Loading...
HomeMy WebLinkAbout1972_LIABILITY POLICY ELLIS CROTTY POWERS & CO UABIUT r P WCY rNNIrIDEVrvUN ON TOWER •CA:L-i- TExn;•2•:7s t;•~ EL PORT- = Eili-S C o C Cr. rr.1 C , •¢\.P ELLIS .t 'owranLe ind Ronds 'Z E RUS►+ C PC THE COMPANY NAMED ON THE DECLARATk:41S PAGE A STOCK COMPANY (HEREIN CALLED THE COMP UYYl Agrees with the insured, nameJ vs the dee:aravons rro& a part t,ereul, in c,-nsi&ralio11 of lh6 paomenl of the premium" h, vehEnce tppci+ the in ii`? declarations and subject to the limit of }ab'tsty. exclusions, conditions and other tears of thb policy DEFINITIONS When used in this pclicy lairckuding endorserricnts forming a part hereof): "ekvater" means any hoisting or kkwering de. ice to cennect floss or landings, whether or not in tervice, and all appliances thereof including "astaeebile" means a land motor vehicle, trailer or semrrailer designed any car, platform, shaft, ho;stway. stairway, runway, po+er equipment and for travel on public roads (including any machinery or apparatus attached mach.-eery; but does not include an automobile ser.ic,ng hoiss, or a hoist thereto(, but does not include mobile equipment, without a plttform outside a building if without mechanical power or if not attached to building waits. or a hod or material hoist used in alteration, ..bodily iniury" means bodily injury, s;ekneu or disease sustained by any construction or demolition operations. or an inclined con.tyor used exclu• person, sivey for carrying property or a dumowaiter used exctush ely for carrying property and having a ceimpart. tit height not exceeding four feet, "careoletd eperatiaws batarf" includes bodily injury and property dam- "ierc;deatal contract" means any wriltcn (1) lease of premises, 121 ease. s" aris;rg vu, of operations or reliance upon a representation or warranty me-it agrccaent, except in con+ecricvt with construct on or demo(t on made at any lino with respect thereto, but only i. the bodily injury or prop. yerat:oni on or adjacent to a ra8rorl. 431 undertaking to indemnify s donrdoryd damage coccuris urs away from such operations hose been completed the njmervwd mu licipalrty required by municipal o.dinance, except in connection with inSUredand occurs rom premises c•.ncd by or anted to the work few the mVnKipahty, (4) sidetrack ~rcemcn', or 45) e:c ecir rran- . -Operations" ns" i rKl;ude materials, parrs or Nuipmenl lurnish:.f in concern n therewith. Operations shall br deemed convicted at the earliest tenancP agr.•cmert; of the folk,wing times: "insured- means any person or crgznization quahlyinq as an insured in when all operations to be performed by or cr behalf of the named ;n the "Persons lnsuied•' prosision of the aVlicabte insurance coierage. The scared under the contract have been cornpkted, inw-a-Ke affcrdcd applies separately to each insured against whom claim is made or wit is brought, except wigs respect to the ;imits of the com- (2) when all operations to be performed by or on behalf of the named in. pany's liability; sured at the site of the operations have bean coropleted, or "Rtobile e,uiprwerN" means 1 tand vehicle (inchdirg any mxhiney or ' apparatus attached thereto, whether or not self-propelled, (1) not subject 13) when the portion of the work vut of which the injury or 3amage arises to motor vehicle regisuatisn, at (2) maintained for use exclusively on has been put to its intended use by any person or organization other premises cwned by or rented to the named insured, including the ways ;m• than another contractor or subcontractor e.gaged in performing oper• rncd;ateh• adjoining, or (3) designed for use principals off public roads, or ations fur a principal as a part of the sarise project. (4) dtsigiited or maintained for the sole pw•pose of affording mobility to equipment of the following types forming an integral part of or permanently Operations which may require further service or mainlensnce work, or attached to such vehicle: power cranes, shovels, loaders, diggers and drills; correction, repair or replacement because of any defect or deficiency, but concrete mixers (other than the mist-in-Transit type); graders, scrapers, which are or'serwise complete, shall be deemed convicted. rollers and other road construction or repair equipment; air-compressors, pumps and generators, including spraying, welding and building cleaning The completed operations hazard does not include bodily injury or prop. equipment; and geophysical exploration and well servicing equipment; erly damage arising out of „named }wtwed" neaps the person or orgarl;:atiofl named in Item 1. of fa) operations in connection with the trilnspoelation of property, unless GM. of this policy; the dcc(arati :he bodily injury or property darr age arises rut of a condition in or on a vehicle created by the loading or unlaading thereof, "rraR.e1 insure/'s products" means moods or products manufactured, (b) the existence of toots, uninstAled equipment or abandoned or unused iold• handled or distributed by the roamed insured or by others trading materials, or udder his name, including any container thereof lother than a vehicle), but "named insurieWs products" shall riot incl,tde a vending machine cw any W operations for which the classification stated in the policy or in the property other than such cenla;rer, rented to or located for use of others company *s manual specifies "including completed operations"; but not sold; "damages" includes