ORDER N0. 16175 APPROVAL OF AWARD OF CONTRACT WITH CLARK & STROMAN CONSTRUCTION, INC. FOR THE NEW COUNTY COURT-AT-LAW COURTROOM AND OFFICES AND MODIFICATION OF THE EXISTING TAX ASSESSOR-COLLECTOR'S OFFICE On this the 8th da_y of July 1985, upon motion made by Commissioner Holland, seconded by Commissioner Higgins, the Court unanimously approved that CLARK & STROMAN CONSTRUCTION, INC., be awarded the Contract with KERR COUNTY, TEXAS, for the new County Court-at- Law Courtroom and Offices and modification of the existing Tax Assessor-Collector's Office, subject to review and concurrence by the County Auditor Don Williamson. It is further ordered by the Court that County Judge Gordon S. Morriss be authorized to execute said Contract on behalf of Kerr County. ORDER N0. 16175 APPROVAL OF AWARD OF CONTRACT WITH CLARK & STROP4P.N CONSTRUCTION, INC. FOR THE NEW COUNTY COURT-AT-LAW COURTROOM AND OFFICES AND MODIFICATION OF THE EXISTING TAX ASSESSOR-COLLECTOR'S OFFICE 7-8-85 VOL. Q, Pages 99-100 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION 7HI5 DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Eighth day of July in the year of Nineteen Hundred and Eighty Five BETWEEN the Owner: The County of Kerr Kerr County Courthouse San Antonio, Texas 78028 and the ContraCtOY: Clark & Stroman Construction, Inc. P.O. Box 778 Boerne, Texas 78006 The Project: crew Courtrooms & Offices in Kerr County Courthouse, Kerrville, Texas The AYChiteCt: Schubert & Williams, Inc. 115 Camaron St. Suite 200 San Antonio, Texas 78205 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, ©1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Stales and will be subject to legal prosecution. AIA DOCUMENT A701 OWNER-CONTRACTOR AGRE 6M ENT ELEVENTH EDITION JUNE 1977 AIA® X1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1.'35 NEK' YORK AVE., N.W., WASHINGTON, D. C. 20006 AlU1-1977 ~ ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by [he Contract Documents for (Here insert the caption descriptive o/ the Work as used on other Contract Documents.) The modification of space on the first floor of the Courthouse now occupied by the Kerr County Tax Collector to accomodate anew Courtroom and related offices. Modification of the space to accomodate the Tax Collector, all as shown on the accompanying drawings and as described in the specification manual. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract sha{1 be commenced July 18, 1985 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than October 26, 1985 !Herr inse« any special provisiuns for liquidated damages relating m failure to complete on time.) No payment will be made on account of contract after time has elapsed other than final payment at completion. AIA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT ELEVENTH EDITION IUNE 1977 AIA® ©1977 THE AMERICAN INSTITUTE OF ARCHfTECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2000fi A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of One Hundred Nineteen Thousand Nine Hundred and no/100----($119,900.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) By Base Bid July 8, 1985. ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than ten days following the end of the period covered by the Application for Payment ninety-five percent ( 95 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety-five percent (95 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored a[ the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregatmealf~ravious payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to.rwcreaseti~ie total payments~e at ninety-five percent (95 °o) of the Contract Sum, less such amounts as the Archltect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (It not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) None Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. IHere insert any rate of interest agreed upon.l (Usury laws and requirements under the federal Truth in Lending Act, similar sW[e and local consumer credit laws and other regulations a[ the Owner's and Contractors principal plates of business. [he location of fhe Project and elsewhere may affect (he validity of this provlsion. Specific legal advice should be obtained with respect to