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HomeMy WebLinkAboutUNDERGROUND TANKHazardous Materials/Hazardous Waste Unified 'Permit CONDITIONS..OFPERMITON REVERSE SIDE .... "-..-.,'-, .. ':.:':..~ ,... ::.:' ..:. ...... -'A!~i? ~?i:-&:'~: :,.: 2, . Permit ID #:: 015-000-001975 SOILREM LOCATION: 408 E PACHECO RD This ~,rmit is issued for the following: [] Hazardous Materials Plan [] Underground Storage of Hazardous Materials [] Risk Management Program [] Hazardous Waste On-Site Treatment Issued by:' Bakersfield Fire Department OFFICE OF ENVIRONMENTAL SER VICES 1715 Chester Ave., 3rd Floor Bakersfield, CA 93301 Voice (661) 326-3979 FAX (661) 326-0576 Approved by:. :.ExPi~[ioa.Date: [:: ,.: ,;f :i'':-' :: · Off:~ce of E-viro~ll.~ices"-,j Issue Date "June 30; 2003 I SOILS ENGINEERING, INC. I Monitoring Well Installation & Sampling Report I For 1 I SoilRem Corporation 408 Pacheco Rd. Bakersfield, California I I I I Prepared For: SoilRem Corporation P.O. Box 40764 South Station 524 Bakersfield, California 93304-9998 I File No. 99-8987 I I I Prepared By: Soils Engineering, Inc. 4700 District Blvd. Bakersfield, CA. 93313 I I November 2, 1999 I I 4700 DISTRICT BLVD. ° BAKERSFIELD, CALIFORNIA93313 · PHONE(661)831-5100 ° FAX:(661)831-2111 I SOILS ENGINEERING, INC. I November 2, 1999 File Number 99-8987 I I I I Regional Water Quality Control Board 3614 East Ashlan Avenue Fresno, CA 93726 Attn.: Mr. Doug Patteson i I I I I I I I I I I I Monitoring Well Installation & Sampling Report SoilRem Facility 408 Pacheco Rd. Bakersfield, California Mr. Patteson: Soils Engineering, Inc. (SEI) has prepared this Monitoring Well Installation & Sampling Report for SoilRem Corp. describing the field activities completed during the installation and sampling of 2 groundwater monitoring wells at the site (see Plate 1 for Location Map). The work was conducted in accordance with the May 10, 1999 Groundwater Well Installation & Sampling Plan for the facility prepared by SEI. FIELD WORK CONDUCTED The following describes the procedures conducted to drill and install the 2 monitoring wells (1 deep (160') and 1 shallow (40') and the water sampling protocol that was utilized. INSTALLATION OF 2 GROUNDWATER MONITORING WELLS (1-160', 1- 40') Shallow Aquifer Well MW-1S On October 14, 1999 SEI drilled and completed the shallow perched aquifer monitoring well MW-1S near the northeast corner of the fenced in portion of the SoilRem facility down-gradient (northeasterly) of the soil treatment area. The soil boring was advanced with a CME-75 Hollow-stem auger drilling rig to a depth of 40' below ground surface (bgs). Soil cuttings were described in 5 foot intervals by a State of California Registered Geologist and recorded on a Boring Log in accordance with the Unified Soil Classification System (USCS). Once the boring was advanced a minimum of 10' beneath the first groundwater encountered (30'), 2"-diameter schedule 40 PVC casing was placed to the bottom of the boring (40' bgs.). The bottom 20 feet of PVC casing was screen interval (0.02" slots) with a threaded bottom cap attached to threaded blank schedule 40 PVC casing to the surface. A sand filter pack (#3 sand) was placed in the annular space 4700 DISTRICT BLVD. ° BAKERSFIELD, CALIFORNIA93313 ° PHONE(805) 831-5100 ° FAX:(805) 831-2111 I I I I I I I i I I I I I I I I I I SOILS ENGINEERING, INC. Well Install & Sampling Report File No. 99-8987 SoilRem Facility November 2, 1999 408 Pacheco Rd. Bakersfield, CA. Page 2 from the bottom of the boring to a minimum of 2-feet above the slotted interval as the augers were removed from the boring. Partial development of the well was conducted prior to setting the bentonite seal by utilizing a 2-inch vented surge block and bailer to remove a minimum of 3 well volumes of water to settle out the sand pack. No additional sand was needed to maintain the sand 2-feet above the screen interval. A 4' seal of bentonite chips was placed above the sand pack through the augers. The bentonite was hydrated prior to the placement of neat cement grout to within 1 foot of the surface. The well head was protected with a locking traffic-rated well box concreted in place and sloped to provide rain-water runoff. A Boring Log of MW-1S (Pending) is attached showing the completion of the monitoring well. Deep Aquifer Well MW-2D On October 14, 1999 SEI began the drilling of the deep aquifer well MW-2D which was placed west-southwest (S87W) of the soil treatment area with a depth of 160' below ground surface (bgs.). The soil boring was advanced with a CME-75 Hollow-stem auger drilling rig. Soil cuttings were described in 5 foot intervals by a State of California Registered Geologist and recorded on a Boring Log in accordance with the Unified Soil Classification System (USCS). On October 15, 1999 SEI completed the boring by placing 2"-diameter schedule 40 PVC casing to the bottom of the boring (160' bgs.). The bottom 30 feet of PVC casing was screen interval (0.02" slots) with a threaded bottom cap, attached to threaded blank schedule 40 PVC casing to the surface. Centralizers were attached to the PVC casing at 20 foot-intervals to maintain the PVC casing within the center of the borehole. A sand filter pack (#3 sand) was placed in the annular space from the bottom of the boring to a minimum of 2-feet above the slotted interval as the hollow- stem augers were removed from the borehole. An adjustment to the casing brought the bottom of the well to approximately 156' bgs.. Partial development of the well was conducted prior to setting the bentonite seal by utilizing a 2-inch vented surge block and a bailer to remove a minimum of 3 well volumes of water to settle out the sand pack. No additional sand was needed to maintain the sand 2-feet above the screen interval. A 4 foot interval of bentonite was placed above the sand pack through the augers. The bentonite was hydrated prior to the placement of neat cement grout to within 1 foot from the surface. The well head is protected with a locking traffic-rated well box concreted in- place and sloped to prevent rainwater collection. A Boring Log of MW-2D (Pending) is attached showing the completed monitoring well. See Plate 2 for well locations. Well Development & Water Sampline On October 18, 1999 the wells were fully developed by surging with a bailer and purging a minimum of 3 well volumes with a submersible pump until the water ran clear or had consistent pH, conductivity and temperature readings. On October 19, 1999 the wells were purged with a submersible pump a minimum of 3 well volumes, or until the pH, conductivity and temperature readings were consistent. After the water levels had recovered to 80% of original measurements a water sample I I I I I I I I I I ! I I I I I I I I SOILS ENGINEERING, INC. Well Install & Sampling Report File No. 99-8987 SoilRem Facility November 2, 1999 408 Pacheco Rd. Bakersfield, CA. . Page 3 was collected with a new disposable bailer attached to a dedicated sample line. Water from the disposable bailer was decanted into appropriate containers and placed into an iced cooler at 4-degrees centigrade. The water samples (MW-IS and MW-2D) from the two (2) on-site groundwater monitoring wells were analyzed for Total Petroleum Hydrocarbons as gasoline (TPHg) and diesel (TPHd) by EPA method 8015m and for volatile organics and MTBE by EPA Method 8260, for general minerals, and for Title 26 metals at Zalco Laboratories in Bakersfield, CA.. RESULTS Groundwater Gradient On October 19, 1999 the depth to water in the 2 on-site wells and the six (6) neighboring CleanSoils monitoring wells were measured to calculate an accurate groundwater gradient beneath the SoilRem site. The 2 on-site monitoring wells were surveyed for location and top of casing elevations and tied into the 6 existing CleanSoil facility monitoring wells by Martin-Macintosh. Groundwater levels in the shallow aquifer ranged from 22.2' (MW-4 (CS)) to 29.8' (MW-1S) from the top of well casings. Groundwater levels in the deep aquifer ranged from 121.0' (MW-2D) to 140.7' (MWo6 (CS)) from the top of well casings. See Table 1 for groundwater results. Plates 3A and 3B presents the approximate groundwater gradients of the shallow and deep aquifers on October 19, 1999. The shallow aquifers gradient is approximately 0.0158'/' in a N38E direction. The deep aquifers gradient is approximately 0.003'/' at the CleanSoil site in a S 17W direction. The SoilRem deep well (MW~2D) is slightly higher (approximately 10') in water level elevation than the CleanSoil deep wells indicating a steeper groundwater gradient from the SoilRem site toward the CleanSoils site. Additional monitoring of the wells may provide better data over time. See Plates 3A and 3B for estimated groundwater gradients. Analytical Results of Water Samples Table 2 presents a comparison of the SoilRem shallow and deep aquifer wells analytical results from October 19, 1999 to the CleanSoil shallow and deep aquifer analytical results from October 12, 1995. The majority of the general mineral and CAM 17 metal results are similar for the 2 sites. The petroleum hydrocarbon analytical results are also similar between the sites with the only positive results occurring in the water sample MW-2D with 0.38 parts per billion (ppb) benzene and 16.2 ppb Carbon Disulfide being reported. Overall the water quality beneath the SoilRem facility is good with no results exceeding State drinking water maximum contaminant levels (MCL's). See attached analytical reports for more detail. i I I I I I I I I I I I I I I ,I I I SOILS ENGINEERING, INC. Well Install & Sampling Report File No. 99-8987 $oilRem Facility November 2, 1999 408 Pacheco Rd. Bakersfield, CA. Page 4 Conclusions It appears that the SoilRem wells are in the same or similar aquifers as the CleanSoil wells and should represent similar aquifer properties beneath the site. Both on-site wells appear to be located down-gradient of the soil treatment pad as required. The analytical results of the water samples from the SoilRem wells had results similar to the CleanSoil wells from the past. No analytical results exceeded State drinking water MCL's during this sampling event. SCHEDULE OF WORK Quarterly monitoring will be performed in accordance with the Groundwater Well Installation & Sampling Plan with the same constituents analyzed for as during this sampling event. The next event will be conducted in January, 2000. If you have any questions concerning this~act SEI at (661) 831-5100. Sincerely, e~r~,.~ o. ~0~,~_~ I~ Ro~rtJ. Becker, R.G. 5076 [ k "ENZ-~// 1 Env~onmental Division Manager ~ ~ ' ~ ~ Enclosure: Table 1, Groundwater Re~ Table 2, Water Sample Anal~ical Results Plate 1, Location Map Plate 2, Plot Plan with Well Locations Plate 3A & 3B, Groundwater Gradient, Shallow & Deep Aquifers Anal~ical Reports Boring Logs I TABLE 1 SOILREM Corporation GROUNDWATER RESULTS 10/19/1999 Top Of PVC Ethyl Monitoring Sample Casing Depth Of Depth to Volume Water TPHg TPHd Benzene Toluene Benzene Xylene MTBE Date No. Elev. Well Water Of Well Elevation (ppb) (ppb) (ppb) (ppb) (ppb) (ppb) (ppb) SoilRem Wells 10/19/19991 MW-1S 363.41 40 29.8 6.80 333.61 ND ND ND ND ND ND ND 10/19/19991 MW-2D 364.89 156 121 23.35 243.89 ND ND 0.38 ND ND ND ND CleanSoil Wells 10/19/1999 MW-1 370.33 40 28 8.00 342.33 No Current Results 10/19/1999 MW-2 371.01 40 27.83 8.12 343.18 No Current Results 10/19/1999 MW-3 369.74 150 138.01 8.00 231.73 No Current Results 10/19/1999 MW-4 371.09 40 22.16 11.90 348.93 No Current Results 10/19/1999 MW-5 368.93 150 139.08 7.28 229.85 No Current Results 10/19/1999 MW-6 369.39 150 140.58 6.28 228.81 No Current Results Wells surveyed on 10/22/99 ultilizing previously surveyed elevation of MW-5 as base elevation,ppb = parts per billion,MTBE = Methyl Tertiary-Butyl Ether Page 1 I" I11 Z Z I11 rtl Z Z I I I I ,I I I I I I I I I I I ! I I I TABLE 2 WATER SAMPLE ANALYTICAL RESULTS SOILREM CORPORATION 408 E. Pacheco Rd., Bakersfield, CA. Samples Collected October 19, 1999 Concentrations in mg/I (parts per million) Water Samples MW-lS CleanSoil Shallow Wells MW-2D CleanSoil Deep Wells Date 10/19/1999 10/12/1995 10/19/1999 10/1 2/1995 GENERAL MINERALS Hardness 220 100 to 170 130 130 to 210 Total Alkalinity 315 100 to 190 163 150 to 180 Calcium 54 37 to 110 22 190 to 470 Magnesium 21 5.4 to 10 13 21 to 26 Iron 0.17 1.0 to 2.3 11 0.39 to 2.3 Sulfate 87 21 to 59 73 38 to 110 Manganese 0.64 0.06 to 0.43 0.66 0.16 to 0.23 Potassium 9.8 ND to 3.0 38 5 Sodium ~130 27 to 56 76 51 to 55 Chloride 39 7 to 15 84 11 to 33 Nitrate as NO3 13 6 to 21 2.6 8.8 to 29 pH (pH units) 8.4 7.4 to 7.6 8.7 7.7 Specific Conductance 563 320 to 500 454 400 to 580 Total Dissolved Solids 580 230 to 360 460 280 to 440 CAM 17 Metals Antimony ND ND ND ND Arsenic 0.02 ND to 0.005 0.02 ND to 0.005 Barium 0.22 0.049 to 0.3 0.34 0.19 to 0.56 Beryllium ND ND ND ND Boron 0.67 0.3 to 0.4 0.43 0.3 to 0.7 Cadmium ND ND ND ND Chromium ND 0.04 to 0.08 ND 0.1 to 0.16 Cobalt ND ND to 0.02 ND 0.02 to 0.03 Copper 0.06 ND to 0.04 0.06 0.05 to 0.06 Lead ND ND ND ND Mercury ND ND ND ND Molybdenum ND ND ND ND iNickel ND ND 0.05 0.02 to 0.03 Selenium ND ND to 0.006 ND ND 'Silver 0.05 ND ND ND Thallium ND ND ND ND Vanadium 0.1 ND to 0.03 0.1 0.03 Zinc 0.12 0.08 to 0.36 0.14 0.11 to 0.19 All <DL, except 0,0162 EPA 8260 Volatile Organics All <DL All <DL Carbon Disulfide All <DL TPHg ND ND ND ND TPHd ND ND ND ND Benzene ND ND 0.00038 ND Toluene ND ND ND ND Ethylbenzene ND ND ND ND Xylenes ND ND ND ND MTBE ND ND ND ND ND = Not Detected, DL = Detection Limit, TPHg = Total Petroleum Hydrocarbons as gasoline, TPHd = Total Petroleum Hydrocarbons as diesel, MTBE = Methyl Tertiery Butyl Ethylene Page1 -N- CL EAST WHIT~ · LANE GRAPHIC "TENTATIVE" BEING ADIVISION OF' LOT 20 0F' THE KERN COUNTY SALES MAP NO. I ~ LANDS J. B. HAGGIN DATED MA~CH 16, 1889. FILED IN THE OFFICJ~ OF 'I~IE KERN COUNTY SURVEYOR, IN SECI1ON I?, T. 30 $.. R. 28 E., M.O.M. IN THE CITY O~ BAKERSFIELD. COUNTY OF' KERN, $1'AT~ O~ CAU.rORHIA. 2 PARCELS /Clean SOils' .. '. ": 4441 . PJ~. 4441 . .~ · ., P~ p.. · . 27.68 ACRES L'L' ~}. ' 3m. (~. I/JO/WIQO · BASIS ~ BEARING: Phmf~ I ..</.;c.C:: /"37_ ,"' *' TT CLEAN SOILS FACILITY '~ ~' VACANT LAND MW-~W-5 VACANT LAND VACANT LAND Leachate VACANT LAND Collection Sump MW~~-MW-IS LEGEND % Contaminated~ Soil [~ '-~)'- Shallow Well ,~ lmatmentArea ~ -'~ Deep Aquifer Well ~ (150'x150') ~ Approx. S~le ~ Office PA~E~ ROAD PLATE SOILS ENGINEERING, INC. SoilRem Facility 4700 District Blvd. 408 Pacheco Rd. /~ Bakersfield, CA 93313 Bakersfield, CA PROJECT NUMBER: 99-8942 Plot Plan \ \ MW-2~I:y~MW-6 \ 343.'18' ~ CLEAN SOILS FA~LITY 348.9~ \ \ \ 349' \ \ LEGEND Shallow Well Deep Aquifer Well ~o, 2?0, 3?0, Approx. Scale \ \ \ \ M~-I.I,,~I~W-5 \ VACANTLAND \ \ \ \ \ \ \ \ VACANT LAND \ \ \ \ \ VACANTLAND \ \ \ \ \ LeXachate ColleXction Sump VACANT LAND ~MW-1 ,S, ,l.l ", ~.~d Soi, '~ Tre~a~ment .A,,rea ~ (150 x 150) ~. SOILS ENGINEERING, INC. 4700 District Blvd. Bakersfield, CA 93313 PROJECT NUMBER: 99-8942 PLATE SoilRem Facility 408 Pacheco Rd. 3A Bakersfield, CA SHALLOW AQUIFER GRADIENT 10119199 uw-~Mw-6 ~ uw-~ 'T"r CLEAN SOIL~FACILITY 231 7'~3' VACANT LAND 228.81' ~ · MW-I~W-5 VACANT LAND ] I 236' J I 239' VACANT / / / Leachate VACANT LAND Oolloction Sump / /~ / SHallowW~ll / / ~ ~ Oont~mi~t~dSoil ~x ~ Tmatm~ntAma ~ ~ O~O'x~O') Deep Aquifer Well / / ~ ,. Soll~,m SOILS ENGINEERING, INC. 4700 District Blvd. Bakersfield, CA 93313 PROJECT NUMBER: 99-8942 PLATE SoilRem Facility 408 Pacheco Rd. 3B Bakersfield, CA DEEP AQUIFER GRADIENT 10/19/99 i I I I I. [ 1 1 1 I I I I I I I I I I "0 Ill Z I I I I I I I I I I I I I I I I I I I Appendix A Analytical Reports Water Samples SOILS ENGINEERING, INC. Chain of Custody Record [-~ ZALCO LABORATORIES, INC. 4309 'An'hOUr A~e. Proj~'r~e ~ ~ T~n~ound ~e: '~ ~ke~eld. ~lEomia 93308 [805)~39~539'' ~' "' ~' ' ' :? =~o~it~(W~k) ,~ · · ' ~' ''-~ ~' ~ "' Fax (~O5 39~069 NOTE: Samp~es am discarded 30 days afta' msults am mlxx'ted unless olher an'angements are made. KEY: * G-Glass P-Plastic M.Metal T*'redlaf V-VOA Hazardous samp,~s will be returned to client o~ disposed of at client's expense. ** W-Water WW-Wastewater S-Solid P-Pefl'oleum L-LJquid O-OIJ~r White - Office Copy Yellow- Lab CoDY Pink - Client COpy *** A-Acid, pH<2 (HCI,HNO3,H~,SO4) S-NaOH+ZnAc C-Caustic, pH>10 (NaOH) Comparly Name '-- ~' I~one # ' -- I~~, :;, ;I ' "' ~ ;.-.: i;'/ '°' '~ ~ '" ku, ~,"~ ¢',,,'('7" ~/~,,./, .esu.s .~21 - ?/.~ / , ~ '~. ,~ ' ?-, ~ ~, Stm~, Zip .._~ J Re~ A~emion , ~_ ~ ~ - '.'d ~-~ ~ ~,8 ~mP,~: JEmplw~: ~ '~, :~ ~":' "2 ~ :;{' ~ ' 3~ <;' Sampl~ , , ~ Ty~* ~ . ~m~ ~ KW Bel~ ID8 ~ Legal Sample Description I ~1~ ZALCO LABORATORIES, INC. l~ [h~l Analytical ~ Oonsulting Services I i~,~ ~1 4309 Armour Avenue ~ ........ -- ~! Bakersfield, California 93308 ISoils Engineerin9 4700 District Blvd Bakersfield, CA 93313 I Attention: Bob Becker (661) 395-0539 FAX (661) 395-3069 Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : Sample Type: I Description: Water MW-IS, SR Carp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS Constituents Results Units Volatile Organics 9910245-1 10/19/99 10/29/99 8987 10/19/99 10:00 DLR Method/Ref i I I I I I I I CC: I ! i I Acetone Benzene Bromobenzene Bromochloromethane Bromodichloromethane Bromoform Bromomethane 2-Butanone n-Butylbenzene sec-Butylbenzene tert-Butylbenzene Carbon Disulfide Carbon Tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane 2-Chlorotoluene 4-Chlorotoluene Dibromochloromethane 1,2-Dibromo-3-Chloropropane 1,2-Dibromoethane Dibromomethane 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene Analyzed : 10/20/99 SVM Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DaMs LUFT Manual 10. EPA 600/R-93-100, August 1993 NO UG/n ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L NO UG/L ND UG/L ND UG/L ND UG/L ND UG/L NO UG/L NO UG/L ND UG/n NO UG/L ND UG/L ND UG/L NO UG/5 ND UG/L ND UG/L NO UG/n ND UG/L ND UG/L NO UG/L NO UG/L 100 5.0 5.0 5.0 5.0 5.0 5.0 100 5.0 5.0 5.0 5.0 5.0 '5.0 5.0 5.0 5.0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 !~;/~-~i Ethe ~n" Lab Operations Manager ,/ mc~/'~/ .... ( / / ~: ~.~r~.-~- ~r ~ar~ ~e~' m~o., / .O/u9/L : micrograms per Liter (par~s pe~- billion) umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A :-Not Applicable DLR : Detection L~mit for Reporting Purposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. ZAPCO LABORATORIEs, INC. [~ ~1~1 Analytical ~ C°nsultingServices !~ ~1 4309 Armour Avenue (661) 395-0539 ~:i;~ ..... ~ Bakersf__ield California 93308 Soils Engineerin9 4700 District Blvd I I I Laboratory No: 9910245-1 Date Received: 10/19/99 Bakersfield, CA 93313 Date Reported: 10/29/99 Contract No. : 8987 Attention: Bob Becker Date Sampled : 10/19/99 Time Sampled : 10:00 Sample Type: Water Description: MW-iS, SR Corp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS Constituents Results Units DLR Method/Ref Dichlorodiflu°romethane ND UG/L 5.0 8260/1 1,1-Dichloroethane ND UG/L 5.0 8260/1 I I ! I I I I lC C: I I I I 1,2-Dichloroethane 1,1-Dichloroethene cis-l,2-Dichloroethene trans-l,2-Dichloroethene 1,2-Dichloropropane 1,3-Dichloropropane 2,2-Dichloropropane 1,1-Dichloropene cis-l,3-Dichloropropene trans-l,3-Dichloropropene Ethylbenzene Hexachlorobutadiene 2-Hexanone Isopropylbenzene p-Isopropyltoluene Methylene Chloride Methyl tert-Butyl Ether (MTBE) 4-Methyl-2-Pentanone Naphthalene n-Propylbenzene Styrene 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethene Toluene Analyzed : 10/20/99 SVM Method Reference 1. EPA SW~846, 1994 3rd Edition 2. EPA 600/4~79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 ND ND ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L 5.0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 100 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 1 8260/1 100 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 · 5.0 8260/1 -? .~-' ; I . /'~'" ~'~ Ethe~n, Lab Operations Manager >'\//. / mg/~ · milligCa&per Liter (parts pet' million> ug/L : micro~rams per Liter (parts per billions' umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Reporting Purposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I ZALCO LABORATORIEs, INC. I~ L~I Analytical ~ C°nsultingServices I i~ ~1 4309 Armour Avenue (661) 395-0539 -- ~ Bakersfeld, California 93308 FAX (681) 395-3069 I Soils Engineering 4700 District Blvd I I I I Laboratory No: Date Received: Bakersfield, CA 93313 Date Reported: Contract No. : Attention: Bob Becker Date Sampled : Time Sampled : Sample Type: Water Description: MW-iS, SR Carp Sampled by M. Voris REPORT OFANALYTICAL RESULTS Constituents Results Units DLR 1,2,3-Trichlorobenze~e ' ND UG/L 5 ND UG/L 5 ND UG/L 5 m) UG/L 5 ND UG/L 5 ND UG/~ 5 ND UG/L 5 ND UG/L 5 ND UG/L 5 ND UG/L 5 ND UG/~ s ND UG/L 5 I I I 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethene Trichlorofluoromethane 1,2,3-Trichloropropane 1,2,4-Trimethylbenzene 1,3,5-Trimethylbenzene Vinyl chloride m and p-Xylenes o-Xylene 9910245-1 10/19/99 10/29/99 8987 10/19/99 10:00 Method/Ref 0 8260/1 0 8260/1 0 8260/1 0 8260/1 0 8260/1 0 8260/1 0 8260/1 .0 8260/1 .0 8260/1 .0 8260/1 .0 8260/1 .0 8260/1 ICC: Analyzed : 10/20/99 S~M Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5~ APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 ~ '~ Ethe.~t~on), Lab Operations ~/~ / / Manager /mgm&." :" milligr~ms~ms~r Liter <parts pev million' ug/L : micrograms per Liter (parts per billion} umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Reporting Purposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I ZALCO LABORATORIES, INC. I ~ ~1 4309 Armour Avenue (661) 395-0539 gr ........ ~_jj Bakersf__.____~eld, California 93308 FAX (661) 395-3069 I Soils Engineerin9 4700 District Blvd I I I I I I I I I I I I I Laboratory No: Date Received: Bakersfield, CA 93313 Date Reported: Contract No. : Attention: Bob Becker Date Sampled : Time Sampled : Sample Type: Water Description: MW-2D, SR Carp Sampled by M. Voris REPORT OF D2gALYTICAL RESULTS 9910245-2 10/19/99 10/29/99 8987 10/19/99 12:30 Constituents Results Units DLR .Method/Ref CC: Volatile Organics Acetone Benzene Bromobenzene Bromochloromethane Bromodichloromethane Bromoform Bromomethane 2-Butanone n-Butylbenzene sec-Butylbenzene tert-Butylbenzene Carbon Disulfide Carbon Tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane 2-Chlorotoluene 4-Chlorotoluene Dibromochloromethane 1,2-Dibromo-3-Chloropropane 1,2-Dibromoethane Dibromomethane 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene Analyzed : 10/20/99 SVM ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/n ND UG/L ND UG/L ND UG/L ND UG/L 16.2 UG/L Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/L ND UG/~ 100 5.0 5.0 5.0 5.0 5.0 5.0 100 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5 0 5.0 5.0 5.0 5.0 5.0 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 82~o/1 8260/1 8260/1 8260/1 8260/1 8260/1 8260/1 /~/~Et~t~, L~ -ab Operations Manager / m~/~': milligrams per Liter (parts per mi lion} ug/b : micrograms per Liter (parts pe~' billion] umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Reporting Purposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. ZALCO LABORATORIES, INC. ~P L~I Analytical ~ Oonsulting Services L~ ~k~l 4309 Armour Avenue ~ ....... ~7 Bakersfield, California 93308 (661) 395-0539 Soils Engineering 4700 District Blvd Bakersfield, CA 93313 D~! Attention: Bob Becket Sample Type: Water TJ~ : Description: MW-2D, SR Corp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS constituents . Results Units Dlchlorod~fluoromethane ND UG/L 1,1-Dichloroethane ND UG/L 1,2-Dlchloroethane ND UG/L 1,1-Dichloroethene ND UG/L ~ls-l,2-D~chloroethene ND UG/L crans-l,2-Dichloroethene ND 1,2-Dichloropropane ND 1,3-Dichloropropane ND UG/L 2,2-Dichloropropane ND UG/L 1,1-Dichloropene ND UG/L cis-l,3-Dichloropropene ND UG/L FAX (661) 395-3069 Laboratory No: 9910245-2 Date Received: 10/19/99 Date Reported: 10/29/99 Contract No. : 8987 Date Sampled : 10/19/99 Time Sampled 12:30 DLR Method/Rel trans-l,3-Dichloropropene ND UG/L Ethylbenzene ND UG/L I Hexachlorobutadiene ND UG/L 2-Hexanone ND UG/L Isopropylbenzene ND UG/L I p-Isopropyltoluene ND UG/L Methylene Chloride ND UG/L Methyl tert-Butyl Ether (MTBE) ND UG/L i 4-Methyl-2-Pentanone ND UG/L Naphthalene ND UG/L n~Propylbenzene ND UG/L Styrene ND ~G/L I 1,1,1,2-Tetrachloroethane ND UG/L 1,1,2,2-Tetrachloroethane ND UG/L Tetrachloroethene ND UG/L Toluene ND UG/L Analyzed : 10/20/99 SVM C: I I Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOMS LUFT Manual 10. EPA 600/R-93-100, August 1993 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 100 8260/1 5.0 8260/1 5.0 8260/1 5.0 8260/1 1 8260/1 100 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 5 0 8260/1 ug/L : micrograms per Liter (parts per billion~ umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for RepoFting Purposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I _ ZALCO LABORATORIES, INC. Analytical & Consulting Services I 4309 Armour Avenue Bakersfield, California 93308 (661) 395-0539 FAX (661) 395-3069 I I I I I Soils Engineering 4700 District Blvd Bakersfield, CA 93313 Attention: Bob Becker Sample Type: Water Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : Description: MW-2D, SR Corp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS Constituents Results 9910245-2 10/19/99 10/29/99 8987 10/19/99 12:30 1,2,3-Trichlorobenzene Units DLR Method/Ref ND UG/L 5.0 8260/1 I I I I I i I ICC: 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethene Trichlorofluoromethane 1,2,3-Trichloropropane 1,2,4-Trimethylbenzene 1,3,5-Trimethylbenzene Vinyl chloride m and p-Xylenes o-Xylene ND UG/L 5.0 8260/1 ND UG/L S.0 8260/1 ND UG/L S.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 ND UG/L 5.0 8260/1 Analyzed : 10/20/99 SVM Method Reference 1. EPA SW-8460 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 ~.' .~.~ z /[~ / ~J,~/Ethert~,/Lab Operations Manager /' z ,/ / / /mg<E'%-"milligrams~pe~' Liter (parts per million) ug/L : micrograms per Liter (parts per umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Repouting Purposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. ~1~ ZALCO LABORATORIES, INC. 'li~~l Analytical ~ C;onsulting Services [¢~ ~ 4309 Armour Avenue Soils En,ine~ 4700 District Blvd (661) 395-0539 FAX (661) 395-3069 Bakersfield, CA 93313 I Attention: Bob Becket Sample Type: Water I Description: Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : MW-iS, SR Corp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS Constituents I LUFT TPH Gas, Diesel, BTEXM Methyl tert-Butyl Ether Benzene Toluene Ethylbenzene Total Xylenes TPH Gasoline TPH Diesel Results 9910245-1 10/19/99 10/29/99 8987 10/19/99 10:00 Units DLR Method/Ref I I I I I I I Icc: (MTBE) ND UG/L 2.0 8020/8015M/8 ND UG/L 0.3 8020/8015M/8 ND UG/L 0.3 8020/8015M/8 ND UG/L 0.3 8020/8015M/8 ND UG/L 0.6 8020/8015M/8 ND MG/L 0.5 8020/8015M/8 ND MG/L 0.5 8020/8015M/8 Analyzed : 10/25/99 JMM Method Reference 1. EPA $W-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 ~/f~'~ther?~n:/Lag operations Manager /~g/L%~illigrams~'Liter (parts per million' ug/L : micrograms peu LiCer (parCs pe~ billion) umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Reporting Purposes This report is furnished for the excluslve use of our Customer and applies only to the samples tested. Zalco is nat responsible for report alteration or detachment. ~_~ ZALCO LABORATORIES, Analytical & Oonsulting SerVices 4309 Armour Avenue Bakersfield, California 93308 Soils Engineerin9 4700 District Blvd Bakersfield, CA 93313 I I Attention: Bob Becker I I I Sample Type: Water Description: MW-2D, SR Corp Sampled by M. Voris INO. (661) 395-0539 FAX (661) 395-3069 REPORT OF ANALYTICAL RESULTS Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : Constituents _ Results Units LUFT TPH Gas, Diesel, BTEXM 9910245-2 10/19/99 10/29/99 8987 10/19/99 12:30 DLR Method/Ref I I I I I I I ICC: Methyl tert-Butyl Ether (MTBE) Benzene Toluene Ethylbenzene Total Xylenes TPH Gasoline TPH Diesel ~$ UG/L 0.384 UG/L ND UG/L ND UG/L ND UG/L ND MG/L ND MG/L 2.0 8020/8015M/8 0.3 8020/8015M/8 O.3 8020/8015M/S 0.3 8020/8015M/8 0.6 8020/8015M/8 0.5 8020/8015M/8 o.s 8020/8015M/8 Analyzed : 10/25/99 JMM Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-?9-020 March 1983 5. APHA Standard Methods, 18gh Edition, 1992 8. DONS LUFT Manual 10. EPA 600/R-93-100, August 1993  ! //? · ':' /" ..~.',,~/~ Ethe~o~, Lab 6~erations Manager /mg/~,/: milligrams/per Liter (parts per million? ug/' "-'L : micrograms per Liter (parts per billion! umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Repouting Puvposes This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I ~1~ ZALCO LABORATORIES, INC. ~ ~{~1 ~,~,c~, ~ Oon~u,~,~ ~V,C~ It~ /~ 4309 Armour Avenue [~ ......,,"~'~ Bakersfield,__Oalifornie 93308 I Soils ~n~±neering 4700 District Blvd Bakersfield, CA 93313 I Attention: Bob Becker (661 ) 395-0539 FAX (661 ) 395-3069 I I Laboratory No: Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : Sample Type: Water Description: Confirmation, 554-2D, SR Corp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS Constituents Purgeable Aromatics 8020 Results 9910245-3 10/19/99 10/29/99 8987 10/19/99 12:30 Units DLR Method/Ref I I I I I I I ICC: Benzene 0.420 UG/L 0.3 8020/1 knalyzed : 10/28/99 JMM Method Reference 1. EPA SW-846, 1994 3rd Edition · ~:'VEthert~on, L~ O~erations mg/~*~ m~llzgrame-per Liter (parts pe~ milliol~ ug/L : micrograms per Liter (parts pe~ billion~ umhos/cm : micromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Reporting Purposes This report is furnished for the exciuslve use of our Customer and applies on~y to the samples tested. Zolco is not responsible for report alteration or detachment. I I Soils Engineerin9 ZALCO LABORATORIES, INC. Analytical & Consulting Services 4:309 Armour Avenue Bakersfield, California 93308 FAX Laboratory No: (661) 395-05:39 (661) 395-3069 9910245-1 4700 District Blvd Bakersfield, CA 93313 Attention: Bob Becker Sample Type: Water Date Received: Date Reported: Contract No. : Date Sampled : Time Sampled : Description: MW-iS, SR Corp Sampled by M. Voris C~%M - Title 22, Chapter 30 Article II Constituents Total Concentration {TC) 10/19/99 10/29/99 8987 10/19/99 10:00 Units TTLC DLR Method/Ref I I I I I I I I I I ! I Total Concentration Antimony, Sb Arsenic, As Barium, Ba Beryllium, Be Cadmium, Cd Chromium, Cr Cobalt, Co Copper, Cu Lead, Pb Mercury, Hg Molybdenum, Mo Nickel, Ni Selenium, Se Silver, Ag Thallium, T1 Vanadium, V Zinc, Zn CC: <0.2 0 02 0 22 < 0 01 < 0 01 <005 < 0 1 0.06 < 0.05 < 0 002 < 0 1 <005 <005 0 05 <05 0 1 0 12 mg/1 500 0.2 6010A /1 mg/1 500 0.02 7061A /1 mg/1 10000 0.1 6010A /1 mg/1 75 0.01 6010A /1 mg/1 100 0.01 6010A /1 mg/1 2500 0.05 6010A /1 m9/1 8000 0.1 6010A /1 m~/1 2500 0.05 6010A /1 mg/1 1000 0.05 6010A /1 mg/1 20 0.002 7471A /1 mg/1 3500 0.1 6010A /1 mg/1 2000 0.05 6010A /1 mg/1 100 0.05 7741A /1 mg/1 500 0.02 6010A /t m~/1 700 0.5 6010A /1 mg/1 2400 0.1 6010A /1 mg/1 5000 0.05 6010A /1 ~.iF)~t'~,the~t~n~')'L~b Operations Manager I Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 DLR : Detection Limit for Reportin9 TTLC : Total Threshold Limit Concentration, mg/k9 STLC : Soluble Threshold Limit Concentration, mg/1 in extract WET : Waste Extraction Test ; pH 5.0 Solution, 0.2 M Citrate ND : None Detected ; Deionized Water ~or Chromium V! This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I 4309 Armour Avenue · 0 Bakersfield, California 93306 Soils Engineering 4700 District Blvd Bakersfield, CA 93313 '1 ZALCO LABORATORIES, INC. Analytical & Consulting SerVices Attention: Bob Becker Sample Type: Water Description: MW-2D, SR Carp Sampled by M. Voris CAM - Title 22, (661) 395-0539 FAX (661) 395-3069 Laboratory No: 9910245-2 Date Received: 10/19/99 Date Reported: 10/29/99 Contract No. : 8987 Date Sampled : 10/19/99 Time Sampled : 12:30 Chapter 30 Article II Constituents Total Concentration (TC) Units TTLC DLR Method/Ref Total Concentration Antimony, Sb Arsenic, As Barium, Ba Beryllium, Be Cadmium, Cd I Chromium, Cr Cobalt, Co Copper, Cu I Lead, Pb Mercury, Hg Molybdenum, Mo I Nickel, Ni Selenium, Se Silver, Ag Thallium, T1 IVanadium, V Zinc, Zn ! I I CC: i ! I <0.2 0.02 0.34 < 0.01 <001 < 0 05 < 0 0 < 0 < 0 < 0 0. < 0. < 0. < 0. 0. 0. 1 06 05 002 1 05 05 02 5 10 14 mg/1 500 0.2 6010A /1 mg/1 500 0.02 7061A /1 mg/1 10000 0.1 6010A /1 mg/1 75 0.01 6010A /1 mg/1 100 0.01 6010A /1 mg/1 2500 0.05 6010A /1 mg/1 8000 0.1 6010A /1 mg/1 2500 0.05 6010A /1 mg/1 1000 0.05 6010A /1 mg/1 20 0.002 7471A /1 mg/1 3500 0.1 6010A /1 mg/1 2000 0.05 6010A /1 mg/1 100 0.05 7741A /1 mg/1 500 0.02 6010A /1 mg/1 700 0.5 6010A /1 mg/1 2400 0.1 6010A /1 mg/1 5000 0.050 6010A /1 Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 1992 DLR : Detection Limit for Reporting TTLC : Total Threshold Limit Concentration. mg/kg STLC : Soluble Threshold Limit Concentration, mg/1 i~ e>:tract WET : Waste Extraction Test ; pH 5.0 Solution, 0.2 M Citrate ND : None Detected ; Deion~zed Water for Chromium VI This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. ZALCO LABORATORIES, INC. Analytical & Consulting Services 4309 Armour Avenue Bakersfield, California 93308 (661) 395-0539 FAX (661) 395-3069 Laboratory No: Date Received: Date Reported: Contract No. Date Sampled : Time Sampled I ! I ee Blvd Bob Becker I I Sample Type: Description: Water MW-lS, SR Corp Sampled by M. Constituents Voris REPORT OFANALYTICAL RESULTS Results Units 9910245-1 10/19/99 10/29/99 8987 10/19/99 10:O0 DLR Method/Ref I I Iron, Fe Manganese, Mn Nitrate, NO3-N Nitrate, NO3 0.17 mg/1 0.64 mg/1 3.0 mg/1 13 mg/1 0.1 200.7/10 0.03 200.7/10 0.2 352.1/2 1.0 4500-NO3-B/5 ! I.~c: I I I Date knalyzed: 10/29/99 DLJ Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition, 1992 8. DOHS LUFT Manual 10. EPA 600/R~93-100, August 1993 mg/L : milligrams per Liter (pa~'~s per ug/L : micrograms per Lite$ ~par~s per billio{~ umhos/cm : inicromhos/cm at 25 C mmhos/cm : miilimhos/cm at 25 C ND : None Detected N/A : Not Applicable DLR : Detection Limit for Reporting ['urposeu MBAS : Methylene Blue Active Substances This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I I I I ZALCO LABORATORIES, IN(3. Analytical & Consulting SerVices 4309 Armour Avenue Bakersfield, California 93308 Soils Engineering 4700 District Blvd Bakersfield, CA 93313 Attention: Bob Becker Sample Type: Description: (661 ) ~395-05~39 FAX (661) 395-3069 Laboratory No: 9910245-2 Date Received: 10/19/99 Date Reported: 10/29/99 Contract No. : 8987 Date Sampled : 10/19/99 Time Sampled : 12:30 Water MW-2D, SR Corp Sampled by M. Voris REPORT OF ANALYTICAL RESULTS Constituents Results Units DLR Method/Ref I I I I I I I Icc: Iron, Fe Manganese, Mn Nitrate, NO3-N Nitrate, NO3 11 mg/1 0.66 mg/1 0.58 mg/1 2.6 m9/1 0.1 200.7/10 0.03 200.7/10 0.2 352.1/2 1.0 4500-NO3-B/5 Date Analyzed: 10/29/99 DLJ Method Reference 1. EPA SW-846, 1994 3rd Edition 2. EPA 600/4-79-020 March 1983 5. APHA Standard Methods, 18th Edition. 