damages for '.oath and for care and loss of services "occurrence" means an accident, including injurious exposure to con. resulting from bodily injury and damages for loss of use of property result- ditions, whirl. results, during the policy period, in bodily injury or property irg from p:opcrty damage; damage neither expec`ed ror intended from the standpoint of the ;nswed; t LIGO RI 1711 1) 1 r G'2'rI14ITIONS (Continued) "policy territory" means: provided the original wit for such damages is brought wilh.n such 111 the United States of America, as te+riteries or pnsxs• •arq. D+ Ca•vada, territory; or "produces havarcl" includes bodily injury and property damage ari,ing our of the nsmed ir•weed's products or reliance upon a rc.resentation or (20 nten.stional waters or air space, provided the bodily in ury . • property O warranly made at any time with respect thereto, but only the Melds in- dams it does rot occur in the pouts,- :f travel or trans,•rort,•ion to or fro" rny • other county, state cc nation, or jury or property el insured occurs away from pre+m: Owned 'v or rented to y, the named and after ter physical posy posiesson of such Pro'ucts h,s been Q) an%N here in •he »erld with respect to damages becajse e' i od•ly in- rebrquished to ethars. jury x property d3rnage arising cut of a product which was sod for us-t or c:msUmption within the tt.rdcry described in paragraph III above. "property Iamafe" means iniury tJ or dtstruc::on of t3rg-tle prc",ty: CONDITIONS PREMIUM: 'ct The insured shall cooperate with the corerpar, a^d upon !Ive ccm- cany s reizuest, assist in making settlements... the cc-duct of suits All premiums for this policy shall be computed in accordance with the and in enforcing any right of contribution cr arty ajaips- any co(r.pary's rules, rates, rating clans. Premiums and minimum prern.ums person or crga•nization who may be La`-le tc the - !:ed cecau:e of appl•cable to the insurance afforded here.r. bodily Injury or property darrige with respect to whth insurance is Premium destgna•ed in th s ec!icy as 'advance erermrum' is a deposit afforded under th s policy; and the insured s.atl arervd hearings and prtmiu"n only which shall be credited !v^ the amount of the earned premium trials and assist in securing and giving evader<e and obtaining the at. due at the end of the policy period At the close of each period for part lendance of witnnes$es- The ins-iced snail not, except at his own cost, thereof terminating with the end of the policy period) designated in the ve'unrarrly make any payment, assume any cbl:s3t:n cc incur any ex. declarations as the audit period the earned premium shat be computed for Dense other then for first ad to others at the tine of ac:-Cent such period and u>'n notice thereof to the named assured sha!I tccerre due and payable. If the total earned prem.-um fir the Ml.c. period is less a ACTION AGAINST COMPANY: than the Premium P-reviowsly paid, the co-rany sha!I return to the named S. insured the unearned portion pad by the named insured No action shall lie : gainst the company unless, as a cc^d.oan rrecedent The named :assured shall ma n•a•n records of such information as is nec- rh.-r,to them shalt ha.e been full compliance » th art c! the terms of this essaly for premium co•ncutat•cr a•+d sha'! send epees cr such records t_ Po icy. n •r until the amaunt of the insured's obligat..ns to ray shill: have the compar.y, at the end of the pc%l-cy rct :d aril it such r mes during the tcv- t ra'!v C-: tcim.ncd ci!h:r ty IudijTcnt ,ga nst the ~s rc i a'tc• 3:1„31 potty period as the c( ncianv may d.•ecl rr.al e- tv w.. ttCn agrcttrenr of the .assured. the cb Ta^• 3-d !h; ccr, Jr; 2. INSPECTION AND AUDI?: An: Gerson or ar•izatic n or •e Ic sl rc :cr-aa. q q 0ua !t+ericf »ha ha; 'he coin an shs:l to permi-ed t :ecur(d such jud;.rent cr written a;rctmcrt %ha!I !hre3°•c- be entaled tz any time. eme. N gildrtedhtr to the t the cooM trytheany's nJ' to-21- rto-21- r cd racover under this policy to the extent of the insurance ;If:-ded by th e in;urtd'S C PrepeYery and Meratierat-ens a at tut ~ to make inspecticrs ncr the rr-ak.ng thereof nor any te.ort thereon st a'I Po' icy Etc pees-c-trn or organization shad ha.e any right u-_cr this pokey t; constrWe an u=vd.)rr3kir rf of ftr the tenef.t of the named ioin the cc -zany as a party to any action aga nst the -!i -td to determ ne y, on tr a t the insured s bability, nor shalt ton company be irc'ea`cd by the irsured re sad Ca ethers. to determine or wa•rant that such property Ct o,^erahc.,; gat reDrexnran.e Bankruptcy or insolvency Cf 'he insured Cr cf r are save. or his le the insured i estate shall not retie.e the company of an. of as obbgat-cns The company may "ilm.nt and audit the na^'ed insured s becks end heren.nder. rsccirdi at any time during the policy period and extens•ves thereof rid t• thin three years after she final term.rnation of this policy as far as l"ey -,.ate to the subject r,rtler of This insurance. 