMITS AND USE. Except as otherwise provided herein,permission is hereby granted in the event of loss hereunder, to make reasonable repairs,temporary or permanent. The cost of any such repairs directly attributable to damage by any peril not otherwise excluded shall be included in determining the amount of loss hereunder. Nothing herein contained is intended to modify the policy requirements applicable in case loss occurs, and in particular the requirement that, in case loss occurs, the Insured shall protect the property from further damage. 17)PROTECTION OF PROPERTY. In case of loss, it shall be lawful and necessary for the Insured,his or their factors, ser- vants 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 the Company, in recovering, saving and preserving the property insured in case of loss be considered a waiver or an acceptance of abandonment. The expenses so incurred shall be borne by the Insured and the Company proportionately to the extent of their respective interests. ARBR-I (83) Page 3 of 4 18),SETTLEMENT OF LOSS. All adjusted claims shall be paid or made good to the Insured within sixty (60) days after presentation and acceptance of satisfactory proof of interest and loss at the office of the Company. No loss shall be paid or made good if the Insured has collected the same from others. 19) SUBROGATION. In the event of any payment under this policy, this Company shall be subrogated to all the Insured's rights to recovery therefore against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. This insurance shall not be invalidated should the Insured waive in writing prior to a loss any or all right of recovery against any party for loss occurring to the property described herein. As respects property in transit, the Insured may,without prejudice to this insurance,accept such bills of lading,receipts or contacts of transportation as are ordinarily issued by carriers contain- ing a limitation as to the value of such goods or merchandise. 20) SUIT. No suit, action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless the same be commenced within twelve(12)months next after discovery by the Insured of the occurrence which gives rise to the claim, provided however, that if by the laws of the State within which this policy is issued such limita- tion is invalid, then any such claims shall be void unless such action, suit or proceeding be commenced within the shortest limit of time permitted by the laws of such State. 21)VALUATION. As respects alteration, repair or reconstruction work,the Company shall be liable for the actual cash value of insured existing structures at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash 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. As respects all other property, this company shall be liable for the replacement cost (no deduction or depreciation) of the property damaged at the time of loss or the cost of repairs therefor. The extent of loss under this policy shall be determined by the cost of repairing or replacing damaged material and supplies. With respect to work performed it shall include all costs necessary to restore the work to the same condition as it was in prior to the loss, including the cost of debris removal, necessary cleanup work, overhead and reasonable profit. 22) This form cancels and replaces all provisions and stipulations of the policy inconsistent herewith. Attached to and forming part of Policy No. , effective issued to by Name of Insurance Company AUTHORIZED REPRESENTATIVE the Talbert corporation SURETY BONDS AND INSURANCE DENVER, COLORADO GRAND JUNCTION, COLORADO CASPER, WYOMING SALT LAKE CITY, UTAH ARBR-1 (83) Page 4 of 4 ♦ Crum and Forster insurance organizations BUILDERS' RISK AND TRANSPORTATION FORM Flood Extension Endorsement Attached to and made part of Policy No. Effective from inception and in consideration of the premium charged, it is agreed that this policy is extended to cover loss or damage caused by or resulting from Flood. The term "flood" shall mean, waves, tide or tidal water,and the rising (including the overflowing or breaking of boundaries) of lakes, ponds, reservoirs, rivers, harbors, streams and similar bodies of water,whether driven by wind or not. The liability of this Company for such loss or damage shall not exceed$ 117,173. on property insured at any one loca- tion; nor for more than$ 117,173. in any one casualty;either in case of partial or total loss or salvage charges, or any other charges or expenses or all combined. In no event, however, shall the aggregate liability of this Company for such losses exceed $ 117,173 in any single policy year. Each claim for loss or damage by Flood (separately occurring), shall be adjusted separately and from the amount of each such adjusted claim or the applicable limit of liability,whichever is less,the sum of$ S(),000 shall be deducted. In the event of any recovery or salvage on a loss which has been or is being or is about to be paid hereunder, such recovery or salvage shall accrue entirely to the benefit of the Company under this policy until the sum paid by the Company has been satisfied. All other terms and conditions remain unchanged. FM 300.0.397 (4-83) • • `P' 1811:3X trY'?"isditikt 2a .4 s sf.