deletion, modification, w other requirements such a~ written disclosures or waiversl AIA DOCUMENT A101 OWNER-CONTRACTOR AGREEMENT ELEVENTH EDITION JUNE 1977 AIA® ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A707-'1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the lNOrk has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: fLi# below the Agreement. [he Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, [he Specifications, and any Addenda and accepted alte=rnates, showing page or sheet nombera in a(/ cases and dales where applicable 1 1. Standard Form of Agreement Between Owner & Contractor (this agreement) Dated July 8, 1985. 2. General Conditions of the Contract for Construction. (AIA Document A201, 1976 Edition) 3. Supplementary General Conditions (Pages 00060.1 thru 00060.7). 4. Architectural Drawings Sheet A-1 thru A-5, dated June 20, 1985 5. Mechanical & Electrical Drawings Sheets M-1, E-1 and ME-1, dated June 20, 1985. 6. Specifications Sections 1 thru 16, dated June 20, 1985 This Agreement entered into as of the day and year first written above, ~~"1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 17 i5 NEW VORK AVE., N.W., WASHINGTON, D.O.:0005 A101-1977 4 0 j jai Allied'~~:=~' Fidelity Insurance Co. 8945 N. MERIDIAN ST. P. D. BOX 7001 INDIANAPOLIS, INDIANA 46207 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That__CLARK & STROMAN CONSTRUCTION CO., INC., P.O. BOX 778, BOERNE, TEX as Principal, and Allied Fidelity Insurance Co. as Surety, are heltl antl firmly bound unto KERB COUNTY, KERR~ILLE , TEXAS as Obligee, in }he full and just sum pf ONE HUNDRED NINETEEN THOUSAfdD, NINE HUNDRED AND/no/1Q~larsfs 119,900.00 ) lawlul money of the Unitetl States, to the payment of which sum, well antl truly to be matle, the Principal antl Surety Dlnd themselves, their and each of their heirs, executors, administrators, successors and assigns, loi ntlyend severally, lirmly by these presents. WHEREAS, The Principal has enteretl into a written contract dated JULY 16. 1985 with the Obligee for GENERAL CONSTRUCTION OF NEW COURT ROOMS AND OFFICE FOR KERR COUNTY COURT HOUSE which contract is hereby referred to antl made a Dart hereof as fully and to the same extent as if coDietl at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully perform said contract according to its terms, convenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full torte antl effect. Subject to the named Obligee's Driority, all persons who have supplied labor or material directly to the Principal for use in the prosecution of the work under saitl contract shall have a direct right of action untler this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount sat forth above. No claim, suit or action shall be brought hereunder after the expiration of one lt) year following the data of whim Principal ceased work on saitl contract. II this limitation is made void by any law controlling the construction hereof, such limitation shall be tleemed to De amentled to erJUal the minimum periotl of limitation permittetl by such law Signed, sealed and tlaled this 16th day or JULY tg 85 CLARK & STROMAN CONSTRUCTION CO., INC. :"' 0 , ~ (Principaq - fSeaD (Witness) ~ ' / y~ , / .(Title) f~-~~'~~D1~ ~-~; =''r~"' ALLIED FIDELITY INSURANCE CO. ,i .per ~.T / ISu ~ - ~~ •. '-" BEN TZ r, t +•, FS-54 Rev. 5/83 .. ,.a-. Allied['~~:~-Fidelity Insurance Co. 11555 North Meridian Street ~ Carmel, Indiana 46032 ~ I (800) 428-5730 Mailing Address: P.O. Box 7001, Indianapolis, Indiana 46207 $250,000 POWER OF ATTORNEY sQ N~ 0002157 KNOW ALL MEN BY THESE PRESENTS: That this Pnwermf-Attorney is not valid unless attached Lo the bond which it authorizes executed. It specifies the LIMIT OF THE AGF,NT'S AUTHORITY AND THE LIABII,ITT OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED wow" Two Hundred Fifty Thousand and no/00 Dollars '•'* ALLIED FIDELITY R C O. a[6lndi$$pp2a wrpgra[ign haviq~ i[ .pr~mciPa~off[C~ in th Cit of C rme , S[ a of Indiana, does hereb make, constitute and appoint: ~~ ~ ~L1ey/i52r1 t' . JdI11eLZ~lA15 h'. E1LI[IS~rona (~JOint~v or Severally its lawful agent and attorney-in-fact to make, execute, seal, and deliver for and on its behalf as its act and deed any and all undertakings, bonds, con- tracts of