6. OTHER INSURANCE: 3. FINANCIAL RESPONSRILITY LAWS-- The insurance afforded by thii policy is primary insu a~;e cxcr;t whin stated to a,~ply in txcess of or co+'trgent upon the atsc-ce of other incur. When this policy is certified as proof of financial rcicc-is&.;.ty for the ante When this mutance it primary and the insured has Cther :nSUratie 'utwe under the prev.s-ons of any motc+ vehicle financial rest :nstb:bh which is stated to be applicable to the loss on an excess : • :ent.ngcnt bas s. low, such insurance as is afforded by :his pots; for tKd rv ,-,u,, 63t, I rv t}e amount of the company-s I•atd.t- under this rct.c. s%~yt rpt to reduced o' for Property darnage liability shalt comply with the M~•is.cna cf such by the existence of such ether insurance. la4 to the extent of the coverage and I.rn:ts of liability requ.rcd by such lay The insured ageces to rr•mburse the cc-mrany fee any Casencrif made When bo!h this incur&-KT and other insurance a;Ply t: the toss M the by the company which it »cu!d not have been obligated to make under same bass, whether primoy, excess or contngent, the c:T;any sha`: %or the terms of this policy except for the agriterrcnt conta.ncd in this para. be liable under this policy for a greater proportion of the iss than that gfa;h4 stated in the applicable contribution provision below: 4 INSUREO'S DUTIES IN THE EVENT Of (a) Corstrtyutien by Equal Shays. It all of such other va!•d and collectible OCCURRENCE, CLAIM OR SUIT: insurance provides for contribution by equal shares. the company shall (a) In the went of an occurrence. written notice containing particulars net be liable for a greater proportion of such loss than would be payable in- ss ficient to identify the 'insured and also reasonably obtainable info- carfrer rare equals insurer the lowe Lowest t Voicible, an equal limit of share bill the t share any of ono each policy mtticin with respect to the time, place and circc-rtstances thereof, and or she full ull amount of the e foe paid. los is respect to any amount the names and addresses of the injured and of available witnesses, sha.1 loss not and with th ue to contribute be given by or for the insured to the company or any of its authorized as paid the the remaining amount of the insurers then foss continue until nur agents as soon as practicable. The named insured shall promptly take has equal Owes u-I amount ill of the loss is each such insurer at his expense all reasonable steps to prevent other bodily injury or paid its limit in full or the lu4 a paid. property da"n&W from arising out of the same or similar conditions, but (b) Csmtributf,w Liwsflf. If any of such other insurame twh expense shall not be recoverable under this policy. for contribution by equal shi the company OWI not bee liable ra Ibl If .;Iaim is made or wit is bought against the insured the insured shall greater proportim of such loss than the applicable li nit of liability un- immediately forward to the company every demand, notice, sunvnons der this policy for such loss bears to the total applicable limit of liability or other process received by him or his representative. of all valid and collectible insurance against such loss. / To co O,w PRSeut" PoucT rnsusER DAILY e 01 1 88 12339 LS 6014-8028 LIABILITY POLICY {RAMto (1) City of Denton, Texas I F tRArlte 12) Denton, 50 11 (3) Texas W"70 THE IMlVREO IS: HOME OF:ICf SAN FRANCISCO 1) 1 urlicical ty (2) (3) Ellis, Crotty, Powers 6 Co. Ii FOR COIAPAN6 USE /AppICCO 1000 Fidelity Union Touter Bldg-. •I t.' cat`coot Ulm AA as olc Dallas, texas 7!,201 1 O O0,(•ii28i 0512 000.00 0 0 11 iRQt1 Tp , It J1 A Y Sm•fl REV E'RtL Uf' O'. 'a•1 V: RG RAft ..*Loci V0 al. TR Ma a1• • vl Rr.y h>11e "R'oo 9-29-72 S-29-73 •"..."•a.a:"-="' NEW OOi 0 1 009 3 0 S 2 •Rlulu"rilc ATts e• coat. etLtw Co s °JS'.E 1S SJrL: - - N»,Ptrl " ►te10o 1 THE O.eU !ASURANCE AVrOcDEO IS CC%TAINEO Or. )AC<ET :0:4 NVUSER 5-?AV E'cLZ%w A NO ^x THOSE COVERA44: CARTS LISTED M041CH ARE PRECECFO B` A FORM NUx980 . T•,E LMT Of T.,E CCtl P61V•S LIA91Llft L%OtC EACH COVERAGr. Sall. SE AS STATE) LIFREIN SL9tEC' TO ALL OF THE T auS Or TA%i, P..•:T A%V T••E :OJ?RAGE •aA4: -4,.J%~ REFERfLKS Tr:ERET) L"~l OF LIABit17r C0Vc2AGE PARTS F_•.., t1.,•t-, .r-.:. eats cc. e. a,e oprla S 100 *000 each :eao~ I Automobile Medl:ol Pay-tents S 300,000 ea:~::c:are ce ~A /Avtomoblle Pi,ysica Dantoge Ltab•Lrr $ o gteJar. rompre.ensi,.e Automobile S each occurrertet B Prore•tr Da-.a; Comprehensive CTenerol S ?9gre~are L'at 1''r COrptehensi..e Personal S each reason C A,to. Bail;; Contractual S *,)CL. cccu•rence --_l' .rs [':b,LTr Family Automobile A,.ro. P•ope:tr - Farmer's Comprehensive- Persona' S east ccblrence D Do-3s# L-k-1,'t 1 Goroge . r acti erscn ( Monu(cclurer's & Cantrcctor'S &O Z4 E P.e-Fates - Lw.,! S _ eacn acc,Ce~• aei,cal ?ar-e-es it Owner's, Lo-%dlotd's 81 •(enonts A.tL +h,:e 1L214~ 0^ner's or Contractor's Protective ~wAttK1 3 f S e,tL cea,n IF Neilcal Polr,er/s Persor•ol Inwry e_ch ;;c.:rr.ncc L Pe,sc+a! L,ob:Ltr Pcemises. Medical Paymants s each reel" M Pers--zI I' Uninsured Motorist S _ oath occider-I Medical Payments Storekeeper's Liability Phys,co Nonage - Credit Card Liability S _•ach occurrence to Proporly - h1 Accounts Receivable S eo!h poison aggregate P Personal Injury l.. 09 rltrol Cgyregoto L'ab'l_tr q- SEE APPLICABLE "OVERAGE PART U Uninsured Motorist SEE APPLICABLL COVERAGE PART Geroge SEE SCHEDULE ATTACHED Auto. Physical DoRlogo THIS POLICY ADPLIES ONLY TO WORM. PERFORM',[) BY A.E. MITCHELL CONSTRUCTI,0 CO. JOB: CONSTRUCTION OF WATER TR%AIMENT ?LA''~ LXPANSION-- CO TRACT 6044A '"^r~"• TOTAL ADVANCE PREMIUM: $ _ 235 o MINIMUM PREMIUM: S t•Ot aaeL:C AltE rra TEXAS r' ^t e ,rltAL t- V IP POLaC V PE R/OO 1! MORE T" IN EL lS Qk r),`.r 0VIfERS pr .Ilwrs ONE TEAR- THC PREMIU•+t It PA1 AeLE: S G. trrtc-.4c oa-t; S t rw .