��. r'-( ".;s. at',+ ?,1***!, .. Builder's Risk Guide To Loss Control , U.S. Insurance Group A Crum and Forster Organization } \ . / > \ i. \ 2 ., 2 � � ■ / a > } \ \ l ) \ j/ �?» : «? »° f � � �� / _—.z /\ \ , \ 2..11 / \ \ : y ,d2» ©« © ?y j -1 a . ) / 6 \ - \ . .E E /° : imillipi . awes aim aim••=ma d Buildings under construction are particularly susceptible to substantial loss caused by the numerous operations involved in the project and the environmental conditions that may exist. The potential for serious loss or damage is often greater during the course of construction than after the project is completed. Many of these losses could be prevented through management's attention to the suggestions identified in this guide. MANAGEMENT PRE-CONSTRUCTION PLANNING RESPONSIBILITIES • Pre-construction planning should include careful selection of the site and of the general contractor or subcontractors. HOUSEKEEPING PROCEDURES • Establish overall good housekeeping procedures, including isola- tion and control of flammables and scheduling daily cleanup. INVENTORY CONTROL • Provide an inventory control program for all materials to be used in the project. SAFETY PROGRAM • Develop an effective safety program with an individual designated to oversee and monitor the program. ZONE/BUILDING ORDINANCES • Comply with Federal, State and local regulations. FIRE PREVENTION TRASH REMOVAL • Remove packing materials and other trash regularly. Do not allow trash to accumulate on the site. SAFE WELDING PROCEDURES • Welding and cutting operations should be conducted safely, away from combustible materials. A fire watch should be posted in the area during operations and for 30 minutes after hot-work is completed. Protect exposed, immovable combustibles. FIRE EXTINGUISHERS • Fire extinguishers should be readily available throughout the construction site. WATER SUPPLY • A reliable, accessible and adequate water supply should be pro- vided for all areas of the job site. TEMPORARY HEATING • Temporary heat should be provided by U.L. listed, properly in- stalled gas, oil or electrical heaters. Prohibit bonfires and drum fires. TEMPORARY WIRING • Temporary electrical service and circuits should be installed in accordance with the National Electrical Code. GASES/FLAMMABLE LIQUIDS • Fuel gases should be stored away from oxidizing gases and other possible sources of ignition. Flammable liquids should be limited in quantity to that necessary for operations. SPRINKLER INSTALLATION • Permanent sprinkler and standpipe systems with hose connec- tions should be completed and placed in service on each floor as early as possible during construction. FIRE DEPARTMENT • Suitable facilities to call the public fire department should be provided, and known to all employees at the job site. SITE EXPOSURES DELIVERY SCHEDULES • Minimize job site storage exposures by scheduling delivery of materials. Assign one person to accept deliveries. WIND DAMAGE • Determine weather history of the area. Even moderate winds can cause damage to partially completed structures such as framing, unsupported masonry and tilt-up construction. Provide adequate bracing to avoid wind damage. FLOODING CONDITIONS • Consider local site conditions that could induce flash flooding such as: temporary grading conditions, upslope exposures, gulleys, washes, dams, reservoirs, water impoundment on or adjacent to site. Provide adequate drainage facilities for flash flooding or unusual rains. PARKING AREAS • Provide on-site parking in designated areas for necessary vehicles only—locate employee parking away from the job site fence. WEATHER DAMAGE • Property susceptible to damage by weather conditions should not be stored in the open. TRANSPORTATION TRANSPORT OF MATERIALS • Ensure that proper equipment, such as low boys, flat beds or vans, is used for transporting material. Also use capable and experienced drivers. PROPER ROUTING • Pre-plan transit routes to avoid low overpasses or bridges with weight restrictions. HOISTING/RIGGING • When hoisting or rigging is necessary, use a licensed capable rigger and follow the manufacturer's recommended procedures when loading or unloading equipment and materials. SECURITY SECURITY PLAN • Develop a job site security plan and assign security respon- sibilities to designated individuals. LIGHTING/WATCHMAN • Provide watchman and adequate lighting to prevent theft and vandalism losses. SITE FENCING • Provide adequate but limited access with locking gates. Enclose the site with an 8-foot chain-link fence and have a construction trailer at the gate. POLICE ASSISTANCE • Contact police authorities and solicit the aid of neighbors to watch the job site. THEFT/VANDALISM • Store machinery and materials of high value in secured areas. Require reports of theft and vandalism and maintain complete records. It is in our mutual interest to reduce the possibility of a loss, and USIG is available to offer assistance to achieve this goal. For more information on Loss Control, contact your independent agent or broker, or the nearest USIG office. C2 US insurance Group A Crum and Forster Organization • FM 34.0.61D(986) OOM2103 INLAND FLOATER POLICY $ Crum& Forster Commercial insurance A XEROX Financial Services Organization sx.. x1 x " bb 'I a � � t r ?'yF �^ iiF7 x t. + 9. i f' a 1r.1.4;r:/ pr 47;,. 