1992 8. DOHS LUFT Manual 10. EPA 600/R-93-100, August 1993 ~ Ethe:Uo. Lab Operations Manager mg/L : milligrams per Li. ter ~pauts pc~' million ug/L : micuograms per Liteu ipar~s p~ b[llion" umhos/cm :,nicromhos/cm at 25 C mmhos/cm : millimhos/cm at 25 C ND : None Detected N/A : Not A~plicable DLR : Detect.ion Limit for ~eporting l'ur~oses MBA~ : Methylene Blue Active Substances This report is furnished for the exclusive use of our Customer ond applies only to the samples tested. Zalco is not responsibJe for report olteratlon or detachment. ZALCO LABORATORIES, INC. Analytical ~. Consulting SerVices 4309 Armour Avenue Bakersfield, California 93308 (661) 395-0539 FAX (661) 395-3069 I I I I I I I I I I I I I I I Soils Engineering 4700 District Blvd Bakersfield, CA 93313 Attention: Bob Becker Sample Identification: Laboratory No: Date Received: Date Reported: MW-iS, SR Corp Sampled by M. Voris on 10/19/99 at 10:00 IRRIGATIC~qATERANALYSIS pH 8.4 Electrical Con~_~ctivity, EC (millimhos/cm @ 25 C) 0.88 9910245-1 10/19/99 10/28/99 Constituents Calcium, Ca Magnesium, F~j Sodium, Na (calculated) Potassium, K Alkalinity as: Hydroxide, OH Carbonate, C03 Bicarbonate, HC03 Chloride, C1 Sulfate, S04 Nitrate, NO3 Totals (Sum) Boron, B Total Dissolved Solids, (Gray) Calculated Hardness, CaCO3 Sodium AdsorptionRatio, SAR Exchangeable Sodium Percentage, ESP Cation/AnionBalance, % Sodium, Na (determined), n~/1 Langelier Scale Index 54 21 130 9.8 0 7.7 420 39 87 13 560 0.67 580 220 3.7 4 0.29 130 1.40 Gypsum Requir~n~ent, lbs/ac-ft 0 meq/1 2.7 1.73 5.53 0.25 0 0.26 6.83 1.1 1.81 0.21 20.42 ~ ...Jim Etl/9~_ r~on Laboratory Director This report is furnished for the exclusive use of our Customer and applies only to the samples tested. Zalco is not responsible for report alteration or detachment. I~lov - u>.' ! F-11F- ZACCO LABORATORIES, INC. I / ~ 4309 Armour Avenue m l~ -), Bakersfield, California 93308 Soils En~ineerir~ . m 4700 District Blvd Bakersfield, CA 93313 m Attention: Bob Becket Sample Identification. MW-2D, SR Corp Sampled by ! .s on 1 m IRRIGATI(~ I ANALY. Electrical Conductivity, EC (millimhos/cm @ 25 C) 0.71 I Constituents m~/1 m Calcium, ca 22 Magnesium, ~3 13 Sodium, Na (calculated) 76 Potassium, K 38 dro ae, · 0 Carbonate, CO3 13 m Bicarbonate, Hc03 160 Chloride, C1 84 Sulfate, SO~ 73 m Nitrate, NO3 2.6 Totals (Sum) 410 Boron, B 0.43 Total Dissolved Solids, (Gray) 460 m calculated Kardness, CaC03 130 Sodium Adsorption Ratio, SAR 3.2 m Exchar~3eable Sodium Percentage, ESP 3.3 Cation/Anion Balance, % 4.73 Sodium, Na (determined), m~/1 110 I Langelier Scale Index 0.95 Qypsum Requiren~_nt, lbs/ac-ft 0 ! ! ! · O:Eb~ ~alco LaDora%orles, ~nc ~u~-Juo-o~u (661) 395-0539 FAX C661] 395-3069 Laboratory No: Date Received: Date Reported: 9910245-2 10/19/99 10/28/99 Sampled byM. Voris on 10/19/99 at 12:30 IRRIG~TION~ERANALYSIS n~q/l 1.1 1.07 3.31 0.97 0 0.43 2.68 2.37 1.52 0.04 14.08 I I I I ! I i i i I I I I I I I I I I '~3 '13 m Z I I I I I I i I I I I I I I I I I I I Appendix B Boring Logs SOILS ENGINEERING, INC. ANALYSES SAMPLE Lab 'Field ~ ~ 0 _e ~ LU '--' > m SOIL DESCRIPTION WELL TPHg o z ~ z= Benzene ~ ',, z ppm ppm ca C3 -- Traffic Box 0  _~'"'~king Cap -- -- ~Concrete-- -- -- %' -- -- -- ~ ML Sandy Silt - It brn, soft, dry, no odor or staining Neat - -- -- ":~ement- -- -- ,--. _ SM Silty Sand - It yelsh brn, v fn -fn gr, damp, med ~ __. __--' ~ dense, no odor or stng. ~Bentonite- -- -- I ,"'Seal _- 1 15 __" _-' MW1S-15' SW Sand-ltyelshbrn-orngshbrn, fntocrsgr, damp, iiiiiiiiii!iii!i -- ;)3 m -- med dense, no odor or stng. iii?ii?~iiii:iii:: --20 -IsP Sand-It yelsh brn, v fn to fn gr, moist, med ~i~i~?~j~:~ii~~ -- -- dense, no odor or staining ?~iiii?~iii!iii~ 2 10 '" Z' MW1S-25' iCL SiltyClay-medgrybrn, firm, moist %7 - - ' _ --30 - SP Sand - It grysh brn, v fn to fn gr, v moist, dense, ::::::iiiiii::::iiScre,e.n 29.8' ~ Z no odor, no staining Water m -- ND '.ISP Sand- as above, wet, trclay 8-inch Diameter -- -- -- Borehole _ __ _ 50 LOGGED BY: Becker DIAMETER OF BORING: 8 Inch DATE DRILLED: 10/14/99 WATER ENCOUNTERED AT: 30' TOTAL DEPTH: 40 feet SAMPLING METHOD: Modified split spoon DRILLING COMPANY: SEI DRILLER: Voris SOILS ENGINEERING, INC. SoilRem Corp. PLATE 408 E. Pacheco Rd. 4700 District Blvd. NE Corner of Bakersfield, CA 93313 Fenced Facility Bakersfield, California PROJECT NUMBER: 99-8987 LOG OF BORING MW-1S page l of 1i ANALYSES SAMPLE Lab Field z O WELL TPHg o '-' > 03 '?. SOIL DESCRIPTION COMPLETION TPHd P.I.D. ~ LU ~ · Benzene m~ uJ z ppm ppm c3 -- 8" Traffic Box 0 ~ · _~"~'ocking' Cap -- _ ,>', ~Concrete-- ",' ' ' -- -- ML Sandy Silt - It brn, soft, dry, no odor or staining ,,, ,', Neat - ',' ~',~ ~ement- -- -- ',' ',,' ' ~'i SW Sand- It yelsh brn. fn to crs gr. damp. ,,,, ,,,, -- -- -- med dense, no odor or stng. ,,, ,,, _ 2 10 _ _ · MW2D-15' SW Sand - It yelsh brn-orngsh brn, fn to crs gr. damp. ',' ',' -- 20 -- -- med dense, no odor or stng. '," ',' --20 - iil SP Sand-It yelsh brn, v fn to fn gr, moist, med ,,,.~ ,,, _ _ _ dense, no odor or staining ~, ,,, -- ~ -- Silty Clay - gry brn, firm. CL med moist ',' ,~2' PVC ,,, , , -- --30- ,,, ,,-,Blank --~' -- -- i :: SP Sand - It-med grysh brn, v fn to fn gr. v moist. .... dense, no odor, no staining , -- -- -- Hammer wet @35' ,,, ,,, _ --40 :i SP Sand- as above, wet, tr clay , ',' -- ML Sandy Silt - med gry brn. firm, v moist-wet, tr Clay 50 LOGGED BY: Becker DIAMETER OF BORING: 8 Inch DATE DRILLED: 10/14-15/99 WATER ENCOUNTERED AT: 32', 140' TOTAL DEPTH: 160 feet SAMPLING METHOD: Modified split spoon DRILLING COMPANY: SEI DRILLER: Voris SOILS ENGINEERING, INC. SoilRem Corp. PLATE 4700 District Blvd. 115' West of 408 E. Pacheco Rd. Treatment Pad Bakersfield, CA 93313 80' South of Bakersfield, California N f~n ~.~ PROJECT NUMBER: 99-S987 LOG OF BORING MW-2D page lof4 ANALYSES SAMPLE Lab Field z ~.- 0 ~ ~ w >, WELL TPHg o '-' m ~ ?' SOIL DESCRIPTION COMPLETION Benzene P.I.D. ~ uJ :::3 ~ ~ Z o ppm ppm m ~ --_ 50 . . ~ ................... ~W Sand -reed orng brn, fn to crs gr, v moist, no odor -~ MW-2D-80' ~;~?~ SW Sand-It-dk yelsh brn, fn~rs gr, damp, dense, 20 ~ ~%~ ~ ~ ~ :'~:~:~:~:~:~:~:~:~ ,,, ,,,, -- ;~?~ SW Sand continues 100 LOGGED BY: Becker DIAMETER OF BORING: 8 inch DATE DRILLED: 10/14-15/99 WATER ENCOUNTERED AT: 32', 140' TOTAL DEPTH: 160 feet SAMPLING METHOD: Modified split spoon DRILLING COMPANY: SEI DRILLER: Vorls SOILS ENGINEERING, INC. SoilRem Corp. PLATE 4700 District Blvd. 115' West of 408 E. Pacheco Rd. Treatment Pad Bakersfield, CA 93313 8o' South of Bakersfield, California North Fen~ PROJECT NUMBER: 99-8987 LOG OF BORING MW-2D page 2 of 4 I SOILS ENGINEERING INC. ANALYSES SAMPLE Lab Field WELL TPHg '~' X m '~ '?, SOIL DESCRIPTION COMPLETION TPHd P.I.D. Benzene ppm ppm c3 = ~ -, ','" ~;'~"' 100 _ _ _ ,%. -110 ,?' ~/~/,",'_ m __ ?~i:::!:::::? SW Sand - It-med yelsh brn. fn to crs gr, damp. dense ,,, ,;,;~ - - __ ,Bentonite :Seal ~:~ -120- '.:.. :~,,'"~ -- -- : SW Sand-continues, wet cuttings at surface -- 121' -- -- : : -130 ~: ':.2" PVC -- -- .. :::~ '~;iScreen ..... ;(0.02") · : ......... Water -140 #3 ~nd_ ND -- -- ' , ::: ,!ii~ ND · .::.; _ 0.00038 CL Clay - dk brn, firm-hard, moist, tr Sand '::. : :::': :I I I ::.. ?.i ~ SW Sand - It-med yelsh bm, v fn-med gr, clayey, wet 150 LOGGED BY: Becker DIAMETER OF BORING: 8 inch DATE DRILLED: 10/14-15/99 WATER ENCOUNTERED AT: 32', 140' TOTAL DEPTH: 160 feet SAMPLING METHOD: Modified split spoon DRILLING COMPANY: SEI DRILLER: Voris SOILS ENGINEERING, INC. SoilRem Corp. PLATE 4700 District Blvd. 115' West of 408 E. Pacheco Rd. Bakersfield, CA 93313 Treatment Pad so' South of Bakersfield, California N f~n~ PROJECT NUMBER: 99-8987 LOG OF BORING MW-2D page 3 of 4 I I I I I I I I I I I I I SOILS ENGINEERING INC. ANALYSES SAMPLE Lab Field z COMPLETIoNWELL benzeneTPhg~O 3: =: :~ ~ e. v > 03 '~ '?' SOIL DESCRIPTION P.I.D- ~,.,.~ ~_uJ :::3 o · -J LU Z I ppm ppm ca z 150 : ' :':':': i I I I : ": : I ==:: ::'~: :=:': : : :=: =:'::: .......... -- :'":::::::i SW Sand - It-med yelsh brn, fn to crs gr, wet. : ::::::::::::::::::::::::::::::::::::::::::::: : '160 8-inch Diameter -- -- -- Borehole -- -- -- '170 180 -- 190 -- 200 LOGGED BY: Becker DIAMETER OF BORING: 8 inch DATE DRILLED: 10/14-15/99 WATER ENCOUNTERED AT: 32', 140' TOTAL DEPTH: 160 feet SAMPLING METHOD: Modified split spoon DRILLING COMPANY: SEI DRILLER: Voris SOILS ENGINEERING, INC. SoilRem Corp. PLATE 4700 District Blvd. 115' West of 408 E. Pacheco Rd. Bakersfield, CA 93313 Treatment Pad 8o' South of Bakersfield, California Nnrth PROJECT NUMBER: 99-8987 LOG OF BORING MW-2D page 4 of 4 I May 10, 1999 I I I I I Regional Water Quality Control Board 3614 East Ashlan Avenue Fresno, CA 93726 Attn.: Mr. Doug Patteson Groundwater Well Installation & Sampling Plan SoilRem Facility 408 Pacheco Rd. Bakersfield, California Mr. Patteson: Soils Engineering, Inc. (SEI) has prepared this submittal for Soil Rem describing the proposed groundwater well installation & sampling procedures which will be conducted at the SoilRem facility (see Plate 1 for Location Map). As proposed in previous correspondence SoilRem is planning on installing two (2) groundwater monitoring wells at their facility to periodically monitor groundwater quality beneath the site. These 2 proposed on-site wells and the 6 monitoring wells at the neighboring former Clean Soils facility will be used to gather groundwater data from both sites to be used for the required groundwater monitoring of the SoilRem site. The following describes the proposed procedures to drill and install the 2 monitoring wells (1 deep and 1 shallow) and the water sampling protocol that will be utilized. Installation of 2 Groundwater Monitoring Wells (1-160', 1- 40') SEI proposes that a down-gradient deep aquifer well be installed west-southwest (S87W) of the soil treatment area with a depth of at least 160' below ground surface (bgs.) or 20 feet into the deeper aquifer zone. The soil boring will be advanced with a CME-75 Hollow-stem auger drilling rig. Soil cuttings will be described in 5 foot intervals by a State of California Registered Geologist and recorded on a Boring Log in accordance with the Unified Soil Classification System (USCS). Once the boring is advanced 20' beneath the deeper aquifer zone, 2"-diameter schedule 40 PVC casing will be placed to the bottom of the boring (estimated at 160' bgs.). The bottom 30 feet of PVC casing will be screen interval (0.01" or 0.02" slots) with a threaded bottom cap, attached to threaded blank schedule 40 PVC casing to the surface. Centralizers will be attached to the PVC casing at 20 foot-intervals if needed to maintain the PVC casing within the center of the borehole. A sand filter pack (#2/12 or #3 sand) will be placed in the annular space from the bottom of the boring to a minimum of 2-feet above the slotted interval as the hollow- 4700 DISTRICT BLVD. ° BAKERSFIELD, CALIFORNIA93313 · PHONE (805) 831-5100 ° FAX: (805) 831-2111 I I I I I I I I I I I I SOILS ENGINEERING, INC. Well Install & Sampling Platt File No. 99-8942 SoiIRem Facility May 10, 1999 408 Pacheco Rd. Bakers[ield, CA. Page 2 stem augers are removed from the borehole. Partial development of the well will be conducted prior to setting the bentonite seal by utilizing a 2-inch vented surge block and a submersible pump to remove a minimum of 3 well volumes of water to settle out the sand pack. Additional sand will be placed into the well annulus if needed to maintain sand 2-feet above the screen interval. A minimum of three feet of bentonite will be placed above the sand pack through the augers. The bentonite will be hydrated prior to the tremie placement of neat cement grout to the surface. The well head will be protected with a locking monument well standpipe concreted a minimum of 2-feet bgs. and extending 2-feet above ground surface. A monitoring well construction diagram is presented on Plate 3. In addition, a shallow perched groundwater well will be installed down-gradient of the treatment system near the northeast corner of the property with a depth of at least 40' bgs. The soil boring will be advanced with a CME-75 Hollow-stem auger drilling rig. Soil cuttings will be described in 5 foot intervals by a State of California Registered Geologist and recorded on a Boring Log in accordance with the Unified Soil Classification System (USCS). Once the boring is advanced 15' beneath the first groundwater encountered, 2"- diameter schedule 40 PVC casing will be placed to the bottom of the boring (estimated at 40' bgs.). The bottom 20 feet of PVC casing will be screen interval (0.01" or 0.02" slots) with a threaded bottom cap attached to threaded blank schedule 40 PVC casing to the surface. Centralizers will be attached to the PVC casing at 20 foot-intervals if needed to maintain the PVC casing within the center of the borehole. A sand filter pack (#2/12 or #3 sand) will be placed in the annular space from the bottom of the boring to a minimum of 2-feet above the slotted interval. Partial development of the well will be conducted prior to setting the bentonite seal by utilizing a 2-inch vented surge block and a submersible pump to remove a minimum of 3 well volumes of water to settle out the sand pack. Additional sand will be placed into the well annulus if needed to maintain sand 2- feet above the screen interval. A minimum of three feet of bentonite chips will be placed above the sand pack through the augers. The bentonite will be hydrated prior to the tremie placement of neat cement grout to the surface. The well head will be protected with a locking monument well standpipe concreted a minimum of 2-feet bgs. and extending 2-feet above ground surface. A monitoring well construction diagram is presented on Plate 4. See Plate 2 for proposed well locations. Also see attached well installation and development procedures for more detail. 'Well Development & Water Sampling After 24-hours of the seal placement, the wells will be fully developed by surging with a surge block and purging a minimum of 3 well volumes with a submersible pump until the water runs clear and has consistent pH, conductivity and temperature readings. After 24-hours of development the wells will be purged with a submersible pump a minimum of 3 well volumes or until the pH, conductivity and temperature readings are consistent. After the water levels have recovered to 80% of original measurements a SOILS ENGINEERING, INC. Well Install & Sampling Plan File No. 99-8942 SoilRem Facility May 10, 1999 408 Pacheco Rd. Bakers[ield, CA. Page 3 water sample will be collected with a new disposable bailer attached to a dedicated sample line· Water from the disposable bailer will be decanted into the appropriate containers and placed into an iced cooler at 4-degrees centigrade. See attached Groundwater Sampling Protocol for typical sampling procedures. The two (2) on-site groundwater monitoring wells will be monitored quarterly for depth to groundwater and groundwater quality. Water samples collected from the 2 on-site monitoring wells will be analyzed for Total Petroleum Hydrocarbons as gasoline (TPHg) and diesel (TPHd) by EPA method 8015m and for volatile organics and MTBE by EPA Method 8260, for general minerals, and for Title 26 metals. Depth to water in the six (6) neighboring CleanSoils monitoring wells will also be measured during the monitoring events to be used to calculate an accurate groundwater gradient beneath the SoilRem site. The 2 on-site monitoring wells will be professionally surveyed for location and top of casing elevations and tied into the 6 existing CleanSoil facility monitoring wells. If you have any questions concerning th~ntact SEI at (805) 831-5100· Sincerely, ~ ~%~0~~ . · $0 Robert J. Becker, R.G. 5076 { I ! ~ Environmental Division Manager ~ REN..~"O/ nc,o ure: , oca ion ap Plot Plan with Welr~~s Proposed Plate 3, Typical Groundwater Monitoring Well, Deeper Aquifer Plate 4, TyPical Groundwater Monitoring Well - Shallow Aquifer Monitoring Development SOP Well Installation & Groundwater Sampling SOP _ ~.~NrhZUA--P- GI~APHIC S "TENTATIVE" BEING ADIViSION OF LOT 20 OF' ~E KERN COUN~ SALES ~ NO. J. B. HA~N DASD M~CH 16, 1~9, R~D IN ~[ OFRCE OF ~[ K~RN C~N~ ~R~YOR, IN S~C~ 17, T. 50 S.. R. 28 E., M.D.M. IN ~[ Cl~ ~ BAK[R~IE~. C~N~ ~ KERN, STA~ ~ C~F~NiA. 2 PARCELS £AS~MEHTS ~OT PLOT1A~=L[~ Location Map C.L EAST WHITE .LANE' (CO. RD.~. 782) % ' :." i ' ) ' '.1'" .- _~_ j. · :',i'," "' ' ~ I~l P~ e .. ':." ' . .. I ~ . .. . ""1, · .. ' . ,.~. .~. ". . ·. -~':: ~, ~ ~' Clean Sods .. ~,." '. · ,~' ,. .. U,',,~, . = ..: ..... .-~ . ,~ · · .:.