•:r Sp SO~ hlRlPRr s c,.w.tr COUNTERSIGNED AI Callas, Texas it 10-6-72 R• ..e i>u-~/u ere rht Above Newbered Po1,ty. T~1 Ue; rarahons VYrd, Ca-.,:~-.T 1•><ia.I fum Tt. a.b e. yL2t O 0318 Aloe Njsk~t#J Fa.as VI t,a•., u ; o t n 63' LIABILITY SCHEDULE tl0" Pa TU ES/ _ ~.A-AEA INSUR-EG POUCV NUMBER City of Denton, Texas LOS 604-8020 KEY %V 4ARS 1-CAMAS LAN:%C.:i a\01EN4%1S' fLiS0%4L U49101V ? rav7nC TEFL aS A%D CCtiTPAC Toni O1 EtEk"CONS 31WOOt •S F%or'i i•COw:-LIED Ot(aat:~~S 0-C0,14144CM&L .9. OAa!O aCtOmtt tis .1.'..T 7 a: TovottttS ' T:• CV01TS too ta'\SBt1a1OCt RATING 916.S A AREA f FRONTdGE P P"POli C - LO•+TRACT COST S - SALES R RECEIPTS E EACH --r t RATES ADVA%CE0 FFEMtUM FW.LOT _%SS1'tCAT10%S A\O L0CAT83NS COCA FREMIUV( BASES 1[_-6001. :R1Fj C;1? 6604T t FaorattF ♦L./ OaAaSi .v~P._ Cwa4t Total Cost!1 4) Construction Operations-- JOS12 $S00,000 ;t .0277 139. owner--N.O.C. (not railroads)I I 5009000 ; .0139 70. --excluding operations on 146,973 h .0031 56 'board shiDc I 1,146,473 ~ 1 Additional Insured 110% 21. TOTAL ADVANCE PREMIUM ii I t 235* I! I 11 t I I I ' tine Attocnint clause Stec bt co*pteted only rRa: 7:s ow-stsent is issuel rasKsont to preWNtgr: M the policy.) LIABILITY L 91017 CIO? td 744 ADDITIONAL INSURED (Et gissers. Architects w Suveyers) This a -:Ctsement tnod-l es S•xA insurance as is a•lereei by the prov siois of the policy rtlatol to the following COIIWRENENSIYE GENERAL LIABILITY INSURANCE 1MANFACTURINS' ANB CONTRACTORS' LIABILITY INSURANCE OWNERS'. LANDLORD$' ANO TENANTS' LIABILITY INSURANCE Ms en:otsement. effecti.e fors a part of policy No. 17 C. .t V., Pandard t me' issueJ to by it is agreed th;-s e.id,.>rserent applies spggjf}ca]~1x ta: , Freesa, Kicrcl;• & Endr•ess - 13 p.. r.W }ep It is ajreed that such e~e_:}act z; i; al,,r6 0 by 'ht 3od..y Iniury 1.1ab-14 Courage Will Ptovity DaTage 14(tir CO Vilie app'reS. sobiect to the forlonalg porrbrons: 1. The word 11111(eU 3so iocladts a?y : c•tre t tng reer or g_r.fy.r ergaged Cy R.t eased issuril but onry with reseect to hab:r.ty arls•a; Oil of tt:e premisty c'. 1►e name/ insured : cpor.i.ions ptrforn•eJ by or for the 87014 rowel. 2. IRS rrslda-ce n.!.. rfspect to tici: vcl' tests. rpgineers or SJ.ty~rS 60es ,of a:Cly to Mday iejery or trgKrty d"Age ansug out of any p'o- legs nnal sett, ces r?r'4'Ted b'% cr fc 1•`e named In atel, rnc;u;.rd Y' t"e preparat Cr a,pr.%.ar of rats pans, cpin'ons. repcrts. sire s. designs or sptciGc;t-0vs ald •b, u perviswy, iKpect-Orl or t'g• Ffr•?f service?. Autret rtic~ End . 1 ENDORSEMENT It is agreed thc:t this policy only to work A. E. Mitchell Construction Co. and/cr ',;s 5:°i'c• ~.c.~. rs. Job: Construction of Eoater Treatre Contract 6044A Lb-604-8026 INDUSTRIAL INDEMNITY COM rAN)' °-29-7; "LEIS CRO7 Y FoE•t-EPS ~J. BY: < OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR COVERAGE PART I. COVERAGE A - BODILY INJURY LIABILITY E: .r ^1 rr .rc;e.ry do-cge COVERAGE B - PROPERTY DAMAGE LIABILITY daaoges n - • Eedriy injury pr: petty da aye It. PERSOr:S INSURED aCCwrenct eJ 00 rrta n.urea _ - _._..a _s.•r1 -sv-e1 - no--ed -s. ed E.clvspeas • -svrej .•+;rdr•:' an•rp;l, III. LIv1T~ OF LIA51L:'. Y . cra SEPARATE LIViT PLAN do res • Ao.~.ily in1.rT rraperty d:^w yr• ~.d rry - rw+r^ed insured ' . - ns.red :Ccu• to:e . . 'r i-•. End i:y rnwry - • :Lly relWy •rt Vrtd d3'0~21 property dCTa je e. frivred, r _CCUrr[^cr - p•Optrly ~J ~O ~e tts ,.lj iecic'en•il Con? OCt; •I: > t p•op.•ny dow-age eccr:r'e-ce'• 11' 1 r r i - insured. - eccut_ [ • ^r insured, re.^.ce": ; _ 1 ..11 domoges property damage r.i l,.,l..r:e .:•r, - + , :nsured - ii... property damage Jiy- sesuted • work ''PO -e insured r r to e.c 41 rORA I'-.I.e 110 471 SINGLE LIMIT PLAN IV. ADDITIONAL DEFINITION Ce.eroges A ant B- .iaiii•. .•r „ 1'2 ;e r-- occurrence" .i...li - dodrly injury property damage "work" i... r•1 is ,re. occurrence; - : , accuuence" V. POLICY PER'00. fERR'1ORY propertydc•eage bodily :n-.'r property do-age rohey 'e" tee,. Co.eyeges A onJ S.- . . 6Jd.ly lrtury property do ma ye ='I<r - JCt. "tote- . • FORMS MAY K ATTACHED BROW VMS UNE ' CONDITIONS (Continued) 7. SUtROGATION: 11. CANCEI,ATION: In the event of any payment under this Denney, the company shall be sub- Phis policy may be canceled by the named inured by mailing to the rog.sted to all the insured's rights of reco.c►y therefor aga;nst any person company written notice stating when thereafter the cancelation shall be or trganitatoon and the insured shall execute and deliver instruments and effective. This policy may be canceled by the company by mailing to the payers and do whatever else is necessary to secure such rights The inured named insured at the address Shown in this policy, written notice stating shill do nothing after loss to prejudice such rights. when not less than ten days thereafter such canrcelatien shall be effective. C14ANGIES: The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender o. the effective date and four of cancelation stated in the Notice to any agent or knowledge possessed by any agent or by any otter notice shall became the end of the policy period. Delivery of such written Fenton shall not effect a waiver or a chan2e in any part of this policy or notice either by the named insured or by the company shape be equivalent estop the company from asserting any righ• under the terms of this policy. to mailing nor shall the terms of this policy be waived or changed, except by endorse- ment issued to form a part of this policy. If tha named