5 si'`f . t..s y : t 7 . fi• Vdf D4 1 M� .9. f_ _ a United States Fire Insurance Company International Insurance Company A New York Corporation Home Office: New York, N.Y. An Illinois Corporation Home Office: Chicago, Illinois Westchester Fire insurance Company 0 The North River Insurance Company A New York Corporation Home Office: New York, N.Y. �t A New Jersey Corporation Home Office: Township of Morris, N.J. Crum& Forster Commercial Insurance A XEROX Financial Services Organization THE COMPANY NAMED ON THE DECLARATIONS PAGE (Each a Capital Stock Company) Conditions • 1. Misrepresentation and Fraud.This entire policy shall be void if,whether 8. No Benefit to Bailee. This insurance shah in nowise inure directly or before or after a loss, the Insured has concealed or misrepresented any indirectly to the benefit of any carrier or other bailee. material fact or circumstance concerning this insurance or the subject thereof, or the interest of the Insured therein,or in case of any fraud or false swearing by the Insured relating thereto. 9. Subrogation or Loan. If in the event of loss or damage the Insured shall gainst ny 2. Infidelity. This policy does not insure against loss or damage caused by lossof,acquire byy lgthe Company,ht of action property assign coveredand individual, transfer such su h the Insured ilght for of requested or damage to, hereunder, Insured will, if c im or misappropriation, secretion, conversion, infidelity or any dishonest act on action to the Company or,at the Company's option,execute and deliver to the part of the Insured or other party of interest, his or their employees or the Company the customary form of loan receipt upon receiving an advance agents or others to whom the property may be entrusted (carriers for hire of funds in respect of the loss or damage:and will subrogate the Company excepted). 3. Notice of Loss.The Insured shall as soon as practicable report in writing to,or will hold in trust for the advanced, and ,al lll ermi s ltght tof a be brou n ction to Insured's t he etree the exnse of the to the Company or its agent every loss,damage or occurrence which may of the amount give rise to a claim under this policy and shall also file with the Company or 10.Reduction ein Amount of under the lr insu ection ance nThe of adt mount of nsuranceo and athe its agent within ninety(90)days from date of discovery of such loss,damage applicable limit of liability, upon the occurrence of any loss covered here. or occurrence, a detailed sworn proof of loss. 4. Examination Under Oath. The Insured, as often as may be reasonably under, is reduced by the amount of such loss. required, shall exhibit to any 11. Pair, Set or Paris. In the event of loss of or damage to: remains of any property person designated by the Company all that pro err herein described, and shall submit, and in so far (a) any article or articles which are a part of a pair or set,the measure of as is within his or their power cause his or their employees,members of the household and others to submit to examinations under oath by any loss of or damage to sucharticle or articles shall be a reasonable and named by the Company and subscribe the same;and,as often as may be fair damage importance of totalsaid article or articles,but in ft vent shall such paybe proportion of the value of the pair or set,giving consideration noreasonably required, shall produce for examination all writings, books of to the account, bills, invoices and other vouchers, or certified copies thereof if loss or be construed to mean total loss of the pair or set;or originals be lost, at such reasonable time and place as may be designated (b)any part of property covered consisting, when complete for use, of by the Company or its representative, and shall 9 several parts, the Company shall only be liable for the value of the copies thereof to be made. No such examination under roath eor examnacts a part lost or damaged. tion of books or documents, nor any other act of the Company or any of its employees or representatives in connection with the investigation of any 12 Protection of Property. In case of loss, it shall be lawful and necessary loss or claim hereunder,shall be deemed a waiver of any defense which the for the