suretyship, EXCEPT. bail appearance bowls, ne-exeat bonds, immigration bonds, any guarantee for failure to pay alimony or support pay- ments, or any bond guarantying the repayment of money made available through loans ur credits. USE OF MIRE THAN UNE POWER VOIDS THE BOND. THIS POWER VOID IF ALTERED UR ERASED OR IF YOWF, R-UF-ATTORNEY NUMBER DUES NOT AYYEAR IN RED PRINT The acknowledgment and execution of any such rk icument by the said Attorney-In-Fact shall be x5 binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Thie Power of Attorney is granted and is signed and Healed by facsimile under and by the authority of the following By-Law adopted by the Board of Directors' of Allied Fidelity Insurance Cn. at a meeting duly called and held on the `L9th day of April, 19R'L: "The President shall have power and authority Lo appoint Attorneys-in-Fact, and authorize them to execute, on behalf of Lhe Company, bonds and undertakings, recognizances, contracts of imlemnily and other surety and writings obligatory in the nature thereof; and he may at any time in his judg- ment remove any each appointees and revoke Lhe authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signa- tures of any issuing or attesting officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding un the Company, in the future, with respect to any bond, undertak- ing or instrument of suretyship, Gt which it is attached." This Certiftcate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 29th day of April, 19RL: "RESOLVED: That Lhe use of a print[v1 facsimile of Lhe cogrorate seal of Lhe atmpany and of the signature of an Assistant Secretary on any certifica- tion of the correctness of x copy of an instrument executed by the President pursuant to the By-Laws appointing and authorizing xn Attorney-in-Fact to sign in the name and on behalf of the company sm~ety bonds, underwritings, undertakings or other instruments described in said By Laws, with like effect as ff such seal and such signature had been manually affixed and made, hereby is autho[ized and approved." IN WITNESS WHEREOF, AIGed Fidelity Insurance Cu. has caused its official seal to be hereunW affixed and these presents to be signed by its duly authorizer] officers Lhis 6th day of .July, 19R2. o~'' ` ~"9~;, ALLIED FIDELITY INS/~URANCE CO. Secretary Pre ~Ient STATE OF' INDIANA ( SS: COUNTY OF HAMILTON (( On thie tith day of July, 1952, before me a Notary Public, personally appeared H. O. CROQUART and T acknowledged eaid instrument to he the voluntary act and deed of eaid Corporation. ~ . L. FADS, who being by me duly sworn, /~~~~ ~~~x i ~ .~ c • scl~t . Notary Public , ~~Y is ~. •. Notary Public, Hamilton County, Indiana _ My Commission Expires: 1/19/87 I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify that the foregoing Power of Attorney and By- Lxw and Resolution of April 29, 19R2, have not been revoked and are now in full force and effect. IN WIT ESS WHEREOF, I have her unto set my hand and affixed the seal of said corporation, this 6th day of ~u~y ,19 ~5 ~(5$6E .~ NOTF. TO COMPANY REPRESENTATI V F,: ~R.c..~ca., Q. ~a.L.~.u-w.~ Assistant Secretary Following Execution Report To Be Detached and Returned kt Company Yr ..,. ; ,. try . - }^y~ Nt`Mf h r_ .: .~ '~ Davis Insurance Agency ', P. 0. Box 1469 ', Boerne, Texas 78006 qN 'f ~. IN IHf If Clark & Stroman Construction, Inc. P. o. Box 778 Boerne, Texas 78006 This is to certify that policies of insurance listed below have been issued to the insu of any contract or other document with respect to wh¢h this certificate may be ! terms, exclusions and cond!tions of such policies. r 1MFaM .f rry FAPUI flf[It ~ V"i nuMf4 F' ENERAL LIABILITY ~ G A ~ ~~M!°HI! f, ~ ~-kM ~ GO 64 71 49 3 r ~`~qI l U p~,'f an ! I t a;.l ..'gym-: I~f !~. ~ h ~~t ,,f Into +n ~ ~ V Uf{ RI IINf H:LI ti I npl ID. I l l f t '. ~nfl ~ i N nA:1F C~ ~ ~INIhA I~iFI INII !4 tYiL r,ld lt`. f .R!A PH~R`I I: ! D4M ~-t r - ~!~ PI li~~)NAL VJJUP° AUTOMOBILE LIABILITY A I~X] f ' i~Ml Hf II N iA1M IFF ~'. wrrr ~ CAL 71 56 06 ( Il ~ Ir!( r t-~ ',N 1fM1':'~f r EXCESS LIABILITY 1 A i~] MaHf. ~ f'.~.,nn Binder I 1 ~ ~, ~I Hf I:"II ~.Pi I\tl~'till f. ~'f^ WORKERS'COMPENSATION it and j EMPLOYERS' LIABILITY -- -t- ___ OTRER otscaianoN rn oreannons.TOCnnorvsfvewctes ±r~'* ai ~nnrap+r.y _~ t Ir f p ! 