insured cancels, earned premium shall the computed in ac. ASSIGNMENT: cordance with the custcnary shat rate table and procedure. If the corn- 9. pony cancels, earned premium shall be computed pro rata premiums adjust- Assignment of interest under this policy sha!I not bind the company until meat may be made either at the time cancelat on is effected or as soon as its convent is endorsed hereon; N, however. the named insured shall die, practicable after cancelation becomes effective, but pairment or tender of such irssurmwe as is afforded by this policy shall apply f 11 to the named towarned premium is not a cond•tion of can'elat.on insured's legal representative, as the named insured, but only while acting within the scope of his duties ai such, and (2) with respect to the property of the named insured, to the person having proper lemptrary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 12. OKuRATIONS: THREE YEAR IOIICY: fay acceptance of this policy, the named insured agrees that the state- 10. ments in the declarations are his agreements and representations, that this If this policy is issued for a period of three years, the lur«ta of the com- policy is issued in teiiance upon the truth of s46ch representations and that pansy s liability shall apply separately to each consecutive annual period this policy en its all agreements existing between himself and the com- thereof. pany or any of its agents relating to this insurance. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability: bail bonds required of the unwed because rf accident or tralfic law pal all expenses incurred the company, all costs taxed violation arising out of the ere of any vehicle to which this policy ap- by against the in- plies, not to exceed $250 per bails d, but the company shall have sured in any suit defended by the company and all interest on the entire no obhgation to apple for or furnish any such bonds, amount of any judgment therein which accrues afft- entry of the judg- ment and before the company has paid or tendered or deposited in (c) reasonable expenses incurred by the in used for frrsi aid to others at court that part of the judgment which does not exceed the limit of the the time of an accident, fa bodily injury to which this policy app:ies. company's liability (hereon; id) reasonable expenses incurred by the Insured at the company's request, (b1 premiums on appeal bonds required in any such wit, premiums on including actual loss of wages or salary (bwl not loss of other income) bonds to release attachments in any such suit for an amount not in ex. not to exceed $2S per day because of his attendance at hearings or cuss of the applicable limit of liability of this policy, and the cost of trials at such request. NUCLEAR ENERGY EXCLUSIONS It :s agreed that: L The policy does rot apply: 11. As used in this t ndorseml nt: A- Vndee any Liability Co erage, to bodily injury or poperil dam.rp• "hazardous Nut:trties- include radioactive, toxic or explosive properties. ill with respect to vxhKh an insured under the policy is also an ir•sured nucle.lr nvlleriet" means source material. special nuclear material or under a w.efear energy liability policy issuM by Nuclear Energy byproduct mattli+l; Lo3bility Insurance Association, Mutual Ato nic E- eryy Liability -source materN "special nuclear maleria!*% and -byproduct ma:tr631- Underwriters or Nuclear insurance Assxivien of C,,.-kd P, or would have the roear ngs given them in the Atomic Energy Act of 1954 or in any be an insured u•drr any such Policy bu' for its t. minaloon upon law amenlato-r thereof: eehnntion of its brmrt of liability; or 121 resultinc from the hazardous -spent fvrf rrseans any lees element or fuel cofaponent, solid cr l quid, peprnors of nu_Irar material and which hasbecre used or ex h re:;niter to which (a) an Dosed to rail anon rn a nuclear reacts.: with any person .3o c-ganiurion is required to .•was(e-' meals any waste material Ill containing byproduct mater.:t are! n_•rrau. Lnarecra: protection pursuant to the Atomic £ne•gy E.er rig of 1954, or any law amendatory thereof, ar (bl the insured is, or 121 resu iirg from the operation by any person or organization of acv had this policy not been issued wouli be. entitled to vjemo.ly nuclear facility included within the delinil;on of nuclear facility under from the United States of America. a any agexy tlee:..if, under paragraph (a) or (b) thefeol; a:•y i g:tererrt enured into by the United Sates of Ar..Yriu,. or any "nuclar facility- means acency thereof, with any person or or*nization. Ial any iucle t reactor, $ Unfit: any Medical Payments Coverage. or under row Supplementary fbl any equipment or device desgned or used for Ill separat.-g the Paymrntf provision retailing to first aid, to expenses incurred wish 401OPes of uranium or plutonium, 12) Processing or utilizing spent rcgxct to bodily injury resulting from the ha`arlous properties of fuel, or 131 handling, processing or packageog waste, nu,:I?ar material and arising out of the oPrralioe: of a nuclear facility ber (c) any equipment or device used tot the processing, fabroca:.-eg or anv person or organitatoor., alloyinof special nuclear material if at ry time the total amwnt C U'der any Liabdat- Co%wage, to bodily injury or Property dmnagl of such material on the custody of the ins: tkd as tht pr?mtws where resulting from the I`a.zrdous popwties of r. vclear material, of such equipment or device is 1vated coes•sts of Or ;onta,,.s move III the nuclear mvtenal (al is at ar•y rtclear facility . •vntd b•/, or than 25 grams of plutonium or waniurs 233 or any comb,-a:.on cprrated by or or behalf of, an insured or (b) has bran d•xlsarg.