Insured,his or their factors, servants and assigns,to sue, labor,and Company might otherwise have with respect to any loss or claim, but all travel for, in and about the defense,safeguard and recovery of the property such Coexmpany ofs and acts be deemed to have been made or done t insured orshall the acts of theo any Insuredpart thereof,Company,p prejudice o toer this saving and nor the acts or the in recovering,saving and without prejudice to the Company's liability. preserving the property insured in case of loss be cgnsidered a waiver or an 5. Valuation.The Company shall not be liable beyond the actual cash value by the acceptance of Insured and the Company The expenses so incurred shall be borne of the property at the time any loss or damage occurs and the loss or damage respective bandonmee interests shall be ascertained or estimated according to such actual cash value with Proportionately to the extent of their exceed what it wotion uld depreciation, ciatioo repaireplace the same with no event 13. Suit.No suit, action or proceeding for the recovery of any claim under proper of like kind and quality. this policy shall be sustainable in any court of law or equity unless the same lve )months next discovery by the 6. Coinsurance. The Company shall not be liable for a greater proportion by the laws be ofthe ce within within h the claim, cy after issued such limitation of any loss of or damage to the property covered hereunder than the is of invalid, the the n any such claims shallhich gives rise bebe void l unless)such action, suit for amount insured under this policy bears to the aggregate value (as deter- proceeding be commenced within the shortest limit of time permitted by mined by where by the luateaga sure cont inedi d in ®t this policy)may)of loss shalpler cu the laws of such State. • al r. 14.7. Settlement of Loss.All adjusted claims shall be paid or made good to the of loss. each shall,on the written demand of either,made within six amount ty days Insured within sixty (60) days after presentation and acceptance of satis- after receipt aof proof of loss by the Company,l.If the Insured and the Company select select a competent tea and dis- factory proof of interest and loss at the office of the Company.No loss shall interested appraiser, and the appraisal shall be made at a reasonable time be paid or made good if the Insured has collected the same from others. and place. The appraisers shall first select a competent and disinterested (2) umpire.and failing for fifteen'days to agree upon sub. Jmpire,then.on the ance which would apply ii .,,e absence of this policy,the insurance under request of the Insured or the Company.such umpire shall be selected by a this policy shall apply only as excess insurance over such other insurance. judge of a court of record in the State in which such appraisal is pending. 23. Agent of Insured. If any party or parties other than the Insured have The appraisers shall then appraise the loss, stating separately the actual procured this policy, or any renewal thereof,or any endorsement thereon, cash value at the time of loss and the amount of loss,and failing to agree shall they shall be deemed to be the Agents of the Insured and not of the submit their differences to the umpire. An award in writing of any two shall Company in any and all transactions and representations relating to this determine the amount of loss. The Insured and the Company shall each insurance. pay his or its chosen appraiser and shall bear equally the other expenses 24. Im airmen) of Recovery Rights. Any act or agreement by the Insured of the appraisal and umpire. The Company shall not be held to have waived P any of its rights by any act relating to appraisal. before or after loss or damage whereby any right of the Insured to recover in whole or in part for loss or damage to property covered hereunder against 15. cancelation. This policy may be canceled by the Insured by surrender any carrier, bailee or other party liable therefor, is released. impaired or thereof to the Company or any of its authorized agents or by mailing to the lost, shall render this policy null and void. but the Insurer's right to retain Company written notice stating when thereafter such cancelation shall be or recover the premium shall not be affected. The Company is not liable effective. This policy may be canceled by the Company by mailing to the for any loss or damage which.without its written consent, has been settled Insured at the address shown in this policy or last known address written or compromised by the Insured. notice stating when, not less than five (5)days thereafter,such cancelation shall be effective.The mailing of notice as aforesaid shall be sufficient proof 25. Assignment. This policy shall be void if assigned or transferred with- of notice. The time of surrender or the effective date of the cancelation out the written consent of the Company. stated