¢ ,~ ~, . ' ' ~- P~ ~1 ~ P~ ~, . · ' ..' '~' · . '/¢ ' P~ ~ ' "H ' ~ ~ ,? ~" ~%1 Z ~' . . _/ ~ //VAC~N~ I --~ .... c~.,~-'~" · ~, ~, o. - ~ 1~ T PA H CO RO~ (CO ~ NO 1160 ~l~g)~ c.s, ~m .c ,, ~, ,~,, c~ ,~,~o,. ~ C.L. ~AS C ~ · - · . ' .~.ss,~ ~o '~ ~ ' ' " 27.68 ACRIr~- · BASIS OF' BEARING: SHEET 1 Or I SHEE · /. Former CleanSoils' P~ ~ ~~~~ LOt J I0 ~ O~ ~ RO~ (CO. ~. NO. 1160 Prnnn.~.d Well Location PLOT PLAN PLATE I I I I I I I ! I I I I 160 feet 125' 128' 138' Typical Deeper Monitoring Well Diagram Well Box Locking Cap 2 feet 123 feet Concrete Neat Cement/5% Slurry Blank Casing 2" PVC 3 feet I 2 feet Bentonite Seal Perforated Casing, 2" 020" slots 30 feet R feP, t .................. 8 incl- Plug Estimated '~ Groundwater Depth = 148' bgs. Sand pack, #2/12 or #3 NOT TO SCALE Plate 3 I I I I I I I I I I I I I I I ,I I I I 40 feet Typical Shallow Monitoring Well Diagram Well Box Locking Cap 2 feet 13' feet Concrete Neat Cement/5% Slurry Blank Casing 2" PVC 3 feet Bentonite Seal 2 feet Perforated Casing, 2" 020" slots Estimated Groundwater Depth = 27' bgs. 20 feet Sand pack, #2/12 or #3 feet 8 inc~ Plug NOT TO SCALE Plate 4 I I I I I I I I I I I I I I I I I I SOILS ENGINEERING, INC. MONITORING WELL CONSTRUCTION AND DEVELOPMENT Standard Operating Procedures INTRODUCTION This guideline describes procedures used by Soils Engineering, Inc. personnel for monitoring well construction and development following completion of soil boring and soil sampling procedures. TYPICAL WELL CONSTRUCTION MATERIALS · 2-inch and 4-inch diameter Schedule 40 PVC blank casing · 2-inch and 4-inch diameter Schedule 40 PVC slotted casing, of appropriate slot size · 2-inch and 4-inch diameter Schedule 40 PVC threaded and slip caps ,Well centralizers used for deeper wells. · Hasp-locking monument standpipes. · Ground-level traffic-rated watertight well boxes. · 2" & 4" Locking expansion plugs · Combination or Key locks (//3). · Filter pack sand (generally//2/12, #3 or aquarium gravel depending on soil properties in screen interval). · Type I or II Portland cement, Neat Cement or 2-sack Sand Slurry. · Redi-mix Concrete · Bentonite powder · 0.25-inch Bentonite pellets or chips. I I I I I I I I I I I I I I I I I I I SOILS ENGINEERING, WELL DEVELOPMENT EQUIPMENT · 2-inch, or 4-inch diameter vented surge block. · 2" or 4" Grundfos Submersible pumps connected to decontaminated hose on reels. · $5-gallon DOT-approved drums. · Teflon, stainless steel or PVC bailers. · New Teflon-coated bailer retrieval wh'e INC. TYPICAL WELL INSTALLATION & DEVELOPMENT PROCEDURES 1. Following completion of selected soil boring, install the monitoring well casing through the center of the hollow stem auger, drive casing, or open boring. The monitoring well consists of a PVC slotted well casing of appropriate diameter and a blank casing with a threaded bottom cap and a slip or threaded top cap or watertight expansion plug. The casing string must be held in tension during initial installation. 2. Place clean, well graded sand around the slotted section of the monitoring well to serve as the f'dter pack. The grade of sand is chosen on the basis of aquifer grain-size encountered.. The f'dter pack is emplaced as the auger or temporary casing is removed from the boring. 3. Ensure that filter pack sand for the well extends to a minimum of 2 feet above the top of the screened interval. 4. If required in the well construction permit, notify the appropriate inspector prior to placing the well seal. 5. Place a 2- to 3-foot thick bentonite pellet seal above the sand pack, as the auger and/or casing is removed from the boring. If the seal is placed above the water table, the bentonite pellets must be hydrated with portable water prior to placement of the upper annular seal. 6. Fill the remainder of the annulus between the well casing and the borehole wall with cement/bentonite grout (with approximately 5 percent bentonite), or a high-solids bentonite slurry (11 to 13 pounds per gallon), to a depth of approximately 1 foot below ground surface. If the water level is higher than the seal, use a tremie pipe to place the grout. 7. Install either a threaded cap or a locking watertight expansion plug on the monitoring well. Place a traffic-rated precast concrete or steel well enclosure approximately 1 to 2 inches above grade over the well casing, and secure it into place with concrete. Have a concrete apron I I I I I I I I I I I I I i I I I I SOILS ENGINEERING. INC. constructed around the well housing enclosure to facilitate runoff. 8.For aboveground completion, ensure that the well casing extends approximately 2 feet above ground surface. An 8-inch diameter hasp-locking steel well housing surrounds the well casing. Traffic bollards can be installed around the well housing as necessary. 9. Repeat Stepsl through 8 for all monitoring wells at site. 10. Following the curing of the grout (approximately 24 hours), each monitoring well is developed. Prior to development activities, measure the depth in each well to static water level and total casing depth. 11. Also prior to well development, if applicable, check the water interface of each monitoring well for the presence of floating product (NAPL). Use a clear bailer or color indicator paste for the inspection. 12. If a monitoring well has a water level of less than 25 feet, it may be developed by using a centrifugal surface pump with dedicated 1-inch I.D. clear flex suction hose, placed with the hose intake placed temporarily at all levels of the screened interval. If the well is greater than 25 feet deep, a submersible pump or airlift pump with air filter is used for development. In either case, a surge block of appropriate size can be moved up and down inside the screened section of the well casing to create a surging action that hydraulically stresses the filter pack. A PVC or steel bailer can also be used to remove excess frees or sediment within the casing. 13. During development of each well, ensure that field parameters and observations are recorded. Information to be recorded includes, but limited to, the following items: a. Depth to water b. Development time and volume c. Development (flow) rate d. pH, temperature, specific conductivity, and turbidity e. Other observations, as appropriate (e.g., color, presence of odors, or sheen) 14. Develop each monitoring well until water of relatively low turbidity is removed from the casing. 15. When development of each well is discontinued, record the following field parameters/observations: f. Depth to water I I I I I I I I I I I I I I I I I I I g. Temperature h. pH i. Specific conductance j. Turbidity k. Color SOILS ENGINEERING, INC. INVESTIGATION-DERIVED WASTES Place groundwater produced by well development in appropriately labeled containers for disposition by the client. Soils Engineering, Inc. is available to assist the client with options for disposition of groundwater. I I I I I I I I I I I I I I I I I I SOILS ENGINEERING, INC. GROUNDWATER SAMPLING Standard Operating Procedures INTRODUCTION This guideline describes procedures typically followed by Soils Engineering, Inc. personnel during groundwater sampling of monitoring wells. EQUIPMENT/MATERIALS *Water level depth sounder · 1 ~/2", 2" and 4"-diameter Submersible pumps ,Dedicated PVC hose for each shallow monitoring well ,New disposable bailers with disposable cord · Bottom-emptying bailer · Temperature and specil~c conductivity meter *pH meter .Appropriate glassware and sample containers .Soils Engineering, Inc. Groundwater Sampling forms TYPICAL PROCEDURE All data and information collected during this procedure shall be recorded on Soils Engineering, Inc. Groundwater Sampling forms. 1. Prior to groundwater sampling, make initial measurements of depth to static water level and total casing depth in all wells to be sampled. Calculate the total well volume of water for purge volumes for each well. Check monitoring well for non-aqueous phase liquid (NAPL) with a new disposable bailer, separate phase sounding probe or color indicator paste il' applicable. 2. If NAPL is present, collect a sample of the product for potential laboratory analysis, bail the product from the well and allow the well to recover for approximately 24 hours. After the well has recovered, check for NAPL and collect a second sample of the product, if I I I I I I I I ti ~1 I I I I i I I I I SOILS ENGINEERING, present, for potential laboratory analysis. Wells that contain NAPL should not be purged and sampled. Initiate purging, using one of the following methods; a. A submersible pump placed within the screen section as appropriate based on static water level and well yield. b. Laboratory-cleaned or new disposable bailers. c. A submersible pump with decontaminated suction hose with check valve, placed near the casing bottom. INC. 4. At the beginning of purging, and periodically afterwards, collect a sample of purged groundwater in a clean container and record the following field parameters/observations. a. Purge volume and time b. Temperature c. pH d. Specific conductance e. Depth to water f. Turbidity o Color h. Other observations as appropriate (draw down in well during purge, presence of oil, odors) 5. For well providing sufficient yield, continue purging until field parameters stabilize or at least three casing volumes are removed. Wells providing insufficient yield are purged dry once, allowed to recover to 80 percent of original water levels, and purged dry again. Wells with extremely low yields are purged dry only once. 6. Following purging, allow wells to recover to approximately 80 percent of original water lex;els and then collect samples. 7. Samples will typically be collected by lowering a new disposable bailer approximately 1 to 1 V2 feet into the water column and retrieving the bailer. Water is decanted into appropriate sample containers from the disposable bailer by utilizing a small disposable tube inserted into the bottom of the bailer. If the collected water is very turbid, or a bottom-emptying bailer is not used, 1 I I I I I I I I I I I I I I I I I I SOILS ENGINEERING, INC. carefully decant the water from the bailer into the appropriate sample containers. An attempt should be made to avoid agitation of the sample. When sampling for volatile organic compounds (VOCs), turn the bottle upside down to identify possible headspace. If bubbles occur, refill sample container. 8. When multiple analyses will be performed, samples should be collected in order of decreasing sensitivity to volatilization (i.e., VOC samples fa:st and metals last). 9. Collect groundwater samples using precleaned Teflon or stainless steel bailers, disposable bailer or precleaned Kemmerer (depth-specific) samplers. As required by anticipated analyses, label and fill containers according to the following guidelines. ddd. Total petroleum hydrocarbons (TPHs): 1L amber glass bottle. eee. Benzene, toluene, xylene, and ethylbenzene (BTEX) compounds: two to three 40ml clear glass volatile organic analysis (VOA) vials with Teflon septa. Preserve the samples with the appropriate preservative, where applicable. iff. VOCs: two to three 40ml clear glass VOA vials with Teflon septa. oo,, Metals and polychiorinated biphenyis (PCBs): 1 L amber glass or plastic bottles. Samples will not be field-f'tltered if the samples can be faltered in the laboratory within 12 hours of collection. Otherwise, field filtering should be performed. Preserve the samples with the appropriate preservative, where applicable. 10. Ensure that each sample label documents the sample number, type, data and time of collection, collector(s), location, and any additional information. 1 I. Complete chain-of-custody records and include them with the samples, which are to be transported to the laboratory in insulated containers at 4°C. 12. Each day, calibrate pH meters with buffer solutions and calibrate specific conductance meters using standard solutions. QUALITY CONTROL/QUALITY ASSURANCE 1. Collect duplicate samples immediately after the original samples are collected.. Approximately one duplicate sample is obtained for each ten original samples. Purging is not performed between original sample collection and collection of duplicate samples. Original and duplicate samples are collected sequentially, without appreciable delay I I ! I I I i I I I I I I i I I I I I SOILS ENGINEERING, INC. between collection cycles. Duplicate samples will be submitted to laboratory blind (i.e., not identifying the samples as a duplicate). Prepare rinsate field blanks by pouring deionized water over, around, and through the various sampling implements contacting a natural sample, including the bailer rope and filter. Rinsate field blank will be submitted to the laboratory blind (i.e., not identifying the sample as a blank). The purpose of a transfer blank is to monitor for entrainment of contaminants into the sample form existing atmospheric conditions at the sampling location during the sample collection process. Transfer blanks will be routinely prepared when there is no rinsate blank collected. A transfer blank is prepared by falling sample containers with distilled or deionized water at a given sampling location. Transfer blank are analyzed for the same parameters as the environmental samples. At least one type of field blank sample (risate or transfer) will be required per day of water sampling. All field blanks be collected, preserved, labeled, and treated like any other sample. They shall be sent blind to the laboratory. In the field notebook, the samples will be noted as blanks (rinsate, transfer, trip). Volatile organic samples are susceptible to contamination by diffusion of organic contaminants through the Teflon-faced silicon ruber septum of the sample vial. Therefore, trip blanks will be analyzed to monitor for possible sampling contamination during shipment. Trip blanks will be prepared by filling VOA vials form organic-free water and shipping the blanks with field containers. Trip blanks accompany the sample bottles through collection and shipment to the laboratory and are stored with samples. Winston H. Hickox Secretary for Environmental Protection 22 November 2002 California Regional Water Quality Control Board Central Valley Region Robert Schneider, Chair Fresno Branch Office Intemet Address: http://www.swrcb.ca.gov/rwqcb5 1685 E Street, Fresno, Califomia 93706-2020 Phone (559) 445-5116 · FAX (559) 445-5910 Gray Davis Governor Mr. Wayne Massey South Enterprise Zone 828 E. Goshen Avenue Fresno, CA 93720 FORMER SOILREM INC. FACILITY, KERN COUNTY Vertex Engineering Service, Inc. (Vertex) submitted a Site Restoration Completion Report and Closure Request dated 7 October 2002 for the former SoilRem, Inc. (SoilRem) facility in Kern County. A Vertex work plan outlining the proposed work to close the facility was approved 17 May 2002. The Regional Water Quality Control Board's regulatory requirements for the former SoilRem facility were included in the "Water Quality Control Plan" section of the SoilRem Corporation Facility Compliance Plan (FCP). Special Order NO. 99-059 ordered that SoilRem Corporation, Inc (operator) and the owner of the property shall comply with the "Water Quality Control Plan" section of the FCP. Site closure activities ,were conducted in July 2002..The report concludes that the site restoration activities were completed consiStent with the approved workplan and closure requirements specified in the FCP. Staff concurs with the conclusion. No further action is warranted. Staff will proceed with rescinding Special Order 99-059. It is anticipated that the rescission will be placed on the agenda for consideration by the Regional Water Quality Control Board at the January 30- 31 meeting. If you.have any questions, please contact Terry Fox at (559) 445-6191. SHELTON R. GRAY Senior Engineering Geologist We have relocated our office to 1685 E Street, Fresno, California 93706-2020 as shown on the letterhead. Please make any necessary changes and send all future correspondendes to the new address. TERRENCE A. FOX Registered Geologist RG No. 5029, cc; Mr. William O'Rullian: Kern. County Environmental Health Mr. Ralph Huey, City of Bakersfield, Bakersfield Mr. Robert Fitzburgh, Vertex Engineering Services, Inc., 6040 Commerce Blvd., Suite 110, Rohnert.Park, California 94928 California Environmental Protection Agency The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at http://www.swrcb.ca.gov/rwqcb5 Unit Capitol Insurance Company 400 Perimeter Center Terrace Suite 345 Atlanta, Georgia 30346 COMMERCIAL GENERAL LIABILITY DECLARATIONS This policy may contain claims-made sections - Please read the entire form carefully Policy Number: GLA 100 3916 Renewal of: New INSURED'S NAME & ADDRESS SoilRem Corporation P.O. Box 40764 So. Station Bakersville, CA 93304 POLICY PERIOD: From: August 3, 1999 PRODUCER' S NAME & ADDRESS Swett & Cravvford 515 South Figueroa Street Suite 600 Los Angeles, CA 90071 To: August 3, 2000 At 12:01 am Standard Time at your mailing address shown above IN RETURN FOR THE PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. IMITS OF INSURANCE I GENERAL AGGREGATE LIMIT (Other than Products-Completed Operations): PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT: PERSONAL & ADVERTISING INJURY LIMIT: EACH OCCURRENCE LIMIT: FIRE DAMAGE LIMIT: MEDICAL EXPENSE LIMIT: CONTRACTORS POLLUTION LIABILITY EACH POLLUTION CONDITION LIMIT: PROFESSIONAL LIABILITY EACH CLAIM LIMIT: SITE SPECIFIC THIRD PARTY POLLUTION LIABILITY EACH CLAIM LIMIT: ADVANCE PREMIUM: MINIMUM EARNED PREMIUM: Deductible - Contractors Pollution Liability SNot Applicable Deductible - Professional Liability $2,500 Deductible - Site Specific Third Party Pollution $2,500 Retroactive Date: August 3, 1999 Applicable to Professional Liability Business Description: Waste Contractor $2,000,000 $2,000,000 $1,000,000 $1,000,000 $ 5O,OOO $ 5,OOO SNot Applicable $1,000,000 $1,000,000 $22,340 $See UC244n(9/97) Each Claim Each Claim Each Claim ENDORSEMENTS ATTACHED TO THIS POLICY: Broad Form Nuclear Exclusion (U.C.029),CG0001(1/96),CG0300(1/96), CG2010(10/93),CG2147(10/93),CG2233(11/85)UCO48C(6197),UC244n(9197),UC2036(2198),UC4006R(3198), UC4008R(3/98),UCIC-PLIP69 Countersignature (if DEC 40-01 (05/98) DO NOT ASSIGN ADJUSTER OR A'FrORNEY IN CASE OF LOSS, REFER NOTICE IMMEDIATELY TO Ct. AIMS V.P. uNrI'ED CAPrFOL INSURANCE 400 Perimeter Center Terrace Suite 345 Atlanta. GA 30348 (770) 677-O3,3O IN CASE OF EMERGENCY ON WEEKENO OR HOLIDAYS YRG 9/1/99 Representative COMMON POLICY CONDITIOI~ All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION D. .. The first Named Insured shown in the Declarations may cancel this policy by making or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured wdtten notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's tast mailing address known to us. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do'not warrant that conditions: o Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 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. 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, sur~eys, reports or recommendations. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. CHANGES This policy contains all Ihe agreements be~een you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 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. Bo ,F. PREMIUMS The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rigt~ts and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ;IAL GENERAL LIABILITY CG 00 01 01 96 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 Declara- tions, and any other person or organization qualify- lng 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 per'son or organiza- tion qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer t6 DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property dam- age" to which this insurance applies. We will have the right and duty to defend the insure~d against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any. "occur- rence" and settle any claim or "suit" that may result. But: {1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of in- surance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to 'bodily injury" and "property damage' only if: (1) The "bodily injury' or 'property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organ- ization for care, loss of services or death re- suiting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury' or 'property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of rea- sonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay dam- ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)' That the insured would have in the ab- sence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury' or "property damage" oc- curs subsequent to the execution of the contract or agreement. Solely for the pur- poses of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page I of 13 (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam- ages to which this insur~ance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by rea- son o[: (1) Causing or contributing to the .intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sell- ing, serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (al Employment by the insured; or (b) Performing duties related to the con- duct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (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 as- sumed by the insured under an "insured contracF'. f. Pollution (1) "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or lo- cation 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 lo- cation which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for ~any insured or any person or or- ganization for whom you may be le- gaily responsible; or (d) At or from any premises, site or Io- cation on which any insured or any contractors or subcontractors working directly or indirectly on any in.sured's behalf are performing operations: (il If the pollutants are brought on or to the premises, site or location in connection wilh such operations by such insured1 contractor or subcon- tractor; or (ii) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraph (d)(i) does not apply to "bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic 'or me- chanical functions necessary for the operation of 'mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the fuels, lubricants or other operating fluids are intentionally discharged, dis- persed or released, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent to be dis- charged, dispersed or released as part of the operations being performed by such insured, contractor or subcon- tractor. Page 2 of 13 Copyright, Insurance Services Office, Inc., 1994 CG O0 01 01 96 [] ,g. 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, monitot~,' clean up, remove, contain, treat, detoxify or neutralize, or in any way r~spond to, Or assess the effects of pollutants; or (b) Claim or suit by'or,on behalfOfia gov- ernmental authority for damages be- cause of testing ,for,?-.. monitoring, cleaning up, removing, -containing, treating, detoxifl/,ing or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means, any sol.id, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes; .acids, alkalis, chemicals and waste. Waste includes materi- als to be recycled, reconditioned or re- claimed. Aircraft, Auto or Watercraft. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading". This exclusion does not apply to: (1) A waterci'aft 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 contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily.injury" or "property damage" aris- lng out of the,o@eration of any of the equipment listed 'in 'paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment ;'Bodil'/iniury"-o~ ~'l~r~Perty d~'mage" arising out of: (1) The transportatiOn'of "~nobile' equipment" by'-an "auto".'ov~ned or operated by or · rented or loaned to any insured; or (2)"Th~ ~se of "r~l~i'l,~equipm'e~t" in, or while in .practice for';..or while being prepared for, any prearranged racing, speed, dem- olition~ or stunting .activity. i. War '" "Bodily injury" or ;property 'damage"' due to war, whether or not ~eclared, or'any act or condition'-incident t6-war. War includes civil .war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j: Damage to Property "property damage" to: (1) Property you own, rent, or occupy; (2) Premises :you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody ,or control of the insured; (5) That particular part of real property on which. you or any.contractors or subcon- tractors'working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly per- formed 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. CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 3 of 13 [] Paragraphs (3), (4), (5) and (6) of this exclu- sion dc 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. Damage to Your Product "Prcperty damage" to "your product" arising out of it or any part of it. i. Damage to Your Work '~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 subcontractor. m. Damage to Impaired Property or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or "your work"; or ('2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your prod- uct" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired ProPerty Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss o[ use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or dis- posal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is with- drawn 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 while rented to you or tem- porarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section III). COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the .insured be- comes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. We will have the right and duty to defend the in- sured against any "suit" seeking those dam- ages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal injury" or "advertising injury" to which this insurance does not ap- ply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of in- surance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to: (1) "Personal injury" caused by an offense arising out of your business, excluding advertising, 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 or oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; Page 4 of 13 Copyright, Insurance Services Office, Inc., 1994 CG O0 01 01:96 [] (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; (4) For which the insured h~s asS'umed liabil- ity in a contract or agreemer~t. This' exclu- sion' does not apply to 'liability for damages that the insured.would have in · ~ the absence of the contract or agreement; or ~ ($) Arising out of the actual, 'alleged 'or threatened discharge, dispersal, seepage, -migration, release or escape of pollutants at any time. b, "Advertising injury"arising out of: (1) Breach 'of contract, other than misappro- priation of advertising ideas under an ira- .plied contract; (2) The failure of goods, Products 10r services to conform with advertised quality or per- formance; (3) The wrong description of the price of goodS, products or services; or (4) An offense committed by an insured ... whose business is advertising, broadcast- ing, publishing or telecasting. c. Any loss, cost or expense arising out of any: (1) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neu- tralize, or in any Way respond to, or as- sess the effects of pollutants: or. (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cle. aning .up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. COVERAGE C, MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an acci- dent: (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 "submit§' to-examina- tion, at Our'expense; by Physicians of'our .. choice' as often' as we reasonably require. b. We wili:make these payments regardleSs of fault. Tl~ese':payments will fist exceed'the applicable limit of insurance. We Will'tpay reasonable expenses for:': · (1) First:'~i.d :administered at th'e' time of an "'accident; (2) Necbssa~~ me'~lical, surgical, x-ray, and dental services, including prosthetic de- vices:, and .... (3) Necessary ambul:ance, hospital, profes- sional 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 oc- cupies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily in- jury" are payable or must be provided under - '<~.workers compensation or disability benefits I,~w or a similar law. e. To a persc~n injured whiie taking part in ath- letics. f. Included within the "products-completed.op- erations 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. CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 5 of 13 SUPPLEMENTARY PAYMENTS :"COVE~RAGES A We will pay, ~/ith' r~s:p'e'ct tO 'ady Cl~iii-~s~e'*investi- ga. te or settle, or any 'sui¢ against *an':insured we 3~. 'Up. to $250t.~n~ost ~of: bail :bonds ~required be- 5¢~ cause,.of accidents.~.or:~rafficflaw violations aris- lng out of the use of any.,:vehic{e)[to:which the ,~..Bodily Inju~..Liability_.Cove[ag~pplies.-We do ~ ,. n~t haye tpvfurnish these bo~'Y' ...: 3=', The-cOst~ of zbonds,~ to~.release~chments, but .~-:~,~, All reasonable expensemincu~redI~ydhe~.i'nsured '~(~"~"-', a~ our request to ass st. u~n~_the in~esti etlon ;,;F~,:~.~ ' or 0efense of the claim or 'soit,~.mcludmg 'actual ~... loss of earnings up to $250 a d~y*~'~'~'~se of time .>.;'~]~='. ~, All costs taxed against the insured jrt the "suit". ';~'; ~..-prgjudgment~. inter~st,,awarqe~ ~ga[nst. =the in- '~%. surance, we will not pay any preju~g~ent'ihte~- .~? est based on .that. pe~iod~of..time~ffeF the offer, ~:- ?, Ali' interest on the full amount.o[~any judgment ~[.~"~' '" ,~. that accrues after ent~ o[the,judgment and be- ~'c.', . fore we h~e paid offered infamy'or deposited · '"<~: ' in.~6bd the pad ofth~=j~dgment that is within the e~- W~II 'not reduce .the limits of insur- ante. I~we .d~fend,,an.msured against ~a.."Su~t" and an [nde'mnitee of t~e insuredjs al~0:named'as a pa'My -t~ the..~Uit'', ~e will 8efend~that indemnitee~f all of th'e'foliowing ~onditio~s are met:'. m~,~:-' .~, .The ."suit'.' _against the .indemnitee .seeks ~am- ~:.,¢[ ages for which the'insured ha~ assumed the Ii- ?,~.. ability of the indemnitee in a Contract or ¢.,~ "- agreement-that iS'an "insure~;con~cff;". E~-: ~. This insurance applies to s~c~'~lia~ility:a'~sumed .~'.,: by the insured; ....,...'.v:.:.-:. ~: C;:'The o~ligation io defend, .or'the.` cost of ibeX:de- " ;~ lense 'of, that indemnit~e~Sr-also been as- ~ '. sume'd by the' in'~u~ed 'in-"the' ~ame' 'insured .-.. contract"; d, The allegations in the "suit" and the information :' we know about the "occurrence" are such that ':?- - no conflict appears to exist between the interests ~'~-" o¢ the insured and the interests of the ex 'the mdemnilee and:the '" -duct"and con '.~"agalnst the.same c6~_'ffs~ir{6' sl. 'ii~demnitee; · :. ,(2) (a), kindem s~) fees indemnitee~, by,us,and 'n e~iCa~.'--~lit i ..._~, the i n d e m n itee;~at~,.~req ~..-'. :.~ pl~,enta~. ~ pay~en~w~c Notwit~n~g~:,~be~:[pr~ ~-' Visions of' pa~a~ra~'~.b;(2)~~GE*;A,-': BODi~ iN j URY.:~b~R~A~E[~Bi L~_.'.~L~ , ~b ~ .:~_. w,,, ,or .., tSe~,on be~ deemed to'be'dam~ges"for~ .~Ry"mju~ 'and prope~y damag~ 'an~ .w~ll;n~., red~;ce~he hm~ts of insurance. ' .'~ ;-,.;;. -.'--'', -.. :.-* · , .. . - r .oD,ga~mn' to'-oetenD, an 'r~ns~red s-" indemnitee --*_ a'nd"lo pa~ :for': ~n~s~ 6e~"~%'a~h%%~ssa~,.iiti: gm,on' expenses as.=Oppmmenta~ ..~ay~ents. ends anc~ in the payment of. judgments.or se~le-- - b., %he,~onditions ~se&- foCh,,a boVe,¢~cs~e"{R~s or ~;E,d.w~. ':: - '.:.~]X9 ~ ' ' * . '" . ~ .... ':'- :Jr~'Z.b ¢' ..... ' '~'" SECTION II - WHO IS AN INSURED ~ .,.. ~.. .' -'_ .~' 'L " 1. if..you are designated~in ~the Declarations as: a~ An individual,::~ou and'-yobr spoUse are-in- Sureds. ·but Ohly wire respect id.the Conduct ': Of' a 'business of which you~'-ai-e:' the "::sole owner. ~":' : "':' ' .... ' b.-' A 'paftd~r~hip'or'~joir~t ve'hture::"yeb ai'e'"~n:-in- s~iredi: Ydur 'members, ':yodr part'~e'r§:, 'and lhei¢ sp~usbs.a¢'e'~'ls6 ir~¢~Jr'b'd~';:"but;'Off!'~*~vith respect to the. co~idu'ct bf yobr'du~in~'§:S? C. A ' li'mite~l' .lial~ili~): cOm"p'a'ny, · ~,bU'.:'a?8'""'an ::' . ' s u r e'd. i.Yo'u'¢ ::rd~.'m b e rs' ~"¢~ ~ Is6 i "' ~':0hly ~vith,(espect to the 'Cdnddc(.c~f"~,6~r':etJsi- -';-,: :nes.~s=. .Your,';m~%aigers'~,~.r~:.in%'~j:.r.e~s'..,"b~t:~hly '; .".: :with',respe~ct'tbthe~r dut~es'as'your~ana,.g~rs: d JAn 0rg'~ih'zat on' other¢ than a .partnersmp ' jU nt ~ent'ure or. limited..I.i~ab~ility com, p, any,.~you., · are.an n.suJ:ed. Your ".execuhve.olficer. s, and "direc(o~s 'ar~' i'r~sur~l~, 6~J~"°ni~; ;~'ith"?.e~pect.: to their duties as your officers or dii"~t~'~ Your stockhdlders-are also'msureds. *Cb1 only with respect to their i;~b'i 'it~;' as s'ic:~'E~I~'~'~: ' 2. Each of the folloWing is also an insur'~'d: a;' Yodr "employees", 'ot~i""than either'""your "executive'-~officers'-' (if'!you:~ ~re' an'~0rgan'iza- tion other'than a partr~ers;hi~,"joint've'hture or limited, liability 'corn pany):.or.¥ your ,managers (if you are a limited liability, company),,..but only for acts within the ,SCOpe of the.ir em- 'ployment b~/ yo'u or while'_pedorming idu!ies related to,the c0nduCt".bf..your.~'business. However..non~' of th~§~ "~e'mi:)10ye~s;"is an insured' for! (1) "Bodily injury:-'; or:""per~s(~a,! injbry":'- (a) To you, to your..,partners on,members (if you are a P,~.~n'e'~ship or' joifit' yen- tu~e), tO your ~'e'm:bers (if'~ou.are a limited .liabil'ity. company), or to,a co- · ' "employee"~,while' ~that,co-"employee" is either in the course of his or her .... .employm.e.nt -.or performing duties·.re- lated to the:conduct of your ~u.sipess; (b) To the sp.ou.~se, child,-Fpafe, n!~ .brother or sister:.o[ ,.that co-"emp, lp~y..ee" as a consequence of paragraph ~,..(1Xa) above: (c) 'For ~,'hicl~:'there 'is anY';di~li.~j',~tion to share d~rnages with Or repa:y'so_meone else who must pay damages because of the injury described in paragraphs (1Xa) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: '(a) Owned,. occupied or used.by,' ."(b) R'en{ed 'tbi i~r{'-~'t~e 'c~a~(~,' custody' Or con- --- .trol of,,-or over:which' physicat.,control ,- is being ,exercised.for:any.purpose 'by " '~ .ye~J. ~a'ny Of ~du~r '"';~plO~;'e~'s"~ ahy 'l~:artner or member '(~if'':-'you'':are' ..... ,~ :partr~'e¥'ship or ~.. - . .joint-~venture)~; ortany::mem, ber,.:(if.:you.are' ~ :-;-.