-d thereof. or more than 250 grams rf urara;,m 235, er dispersed thereltom, (e) any st:aclure, basin, excavation. Premises or otace prepared or used 121 the nuclear materiA is contained in spent fuel or waste at any tirr.t for the storage or disposal of viaste, Possessed. handful. used. Processed, stored, transported or d•s- and includes the site on which any of the f(x%W.ry is located, all opera. Posed of by of en I7?Iwl1 of an insured. or loons conducted on such site and all Pfernrses used lot suer operations: (3) she bodily injury of property damage arises out of the furnishing by "nuclear reaoctor" means any apparatus designed or used to sustain nuclear al insured of scrvtces, materials. Parts or equipment in cOnnectron fission on a self-supporting chain reaction of to contain 3 Critical mass of wr•h the planning, construction. MaintenanCe, operation or use of I;ssionabte mailer .01. any nuclear frtihty. but if such facilely is located within the Unil-d 'property din .W- includes all faros of +adkvCt;ve contaminatan of State: of America, its territories or possessions or Ca rtada, this property exclusion 131 applies only to Property damage to such nuclear facAlly and Joni property thereat. IN WITNESS WHEREOF, the Corrgvny has caused this policy to be signed by its undersigned -.officers but this policy shall not be valid ulfess cornpleteti by the atlachrrens hereto of a Oec'aratiorrs page designated as Part Two and covetage paot(s) and countersigned on the aforesaid Declarations Page by a fitly actho:,zed rePreseniaDse of the Company. Secrerary P:esident Chairman of the Son.. i BARBER & FROST A:*,mer • e: I. a, IAN!(. l %ARktf R U.iia. Fr,1• ~i1Z~ , Al' >t.axm F W<r July 25, 1974 City Secretary City of Denton City Hall Denton, 'texas Dear Sir: Enclosed please find our application for a certified copy of the performance bond filed with you by A. E. Mitchell Construction Company on a rater treatment plant for the City of Denton. We would appreciate receiving a copy of this bond at your earliest convenience. Please All us for any additional costs. Sincerely, ):Martin Frost `•1F/bs Enc. t({~? roc',:: (fs.C-I IC 0311nS IC.at 75 .al A r, Septerd)er 20th, 1972 Fivese, Nvi hiols 5 Lnftess, OonsultuV Engineers 811 Larar Fort S-korth, S-axas WPLNTlIx:: IT. Elvin C. Gopt;dand Dear Six: Re: City of Denton, Teks Jab - Water ZYeaL-crt nt Plant Win. Oontract 96044A A. E. Mitchell Cont. Co. T.tis will confim (xw telephone conversation today, Viere;n we advis33 that Ct.wrs Pmte.-•tixre overage on the cagtioW job is bound effective 9-29-72 in amounts of 100 300 ELI ui1i °ij2i iL7 to a,4tsr tls c7(:71tr, Sw~ltraCwlS Gll.: e:r.inae s. 'ihe policy will be issued by Industrial LYIerw iters Ircaranee Oorpwy and will be sent to you as soon as possible. In the rmmtim, coverage is :n yl force and effect. ALSO attachod hyreto ;s U-~n1La Liability ccrtifica;e, uhids oAvxs in excess of the Industrial policies sham on the certificate sent to you 9-28-72. Yours very truly. FIX CROM POW1W b CD. Se 16 encls. PoiterEl:a CPCU •1:.'13•CCtot;, C^CU ePoae•s CPCU • TomP fus lit CPCU •8 +K~~a-•an•Pe1.r~+us'1 CFCU CERTIFICATE OF INSURANCE Issued at the request of City of Denton c/o Freese, Nichols b End*:ess, Dons. Engrs. Address 811 Lazar Fort Wrthj Texas THIS IS TO CF.PTIFY "'HAT the '.-nsured named below is At this date . Insured with the UNITED STArrg F?uE I1ISURANCF. COMIPA"1Y as described In the fol l owi tiv schedule: DESCRIPTIVE SCHEDULE Name of Insured A. E. Mitchell Construodo,n Cmm-ot►y P. 0. B ox 29135 Address of Insured r~--llas, n-vxgg 75229 Tyne of Insurance Policy 1unber Expiration Limits Date Comnreb ens ive Catastrophe Liability DCL 48 69 64 2-1-73 $1,000,000. Excess of the Insured 's General L_ +a bilitt:, A•.ttono: . •e Liability, Envloyers' Liability and any other f•?rte of Cas•jalt•: Insuran^.e, as set out in the { Schedule of UnderlvInr :c:' jr?nce attac':ed to this nolicY. ►r r` rr 'rI or this ins+•_•ance by fINTTED STATFS FI?r III T1... = lF..7.9T OF .,A..C...,Lt,. T ~ ~ +1 Y aerees to not:!' INSU°A':CE CO.IPA"•Y. 't `:1 D S'•A^'ES F_of I.1Sc HA.•C.. CO,'..eA•1. the certificate holder by written notice 10 days hefore theyeffec1L;veTtiC!1?.aY 1Ftl$ CERTIFICATE OF L'..SvRL,IC_ it. - 14 C!" such cancellation. GR ;:ECAtlt~ElY At:Et1?S. Er*rG S 0: Ttl< <,:E= WORDED BY POLICY OR PQ1t„1c., US1EO N'tniii+. UNITED STATES FIFE I'1S1'RANCF C0'1P.T"+y SF.?VICI':G AGE'1T: b CO. ELLIS CROTTY POWERS 6 CO. ELLIS CROTTY P 20th Floor Tower Petroleum Bldr. Ry• Dallas, Texas 75201 Author ec. Penres LaLive 6 rated- 9-29,-72 Job: Contract tn nt Plan icpansion 1000 Fsdebty Union ioHer -9311 EARL (ONES SEP 2 9 1912 atlas Te■ranCeat• on-7_S SE P Insurdncrc 9o4 FREESE, NlCfft E KIIIS a (final MM ■ Y POWERS & C®. Septa ber 28th, 1972 Freese, Nichols s Endr+ess, Consulting Engineers 811 Lamar Fort 1-3arth, Texas ATI'E MON: Mr. Elvin C. Copeland Dear Sir: Re: City of Denton, Texas Job - Water Treatment Plant &p. contr. #6044A A. E. ititdiell caist. Co. At the ra uest of A. E..