1/. t nU ffirrnm's: of .Yn u1N ~r~~~~r~~~~~ ~ ..fro I COMPANIES AFFORDING COVERAGES ' If, INA OF TEXAS „~f•~„ B f~'fnrn Ir-f:f. lr ~ _ _ umvnwr D _ i f rtrn GUMnkNY 1 IFTT(k coed above and are in force at this time. Notwith,tandingsny reQwrement, term or condition or may pertain, the insurance afforded by the policies desC,. c.mnp any S; Paul, r, rrvnesota n <~ .., __.._......~...~_.. 7~< ~y ~7~ Boerne, Texas ?8006 AGENT Davis Insurance Agency Box 1469 Boerne, Texas 78006 ti; ,~, /~ i~~ ~St~P~ul IFtnperty&LiaF~liy .co w IV l~ G cl Cn at'' ~ POLICY PERIGD ~ ., SUM INMIRED ', NATF PREMIUM FFOroI TO 3-16-85 13-16-86 ~sSee Schedule ~ s250.00 Min. Earned Premium AS 12 01 A_M STanifara Tlrne dt pla~:e of ¢vwnce u m each vt saih tlatea COVERING AS PER FORM ATTACHED HERETO 3-16-85(2-15-85)ag/hc Boerne, Texas COUNiEF51G NdT VRE DATE C''~. .'4SFSIGNED AT ~~V~idrrt~ AUT HOPIZED FEV FESE NTA TI 0 - 'o' a /`O'ff 7 .. 0 30124 Ed. 2-GS Printed in U.S.A. ~~:F NT'S COPY BUILDERS RISK /INSTALLATION ~61a°~"' SCHEDULE Attached to and forming Agent part of Policy Number 9flS2D8806 1. Description of Property Dwelling 2. Location of Property (Street No. and Name or Legal Description) Boerne, Texaa 3. Limits of Liability a, $ 200, 000.00 at any one jobsite b, $ 5,000.00 while in transit c. $ 2 , 000 • ~ at any one temporary location d. $ Nil in any one loss due to flood e. $ Nil in any one loss due to earthquake ' f. $ 300,000.00 in any one loss, disaster, or casualty 4. Deductible a. $ 250.00 at any one jobsite or temporary location b, $ 250.00 while in transit c, $ Nil in any one loss due to earthquake d, $ Nil in any one loss due to flood 5. Loss Payable Loss, if any, shall be adjusted only with the Insured named herein, and payable to the Insured and as their respective interests may appear, subject, nevertheless, to all terms and conditions of the policy. 27998 Etl. 7-79 Printetl In U.S.A. AGENT'S COFY ~~~1~~ BUILDERS RISK/INSTALLATION ~,ra~ FORM 1. Property Covered This policy covers buildings, structures, and installations, including labor costs, and any and all materials, supplies, machinery, equipment, fixtures, and temporary structures (including office trailersl, the property of the Insured or the property of others in the custody or control of the Insured, to be used in or incidental to the construction, fabrication, erection, installation, or completion of the property as described in the Schedule. 2. Property Not Covered This policy does not cover a. Accounts, bills, currency, money, notes, securities, deeds, or evidence of debt; b. Contractors machinery, tools, equipment and property of a similar nature, except forms, scaffolding and temporary structures at the site of construction, not destined to become a permanent part of the building or structure; c. Trees, grass, shrubbery, or plants; d. Motor vehicles, trailers, or other conveyances of every description. 3. Locations Covered This policy covers the insured property within the Continental United States, District of Columbia, and Canada: a. while in transit, subject to the limit of liability shown in 3.b. of the Schedule -Limits of Liability; b. during temporary storage away from the premises, subject to the limit of liability shown in 3.c. of the Schedule - Limits of Liability; c. while on premises awaiting and during construction, fabrication, erection, installation, or completion; d. while awaiting and during testing; and until a. accepted by the contract purchaser, or b. the Insure d's interest ceases, whichever shall first occur, but in no event beyond termination or expiration of this policy. 4. Limits of Liability Unless endorsed hereon, this Company shall not be liable for more than the limits of liability as shown in the Schedule, either in case of partial or total loss, or salvage charges, or any other charges or expenses, or all combined. 5. Deductible Each claim for loss or damage (separately occurring) shall be adjusted separately and from the amount of each adjusted claim or the applicable limit of liability the applicable deductible amount shown in the Schedule shall be deducted. 6. This Policy Insures Against This policy insures against all risks of direct physical loss or damage to the property insured from any cause except as provided below. 