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HomeMy WebLinkAboutAl Bosgraaf and Sons, Inc. Fire Station Number 26 -1994 09 23 Section 00681 CONTRACT CHANGE ORDER Change Order No. 2 Engineer Project No. W0435.00 Project Title: Fire Station Number 26 Contractor: Al Bosgraaf and Sons, Inc. Reason for Change: Time extension and carpet change. Breakdown of Proposed Changes and Basis for Payment (Includes pertinent drawings, specifications, and documentation where necessary) Item No. and Description Change in Contract Cost + (-) Detailed descriptions are attached. Time extension contract is amended as follows: 1. Temporary Certificate of Occupancy from the City Building Department no later than November 21, 1994. Fire Department must be able to move in on November 21, 1994. 2. Completion of miscellaneous items and punchlist items by November 30, 1994. 3. Carpet upgrade. $532.00 (1) Total Proposed Change in Contract Cost +(-) $ 532.00 (2) Original Contract Price $ 329.000.00 (3) Total All Previous Change Orders (Change Order No.1 thru ~ $ 4.543.57 (4) New Contract Price (Total of Item 1 & Item 4) $ 334.075.57 Accepted By Contractor: Date: Date: Recommended By Engineer: Accepted By Owner: Date: END OF SECTION 00681-2 00681.for ITEM 1: The previous change order covered rain and other delays through July 13, 1994. Heavy rains this summer have made it difficult to complete the project within the original time frame. In addition, the contractor submitted the interior color and finishes for approval by the Architect on August 4, 1994, and final selection was verified on October 4, 1994. Delivery of materials for the interior finishes was delayed beyond the contract end date and the materials could not be installed by the completion date. ALBAS AL BOSGRAAF & SON'S, INC. 441 Surrey Run Casselberry, FL 32707-3135 (407) 695-3064 FAX: 695-6242 Terry Zaudtke Conklin, Porter and Holmes Engineers, Inc. 1104 E. Robinson st. Orlando, FL 32801 11/08/94 RE: Winter Springs Fire Station #26 CPH Project No. W0435.0 Change Order #4 Proposal PROPOSA4 The carpet that was originally specified for the above referenced project is discontinued. The new carpet that was selected by the architect is of a better quality and therefore more expensive, than that originally specified. Additional cost for supplying and installing of newly specified carpet. (J .P. Stevens - Network 26 A/B S.D.)........ .$532.00 Respectfully Submitted, Gerald Bosgraaf, Vice President COMMERCIAL LIABILITY SCOTTSDALE INSURANCE COMPANY 8877 North Gainey Center Drive, Scottsdale, Arizona 85258 1-800-423-7675 or in AZ 1-800-225-9458 A STOCK COMPANY NEW Renewal Number Policy Number CLS178176 Item 1. Named Insured and Mailing Address: City of Winter Springs 11126 East State Road 434 Winter Springs, FL 32708 Southern Ins Und P.O. Box 105609 Atlanta, GA 30348-5609 NO FLAT CANCELLATION NOTICE: THIS POLICY CONTAINS A MINIMUM EARNED PREMIUM PROVISION, (PLEASE READ YOUR POLICY) "Subject to Audit" Agent No. 10005 Item 2. Policy Period From: 03 /17 / 9 4 To: 03 /17 /95 12:01 A.M. Standard Time at your mailing address. :,i:i Item 3. Retroactive Date: N / A Item 4. Business Description: Vacant Land Item 5. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated, Where no premium is shown, there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Form No. and Edition Date Premium CG0001(11-88) $750.00 $Not Covered $25 Fee Commercial General Liability Coverage Part Professional liability Coverage Part. Total $ 750.00 Item 6. Forms and endorsements applicable to all Coverage Parts: UTS - 128 g ( 11 - 92) I SHOW NUMBERS CLS-J-2(11-91), CLS-SD-l(02-92) Countersigned 03/17/94 DATE By AUTHORIZED REPRESENTATIVE THIS COMMERCIAL LIABILITY DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS,TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY, CLS-D-1 (10-92) ORIGINAL . Secretary Gordon E President SCOTTSDALE INSURANCE COMPANY" ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIME) INSURED AGENCY AND CODE POLICY NUMBER MO. DAY VA. 12:01 NOON A.M. CLS178176 03 17 94 City of Winter Springs 10005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OPTIONAL PROVISIONS ENDORSEMENT In consideration of the premium charged, it is agreed that the following special privisions (indicated by an "X") apply to this policy. SCHEDULE Bodily Injury and Property Damage Liability Deductible Endorsement C Amountand Ba.sls ofDeduetible Bodily Injury Liability $ 500 . 00 per claimant Property Damage Liability $ 500 . 00 per claimant Service of Suit Clause Service of Process will be made upon Southern Ins Und P.O. Box 105609. Atlanta. GA 30348-5609 Minimum and Advance Premium Endorsement Minimum Premium $ 7 5 0 . 00 Minimum Earned Premium Minimum Earned Premium 2 5 % of the original premium. BODILY INJURY AND PROPERTY DAMAGE LIABILITY DEDUCTIBLE ENDORSEMENT APPLICATION OF ENDORSEMENT (Enter below any limi- tations on the application of this endorsement. If no limita- tion is entered, the deductibles apply to damages for all "bodily injury" and "property damage," however caused.): 1. Our obligation under the Bodily Injury Liability and Prop- erty Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages, and the limits of insur- ance applicable to "each occurrence" for such coverages will be reduced by the amount of such deductible. UTS-128g (11-92) Page 1 of 2 ORIGINAL "Aggregate" limits for such coverages shall not be reduced by the application of such deductible amount. 2. The deductible amounts include all legal and loss adjust- ment expenses. 3. The deductible amounts stated in the Schedule apply under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of "bodily injury" sustained by one person, or to all dam- ages because of "property damage" sustained by one person, any organization, or association or any individual member of any organization or association as the result of anyone "occurrence." 4. The terms of this insurance, including those with respect to our right and duty to defend any "suits" seeking those damages and your duties in the event of an "occurrence," claim or "suit," apply irrespective of the application of the deductible amount. 5. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notifica- tion of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Company and/or Underwriters to pay any amount claimed to be due under this policy, the Company and/or Underwriters at the request of the Insured (or reinsured), will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all require- ments necessary to give the Court jurisdiction. All matters which arise will be determined in accordance with the law and practice of the Court. It is further agreed that service of process in such suit may be made upon the individual(s) listed in the Schedule ~ and that in any suit instituted against anyone of them under this contract, the Company and/or Underwriters agree to abide by the final decision of the Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of the Company and/or Underwriters in any such suit and/or upon the request of the Insured (or reinsured) to give a written undertaking to the Insured (or reinsured) that it or they will enter a general appearance upon the Company's and/or Underwriter's behalf in the event a suit is instituted. Pursuant to any statute of any state, territory or district of the United States of America, which makes a provision, the