•,iclhell Construction Cmspany, we are attaching certificate of insurance evidencing Workmm QvVensation, Crnprehensive General Liability and Property Damage and Automobile coverage in force. We trust that you will find the enclosure in order. Yaws way truly, FILM CX)M POPM OD. ha,f~ ge encl. 6 copies I ' cc - A. E. Mitchell Cont. Co. I (,'~~evete Ak t,cc~7~' e-t 44 Owners Jor444e~i p61 % . r..J.'0% eel 1y 0*1 i P•~~`y /t t I N W a. M CAN Vol j J/10 11 A( Potter Eurs. C P C U• Wdbrd Crotty. C P C U• Jtmmre Powers. C P C U Tom P. EMS. 0. C P C U. 0 09n Kingman • Pete Rush. C P C U iA STOCK COMPANYI _[NDUSTRIAL UNDERWRITERS INSURANCE COMPANY 140MEOFFICE OAUAS Hereofler designated as company number I IA STOCK' COMPANYI INDUSTRIAL INDEMNITY COMPANY HOME OFFICE SANSRANCISCO Hereafter designated as company number 2 HuaEO A. E. MITCHELL CONSTRUCTION CORPANY wsuREO P. 0. Box 29135 Dallas, Texas 75229 w ELLIS CROTTY POWERS & CO. CERTIFICATE 1-ity of L mton CERTIFICATE 1000 Fidelity Union Tower ISSUED to c% Freese, :,idjols & 1,1.1: Tess, Cons!ssuTm. . Dallas, Texas 75201 • ell IaMr • Fort :+•ort:ir Tt a; esi'i iiln'd: r"r. - lrin C. Carpaland ar• a.•s 1 the componyfies) designo'ed Fos issued coverage effective as of the dares and for 0a periods and limits srecified below and subject to all terms, r,_~ ' a-s. P•ovisions, e%clvs:ons and limitations of the described Binders c• Policies whether shown by en- dorsement or o:her•- se. reauiremenls or provisions in any con'roct or ogreement between the insured a-td any other person, firm or co-;:•:•'.- w•'t'no. to cocstrued as enlorgir%q, altering or omending the definition of insured or any other terns or condition, of r~.+s __•e c :`e pa;-;v des:q-oted. :v'c5' _ -5 ar+l ^Y r~llyeCa p aw % ~.7 1 tt•1.1TS Oz t1AS:J-.f COMPENSAliON + I EF. WOrttsEll'C~: •Sa':~I I Es, Ev- :c _ COMPENSATION EFF 2-1-72 - texas CP 679 6288 Est 2=1-73 _s 1st :s~J9- tuenmr 6004v ~i:~+ir llss ll:v_ Q AV7o.•aGE.IE 111 679 630 ; 1000000. ; 300,0a70. Q E° EQ;: =ZR` LH 679.630 ,r; 2-1-7 ; 100,000. ; 300000. EACN C1CCua;=_nCE 0 :UooMOS E. E u.3a=Tr-_ - LH 679 630 Ev 2-1-7. S 190000- call" OcCJ;Gf%cE Av ;~Ef,a'E t LH 679 6307 $ 1001,000. S 10,GC0. 3eWR) XxorllxPXYM24XC(X *Includes Blanket. Contractua Liabilityp o-.-ie~s_ COMPREHE%S:VE Operations,' Personal `Insury Liab. and Broad For-. PD .O. ' FIRE. LIGMTN S%G d TRA%SaORTATIO•r I 1 s THEFT r6ROAD FORMI eIncludes biarnket underground coverage. COllt51014 OR VASE! -A ( I ACTUAL CASH VALUE &ESS S OFOUCT48LE V O 1NIAND MARINE EFF E,p. s tFF Effscy~e any loss wader Phys:col Damage Cove:age is poyob'e as interests may appear to tFe 143med Insured c-d the Venholder homed below in o:cari:•+ce w th loss Payable Endorsement 1 I;A. Cn reverse side. Jirii..r' frii2 E,:I:rCi~ ri: Iv;C:,J&navf boricr2 As,esooos rM Iolro.inq desc.ded ev+YN-okiJo%} YEAR - TRADE NAME 8007 ttrvE AND MODEL SERIAL NUVGER I I OESCRWAON AND tOCAnON OF OPERATIONS Job: 'O'.'ater weabaont Plant A 11 operations in the State of Texas. Far>sion Contract 60~' All automobiles, owned, non-owned and hired. I This policy shall not be canceled nor reduced in coverage until after 10 days written notice of such can- Celotion or reduction in coverage shall have been mailed to this certificate holder, I 72 Certified this 2St1 day of 'fi' r 19 INOtISTR1A~ ~N •we1111 S INSURANCE COMIANY Prochrcer E_LLIS CROTTY POWERS & COO er 8"21-08 IN10) F idO:ty Limon tohe- G`,, tee:-is ic.a~ 5~.,1,-0_ ?el >u•arce ante BOr;Os ELLIS CROTTY POWERS October filth, 1972 & COe Freese, Nichols s Endress, Consulting Engineers 811 Lamar Fort Worth, Texas Attention: Mr. Elvin C. Copeland Re: Industrial Indemnity Company Policy LS-604-8028 - City of Denton, Texas Dear Mr. Copeland: We are attaching heretc the above captioned Owner's Protective Liability Bodily Injury and Property Damage policy effective September 29, 1972 for a period of one year. This is in connection with work being performed by A. E. Mitchell Construction Co., Dallas, Texas for the City of Denton, Texas and described as "Construc- tion of Water Treatment Plant Expansion, Contract 6044A." We trust you will find this to be in order. Yours v t uly, az encl. cc: A. E. Mitchell Construction Co. F. O Box 29135 Dallas, Texas 75229 OK ' Cc C P~.•••. E le.~ C P C u- r .:•3r i Coo':v c. P c u ^•r e Pn:., • r C C l: • to -•o P E 11_~ 13 C P C V • ti-A Khngmdn • Pi !e Rush C P C V l I CHANGE OR EXTRA WORK ORDER PROJECT: Water Treatment Plant Expansion CONTRACT: No. 6044-A OWNER: City of Denton, Texas CONTRACTOR: A. E. Mitchell Construction Company CHANGE ORDER NO. 3 DATE: November 20, 1974 CHANGE OR EXTRA WORK TO BE PERFORMED 1. Delete the installation of the 36" high Service Discharge Line, including valves, venturi Teter, vault, electrical, and other appurtenances. All pipe, valves and materials far constructing the line shall remain the property of the City of Denton. Deduct $32,150.00. 