7. This Policy Does Not Insure Against a. Loss or damage caused by neglect of the Insured to use all reasonable means to save and preserve the property at and after any disaster insured against; ?J9J9 Etl. ]49 Pnntetl m U.SA. b Misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, his or their employees or agents or others to whom the property may be delivered or entrusted (carriers for hire excepted); nor against mysterious disappearance or shortage disclosed upon taking of inventory; c. Loss, damage, or deterioration arising from delay, however caused; d. Loss or damage caused by or resulting from interruption of business, loss of use of occupancy, or other consequential loss extending beyond the direct physical lass of or damage to the property; e. Loss or damage which is due and confined io wear and tear, gradual deterioration, corrosion, rust, dampness of the atmosphere, or freezing, unless such damage is the direct result of other loss covered by this policy; f. Loss or damage by electrical currents artificially generated to electrical apparatus of any kind (including wiring) unless loss by a peril not otherwise excluded ensures, and then only for loss or damage caused by the ensuing peril, g. Loss or damage caused by mechanical breakdown, but this exclusion shall not apply to loss or damage arising as a consequence of mechanical breakdown; h. Loss or damage caused directly or indirectly by: 11 faulty or defective workmanship, 21 faulty or defective material; 31 latent defect or inherent vice, or 4) error or omission in design, plan, or specification; but this exclusion shall not apply, unless otherwise excluded, to resultant damage to the property insured; i. Loss or damage to property that is not a permanent part of the structure andlor installation caused by rain, sleet, or snow, unless located within a fully enclosed structure. This exclusion shall not apply to property in the custody of carriers for hire; j. Unless a limit of liability is indicated in the Schedule -Limits of Liability section -Paragraph 3.d., this policy excludes loss or damage caused by flood except when the Insured property is in transit. Flood shall include waves, tides qr tidal water, and the rising (including overflowing or breaking of boundaries) of lakes, ponds, reservoirs, rivers, harbors, streams and similar bodies of water, whether driven by wind or not. However, this policy will cover fire or explosion damage occurring during or resulting from such flood; k. Unless a limit of liability is indicated in the Schedule -Limits of Liability section -Paragraph 3.e., this policy excludes earthquake. Earthquake shall mean all loss or losses sustained by the Insured during any one 72 (seventy- twol consecutive hours by reason of one or a series of earthquake shocks; 1. Loss or damage caused by or resulting from volcanic eruption, earth slide, landslide, mud flow, earth sinking, rising, or shitting, except if loss by perils not excluded in this policy ensures, and then the Company shall be liable for only such ensuing loss; m. Loss or damage caused by or resulting from: it hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending, or expected attack, (al by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval, or air forces; or (b) by military, naval, or air forces; or (cl by an agent of any such government, power, authority, or forces; 21 any weapon of war employing atomic fission or radioactive force whether in time of peace or war; 31 insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure, or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or Crade; n. Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the perills) insured against in this policy; however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. 