¢..-a limited, fiability~company.)..?:.,..i:,. ~ b. Anylperson '(other'than'your employee ), or .'ari'~,' :crg';~:ni~tion', Wh'ile;'~ac'~i:fl'g ';~'s.;-y°ur'' f~a"l' estate m~a'n a g e r ....~:....~ '~ ~~ c. Any,.per, son v.or, ,;organization .ha~ing proper -.~:;:. r temporary custody.of:your property:-if you die. but only: :.' (1) With respect to liability arising out,:o[:the maintenance or.use .of that property: and (2).Until your .legal :r:,e, pr:es, en.t. at!ve..h.:as b.?e, : "a~p°inted'" ' " d. Your Jegal representative if you~die. 4)ut only :' w~th respect to duhes as' such....That., re.pre- sentative will have all yo'br rights and duties undei'.th'is'C0v(~f;ag-e Part':' ':' ' L,':; :~, 3.-' With i~espect io ':mebil~ ~qu'ipment'"'i'e¢iste'red in ,' your name U'n'der. any.r~otor-vehiCle- registration · 'law. any peFgisn'is an in'sured While dri'~,ing such equipment along a"pubtict,highway with your permission. Any,.,other.person or. organization responsible, for the c0nduc.t, of such _person is 'also'ah i. nsured, bu.t on!Y with 'resPeCt to liability arisi'n'~'" Out °l:"the'op~'i'ati0n'"of the equipment, and only if' no other insurance of any ·kind is availaSle 'to that. person' or'o.r, ganiza.t, i0n 'foe-this liability. However,' no person or"organization is :an 'insured with 'respect.to: ":a. ;'B0'dily inju.ry.".t'0'a cO~"em~l~yee'; of {he ~er- s0'n. drivi?g:,t~i~' equipme, ni.;~r . ' ~- ' ' b..~Property, damage": tO :property ,_,owned..by. rented to~ in the charge of.or occupied by.you. or 'the employer of .any pers~n"wh'o.'i~'anLin; si~'e'd under this prowsion. 4. Any organization ~'ou n.ewly acquire, or. form. other than a partnership, joint venture. or: limited liability" corn"pan-);, anti, oVer:which yoU:maintain own.ership;,0, r m, ajor, ity.in, lff(est. :will_. qual, i.fY,as a Na.m..e¢ I:n..sured',if:the.r.e :i.s n.0 othe. r .s_imilar insur- ance 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; CG 00 01 01 96 copyright, Insurance Services office, Inc., 1994 Page 7 of 13 [] b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before .you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury'~ or %dvertising injury" arising out of an . offense .committed before you acquired or .formed..t. he organization .... ,,. No person or organization'is an insured with respect to the conduct ofr'.any current or past' partnership, joint venture or li.m.,!ted ,!.lability company, that is not 'shown as a Named Insured in the Declarations ' SECTION III - LIMITS OF INSURANCE .: 1. The Limits of-Insurance shown in the Declara- tions and the rules, below fix the most'we will pay regardless of the number of: ' "- ~ a.,Insureds; .... . .... ' ~.' b. Cl~'im's made or "suits" brought; Or c. Persons or'"org~nizations making claims or bringing "suits". 2. The General Aggregate Limit i~, the 'most we Will ' pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except dam- ages. because of ~'bodily injury" or "property damage" included .in the "products-completed operations hazar~d"; and . c. Damages under Coverage B. 3. The Products-completed Operations Aggregate Limit is the most we will pay under Coverage A for damages be'cause of "bodily injury" and "property. damage" included in the "products- completed operations hazard". ' 41 Subject to 2. above, the Personal and Advertising Injury Limit is .the most we will pay under Cov- erage '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 a'?y one "occurrence". 6. Subject to 5. above, the Fire Damage Limit is tl~e most we will Pay'under'Coverage A for damages because of "~property damage" to premises, while rented .to you or temporarily occupied by you wi~h. permission of the owner, arising out of any one fire. 7. Subj.ect, to 5..above, :he,Medical Expense Limit .is the~most~ we.will pay under Coverage C for all : medical .exp.en~es because-of ;'.bodily ,injury" sustai.ned.by any one person. . u · The Limits of I~surance.of this .Coverage ;Part apply separ,~telY to each consecutive annual peal.od and to any..remain!qg p.e.r'i0d of less.than ..12,~m. onths starting :,with_ .th.ff..beg nn ng ,of'tihe polic~y. ,period sho.w.n- ip the. Dec. laratio.ns, qn!ess:the policy .period is extended after issuance for an additional pe,r. iod of:le~s t~'an:12 m0n'thsl in'that :c~se, "the aaditional period"Wij[~be deemed- P~art of the' last preceding pe~iod~:f0?_~u~rpos.es 0~'deiermiri'in~"th'e.L!m!ts of In- surance. ' ..... SECTION I~'- COMMERCIAL GENERAL. LIABILIT~ .CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured.or of.the insured's estate will. not relieve us of our obli- gations und, er this Coverage. Part. ,, .- 2. Duties In The Event"Of .Occurrence, Offense, .Claim Or Suit a. ~You r~uSt"see to it'ihat we are notified as soon as practicable of an "occurrence" or an offense' which may result in a claim. To the extent possible',' notice should inclu'de: (1) How, when and where the "occurrence" or offense 'took place; '(2) The names .a.n'd 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 .spe'cifics of the 'claim or "suit" and the date received; and Notify us as soon as :p:ract, icable.' You must see to it that we receive written notice of the claim or "suit"' as soon as prac- ticable. Page 8 of 13 Copyright, InsuranceServ~ice~ Office',' Inc., 1994 ' CG O0 01 01'96 .... [] c. You and any other involved insured must: / 1) Immediately send us cop es of any de- mands,.nohces, summonses bt'legal pa- 'pe~'S received in ~onh~d~ on~ 'W th .'th(~ 'c'ia m ~" ':' or "suit";":. - .... '"" "" ::' ~' '" (2) Authorize us to obtain records~and",other information; (3) Cooperate with us :ira ~he :investigation or settlement of the~claim~ or defense against the "suit"; and ~ s'st ' us upo~ .our' requcst' in the . enforcement of any right against a~y per- ~,." ~ "~"~dh or organiz~ti0n'whibh ~:~.be I.iable r~:' --' ,¢,,to'the. idsUred ~bdcad{e'~f ~:hj~,or dam- ' .' ::' "~e tb~hi~h~h'iS ifls6~En~e:m~'y-~lso ap- ply. :~?,.~':~ '~ d.' 'No"insufed-Will~:ekb~pt. atr'~h:~f in~uF~'s ~6wn cost,: 9bi UnTa ri ly :'m;a k~ ~ ? ~*~y ~ ~-~,c ,a.s s u me asy :obligatioq, .or iocuDany:,,eKpe~se, other than for first aid, without ~u( consent.. 3. Legal Action,AgainstUs-..., ;{. ~ No. persoB e(,orgCnization.has ¢:.right und.e['thjs' · . 'a..TO join Us '~.a-~adyro'r. Othe~i~8 .~ring us :' "into. a:"sbit' aCk~ng'for damages:'fr0m an in- sured; or. ~ ~ .,: :. .:,. :~,~'. -, , - ::.:,.T; ;' b. To sue'us on this Coverage'Pad :unless all of its terms have been fully bo~plied with~ A person or orgadization may'sue us;'to re~ver on an agreed-:settlement or on a/final judgment against-an ,insured obtained:a~er:an actual trial; but we will not be liable for damagesJhat'are not payable under the terms of this ~overage Pad or that arej.n, excess o(~he app ca~e. mt of insurande; ,"~n a'gree~ "S~ltem~nt; ~eans a 'z ~7 :" ;'-.. '.. settle~eht and~ release of. lab I ty s,gned by us, the insdred add the'ciai~anl"'or the claimant's legal representative.-' c,. :.'. · .... , .- 4. Other. InsuranCe . If. other valid 'and.cbllectible insurance is avail- able 'to the:insured ,for a' loss w~ cover under Coverages A or B of this Coverage:Pad, our ob- ligations are limited as follows: a. Primary Insurance This insurance is prima~ except when b, be- low applies. If this insurance is primal, our obligati'ons are nol affected unless any of the other insurance is also primal. Then, we will share with all that olher insurance by the method described in c. below. b, Excess Insurance .. ...:..,,,. This insurance,. ..is .excess- over.any of the,, other ~.insurance, whether 'primaw, excess, contin- 'gent 'Si;'on any'oth~- basis: :..., .- .... (tl)..,That is~Eire, Extended Coverag,e: Bu Ider's · .~ ~ :'.~ ' R is,k ~St'~'li~ti0n R Sk 0~'s m ~' C0ve~age fo[ ' Your. work~' .~,c:~.-(2): ~hat'~ is-:~ire :insu[auce} for 'premises rented · -o'~ r~:., ~,h'to you:or~.tempomrily.'occupied'byCyou with .:~:':. ~--permission ~of;the: owne~; ~"' ':':'(3) ~::lf .... ~ ........ " the*'oss'anCes out-'~-the maintenance -~:-lq Ex-.. :'~;or , -~ .¢ ~:.,.:, .... , - - - use ~of'mrcra~, ~ a~tds~ '6~ ~'a'{~rafl to ~'' ~';: "th~ .e~nt"'not' subje~t'to-ExClusion g. of Coverage. A (Section')J)': .... When this insurance s'exces~7 we"wdl '~'ave ~ .... no duty under CcVerages' A"or B to defend the .... ~nsured against any sufl ,i?~ny'other-lnsurer has a duty to de'fiB' the~ns~rea ~'g'a~nst that "suit". If no other insure[~efendsp'~eqwill undedake.to do so,. but we:will be entitled to the ins~ga's"?~bhis"&'~i~St "~1i' thS~'e '0~her When this insurance ~s excess over other in- .... .:~:` ~a'n'~',' ~Will"pay" 5nly :"0'u? ~af~' of' the amount of{h'8 io~s~.'if,~n~ t~at:e~ceeds the' (1) .The total amount"that' ~11' {0ch:-5ther in- surance would pa~.4or¢:th~ loss ,in .the. ab- ~nsence of this insurance' and ,;.,:: ; ; . ,.:- ~(2) :~:he,total oftall:deductible and self-insured .... ,,: ~., famounts-under, all that.;other insurance. We will share the remaining:'lSss,-if;hn~, with .... a:oy~other~0surauc~that, isa, not described in this Excess Insurance provisiom,and was not bought sp.eci~,cal y.to apply in excess of the · i. :; Lc:;'. ," :. '". ~[ L~m~ts'of Insucance shown n t~e De?arahons of thru Coverage PaA. c. MethOd of Sharing . . .If. al! of the.gthffr insurance .permits contrib- " .... uti°b'' b~* ~qUal"sh'ares ~:~8 will (ollow ,this ~" ~ethod ,. a' so :;U.qde.r,'. this aP~roach.:;'~ach ~ns~[er..contnb.utes equal, amount¢ until it .has /of tC'e'10s~ ;~em~i'nA '~W~:i~hev~¢ csmeA~-fir~t If any of the other insurance does not-permit contribution'by equal shares, we will contrib- ute by limits. Under this method, each insur- er's share is based on the ratio of its applicable limit of insurance to the total ap- plicable limits of insurance of all insurers. C? 00 01 01. .96. ~. Copyright, Insurance...... . Services.. .._,.Office,. In~.,. . 1994 Page 9 of 13 ~ [] 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage P§rt as ad- vance premium is a deposit premium only. At the close of each 'audit peri~)d we will compute the earned 'premium for that', period. Audit ,premiums are due and payable on no- tice to the first Named.insured: If the sum of the advance and audit premiums paid for the policy period is greater than the earned pre- mium, we will return the excess~.to the first Named Insured. c. The first Named Insured must ke, ep records of the informa'tion we need for premium · computation, and send us copies at such times as ~ve may request· 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon represen- tations you made to us; and c. We have issued this policy in reliance upon your representations. ,- 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named. Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring'"suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will 'mail or deliver to the first Named Insured sh(~wn in the Declarations written notice of the nonrenewal not less than 30 days before the ex- piration date. If notice is mailed, proof of mailing will be suffi- '* cient 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, pub!ication of material that ..: slanders or libels a person or organization ~ * or disparages a person's or organization's goods, products or services; , b. Or;al or written publication of material that vi- ,,... ,.olates a person~.s right of.privacy; · c. Misappropriation* Of advertising ideas or style of doing business~ or d. Infringement of copyright, title.or slogan. 2. "Auto" means ~a :land motor vehicle, trailer or semitrailer designed for travel on public roads, including any 'attached machinery or equipment. .... But "auto" does not include "mobile .equipment". 3. "Bodily injury" means bodily injury,-sickness or disease sustained by a person, including death resulting'from any of these at any time. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. Inte,rnat, ional waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above'; or 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 Page 10 of 13 Copyright, Insurance Services Office, Inc., 1994 CG O0 01 01 96 [] t (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 businbss; and " (2) The insured,s responsibili!y to .pay. dam: a~les, is' 'determined 'i'n a "suit" on' the me,it§, .-'iln' 'th:e.' 'territory .des~!db~B.::!'~ a. above or'i'n 'a'settlem~nt we a~lree to. 5.:"Employ~'~': 'includes a'. "leased .wor, ker-.'",. "~Em- · ployee" d'd~'s not include a -temp".ora _w .w'or,.ke.r". 6. "Executive officer", rr~eans a person holding:any of the officer positions created by your charter, constitution, by-laws~` or 'an~?: other.-sirfiilar ~ov- . erning,document.. :,:,,::,... :,-;~..,,..-,,. ~<.,-.' .- 7. "Imp:aired 'Proi~rty".:' means tangib'le-p~operty, 'othe:~; ihaii'"'~bui; :pr0duc¢'::br: "~d(~r'.'W~drk", that "~:annot be'usdd-o~':is le§s us~fui 'b'eca'tJ'~,e:' a. It incorporates "your product" or "you. r work" -' 'that i§ knowh Or thought' to be defective,.deti- - ' 'cieht~ inadequate or dar~gerous; o'~: b.'You have failed _to fulfill the terms .of a con- tract or ag.r. eement; if such property, can be restored to use, by: a. The repair, replacement, adj.ustment or re- moval of "your. product" or "your work".; or b. Your fulfilling the terms of tl~.~ Contract or '. 'agreement. 8. "Insured contract" means:. a. A contract for.;a lease of premises. However, that portion of the contract ,for .a lease of premises that indemnifies any person or or- ganization for' damage bY fire to premises while rented to you or.tempq'raril'y occupied by you with permission of the .owner is not an "insured contract"; b. A sidetrack agreement; .c. Any easement or license agreement, except .in connection with con'~tr~ction or demolition operations on or'within 50 feet of a railroad; An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work fora.municipality; An ,elevator maintenance 'agreement; f. That.part of any oth.e_r contract or agreement pertaining to your business ,(in_c.l.uding an indemnification of a municipality in con- ..... ne(~tion""~Jith-'Wor~ p'e~rfoi:med 'for' a 'mu.-nici- p'ality)"' :~undef':'which':-you'; 'a~su~n.i~ :1he tort liability of another party to:'p'a~:for'"'bodily in- · - ..:jury" orr."pr, operty'damage"..to".a:third person ;'::. ~-or:organization.z:Tort.!iability mea'ns,'-a~liability · ...'that would:be~imposed by .law~:in. the:absence of any' contr, act~or'agreemenb~',. 'Paragraph.f. rdoes',not inc~ude',that para.of any contract:0r'tag'reement:..:?. ",- ~.- .(1) That indemnifl'~?a"~*ail*Cbad:' f~r; '"b'~d:il'y' in- . .. ."..:L;rjU¢/" .or,:'f:Propedy edamage'-3:aris;in~: out of · , ' .,:..-:,constructio'n:...~or,i;.demolitiOn,, 'opecations, within 50 feet of any' railroad, p¢operty and , affec, ting _any.,rai road, br d~ge.-or.,,trestle tracks .,road:beds, ,tunnel,. ~nd.e, rsass or crossing; . ~ndemmfies an architect, engineer or ..... surveyor' for.'~njury or damage ar s ng out -"' ';:--":;Of:'" '~ (a) Preparing, approving, "'fai:iin j:to pre- , :' ~'. pare 6¢ approve,.m~'ps?S'hSp drawings, opinions, reports, §urveys', field orders, -. ,.: . change orders, or. d[awings;and spec- . :- .. ificatons;.:or?-,~ ~:~ :...~,; .-:,~.~ (b).;Giving directions or.-. instructi~)ns, or .. _ .,'failing-to.. give them, :i.f-that,,is:':the pri- man/:caus.e of.;tl~e_.injury or damage; .. -or.- ,:,..... · ". (3) Under which the insur8d, 'if bn ';ii:chitect, .:.. , -- engineer:or.surveyor,, assumes,liab ity for ....'.;.::..f an injury,or.damage ar(sing out'of the in- ,. ,_ suredls .rendering .z)..r failure ':to render professio.na,I ..: services; including, those listed in...(2):a'box~e,.., and supervisory, in- '''-':'' :':: ~pection '~rchitectura 'or eng neefing ac- tivities.' : "Leased worker."..means a 'persoa. leased, to you .. '."by a labor, leas hg ficm. Uh~l'~: an.'agreem".ent be- '' tv~fen you and the I~bor leasing :firm, ..t~.':p-brform duties related to the conduct of your'bQ~iness. ' '"'L~'aS~ed worker"'dbes"riot ~n61Ude :a""temporary -;:'wdrl(er".:'::'~ ""' ':".'-: .... '~:', :".~: '" 10. "Loading 10 i a dling of I~roperty: a. Aft'er it is moved' ir0m ~:' ac~,' ~,he~'e it is accepted for movement :into:or onto an air- .;,:;. craft, watercraft or "auto':; _- .~', ... . .... .. :,;, -~ : ' ~,: ' *" ..... "CG O0 01 01 96 Copyright, Insurance Services Office Inc. 1994 Page 11 of .13 .*. [] b. While it is in or on an aircraft, Watercraft or "auto"; or c. While it .is .'.being moved from an aircraft, water,raft or t'auto" to the .place where it is . finally delive:red;. but "loading' or unloading" does not include the movement of property by.means of a"mechanical device; - other than 'a: hand .truck, that is'not at- tached to the,aircraft,.watercraft or "auto,. 11. "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 mair~i.ained' f0~.:i~s~.~°lely "on or next 'to premmes you own oi"rent; c. Vehicles that travel on crawler treads; d.