2. Delete the furnishing and installing of two (2) Falk gear reducers to replace faulty units which are installed on floculators. Deduct $ 29000.00 Previous contract amount $1,157,292,55 (All Bid Items) Not (iMU )(decreose)in contract amount 534,150.00 Revised contract amount $1,123,142.55 (All Bid Items) Not(increose)(decrease)in contract time of completion No Change Revised contract time of completion No Change Recommended by Approved by OWNER FREESE AND NICHOLS eye ~i,triMrtioe: Approved by CONTRACTOR I - o►nor I - Contro0or I - i. i N. OIfK~ fly I-Ro,. tog. CHANGE OR EXTRA WORK ORDER PROJECT: WATER TREATMENT PLANT EXPANSION CONTRACT: NO. 6044-A OWNER: C17Y OF DENTON, TEXAS CONTRACTOR: A. E. MITCIIELL CONSTRUCTION COMPANY CHANGE ORDER NO. 2 DATE: MAY 22, 1974 CHANGE OR EXTRA WORK TO BE PERFORMED Add two (2) pushbutton stations for wash water pump control in the filter gallery, with conduit and wiring, as shown cn revised Plan Sheets 42 and 43, for the additional contract amount of $1,289.56. Previous contract amount $1,156,002.99 (See Change Order No. 1) Net (increase)(tlxxt4(4XQ in contract amount $1,289.56 Revised contract amount :1,157,292.55 Nei(increase)(decreoso);n contract time of completion No Change Revised contract time of completion No Change Recommended by Ap oved by OWNER FREESE AND NICHOLS Q,IrisVl'an: Approved by CONTRACTOR 2 2 -Cewlq.lor I-F. t H. Office, gy I-Row Ent. ar-►.ee-~.a.r.te. Cj:AMG:- O:3 C:(TrsA WORIC ORDER PROJECT: WATER TREATMENT PLANT EXPANSION C064TRACT: No. 6044-A OWNER: CI-:Y OF DENTON, TEXAS CONTRACTOR: A. E. MITCHELL CONSTRUCTION COiVANI CHANGE ORDER NO. I DATE: January 4, 1913 CI!Ao%!3:: O:: E:i1ar1 WO:I: TO E* ►2 :ORATED 1. Change 6" Basin Drain Lines to 12" C.I. 2. Delete all 6" sludge lines, small sludge vaults, and valves. 3. Relocate sludge recirculation pumps to filter pipe gallery, and add 4" C.I. suction lines to sludge pockets. 4. Add 16" and 24" remote controlled, rotor operated, butterfly valves in sludge and wash water sewer lines. 5. Change all underground electrical conduit to rigid PVC. All work to be as shown on eight (8) attached revised drawings and specifications, and for the total additional cost of $9,029.99. Net (increase] in contract amount $9,029.99 Revised contract amount $1 ,156,O02.99 Net (increase) (docrease) in contract time of completion No Change Revised confect time of completion Recommondc. by Approved by OWNER FREESE. NICriOLS AND ENDRESS J / D0.,4.:or1iW,: Approved by CONTRACTOR I - oreer I Coetacle► . ~i i - N. i t:. ofrtce 8 __SL~L I - see,. fog. rNC +-~-70.1 DENTON, TEXAS WATER TREATMENT PLANT EXPANSION CHANGE ORDER NO. 1 November 6, 1972 Butterfly valves for installation in sludge and wash water waste sewer lines shall be as specified iii Specification Item No. 210, and as foilcws: Location Number Size Class Description Required Sludge Line 1 16" 25A ,'•..J. ends, buried, extension bonnet & stem, electric motor operated. W.W. Waste Line 1 24" 256 Same as above 2. ;Iotor Operators: Motor operators shall be Limitorque, Type SNB, as manu- °actued by Philadelphia Gear Works, or EIM Type "E", as manufactured by EI6M, ;o--:-aany, Inc. The operators shall be sized to operate the valves with a differential pressure of 15 psi. OperaUrs shell function to open file valves from a fully clued position, or vice-%ersa, in a one ninute tine interval. The operators shall be equipped :.ith -'our-train reared limit snitches and a double torque switch for valve protez Lion in both directions of travel. The operators shall be equipped with reversing controllers iro9nted in the li;ait snitch compartment. The controller shall be of a size suitable for the vaive operator rotor, and shall be provided with three overload relays cooplete with heaters. The overload relays shall be of the automatic reset, arbient thermal co7pensated type. The operator shall also have a local controi station mounted in the cover of the limit switch compartment, with "OPEU-STOP-CLOSE" push futons and a DPOT Manual-Auto selector switch. Space heaters shall be provided it the limit snitch compartment. All gearing small run in lubricant and bal i or roller bearings shall be used throughout. A handwheel shall be provided for ma meal operation. A geared indicator shall be attached to the operator to indicate valve position. Hand- t:heeis shall not turn vhile motor is operating. Motor shall be specifically designed for valve operator service. Rotors shall be mounted on ant-:-friction bearings of the pre-lubricated type. Class B insulation shay. be used. Vator shall be capable of developing a running torque equal to 40" of the rated torque without exceeding the per- missible temperature rise of 60° C. over a 40° C. ambient. Motor shall obtain full speed before the stem nut in either the opening or closing direction. ;Iotor shall be for operaticn on 480 volt, 3 phase service, and shall be weather protected for outcoor installation. 11axirun rotor spe-id shall be 1800 RY,•l. Motors shall have a duty rating of no less than 15 ninutes and shail be capable of operating the valve through 2 cycles age.inst full unbalanced pressures as specified without exceeding the per- missible temperature rise. Furnish and install a remote control s-:a*_ion for each operator, located in the Filter Gallery as shown on the Plans. The control stations shall be Linitorque Type AS, or equal, of NEIIIA 1 construction, for surface rrowiting, with Open-Stop-Close pushbuttons and red and green indicating lights. BoU. lights shall remain on ii the intermediate position. 3. Electrical Conduit: All electrical conduit installed underground in earth sha+i be can9ed to rigid ?VC. Other conduit shall remain as specified. Plestie conduit shall be Schedule 40 rigid 'nigh impact polyvinyl chloride con:orming to Fedsral Specification 11-C-1094 and Y.C. Standard UL-651. ?1_zstic conduit shall be Pittsburgh Standard Plasti-Con, or approved equal. Joints in plastic conduit shiall be of the solvent welded type for sizes 3/4" and 1". Joints for conduit larger than 1" shall utilize fittings with "0" rings as manufactured by the R. G. Sloan Company.