8. General Conditions a. Occupancy Clause: It is made a condition of this insurance that if this policy covers construction or erection of a building, the premises shall not be occupied without obtaining the consent of the Company endorsed hereon with proper rate adjustment; except that machinery may be set up and operated solely for the purpose of testing the same without prejudice to this policy. b. Valuation: In the event of claim for loss or damage, the liability of this Company shall not exceed the cost of re- pairing or replacing or reerecting the property damaged with materials of a like kind and quality, but in no event shall payment exceed the limits of liability stated in the Schedule -Limits of Liability. c. Provisional Amount and Coinsurance Clause: The amount of insurance stated in this policy is provisional. It is a condition of this insurance, wherein the rate and premium are based on an average amount of liability during the period of construction, that at any date while this policy is in force, the actual amount of insurance hereunder is that proportion of the provisional amount that the actual value of the described property on that date bears to the value at the date of completion, but shall not in any case exceed the provisional amount, and: In consideration of the premium at which this policy is written, it is a condition of this insurance that in the event of loss, this Company shall be liable for no greater proportion thereof than the provisional amount of insurance under this policy bears to the value of the described property at date of completion. If this policy is divided into two or more items, the foregoing shall apply to each item separately. d. Debris Removal: It is a condition of this policy that this insurance covers expenses incurred in the removal of all debris of the property insured hereunder which may be occasioned by loss caused by any of the perils insured against in this policy. However, the total liability under this policy shall not exceed the amount named therein, nor such proportion of such expense as the amount of insurance hereunder bears to the total amount of all insurance, whether such insurance includes this clause or not. In no event shall this policy cover against loss occasioned by the enforcement of any state or municipal law or ordinance which has not suffered damage by any of the perils against in this policy unless such liability is specifically assumed elsewhere in the policy. Cost of removal of debris shall not be considered in the determination of actual value when applying a Coinsurance Clause attached to this policy. If the insurance under this policy is divided into two or more items, the foregoing shall apply to each item sepa- rately. e. Records: It is understood and agreed that books and records will be kept by the Insured in such manner that the exact amount of loss or damage can be accurately determined by the Company. The books and records of the Insured shall at all times during business hours be open to an authorized representative of the Company. f. Parts: In case of loss or injury to any part of the Insured property consisting, when complete for sale or use, of several parts, the Company shall only be liable for the insured value of the part lost or damaged. g. Loss Clause: Any loss hereunder shall not reduce the amount of this policy. h. Claim Against Carrier: In the event of any loss or damage to the goods and/or merchandise insured hereunder, the Insured shall, as soon as practical, make claim in writing against the carrier or carriers involved. i. Other Insurance: It is expressly agreed that this insurance shall not cover to the extent of any other valid and collectible insurance whether prior or subsequent hereto in date, and by whomever effected, directly or indirectly covering the same property, and the Company shall be liable for loss or damage only for the excess value beyond the amount of such other insurance. j. No Benefit to Bailee: This insurance shall in no way benefit directly or indirectly any carrier or other bailee. k. Sue and Labor: In the event of any loss or damage insured against, it shall be lawful and necessary for the Insured, his or their factors, servants and assigns, to sue, labor and travel for, in and about the defense, safeguard and recovery of the property insured hereunder, or any part thereof, without prejudice to this insurance, nor shall the acts of the Insured or the Company, in recovering, saving and preserving the property insured in case of loss be considered a waiver or an acceptance of abandonment. The expenses so incurred shall be borne by the Insured