Company and/or Underwriters will designate the Superin- tendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his succes- sor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Insured (or reinsured) or any beneficiary arising out of this contract of insurance (or reinsurance). The above named is designated as the person to whom the officer is authorized to mail the process or a true copy. MINIMUM AND ADVANCE PREMIUM ENDORSEMENT Item b. of the Premium Audit Condition (under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is changed to read: b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable to us on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured, subject to a minimum premium listed in the Schedule above. For purposes of this policy, the terms advance premium, audit premium, earned premium, and minimum premium are defined as follows: Advance Premium - The premium that is stated in the policy declarations and payable in full by the first Named Insured at the inception of the policy. Audit Premium -The premium that is developed by calculating the difference between the Advance Premium and the Earned Premium. Earned Premium - The premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis for the policy period. Minimum Premium - The lowest premium for which this insurance will be written for the policy period. MINIMUM EARNED PREMIUM If this policy is cancelled at the request of the INSURED, the total retained by the Company shall not be less than the percentage of the original premium listed in the Schedule above. / 3/17/94 DATE UTS-128g (11-92) Page 2 of 2 AUTHORIZED REPRESENTATIVE SCOTTSDALE INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS These Supplemental Declarations form a part of policy number CLS178176 LIMITS OF INSURANCE General Aggregate Limit (other than Products/Completed Operations) $1,000,000 Products/Completed Operations Aggregate Limit $ Excluded Personal and Advertising Injury Limit $ Excluded Each Occurrence Limit $1.000.000 Fire Damage Limit $ Excluded anyone fire Medical Expense Limit $ Excluded anyone person BUSINESS DESCRIPTION AND LOCATION OF PREMISES Form of business: o Individual o Joint Venture o Partnership [K] Organization (other than Partnership or Joint Venture) Business description: Vacant Land Location of all premises you own, rent or occupy: 850 Northern Way, Winter Springs, FL 32708 PREMIUM Rate Advance Premium Classification Code No. *Premium Basis PR/Co All Other Pr/Co All Other Vacant Land 49450 u) 1 Incl 4.61 $Incl $650 MP Additional Insured 100 EXTRA FORMS AND ENDORSEMENTS FORMS AND ENDORSEMENTS (other than applicable forms and endorsements shown elsewhere in the policy) Forms and endorsements applying to this Coverage Part and made part of this policy at time of issue: UTS-182g(06-93), CG0041 (05-86), CG0001 (11-88), CG2104(11-85), CG2135(01-87), CG2138(11-85), CG2145111-85\ GLS-83al03-92\ *(a) Area, (c) Total Cost, (m) Admission, (p) Payroll, (s) Gross Sales, (u) Units, (0) Other THIS SUPPLEMENTAL DECLARATIONS AND THE COMMERCIAL LIABILITY DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. CLS-SD-1 (2-92) OR I G I NAL SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIME) INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YA. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENTS In consideration of the premium charged it is agreed that the following special provisions apply to this policy. A. COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENT The Commercial General Liability Condition, When We Do Not Renew, is deleted in its entirety. B. ASBESTOS EXCLUSION The coverage afforded by this policy does not apply to Bodily Injury, Personal Injury or Property Damage arising out of; A. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; or B. The use of asbestos in construction or manufacturing any good, product or structure; or C. The removal of asbestos from any good, product or structure; or D. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by the policy does not apply to payment for the investigation or defense of any loss, injury or damage or any cost, fine or penalty or for any expense of claim or suit related to any of the above. C. LEAD CONTAMINATION EXCLUSION This endorsement excludes occurrences at the insured premises which result in: A. Bodily Injury arising out of the ingestion, inhalation or absorption of lead in any form; B. Property Damage arising from any form of lead; UTS-182g (6-93) C. Personal Injury arising from any form of lead; D. Advertising Injury arising from any form of lead; E. Medical Payments arising from any form of lead; F. Any loss, cost or expense arising out of any request, demand or order that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead; or G. Any loss, cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead. D. PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION This policy does not apply to a claim of or indemnification for punitive or exemplary damages. Punitive or exemplary damages are damages in excess of the amount needed to compensate for bodily injury or property damage which are imposed in order to punish You due to Your particularly wanton, willful or malicious character in order to make an example of or to punish You. Punitive or exemplary damages also include any damages awarded pursuant to statute in the form of double, treble, or other multiple damages in excess of compensatory damages. If suit is brought against You for a claim falling within coverage provided under the policy, seeking both compensatory and punitive or exemplary damages, then We will afford a defense to such action; however, We will have no obligation to pay for any costs, interest, or damages attributable to punitive or exemplary damages. Page 1 of 3 E. CONTRACTORS SPECIAL CONDITIONS You will obtain certificates of insurance from all independent contractors providing evidence of: A. Limits of liability equal to or greater than the limits provided by this policy; B. Coverage equal to or greater than the coverages provided by this policy. Failure to comply with this condition does not alter the coverage provided by this policy. However, should you fail to comply, independent contractors will be considered your employees and a premium charge will be made accordingly. The entire cost of all the work sublet will be used as payroll for the work performed. F. MEDICAL PAYMENTS EXCLUSION Coverage C. MEDICAL PAYMENTS (Section I) does not apply and none of the references to it in the Coverage Part apply. The following is added to SUPPLEMENTARY PAYMENTS (Section I): 8. Expenses incurred by the "insured" for first aid to others at the time of an accident for "bodily injury" to which this insurance applies. G. NUCLEAR ENERGY LIABILITY EXCLUSION A. The insurance does not apply: 1. Under any Liability Coverage to "bodily injury" or "property damage": a. With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or UTS-182g (6-93) Page 2 of 3 (2) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. 3. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material" if: a. The "nuclear material": (1) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured"; or (2) has been discharged or dispersed therefrom. b. The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or c. The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenence, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion c. applies only to "property damage" to such "nuclear facility" and any property thereat. B. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties. "Nuclear material" means "source material," "special nuclear material" or "by-product materiaL" "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor." "Waste" means any waste material: 1. containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primary for its "source material" content; and 2. resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." "Nuclear facility" means: 1. Any "nuclear reactor"; 2. Any equipment or device designed or used for; a. separating the isotopes of uranium or plutonium, b. processing or utilizing "spent fuel," or c. handling, processing or packaging "waste"; UTS-182g (6-93) 3. Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; 4. Any structure, basin, excavation, premises or place used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination or property. / AUTHORIZED REPRESENTATIVE DATE Page 3 of 3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to exclusion f. of COVERAGE A (Section I): Subparagraphs (a) and (d) (i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. CG 00 41 05 86 Copyright I nsurance Services Qffice, Inc., 1986 o CG 00 01 11 88 CL 113 (11-88) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we," "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION 1- COVERAGES b. "Bodily injury" or "property damage" for which the COVERAGE A. BODILY INJURY AND PROPERTY insured is o~ligated.to pay.damages by reason of DAMAGE LIABILITY the assumption of liability In a contract or agree- ment. This exclusion does not apply to liability for 1. Insuring Agreement. damages: a. We will pay those sums that the insured becomes (1) Assumed in a contract or agreement that is legally obligated to pay as damages because of an "insured contract," provided the "bodily "bodily injury" or "property damage" to which this injury" or "property damage" occurs sub- insurance applies. We will have the right and duty sequent to the execution of the contract or to defend any "suit" seeking those damages. We agreement; or may at our discretion investigate any "occur- (2) That the insured would have in the absence rence" and settle any claim or "suit" that may of the contract or agreement. result. But: c. "Bodily injury" or "property damage" for which (1) The amount we will pay for damages is limited any insured may be held liable by reason of: as described in LIMITS OF INSURANCE (SECTION III); and (1) Causing or contributing to the intoxication of any person; (2) Our right and duty to defend end when we have used up the applicable limit of insurance (2) The furnishing of alcoholic beverages to a in the payment of judgments or settlements person under the legal drinking age or under under Coverages A or B or medical expenses the influence of alcohol; or under Coverage C. (3) Any statute, ordinance or regulation relating No other obligation or liability to pay sums or to the sale, gift, distribution or use of alcoholic perform acts or services is covered unless ex- beverages. plicitly provided for under SUPPLEMENTARY This exclusion applies only if you are in the busi- PAYMENTS-COVERAGES A AND B. ness of manufacturing, distributing, selling, serv- ing or furnishing alcoholic beverages. d. Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured; or b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" oc- curs during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." 2. Exclusions. This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" result- ing from the use of reasonable force to protect persons or property. CL 113 (11-88) CG00011188 (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed Copyright, Insurance Services Office, Inc., 1982, 1988 Page 1 of 9 by the insured under an "insured contract." f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treat- ment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of or processed as waste by or for any insured or any person or or- ganization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations: (i) if the pollutants are brought on or to the premises, site or location in con- nection with such operations by such insured, contractor or subcontractor; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d) (i) do not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, Page 2 of 9 reconditioned or reclaimed. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph 1.(2) or 1.(3) of the defini- tion of "mobile equipment" (Section v.a.). h. "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion ap- plies only to liability assumed under a contract or agreement. j. "Property damage" to: (1) Property you own, rent or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in your care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must Copyright, Insurance Services Office, Inc., 1982, 1988 CL 113 (11-88) CG 00 01 11 88 be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." k. "Property damage" to "your product" arising out of it or any part of it. I. "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontrac- tor. m. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agree- ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac- cidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SECTION III). COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which CL 113 (11-88) CG00011188 this coverage part applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS-COVERAGES A AND B. b. This insurance applies to: (1) "Personal injury" caused by an offense aris- ing out of your business, excluding advertis- ing, publishing, broadcasting or telecasting done by or for you; (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury": (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappropria- tion of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or perfor- mance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcasting, Copyright, Insurance Services Office, Inc., 1982, 1988 Page 3 of 9 publishing or telecasting. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expen- ses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions. We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the "bodily injury" are pay- able or must be provided under a workers' com- pensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. 1. Included within the "products-completed opera- tions hazard." g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Page 4 of 9 Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit." 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to payor deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION 11- WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. An organization other than a partnership or joint venture, you are an insured. Your executive of- ficers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your employees, other than your executive of- ficers, but only for acts within the scope of their employment by you. However, no employee is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her employment, or the spouse, child, parent, brother or sister of that co-employee as a consequence of such "bodily injury" or "per- sonal injury," or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or oc- cupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a Copyright, Insurance Services Office, Inc., 1982, 1988 CL 113 (11-88) CG 00 01 1188 partnership or joint venture). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper tem- porary custody of your property if you die, but only: (1) With respect to liability arising out of the main- tenance or use of that property; and (2) Until your legal representative has been ap- pointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the con- duct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or, the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you ac- quired or formed the organization; and c. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION 11I- LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: CL 113 (11-88) CG 00 01 11 88 a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring- ing "suits." 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard." 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of anyone "occurrence." 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you aris- ing out of anyone fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense Copyright, Insurance Services Office, Inc., 1982, 1988 Page 5 of 9 which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other in- formation; (3) Cooperate with us in the investigation, settle- ment or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforce- ment of any right against any person or or- ganization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, volun- tarily make a payment, assume any obligation or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverage A or B of this Coverage Part, our obligations are limited as follows: Page 6 of 9 a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will under- take to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Ex- cess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insuranCe to the total applicable limits of in- surance of all insurers. 5. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Copyright, Insurance Services Office, Inc., 1982, 1988 CL 113 (11-88) CG 00 01 11 88 b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" to transfer those rights to us and help us enforce them. 9. When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; CL 113 (11-88) CG00011188 c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment." 3. "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its ter- ritories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the in- jury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settle- ment we agree to. 5. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agree- ment. 6. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement except in con- nection with construction or demolition opera- tions on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; Copyright, Insurance Services Office, Inc., 1982, 1988 Page 7 of 9 f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the ab- sence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tun- nel, underpass or crossing; b. That indemnifies an architect, engineer or sur- veyor, for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifica- tions; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspec- tion or engineering services; or d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. 7. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is ac- cepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the move- ment of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." 8. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; Page 8 of 9 c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to permanent- ly mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. ord. above that are not self-propelled and are maintained primari- ly to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, in- cluding spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; 1. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the follow- ing types of permanently attached equipment are not "mobile equipment" but will be considered "autos" : (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, in- cluding spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 9. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 10. "Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person oc- cupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or Copyright, Insurance Services Office, Inc., 1982, 1988 CL 113 (11-88) CG 00 01 11 88 e. Oral or written publication of material that violates a person's right of privacy. 11. a. "Products-completed operations hazard" in- cludes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical posses- sion; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, cor- rection, repair or replacement, but which is other- wise complete, will be treated as completed. c. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; (3) Products or operations for which the clas- sification in this Coverage Part or in our manual of rules includes products or com- pleted operations. 12. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physi- cally injured. All such loss shall be deemed to CL 113 (11-88) CG 00 01 11 88 occur at the time of the "occurrence" that caused it. 13. "Suit" means a civil proceeding in which damages because of "bodily injury," "property damage," "per- sonal injury" or "advertising injury" to which this in- surance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceed- ing in which such damages are claimed and to which you submit with our consent. 14. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or dis- posed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, per- formance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 15. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in con- nection with such work or operations. "Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, per- formance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. Copyright, Insurance Services Office, Inc., 1982, 1988 Page 9 of 9 CL 267 (11-85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 04 11 85 EXCLUSION-PRODUCTS-COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to "bodily injury" or "property damage" included within the "products------completed operations hazard". Copyright, Insurance Services Office, Inc., 1984 POLICY NUMBER: CLS178176 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -COVERAGE C- MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Description and Location of Premises or Classification: Vacant Land 850 Northern Way, Winter Springs, FL 32708 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any locations or classification shown in the Schedule, coverage C. MEDICAL PAYMENTS (Section I) does not apply and none of the references to it in the Coverage Part apply. The following is added to SUPPLEMENTARY PAYMENTS (Section I): 8. Expenses incurred by the insured for first aid to others at the time of an accident for "bodily injury" to which this insurance applies. CG 21 3501 87 Copyright, Insurance Services Qffice, Inc., 1986 ORIGINAL o COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. COVERAGE B (Section I) does not apply and none of the references to it in the Coverage Part apply. CG 21 38 11 85 Copyright, Insurance ~ervices Office, Inc., 1984 o COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FIRE DAMAGE LEGAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 1. The last paragraph of 2. EXCLUSIONS under Coverage A. (Section I) does not apply. 