-Vehicles,~, whether sel.f-propelled or not, 'maint'ained' primaril'y to provide mobility to permanently mounted: '(1) Power: Cr;anes.,' .si~ovel.s, 10ader:s diggers or drills,;..,or - - (2) :Road construction ,or reSurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in'a., b., c. or d. above that are' not self-propelled and are maintained primarily to·provide mobility to permanently attached equipment or the fol- lowing types: (ri) Air compressors,'- pumps and generators, 'including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; ,or (2) Cherry pickers' ~nd similar'devices used to raise or lower workers; f. Vehicles. not described in a., b., c. or d. above maintained, primarily for purposes other than the transportation of persons or cargo. However,.self~Propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": ..... (1) .Equipment designed primarily fo~:' (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) 'Air compressors, pumps and generators, including spraying, TM welding, building 'cleaning, geophysical exploration, lighting and well servicing equipment. 12:"Occ'urrence"'~eans .an acci,d~nt,: including con- : ' ~in'uous or repeated'e'xp~)s'ui:e"tO'su'bstantially the ,i san~'general harmful csnditi'~ns! TM : 13,.'.'Pe'rsonai injury" means inju .ry,..other than !'hod- '' :ily injury¢~'/'ari§ing out'of'one or moF~"~0¢'the foil c, The wrongful eviction from, wrongful entry iqto, .or :inv.~si.o.r~..of:the r!ght of p.rivate' occu- .- pa_ncy,,of:.a,rq_om, dw.e_lting,,.0..rpremises..that a Person .occuP. ies by:OF-o~.:behalf qf it.s,o,wner, I,andlor~d or lessor; d, .Oral, or written Publica.tion .of material that slande~:s i,°.'r;i:)ibels a, p.e. rson. or organization or disparage§, a person's or organization's · ' goods,' Products or set'ii'es;' e, Oral or written.publicaiion of mated'al that vi- olat'es a' p~r~0n's rightof'privacy. ' 14.'"Products-cc?,mpleted ope',r~t?ns hazard": a. Includes 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 possession; -or .' · (2) Work that I~as" not-yet'been completed or "abandoneU.~ However,"~'your work" will be deemed completed at the earliest of the following times: (a) When all of the Work called for in your contract has been'~ompleted. '(b) When alFof the WcJrk'to' be done at the job sit~_ has been :completed if your contract calls for Work at more than one job site. (c) When that.part-of the work 'done at a job site-' hhs been pdt to 'its-:intended use .by.. any ;person or..,organization other than another contractor or sub- contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. Copyright, Insurance Services Office, Inc., 199zl Page 12 of 13 CG 00 01 01 96 [] b. Does not include "bodily injury" or "properly damage" arising out of: (1) The transpodation of properly, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- merit or abandoned Or unused materials; or (:3) Products or operations [or which the clas- sification, listed in the Declarations or in a policy schedule, states that products- completed operat!ons are subject to the General Aggregate Limit. 15. "Properly damage" means: a. Physical injury to tangible properly, including all resulting loss of use of that properly. All such loss of use shall be deemed to occur at the time of the physical injury that caused il; or b. Loss of use of tangible properly that is not physically injured. All such loss of use shall be deemed to occur at the time of the "cc- currence" that caused it. 16. "Suit" means a civil proceeding in which dam- ages because of "bodily injury", "properly dam- age", "personal injury" or "advedising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. 17. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "employee" on leave or to meet seasonal or shod-term workload conditions. 18. "Your product" means: a. Any goods or products, other than real prop- edy, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, pads 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, dura- bility, performance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending ma- chines or other properly rented to or located for the use of others but not sold. 19. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, pads or equipment furnished in connection with such work or operations. "Your work# includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. CG O0 01 01 96 Copyright, Insurance Services Office, Inc., i994 Page 13 of 13 [] THIS ENDORS~IENT CHANGES THE POLICY. PLEASE REA~ CAREFULLY. NUCLEAR ENEFI Y LIABILI'i:Y EXCLUSIONn DORSEMENT (BROAD FORM) This endorsement modifies insurance provided under the following: OWNERS & CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK LIABILITY COVERAGE PART 1. This insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, 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 (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or orgamzation. B. 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. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material," if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behaff of, an "insured" or (b) has been discharged or dispersed therefrom: (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material," "Special nuclear material" or "by-product material"; "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; "" b~-a;tr~"d u~amn~e~iYa~"a~tteh ~r att~inal t(hae) containing tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel," or (3)handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody .of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or lace prepared or used for the storage or isposal of"waste"; and includes the site on which any of the foregoing is located, ail 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 ail forms of radioactive contamination of property. UC-029 (07-95) CALIFORNIA NOTICE: 1. The insurance policy that you [have purchased] [are applying to purchase] is being issued by an insurer that is not licensed by the state of California. These insurers are called "nonadmitted' or "surplus line" insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement which applies to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by Californio. law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. California maintains a list of eligible surplus line insurers approved by the insurance commissioner. Ask your agent or broker if the insurer is on that list. 5. For additional information about the insurer you should ask questions of your insurance agent, broker, or "surplus line" broker or contact the California Department of Insurance at the following toll-free number: 1-800-957- 4357. POLICY NUMBER: GLA 100 3916 THIS ENDORSEMENT CHANGES THEPOLICY. COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Coverage Bodily Injury Liability OR SCHEDULE Property Damage Liability $ OR Bodily Injury Liability and/or Property Damage Liability Combined Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE $ -- $ -- $ --- $ 2,5OO. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused): A. Our obligation under the Bodily Injury Liability c. and Property 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 appli- cable to such coverages. Bo You may select a deductible amount on either a per claim or a per "occurrence" basis. Your se- lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows: 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis, that deductible applies as fol- lows: Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury"; Under Bodily Injury Liability and/or Prop- erty Damage Liability Coverage Com- bined, to all damages sustained by any one person because of: (1) "Bodily injury"; (2) "Property Damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence". If damages are claimed for care, loss of ser- vices or death resulting at any time from "bodily injury", a separate deductibleamount will be applied to each person making a claim for such damages. With respect to "property damage", person includes an organization. Under Property Damage Liability Cover- age, to all damages sustained by any one person because of "property damage"; or CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 [] PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a "per occurrenbe" basis, that deductible amount applies as follows: a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; Under Property Damage Liability Cover- age, to all damages because of "property damage"; or Under Bodily Injury Liability and/or Prop- erty Damage Liability Coverage Com-b ined, to all damages because of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence", regard- less of the number of persons or organizatons who sustain damages because of that "occurrence". Do The terms of this insurance, including those with respect to: 1. Our right and duty to defend the insured against any "suits" seeking those damages; and 2. Your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application o1' the de- ductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us° CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 2 of 2 [] COMMERCIAL GENERAL LIABILITY CG20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCH-EDULE Name of Person or Organization: Any person or organization that is an owner of Real Property or Personal Property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations, and for which a certificate of insurance naming such person or organization as an additional insured is on file with United Capitol Insurance Company. 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 your ongoing operations performed for that insured. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 [] COMMERCIAL GENERAL LIABILITY CG21 47 10 93 THIS ENDORSEMENT CHANGES THE POLICY.- PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to para- graph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages): Bo The following exclusion is added to para- graph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LI- ABILITY (Section I - Coverages): This insurance does not apply to: This insurance does not apply to: "Bodily injury" to: "Personal injury" to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; (b) Termination of that person's em- ployment; or (b) Termination of that person's em- ployment; or (c) Employment-related practices, pol- icies, acts or omissions, such as coercion demotion, evaluation, re- assignment, discipline, defamation, harassment, humiliation or discrimi- nation directed at that person; or (c) Employment-related practices, pol- icies, acts or omissions, such as coercion demotion, evaluation, re- assignment, discipline, defamation, harassment, humiliation or discrimi- nation directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed. (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal injury" to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed. This exclusion applies: 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. (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. CG 21 47 10 93 Copyright, Insurance Services Office, Inc., 1992 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2233 1185 EXCLUSION--TESTING OR CONSULTING ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to COVERAGES A and B (Section I): This insurance does not apply tO "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: An error, omission, defect or deficiency in any test performed, or an evaluation, a consultation or advice given by or on behalf of any insured; or The reporting of or reliance upon any such test, evaluation, consultation or advice. ENDORSEMENT This endorsement, issued by United Capitol Insurance Company, forms a part of the policy to which it is attached. SERVICE OF "SUIT" CLAUSE - CALIFORNIA It is agreed that service of process in any "suit" on this policy against United Capitol Insurance Company may be made upon the highest one in authority bearing the title Commissioner, Director, or Superintendent of Insurance of the state or commonwealth wherein this policy is delivered or issued. The one in authority bearing the title Commissioner, Director, or Superintendent of Insurance of the state or commonwealth where this policy is delivered is hereby authorized and directed to accept service of process on behalf of this Company in any such "suit"; provided such Commissioner, Director, or Superintendent has a procedure for forwarding "suits" to insurance companies by registered or certified mail and agrees to abide by such procedure by mailing via certified mail all documents so served to Mr. James Satterfield, United Capitol Insurance Company at 400 Perimeter Center Terrace, Suite 345, Atlanta, Georgia 30346. It is further agreed that the Insured shall, by Registered mail, send to Mr. James Satterfield, United Capitol Insurance Company, 400 Perimeter Center Terrace, Suite 345, Atlanta, Georgia 30346, a copy of all documents relating to the service of process and "suit" as the Insured has delivered to the highest one in authority of the Insurance Department of the state in which the "suit" has been instituted. CALIFORNIA INSURANCE CODE SECTION 1772 SUITS INVOLVING SURPLUS LINES BROKERS - REMEDIES a) A Surplus Lines Insurer may be sued upon any cause of action arising in this state under any Surplus Lines Insurance Contract made by it, or any evidence of insurance issued or delivered by the Surplus Lines Brokers, pursuants to the procedure set forth in Sections 1610 to 1620, inclusive, any policy or evidence of Insurance issued by a Surplus Lines Insurer or the Surplus Lines Broker shall contain a provision stating the substance of this section, and designating the person to whom the Commissioner shall mail process. B) Every Surplus Line Insurer assuming a Surplus Line Insurance shall be deemed thereby to have subjected itself to this chapter. The remedies provided by this section shall be in addition to any other methods provided by law for Service of Process. All other terms and condition of this policy remain unchanged. UC048C (06-97) ENDORSEMENT This endorsement, issued by United Capitol Insurance Company, forms a part of the policy to which it is attached. EARNED PREMIUM AND COMPOSITE RATE ENDORSEMENT In consideration of United Capitol Insurance Company's acceptance of this insurance, the Named Insured hereby agrees that the minimum earned premium(s) due for this policy shall be calculated in accordance with the following: The minimum earned premium due if this policy remains in effect for 90 days or less shall be twenty-five percent (25%) of the amount entered as "ADVANCE PREMIUM" on the Declaration page of this policy. In the event of cancellation of this policy by the Named Insured after this policy has been in effect for more than 90 days, the return premium due, if any, shall be computed at a rate equal to ninety percent (90%) of the pro rata unearned policy premium, subject, however, to final premium adjustment in accordance with our rules, rates and the Premium Audit provisions of this policy. In the event of cancellation of this policy by the Company for reasons other than nonpayment of premium, the earned premium for this policy shall be computed on a pro rata basis, subject, however, to final premium adjustment in accordance with our rules, rates and the Premium Audit provisions of this policy. o The premium entered on the Declaration Page of this policy as "ADVANCE PREMIUM" is a provisional premium only and is subject to adjustment in accordance with our rules, rates and the Premium Audit provisions of this policy. Premium adjustments effected as a result of premium audits will be done after the policy is no longer in effect but may be done by the Company while the policy is in effect. Premium Audit Adjustment calculations will be made to determine additional premiums only. The Named Insured agrees that there will be no downward adjustments of the "ADVANCE PREMIUM" resulting from the Premium Audit provisions of this policy. You agree that we may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Page 1 of 2 UC-244-n(09-97) o The amount entered as "ADVANCE PREMIUM" on the Declaration page of this policy has been computed on a composite rate basis for both "Bodily Injury" and "Property Damage" as follows: Exposure Estimated Composite Rate ADVANCE Basis Exg.o_mm x per $100. Gross Sales = PREMIUM Revenues $1,000,000 Flat $22,340 The term GROSS SALES means the gross amount charged by you for services performed during the policy period, and does not exclude bad debts, accounts receivable or accounts that have not yet been billed but where services have been Performed. Your entire GROSS SALES shall be used in computing the premium due unless certain services or items are excluded by specific endorsement to this policy. Page 2 of 2 UC-244-n(09-97) ENDORSEMENT This endorsement, issued by United Capitol Insurance Company, forms a part of the policy to which it is attached. MILLENNIUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTOR'S POLLUTION LIABILITY POLLUTION LIABILITY PROFESSIONAL LIABILITY PUBLIC ENTITIES ENVIRONMENTAL LIABILITY SITE SPECIFIC THIRD PARTY POLLUTION LIABILITY All Coverage Parts included in this policy are subject to the following EXCLUSIONS. Claims arising from any machine or device using any computer hardware, (including any microprocessor whether part of any computer system or not), or any software or network's, inability to respond correctly to the change of the millennium, including but not limited to the machine or device's failure to properly process dates for 1999, 2000 and