in the notice shall become the end of the policy period. Delivery of 26. Claims Against Third Parties. In the event of any loss of or damage to such written notice either by the Insured or by the Company shall be the property covered hereunder the Insured shall immediately make claim equivalent to mailing. in writing against the carrier(s), bailee(s) or others involved. If the Insured cancels,earned premiums shall be computed in accordance 27. War Risk Exclusion Clause—It is agreed that this policy does not cover with the customary short rate table and procedure. If the Company cancels. loss or damage caused by or resulting from: earned premium shall be computed pro rata. Premium adjustment may be 1 hostile or warlike action in time of peace or action in made at the time cancelation is effected and,if not then made,shall be made (1) hostile or or defending of war, including ctioin as soon as practicable after cancelation becomes effective.The Company's expected attack,combating by and fending against or sovereignactual,power impending jn or ot check the check of its representative f anyrefu mof or delivered as afInsured.d de facto), or by any authority maintaining or using military, naval or air shall be a sufficient tender of any refund of premium due to the Insured. forces; or (b) by military, naval or air forces; or (c) by an agent of any 16. Changes. Notice to any agent or knowledge possessed by any agent such government, power, authority or forces; or by any other person shall not effect a waiver or a change in any part of 2war employingatomic fission or radioactive force this policy or estop the Company from asserting any right under the terms ( ) any weapon of of this policy, nor shall the terms of this policy be waived or changed, whether in time of peace yin except by endorsement issued to form a part of this policy. (3) insurrection, rebellion, revolution, civil war, usurped power, or action 17. Conformity to Statute. Terms of this policy which are in conflict with taken by governmental authority in hindering, combating or defending the statutes of the State wherein this policy is issued are hereby amended against such an occurrence,seizure or destruction under quarantine or to conform to such statutes. customs regulations,confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. 18. Civil Authority. Property covered under this policy against the peril of fire is also covered against the risk of damage or destruction by civil 28. Nuclear Exclusion Clauses—If this policy does not Include coverage authority during a conflagration and for the purpose of retarding the same; against the perils of fire it is agreed that the following exclusion applies:The provided that neither such conflagration nor such damage or destruction Company shall not be liable for loss by nuclear reaction or nuclear radiation is caused or contributed to by a peril otherwise excluded herein or radioactive contamination. all whether controlled or uncontrolled, and whether such loss be direct or indirect,proximate or remote,or be in whole 19. Territorial Clause. This policy applies only to loss to property during or in part caused by, contributed to, or aggravated by the peril(s) insured the policy period while such property is within the forty-eight contiguous against in this policy. States of the United States of America and the District of Columbia. If this policy includes coverage against the perils of fire it is agreed that 20. Labels.In the event of loss of or damage to labels,capsules or wrappers, the following exclusion applies: The Company shall not be liable for loss the loss shall be adjusted on the basis of an amount sufficient to pay the by nuclear reaction or nuclear radiation or radioactive contamination, all cost of new labels, capsules or wrappers. whether controlled or uncontrolled. and whether such loss be direct or 21. Machinery. In the event of loss of or damage to machinery consisting, indirect, proximate or remote, or be in whole or in part caused by, con- when complete for sale or use.of several parts,the Company shall only be tributed to, or aggravated by the perils) insured against in this policy, liable for the value of the part(s) lost or damaged. however,subject to the foregoing and all provisions of this policy,direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive 22. Other Insurance. If at the time of loss or damage there is available to a contamination is insured against by this policy. named or unnamed insured or any other interested party any other insur- IN WITNESS WHEREOF,the Company has caused this policy to be signed by its Vice Chairman of the Board and Secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page countersigned by a duly authorizedrepresentah'eot theCompany. 6.531- 71;;La:Z(1, .-decc..tos, , Antoinette C. Bentley Robert J.Vairo Vice Chairman of the Board Secretary FM 300.0.714 (5-83) Print date (5-87) (4) Hello