2. Paragraph 6. of LIMITS OF INSURANCE (Section III) does not apply. 3. Any reference in the Declarations to "Fire Damage Legal Liability" does not apply. CG 21 45 11 85 Copyright, Insurance ~ervices Office, Inc., 1985 D SCOTTSDALE INSURANCE COMPANY@ ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIME) INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON A.M. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBSIDENCE EXCLUSION This policy does not apply to any claim of liability for Bodily Injury or Property Damage caused by, resulting from, attributable or contributed to, or aggravated by the subsidence of land as a result of landslide, mudflow, earth sinking or shifting, resulting from operations of the named insured or any subcontractor of the named insured. / AUTHORIZED REPRESENTATIVE DATE GLS-83g(3-92) CLS-J2 (11-91) SCOTTSDALE INSURANCE COMPANY 8877 North Gainey Center Drive, Scottsdale, Arizona 85258 COMMON POLICY CONDITIONS All Coverage parts included in this policy are subject to the following conditions. A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the Declara- We have the right but are not obligated to: tions may cancel this policy by mailing or deliver- 1. Make inspections and surveys at any time: ing to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of can- cellation at least: 2. Give you reports on the condition we find; and 3. Recommend changes. a. 10 days before the effective date of cancella- tion if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancella- tion if we cancel for any other reason. Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 1. Are safe or healthful; or 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 2. Comply with laws, regulations, codes or stan- dards. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. PREMIUMS This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declaration is autho- rized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premi- ums; and 2. Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. CHANGES Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. C. EXAMINATION OF YOUR BOOKS AND RECORDS. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly appointed representative of the company. Secretary President . Scottsdale Insurance Company co ENDORSEMENT NO. 02 ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIME) POLICY NUMBER MO. DAY YA. 12:01 NOON INSURED AGENCY AND CODE A.M. CLS178176 03 17 94 City of Winter Springs 10005 GENERAL CHANGE ENDORSEMENT PRODUCER Florida League of Cities P.O. Box 530065 135 E. Colonial Drive Orlando, FL 32801 It is hereby understood and agreed that Form CG2024 is added to this policy as per attached. 05/04/94 THOMAS KOULDSWORTH ORLANDO DATE CE-1 (1-91) AUTHORIZED REPRESENTATIVE ORIGINAL POLICY NUMBER: CLS178176 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Designation of Premises (Part Leased to You): 850 Northern Way Winter Springs, FL 32708 Name of Person or Organization: Southern Bell 500 N. Orange Avenue, Suite 400 Orlando, FL 32801 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Schedule and subject to the following additional exclusions. This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 24 11 85 Copyright, Insurance ~ervices Office, Inc., 1984 D . LUMBERMEN'S OF FLORIDA EXECUTIVE PAVILION SUITE 505 300 N.W. 82nd Avenue Plantation, Florida 33324 305-474-7603 305-474-7605 WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM THE UNDERSIGNED EVERY TIME YOU PAY YOUR CONTRACTOR. Cert: 391172 - 391173 065740-006 NOTICE TO OWNER/PRELIMINARY NOTICE 01/06/95 391172 WINTER SPRINGS, CITY OF ATT: PURCHASING 1126 EAST STATE RD #434 WINTER SPRINGS FL 32708 Please be informed that the undersigned is furnishing, or has furnished the following described materials, labor, and/or services: LABOR/MATLS INSTALL CHEM RESISTENT URETHANE ETC for the improvement of real property described as: NTO:195-65740 in SEMINOLE County, FL Recd:07/26/94 Street: 850 NORTHERN WAY, WINTER SPRINGS WINTER SPRINGS FIRE STATION #26 under an order given by: AL BOSGRAAF & SONS Florida law prescribes the serving of this notice and restricts your rights to make payments under your contract in accordance with Sectlon713.06 Florida Statutes, IN THE EVENT THAT THE CONTRACT FOR IMPROVEMENTS IS BONDED, PURSUANT TO SECTION 713.23, FLORIDA STATUTES, SECTION 255.05, FLORIDA STATUTES, TITLE 40 U.S.C. SECTION 270, OR ANY OTHER FORM OF BOND, THE UNDERSIGNED INTENDS TO LOOK TO THAT BOND FOR PROTECTION AND PAYMENT. THE UNDERSIGNED REQUESTS A COPY OF THE PAYMENT BOND AND A COPY OF ANY DIRECT CONTRACTS PERTAINING TO THE IMPROVEMENTS FOR THIS PROJECT AND AGREES TO PAY REASONABLE COPY COSTS FOR SUCH COPY. THIS NOTICE IS NOT A LIEN, CLOUD NOR ENCUMBRANCE UPON TITLE TO YOUR PROPERTY. NOR IS IT A MATTER OF PUBLIC RECORD. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Florida's laws, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL PROTECT YOURSELF: RECOGNIZE that this Notice to Owner may result In a lien against your property unless all those supplying a Notice to Owner have been paid. LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Professional Regulation. All demands pursuant to Chapter 713 Florida Statutes are to be directed to: J R NABORS WATERPROOFING INC Van Saliba Authorized Agent For: J R NABORS WATERPROOFING INC P O BOX 574892 ORLANDO FL 32857-4892 General Contractor: BOSGRAAF, AL & SONS INC 441 SURREY RUN CASSELBERRY FL 32707 SURETY :391173 GUIGNARD & CO PO BOX 180817 CASSELBERRY FL 32718-0817 a6~740 P 328 391 172 WINTER SPRINGS, CITY OF ATT: PURCHASING 1126 EAST STATE RD #434 WINTER SPRINGS FL 32708 WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR. NOTICE TO OWNER P127657 (NOTICE TO CONTRACfOR) Date: Dec 29, 1994 TO: (OWNER) City Of Winter Springs-City Hall Purchasing 1126 East State Road 434 Winter Springs, FL 32708 P127656 rr1 f rn @ ~ ~ \Yl~"., JAN - 4 , , CITY OF WINTER SPRINGS PURCHASING . . ct/.. OR'}- ~T7 C/dtlc'. t~ : fJv~c.f/ . c, nJ ;119 tf. F;~ . 11 AlE . TO: (GENERAL CONTRACfOR) Bosgraaf & Sons Inc. 441-Surrey Run Casselberry, FL 32707-3135 The undersigned hereby informs you that he has furnished, or is furnishing services or materials as follows: QUARRY TILE & CERAMIC TILE, SUNDRY ITEMS for the improvement of the real property identified as: 850 Northern Way NK/A FIRE STATION NO. 26 Winter Springs, Seminole County, Florida Bond No. 3189243 unde, '" o,dcr g;ven by~ & SONS JN0 Florida law prescribes serving of this notice and restricts your rigbtto make payments under your contract in accordance with Section 713.06, Florida Statutes. If there is a PAYMENT BOND, then this notice will advise you that we intend to look to the applicable payment bond for payment of the foregoing items. Within (10) days of receipt of this notice, you are required by Florida Statutes Section 71323, and 255.05 to furnish notice of the existance of such payment bond and a copy of said bond. PLEASE N01E: TIllS IS NOT A LIEN, CLOUD, NOR ENCUMBRANCE UPON TIlLE TO YOUR PROPERTY, NOR IS IT A MATlER OF PUBUC RECORD. This notice is a standard business procedure of the undersigned firm, and does not adversely reflect upon the credit-worthiness or other reputation of any person named herein. IMPORTANT INFORMATION FOR YOUR PROTECTION: Under Florida law, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your properly. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payment, the people who are owed money may look to your property for payment EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FUlL. PROTECT YOURSELF. RECOGNIZE this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid. LEARN more about the Construction Lien Law. Chapter 713. Part 1, Florida Statutes, and the meaning of the Notice by contacting an attorney or the Florida Department of Agriculture and Consumer Services, Division of Consumer Services. By: MJ. Holleman Agent For: Ceramic Tile Management 3928 Foothills Drive Orlando, FL 32810 COPIES TO: 7658 (CIM) West American Ins. Co. C/O Guignard & Co. PO Box 180817 Casselberry, FL 32718 Prepared By: NORTH FLORIDA NOTIFIER, INC. 5705 ST. AUGUSTINE ROAD lAX., FL. 32207 (904) 737-7844 NF 5705 ST. AUGUSTINE ROAD JACKSONVILLE. FL 32207 IF UNDEUVERABLE RETURN TO SENDER WITHIN 5 DAYS ~~RTIFIED MAIL Return Requested IE. CERTIFIED f ~ to0' MAIL -;;;'. ".;','" /11 "" J., (",; ..,,,j ..,...".....,;..., . .': ,...... 1"III1.t.II,,,III,, .1..1.11...1 .~ LUMBERMEN'S OF FLORIDA EXECUTIVE PAVILION SUITE 505 300 N.W. 82nd Avenue Plantation, Florida 33324 305-474-7603 305-474-7605 WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM THE UNDERSIGNED EVERY TIME YOU PAY YOUR CONTRACTOR. Cert: 385331-385333 062829-006 NOTICE TO OWNER/PRELIMINARY NOTICE 11/08/94 385331 WINTER SPRINGS, CITY OF ATT: PURCHASING 1126 EAST STATE RD #434 WINTER SPRINGS FL 32708 Please be informed that the undersigned is furnishing, or has furnished the following described materials, labor, and/or services: AIR DISTRIBUTION, DAMPERS AND FANS for the improvement of real property described as: NTO:1194-62829 in SEMINOLE County, FL Recd:07/26/94 Street: 850 NORTHERN WAY, WINTER SPRINGS WINTER SPRINGS FIRE STATION #26 under an order given by: GENERAL AIR PROJ #1486-WL Florida law prescribes the serving of this notice and restricts your rights to make payments under your contract in accordance with Sectlon713.06 Florida Statutes, IN THE EVENT THAT THE CONTRACT FOR IMPROVEMENTS IS BONDED, PURSUANT TO SECTION 713.23, FLORIDA STATUTES, SECTION 255.05, FLORIDA STATUTES, TITLE 40 U.S.C. SECTION 270, OR ANY OTHER FORM OF BOND, THE UNDERSIGNED INTENDS TO LOOK TO THAT BOND FOR PROTECTION AND PAYMENT. THE UNDERSIGNED REQUESTS A COPY OF THE PAYMENT BOND AND A COPY OF ANY DIRECT CONTRACTS PERTAINING TO THE IMPROVEMENTS FOR THIS PROJECT AND AGREES TO PAY REASONABLE COPY COSTS FOR SUCH COPY. THIS NOTICE IS NOT A LIEN, CLOUD NOR ENCUMBRANCE UPON TITLE TO YOUR PROPERTY. NOR IS IT A MATTER OF PUBLIC RECORD. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Florida's laws, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL PROTECT YOURSELF: RECOGNIZE that this Notice to Owner may result In a lien against your property unless all those supplying a Notice to Owner have been paid. LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Professional Regulation. All demands pursuant to Chapter 713 Florida Statutes are to be directed to: J R NABORS WATERPROOFING INC Van Saliba Authorized Agent For: J R NABORS WATERPROOFING INC P O BOX 574892 ORLANDO FL 32857-4892 General Contractor: 385332 BOSGRAAF, AL & SONS INC 441 SURREY RUN CASSELBERRY FL 32707 SURETY :391173 GUIGNARD & CO PO BOX 180817 CASSELBERRY FL 32718-0817 062829 P 328 385 331 WINTER SPRINGS, CITY OF ATT: PURCHASING 1126 EAST STATE RD #434 WINTER SPRINGS FL 32708 FORWARDING & ADDRESS CORRECTION REQUESTED NFN 5705 ST. AUGUSTINE ROAD JACKSONVILLE, FL 32207 CITY OF WINTER SPRINGS - CITY HALL PURCHASING 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 1 Of 4 PAYMENT REQUEST NO. 07 ENGINEERS FILE NO. W435.00 CONTRACTOR'S APPLICATION FOR PAYMENT BID NO. 94.002 FINANCE ACCOUNT NO. 3215 CONTRACTOR Al Bosgraaf & Sons, Inc CONTRACT DATE 4-18-94 COMPLETION DATE 1-24-95 APPLICATION DATE 2-10-95 FOR PERIOD ENDING __.-2=.10=.9.5------- STATEMENT OF WORK Original Contract Price $ 329,000. Work to Date $ 333,875.57 Net Change Order $4,875.57 Amount Retained R 33,387.56 Current Contract Price 333,875.57 Subtotal 300,488.01 Work to be Done 0 Previous Pay- 275,670.51 ments Approved Amount Due This Payment 24,817.50 The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract, being Applications for Payment numbered 1 through _ inclusive; and, (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Al Bosgraaf (Pres) (Name & Title} COUNTY OF STATE OF FLORIDA Before me on this 10 day of February, 95 personaIly appeared Al Bosgraaf, , known to me, (or has produced as identification and who did (did not) take an oath) who, being duly sworn did depose ar;d say that he is the of the Contractor above-mentioned; that he executed the above Application for Payment and statement on behalf of said Contractor; and that aII of the statements contained there in are true, correct and complete. SEAL My commission expires: Payment of the amount requested above is approved: HANNELORE C. MILLER MY COMMISSION # CC 233143 EXPIRES October 5. 1996 THRU TROY FAIN INSURANCE.INC. END OF SECTION CONTINUATION SHEET AlA DOCUMENT G703 (Instructions on reverse side) PAGE 2 OF- 4 PAGES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, conl:lining Contractor's signed Certification, is atl:lched. In l:Ibulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable rel:linage for line Items may apply. APPLICATION NO.: 7 APPLICATION DATE: 2-10-95 PERIOD TO: 2-10-95 ARCHITECT'S PROJECT NO.: 93-115 WORK COMPLETED MATERIALS TOTAL BALANCE PRESENTlY COMPLETED % 10 RElAINAGE ITEM SCIIEDlJLED FROM PREVIOUS STORED AND STORED (IF VARIABLE) DESCRtPTlON OF WORK VAI.tlE (G + C) FINISH NO APPLICATION THIS PERIOD (NOT IN TO DATE RATE) CONTINUATION SHEET AlA DOCUMENT G703 (Instructions on reverse side) PAGE 3 OF 14 PAGES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, con12lning Contractor's signed Certlflcatlon, Is attached. In tabulations below, amounts are Stated to the nearest dollar. Use Column I on Contracts where variable retalnage for line Items may apply. APPLICATION NO.: 7 APPLICATION DATE: 2-10-95 PERIOD TO: 2-10-95 ARCHITECT'S PROJECT NO.: 93-115 WORK COMPLETED MATERIAJ.S TOTAL BALANCE PRESENTLY COMPLETED RHAINAGE ITEM SCHEDULED FROM PREVIOUS STORED AND STORED % TO (IF VARIABLE) NO. DESCRIPTION OF WORK VALUE (G + C) FINISH APPLICATION TillS PERIOD (NOT IN TO DATE RATE) (0 + E) o OR E) (O+E+f) (e - G) 18 Glass & glazing 3,679.00 3,679.00 3,679.00 100 367.~ 19 Gypsum board 13,546.00 13,546.00 13,546.00 100 1 , 354..:J.+} 20 Ceramic tile 6,327.00 6,327.00 ",327.00 100 632.70 21 Carpet 3,731.00 3,731.00 3,731.00 100 373.10 22 Water proofing 2,240.00 2,240.00 2,240.00 100 224.00 23 Painting 9,512.00 9,512.00 9,512.00 100 951~ 24 Vinyl siding 3,784.00 3,784.00 3,784.00 100 378.40 25 Floor Coatings 4,456.00 4,456.00 4,456.00 100 445.60 26 Sliding pole,flag pole Bath assec, chalk & (;;/1;5. a::: tack boards 6,450.00 6,450.00 6,450.00 100 ~ 27 lockers 3,808.00 3,808.00 3,808.00 100 380.80 28 Blinds 837.00 837.00 837.00 100 83: 7.0 29 H.V.A.C 14 , 189.00 14, 189.00 14, 189.00 100 1 , 418 . 