and the Company proportionately to the extent of their respective interests. I. Impairment of Recovery Rights: Any act or agreement by the Insured after loss or damage whereby any right of the Insured to recover ih whole or in part for loss or damage to property covered hereunder against any carrier, bailee, or other party liable therefor, is released, impaired, or lost, shall render this policy null and void, but the Insurer's right to retain or recover the premium shall not be affected. The Company is not liable for any loss or damage which, without its written consent, has been settled or compromised by the Insured. m. Legal Proceedings in Name of Insured: It is expressly agreed that upon payment of any loss or advancement or loan of moneys concerning the same, that the Insured will at the request and expense of the Company, and through such counsel as the Company may designate, make claim upon and institute legal proceedings against any carrier, bailee, or other parties believed to be liable for such loss, and will use all proper and reasonable means to recover the same. All other terms and conditions of the policy not in conflict herewith remain unchanged ~StF~ui trice t~N 11LDERS;RISK /INSTALLMENT REPORTING ENDORSEMENT The following spaces preceded'by an asterisk) 1 need not be competed if this evdasemmt aid dre Pdicy have same inception dafe. hed to and rorming part of Policy Number 3932D8806 'Effective Date I 'Issued of Endorsement Deposit Premium: $ 250 • ~ Completed Value Reporting Clause Monthly Reporting Rate: • 10 It is a condition of this insurance that the Insured shall report monthly to this Company the completed contract price of all jobs at risk as covered by this insurance and pay a monthly premium based on the amounts reported at the monthly rates shown in this endorsement. The reports shall be due within thirty days after the end of the month for which values are to be reported. Reports as above required shall state the location, construction, and completed contract price of all jobs at risk. ^ Values at Risk Reporting Clause It is a condition of this insurance that the Insured shall report monthly to this Company the actual values at risk at each job in process as covered by this insurance and pay a monthly premium based on the amounts reported at the monthly rates shown in this endorsement. The reports shall be due within thirty days after the end of the month for which values are to be reported. If, at the time of any loss, the Insured has failed to file with the Company the reports of values as above required, this policy shall cover for not more than its pro rata share of the amounts shown in the last report of values filed prior to the loss. Reports as above required shall state the location, construction, and actual values in each jpb General Conditions (Applicable to Completed Value or Values at Risk Reporting) Full Reporting Clause: Liability under this policy shall not in any case exceed that proportion of any loss hereunder which the last reported value filed prior to the date of the loss bears to the completed contract price of all jobs at risk on the date for which the report was made or the Limits of Liability as shown in the Declarations, whichever is less. Verification of Values: This Company or its duly appointed representative shall be permitted at all reasonable times during the term of this policy, or within a year after its expiration, to inspect the property covered hereunder and to examine the Insured's books, records, and such policies as relate to any property covered hereunder. This inspection or examination shall not waive or in any matter affect any of the terms or conditions of this policy. In the event of a delinquent initial report, as above required, this policy shall cover for not more than the amount of value, if any, declared at inception of the policy. A job in process commences on the date of delivery of materials at the jobsite or start of construction of open foundation, whichever first occurs, and shall be considered completed as of the date of occupancy or sale, whichever first occurs. All other terms and conditions of the policy not in conflict herewith remain unchanged. 28000 Etl. 749 Prin[etl In U.S.A. AOCtJT'$ cONy