90 30 Plumbing 13,552.00 13,000.00 552.00 13,552.00 100 1 ,355.20 31 Fire sprinklers 9.598.00 9,598.00 9,589.00 100 958.90 32 SJadtrical & Fire Alarm 33,636.00 33,636.00 33,636.00 100 3,363.60 33 Bond 6,451.00 6,451.00 6,451.00 100 645.10 - CONTINUATION SHEET AlA DOCUMENT G703 (Instructions on reverse side) PAGE 4 OF 4 PAGES AlA Document G702, APPI.ICATION AND CERTIFICATE FOR PAYMENT, contllnlng Conlractor's signed Certification, Is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable relalnage for line Items may apply. APPLICATION NO.: 7 APPLICATION DATE: 2-10-95 PERIOD TO: 2-10-95 ARCHITECT'S PROJECT NO.: 93-115 WORK COMPLETED MATERIAI.S TOTA L BALANCE ITEM SCHEDUl.ED PRESENTlY COMPl.ETED % TO RETAINAGE NO DESCRIPTION OF WORK VAUJE FROM PREVIOUS STORED AND STORED (G + C) FINISII (IF VARIABI.E) APPl.ICATlON TillS PERIOD (NOT IN TO DATE RATE I SECTION 00663 FORM OF CONTRACTOR'S PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Al Bosgraaf in consideration of partial payment in the sum of $24,587.69 receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights,' claims or demands of every kind whatsoever which the undersigned now has or may hereafter have, against that certain real estate and the improvements thereof, situated in Seminole County, Florida, and legally described as: :850 Northern Way, Unit 4 PIT, BK 18, Pages 6,7 and 8. Seminole County on account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of--the .payments specified and only for materials furnished or work done up until! " ,'('::7 (but not' . releasing or waiving charges for changes, additions, or extras), the undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien. against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of Improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. it) IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of February 10, 1995. WITNESSES: Cathy Calfee Al Bosgraaf END OF SECTION 00663- 1 1 Of 4 CONTRACTOR'S APPLICATION FOR PAYMENT PAYMENT REOUEST NO. 07 ENGINEERS FILE NO. W435.00 BID NO. 94.002 FINANCE ACCOUNT NO. 3215 CONTRACTOR Al Bosgraaf & Sons,Inc CONTRACT DATE 4-18-94 COMPLETION DATE 1-24-95 APPLICATION DATE 2-10-95 FOR PERIOD ENDING 2-10-95 STATEMENT OF WORK Work to be Done Previous Pay 275,670.51 ments Approved 333875, 57 Original Contract Price $ 329,000. OONork to Date $ 333,875.57 I Net Change Order 4875.57 Amount Retained 33,387.56 Current Contract Price Subtotal 300,488.01 The undersigned Contractor hereby swears under penalty of perjury that (11 all previous progress 1;\ Il payments received from the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to dischurge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract, being Applications for Payment numbered 1 through _ inclusive; and. (21 all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for pa~ment a- ~,and clear of all liens, claims, security interests Adenc'brances. Amount Due This Payment 24,817.50 Al Bosgraaf, Pres (Name & Title) CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327.1800 February 23, 1995 Attn: Gail Clapp NationsBank Trust One Financial Plaza, 13th Floor Fort Lauderdale, FL 33394 RE: City of Winter Springs, Construction Fund 93 Series Dear Gail, Please issue checks payable against the City of Winter Springs, 1993 Series Construction Fund to the following: Allsteel, Inc. 135 S. Lasalle, Dept 3048 Chicago, IL 60674-3048 $238.16 Ai Bosgraaf & Sons, Inc. 441 Surrey Run Casselberry, FL 32707 $24,817.50 Conklin, Porter & Holmes P.O. Box 2808 Sanford, Fl 32772-2808 $199.81 Please return the checks to the city for distribution. Thank you. Sincerely, CITY OF WINTER SPRINGS cc:City Clerk Harry E. Martin Finance Director HEH/mj enclosures(3) Nations Bank of North Carolina, N.A. Nations Bank 66-19 530 Date 8056383 03/02/95 Trust and Investment Services ACCOUNT NAME WINTER SPRGS IMP REF 93 CONST IN PAYMENTOF PER PAYMENT REQUEST #7 DTD 021095 PAY . ******24817. 50 To the Order of AL BOSGRAAF & SONS INC 441 SURREY RUN CASSELBERRY FLORIDA 32707 1-3 Pages SECTION 00680 CONTRACTOR'S APPLICATION FOR PAYMENT PAYMENT REOUEST NO. 06 ENGINEERS FILE NO. W435.00 BID NO. 94.002 APPLICATION DATE 12-14-94 COMPLETION DATE 12-24-94 FOR PERIOD ENDING 12-14-94 CONTRACT DATE 4-18-94 STATEMENT OF WORK The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract, being Applications for Payment numbered 1 through _ inclusive; and, (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances, DATED 12-14 1994 BY CONTRACTOR Al Bosqraaf & Sons, Inc Al Bosgraaf, Pres (Name & Title) (Contractor) 00680-1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 December 23, 1994 Attn: Gail Clapp Nations Bank Trust One Financial Plaza, 13th Floor Fort Lauderdale, FL 33394 RE: City of Winter Springs, Construction Fund 93 Series Dear Gail, Please issue checks payable against the City of Winter Springs, 1993 Series Construction Fund to the following: Al Bosgraaf & Sons, Inc. 441 Surrey Run Casselberry, FL 32707 $92,694.39 Conklin, Porter & Holmes P.O. Box 2808 Sanford, FL 32772-2808 $6,927.85 Home Depot Commercial Acct. P.O. Box 660335 Dallas, Tx 75266-0335 $731.00 Murphy Bed Center 851 E. Hwy 434 Longwood, FL 32750 $1,284.50 Please return the checks to the city for distribution. Thank you. Sincerely, CITY OF WINTER SPRINGS Harry E. Martin Finance Director HEM/mj enclosures (4) cc:City Clerk NATIONSBANK 0001153 Account For the Account Of 63-27 Number Winter Springs 93 Const 631 Description Payment Request # 6 Date 1/4/95 Pay Amount To the $**92,694.39 Order of AL BOSGRAAF & SONS, INC 441 SURREY RUN CASSELBERRY, FL 32707 Page 1--3 SECTION 00680 CONTRACTOR'S APPLICATION FOR PAYMENT PAYMENT REQUEST NO. 05 ENGINEERS FILE NO. W0435. 00 BID NO. 94.002 FINANCE ACCOUNT NO. 3215 CONTRACTOR Al Bosgraaf & Sons, Inc CONTRACT DATE 4-18-94 COMPLETION DATE 11-24-94 APPLICATION DATE 10-?R-94 FOR PERIOD ENDING 10-27-94 STATEMENT OF WORK Original Contract Price $ 329,000. Work to Date $ 203.306.80 Net Change Order Amount Retained Current Contract Price Subtotal Work to be Done Previous Pay- ments Approved Amount Due This Payment 57,469.32 The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract, being Applications for Payment numbered 1 through inclusive; and, (2) all materials and equipment incorporated in said Project or otherwise lis ed in or covered by this Application for paymen~ee and clear of all liens, claims, security interests and encumbrances. DATE (Contractor) BY Al Bosgraaf, Pres (Name & Title) 00680-1 COUNTY OF Seminole STATE OF FLORIDA Before me on this 27 day of 0ctober, 1994 personally appeared Albertus Bosgraaf , known to me, (or has produced FL Dr Lic as identification and.who did (did not) take an oath) who, being duly sworn did depose and say that he is the President of the Contractor above-mentioned; that he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. SEAL Jean A. Pabst Payment of the amount requested above is aproved: CONTINUATION SHEET AlA DOCUMENT G 703 (Instructions on reverse side) PAGE 2 oI3 PAGES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION NO.: 5 APPLICATION DATE: 10-28-94 PERIOD TO:10-27-94 ARCHITECT'S PROJECT NO.: 93-115 WORK COMPLETED MATERIALS TOTAL BALANCE PRESENTLY COMPLETED RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS STORED AND STORED % TO (IF VARIABLE) NO. VALUE APPLICATION THIS PERIOD (NOT IN TO DATE (G + C) FINISH RATE) (D + E) D OR E) (D+E+F) (C - G) G703-1992 CONTINUATION SHEET AlA DOCUMENT G 703 (Instructions on reverse side) PAGE 3 OF3 PAGES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION NO.: 5 APPLICATION DATE: 10-28-94 PERIOD TO: 10-27-94 ARCHITECT'S PROJECT NO.: 93-115 A B C D E F G H I WORK COMPLETED MATERIALS TOTAL BALANCE PRESENTLY COMPLETED RETAINAGE ITEM SCHEDULED FROM PREVIOUS STORED AND STORED % TO (IF VARIABLE) NO. DESCRIPTION OF WORK VALUE (G + C) FINISH APPLICATION THIS PERIOD (NOT IN TO DATE RATE) (D + E) D OR E) (0 + E + F) (C - G) SECTION 00663 FORM OF CONTRACTOR'S PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Al Bosgraaf in consideration of partial payment in the sum of $ 57,469.32 receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights,' claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof, situated in County, Florida, and legally described as: 850 Northern Way, Unit 4 PIT, BK 18, Page 6,7 and 8. Seminole County on account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of the payments specified and only for materials furnished or work done up until (but not releasing or waiving charges for changes, additions, or extras), the undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of Improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. , IN WITNESS WHEREOF, I/we have executed this instrument under seal this day Oct 28 1994 Al Bosgraaf, Pres WITNESSES: Jean A. Pabst END OF SECTION ',' I .j: 00663-1 NalionsBank- 63-27 631 Trust and Investment Services PT 8092287 NationsBank of Florida, N.A. Account Number Date 11/10/94 . Amount ******57469.32 To The Order Of AL BOSGRAAF & SONS INC 441 SURREY RUN CASSELBERRY FLORIDA 32707 WINTER SPRGS IMP REF 93 CONST Payment In Settlement As Described Below Amount PAYMENT REQUEST #05 DTD 102894 $*****57469.32 0311 21 07 Keep This Portion For Your Records CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 November 2, 1994 Attn: Gail Clapp NationsBank Trust One Financial Plaza, 13th Floor Fort Lauderdale, FL 33394 Re: 1993 Series, Project Fund Dear Gail, Please issue a check drawn on the City of Winter Springs Project Fund for 1993 Series Bond for the following: Al Bosgraaf & Sons, Inc. 441 Surrey Run Casselberry, FL 32707 $57,469.32 Please return the check to the city for distribution. Thank you. Sincerely, CITY OF WINTER SPRINGS Harry E. Martin, Finance Director HEM/mj enclosure cc: City Clerk . SECTION 00680 CONTRACTOR'S APPLICATION FOR PAYMENT PAYMENT REQUEST NO. 04 ENGINEERS FILE NO. LV0435.00 BID NO. 94.002 FINANCE ACCOUNT NO. 3215 CONTRACTOR Al Bosgraaf & Sons. Inc CONTRACT DATE 4-18-94 COMPLETION DATE 10-8-94 APPLICATION DATE FOR PERIOD ENDING 9-22-94 9-23-94 STATEMENT 'OF WORK Original Contract Price Net Change Order Amount Retained Current Contract Price 329,000 Subtotal Work to be Done Previous Pay- ments Approved Amount Due This Payment The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract, being Applications for Payment numbered 1 through _ inclusive; and, (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests .and encumbrances. DATED 9-23 1994 (Contractor) BY Al Bosgraaf /President (Name & Title) 00680-1 : I f ! ! i \!,'. J k -J :J ,1; . , " 'I I ,( ~ ,~, r~ i ". CONTINUATION SHEET AlA DOCUMENT G 703 (Instructions on reverse side) AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ITEM NO. DESCRIPTION OF WORK 18 Glass & glazing 19? ~Gypsum board 20 Ceramic tile 21 Carpet 22 Water proofing 23 Painting 24 Vinyl siding 25 Floor coatings 26 Sliding pole,Flag pole Bath accessories Chalk & tackboard 27 Lockers 28 Blinds 29 H.V.A.C 30 Plumbing 31 Fire Springlers 32 Electrical & fire alarm 33 Bond C SCHEDULED VALUE 3,679.00 13,546.00 6,327.00 3,731 .00 2,240.00 9,512.00 3,784.00 4,456.00 6,450.00 3,808.00 837.00 14,189.00 13,552.00 9,598.00 33,636.00 6,451.00 329,000.00 D E WORK COMPLETED FROM PREVIOUS APPLICATION THIS PERIOD (D + E) 2,020.00 F MATERIALS PRESENTLY STORED (NOT IN D OR E) 3,000.00 APPLICATION NO.: APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO.: TOTAL COMPLETED AND STORED TO DATE (D+E+F) 2,020.00 7,500.00 13,700.00 6,451.00 9-23-94 9-22-94 93-115 H BALANCE TO FINISH (C - G) 1,659.00 13,546.00 6,327.00 3,731.00 2,240.00 9,512.00 3,784.00 4,456.00 6,450.00 3,808.00 837.00 14,189.00 6,052.00 PAG13 OF3 PAGES CONTINUATION SHEET AlA DOCUMENT G703 (Instructions on reverse side) PAGE2 OF 3 PAGES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION No.:04 APPLICATION DATE: 9-23-94 PERIOD TO: .9-22-94 ARCHITECT'S PROJECT NO.: 93-115 WORK COMPLETED MATERIALS TOTAL BALANCE PRESENTLY COMPLETED RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS STORED AND STORED % TO (IF VARIABLE) NO. VALUE APPLICATION THIS PERIOD (NOT IN TO DATE (G + C) FINISH RATE) (0 + E) o ORE) (D + E + F) (C - G) 1 Mobilization 4,000.00 4,000.00 4,000.00 100 400.00 2 Site work 26,096.00 16,500.00 16,500.00 60 9,596.00 1,650.00 3 Termite control 448.00 448.00 448.00 100 44.80 4 Concrete 22, 165.00 22,165.00 5 Footings 3,625.00 3,625.00 3,625.00 100 362 50 6 Concrete slab 8,000.00 8,000.00 8,000.00 100 800.00 , 7 Masonry 15,627.00 15,627.00 15,627.00 100 1 ,562.70 8 Tie beams 4,506.00 4,000.00 506.00 4,506.00 100 450.60 9 Metal fabrications 5,013.00 1,700.00 850.00 2,550.00 50 2,463.00 255.00 10 Rough carpentry 24,829.00 24,829.00 24,829.00 100 2,482.90 11 Trusses 15,448.00 7,900.00 7,548.00 15,448.00 100 1 , 544 . HO 12 Finish carpentry 13,500.00 2,950.00 2,950.00 27 10,550.00 295.00 13 Insulation 4,990.00 4,990.00 14 Shingles 6,480.00 3,000.00 3,000.00 48 3,480.00 300.00 15 Doors & frames 10,886.00 1,000.00 1 , 000 . 00 10 9,886.00 100.00 16 Overhead doors 14,767.00 14,767.00 17 Finish hardware 12,824.0C 12,824.00 COUNTY OF Seminole STATE OF FLORIDA . 11vC:- A At. ~ /' Before me on this 23rd day of September 1994 personally appeared Al Bosgraaf , known to me. (or has produced as identification and who did (did not) take an oath being duly sworn did depose and say that he is the President of the Contractor above-mentioned; that he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. SEAL Karen L. Pendarvis END OF SECTION SECTION 00663 FORM OF CONTRACTOR'S PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Al Bosgraaf in consideration of partial payment in the sum of $ 51,185.40 receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof, situated in County, Florida, and legally described as: 850 Nothern Way, Unit 4 PIT BK 18 Page 6,7 and 8. Seminole County on account of work and labor performed, ana/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of the payments specified and only for materials furnished or work done uJ) until (but not releasing or waiving charges for changes, additions, or extras), the undersigned war!ants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of Sept 23 1994 END OF SECTION 00663-1 Nations Bank Trust and Investment Services PI 8090170 NationsBank of Florida, N.A. Date 10/06/94 Account Number Account Name WINTER SPRGS IMP REF 93 CONST Payment In Settlement As Described Below Amount $*****52650.9 PER PAYMENT REQ '04 DTD 092294 Keep This Portion For Your Records CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 September 29, 1994 Attn: Gail Clapp NationsBank Trust One Financial Plaza, 13th Floor Fort Lauderdale, FL 33394 Re: 1993 Series Project Fund Dear Gail, Please issue checks drawn on the Cltv of Winter Springs Project Fund for 1993 Series Bond for the following: Al Bosgraaf & Sons, Inc. 441 Surrev Run. Casselberry, FL 32707 $52.650.00 NCI Nationwlde Construction, Inc. P.O. Box 181132 Casselberrv, FL 32707 $1,339.33 Please return the checks to the city for distribution. Thank vou. Sincerely, CITY OF WINTER SPRINGS Harry E. Martin Finance Dlrector HEM/mj enclosure co: City Clerk