later, or the leap year during the year 2000. Claims arising as a consequence of any machine or device using any computer hardware or software's inability to respond correctly to the change of the millennium, including but not limited to, the machine or device's failure to recognize, process, distinguish, interpret or accept dates for 1999, 2000 and later, or the leap year during year 2000. Claims arising from any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision done by you or for you to determine, rectify or test for any potential or actual problems described in this endorsement. Claims arising as a consequence of any change or modification of or to any computer hardware or sof'~ware, program or process or any electronic system in relation to any such change as described in this endorsement. Claims for loss of use, loss of data, loss of profits or additional expense ar/sing from any of the above. All other terms and conditions of this policy remain unchanged. UC2036(02/98) Endorsement This Endorsement, issued by United Capitol Insurance Company, forms a part of the policy to which it is attached. SITE: SPECIFIC THIRD PARTY POLLUTION LIABILITY COVERAGE ENDORSEMENT CLAIMS MADE COVERAGE. PLEASE READ THIS ENTIRE ENDORSEMENT CAREFULLY. In consideration of the premium charged, it is hereby agreed that the following Coverage is added to the policy: Site Specific Third Party Pollution Liability 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "claims" for "bodily injury", "property damage" or "cleanup costs" that result from "pollution conditions" at, on or emanating from your "site(s)" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages arising out of "claims" for "bodily injury", "property damage" or "cleanup costs" that result from "pollution conditions" at, on or emanating from your "site(s)" for which this insurance does not apply. We may, at our discretion, investigate any "pollution condition" 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 and Deductible (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, B, or D; or Medical Payments under Coverage Part C; or Supplementary payments under Coverage Part D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "claims" that result from "pollution conditions" only if: (1) The damages are caused by "pollution conditions" that take place in the "coverage territory"; and UC-40-06R (03/98) ?age 1 o£8 (2) The "pollution condition" takes place after the Retroactive Date, if any, shown in the Declarations and before the end of the policy period; and (3) A "claim" is first made against you, in accordance with paragraph c. below during the policy period or any Extended Reporting Period. c. A "claim" by a person or organization seeking damages will be deemed to have been made at the earlier time when: (1) Written notice of such "claim" is received by you or by us, whichever comes first; or (2) We settle of a "claim" in accordance with paragraph 1.a. above. Any "claim" for damages to the same person, including damages claimed by any person or organization for care, loss of services or death resulting at any time, will be deemed to have been made at the time the first of those "claims" is made against you. 2. Exclusions This insurance does nOt apply to "claim(s)": Known Conditions a. Arising from "pollution conditions" which were known by you to exist prior to the inception of this policy; or Intentional Acts~ b. Arising out of your intentional, willful or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order or instruction of any governmental or public agency or body either before or after policy inception; or Fines & Penalties c. For punitive damages, exemplary damages, multiplied damages, fines or penalties, or ERISA law or any similar law; or Worker's Compensation' d. Arising out ofany obligation of any insured under a workers compensation, disability benefits, unemployment compensation, employee benefits, pension, profit sharing, ERISA law or any similar law; or Underground Storage Tanks e. Arising out of the existence of any underground storage tank(s) and associated underground piping at your "site(s)", but only if the existence of such is known UC-40-06R (03/98) Page 2 o£8 by you. This exclusion does not apply to underground storage tank(s) and associated underground piping when endorsed onto this policy; or Other Insureds f. Arising out of claims against you by any other insured or former insured under this policy. Contractual Liability g. Based upon or arising out of the liability of others that you assume under a contract or agreement unless the liability would exist in the absence of a contract or agreement; or Vehicles h. Arising from the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured; or Divested Properties i. That occurs subsequent to the time you have sold, given away, abandoned or condemned your insured "sites"; or Employer Liability j. Based upon or arising out of injury to any "employee" or "executive office¢' of any insured if such injury occurs during and in the course of said employment; or Completed Operations k. Arising out of"your product" or "your work"; or Insured's Property Damage 1. Arising from "property damage" to property owned, leased, operated by, or in the care, custody or control of you, even if such "property damage" is incurred to avoid or mitigate further damage or "claims" which may be covered under this endorsement. Supplementary Payments We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 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 $250 a day because of time off from work. UC-40-06R (03/98) Page3 of 8 3. All costs taxed 'against the insured in the "suit". 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. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will reduce the limits of insurance shown in the Declarations. It is further agreed that Section III Limits of Insurance is deleted and replaced in its entirety with the following: SECTION II - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought, or c. Persons or organizations making claims or bringing "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 and D. 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". 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. UC-40-06R (03/98) Page 4 of 8 Subject to 2. above, the contractor's pollution liability limit is the most we will pay under Coverage D. for the sum of all damages and supplementary payments because of all "bodily injury" and "property damage". 6. 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 Coverages A and D; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". Subject to 6. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. Subject to 6. 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 Insurance 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. Extended Reporting Periods 1. We will provide one or more Extended Reporting Periods, as described below, if: a. This Endorsement is canceled or not renewed; or b. We renew or replace this Endorsement with insurance that: (1) Has a Retroactive Date later than the date shown in the Declarations; or (2) Does not apply to "claims" that result from "pollution conditions" at, on or emanating from your "site(s)" on a claims-made basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to "claims" that result from UC-40-06R (03/98) Page 5 of 8 "pollution conditions" taking place before the end of the policy period but not before the Retroactive Date, if any, shown in the Declarations. Once in effect, Extended Reporting Periods may not be cancelled. o For the purposes of insurance provided by this Site specific Third Party Pollution Liability Coverage Endorsement, the following Extended Reporting Periods shall apply: a. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for: (1) One year with respect to claims that result from "pollution conditions" and reported to us not later than 60 days after the end of the policy period in accordance with paragraph 2.a. of the Duties In The Event Of Occurrence, Offense, Claim or Suit Condition in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV);and (2) Sixty days with respect to "claims" or "suits" that result from "pollution conditions" not previously reported to us. (3) The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase, or that would be covered but forexhaustion of the amount of insurance applicable to such "claims" or the insolvency of any subsequent insurer. (4) The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. b. A Supplemental Extended Reporting Period of four years is available by endorsement for an additional charge. This supplemental period starts when the Basic Extended Reporting Period, set forth in paragraph 3. above, ends. (1) You must give us a written request for the endorsement within 60 days after the end of the initial policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. (2) We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following: (a) The exposures insured; (b) Previous types and amounts of insurance; UC-40-06R (03/98) Page 6 of 8 (c) Limits of Insurance available under this Endorsement for future payment of Damages; and (d) Your claims history; and (e) Other related factors. (3) The additional premium will not exceed 200% for the annual premium for this policy. The additional endorsement shall set forth the terms, not inconsistent with this Section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for "claims" first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. (4) If the Supplemental Extended Reporting Period is in effect, we will provide the supplemental aggregate Limits of Insurance described below, but only for claims first made during the Supplemental Extended Reporting Period and otherwise subject to this insurance. The supplemental aggregate limits of insurance will be equal to the dollar amount shown in the Declarations. Paragraphs 2. of LIMITS OF INSURANCE (Section - III) will be amended accordingly. The Third Party Pollution Liability Limit shown in the Declarations will then continue to apply as set forth in paragraph 5. of LIMITS OF INSURANCE (Section 111). SECTION VI. Definitions For the purposes of insurance provided by this Site Specific Third Party Pollution Liability Coverage Endorsement, the following definitions shall apply: "Claim" or "Claims" means a request or a demand received by you or the Company for money or services, including the institution of "suit" or arbitration proceedings against you, seeking damages. "Cleanup costs" means expenses incurred in the investigation, evaluation, monitoring, testing, removal, containment, treatment, response, disposal, remediation, detoxification or neutralization of any "pollutants". "Pollutants" means any solid, liquid, gaseous, thermal, biological or radioactive substance, material, matter, irritant or contaminant, including-smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste. UC-40-06R (03/98) Page 7 of 8 d. "Pollution Conditions" means the discharge, dispersal, seepage, migration, release or escape of "pollutants". e. "Property Damage" means: (1) 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 (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) "Clean up costs". -. f. "Site(s)" means the specific location(s) as set forth in the Schedule of Insured Sites. Schedule of Insured Sites 408 E. Pacheco Road Bakersfield, CA 93307 It is hereby agreed that all other terms, conditions, and definitions of Commercial General Liability Coverage Form shall apply. UC-40-06R (03/98) Page 8 of 8 Endorsement This endorsement, issued by United Capitol Insurance Company, forms a part of the policy to which it is attached. PROFESSIONAL LIABILITY COVERAGE ENDORSEMENT CLAIMS MADE COVERAGE. PLEASE READ THIS ENTIRE ENDORSEMENT CAREFULLY. In consideration of the premium charged, it is hereby agreed that Section I - Coverages of the Commercial General Liability Coverage Form CG00010196 is amended as follows: Coverage D. Professional Liability 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of"claims" that result from the rendering or failure to render "professional services" to which this insurance applies. We will have the right and duty to defend the insured against any "suit"seeking those damages. However, we will have no duty to defend the insured against any "suit"seeking damages arising out of "claims" that result from the rendering or failure to render "professional services" to which this insurance does not apply. We may, at our discretion, investigate any alleged act, error or omission 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 ofjudgrnents or settlements under Coverages A, B, or D or medical expenses under Coverage C or supplementary payments under Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "claims" that result fi:om the rendering or failure to render "professional services" only if: 1. The damages are caused by an alleged act, error, or omission that takes place in the "coverage territory";and 2: The alleged act, error, or omission takes place after the Retroactive Date, if any, UC-40-08R (03/98) 1 of 8 Co shown in the Declarations and before the end of the policy period; and 3. A "claim" is first made against you in accordance with paragraph c. below during the policy period or any Extended Reporting Period. .. A "claim" by a person or organization seeking damages will be deemed t° have been made at the earlier of when: 1. Written notice of such "claim" is received by you or by us, whichever comes first; or 2. We settle a "claim"in accordance with paragraph 1.a. above. Any "claim" for damages to the same person, including damages claimed by any person or organization for care, loss of services, or death resulting at any time, will be deemed to have been made at the time the first of those "claims" is made against you. 2. Exclusions This insurance does not apply to: Prior Claims a. First made against you prior to the inception of this policy; or Knowingly Wrongful Acts b. Arising out of any alleged act, error, or omission committed by you or at your direction that is dishonest, fraudulent, criminal, malicious, or knowingly wrongful; or Executive Officer c. Arising from your services and/or capacity as an "executive officer", director, partner, trustee, or "employee" of a business enterprise not named in the Declarations; or Other Enterprises d. Arising out of any business enterprise owned, operated, or managed by the insured or its parent company or the affiliate, successor, or assignee of such company if it is not named in the Declarations; or Express Warranties e. Arising out of any express warranties or guarantees; or Real Property f. In any way related to any real property or facility that is or was at any time owned, operated, rented, or occupied by you; or UC-40-08R (03/98) 2 of 8 Punitive Damages g. Arising for punitive damages, exemplary damages, multiplied damages, fines, or penalties; or Insurance/Bonds h. Arising out of the advising of, requiring of, or failure to advise or require, or failure to obtain or maintain, any form of insurance or surety bond; or Contractual Liability I. Based upon or arising out of the liability of others that you assume under a contract or agreement unless the liability would exist in the absence of a contract or agreement and that result from the rendering or failure to render "professional services"; or Workers Compensation Arising out of any obligation of any insured under workers compensation, disability benefits, unemployment compensation, employee 'benefits, pension, profit sharing, ERISA or any similar law; or Vehicles k. Arising from the ownership, maintenance, use, or entrustment to others of any aircraft, "auto", or watercraft owned or operated by or rented or loaned to you; or Products 1. Arising out of "your product"; or Faulty Workmanship m. Arising out of the cost to repair or replace any faulty workmanship, construction or work not in accordance with your "professional services"; or Other Insureds n. "Bodily injury" or "property damage" arising out of claims against you by any other insured or former insured under this policy. Employer's Liability o. Based upon or arising out of injury to any present or former "employee" or "executive officer" of any insured, including but not limited to wrongful termination, discrimination, or any unfair employment practice. 3. Supplementary Payments We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: UC-40-08R (03/98) 3 of 8 o All expenses we incur. 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 $250 a day because of time off from work. All costs taxed against the insured in the "suit". Prejudgement interest awarded against the insured on that part of the judgement we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgement interest based on that period of time after the offer. All interest on the full amount of any judgement that accrues after entry of the judgement and before we have paid, offered to pay, or deposited in court the part of the judgement that is within the applicable limit of insurance. These payments will reduce the limits of insurance shown in the declarations. SECTION III 1. o UC-40-08R (03/98) LIMITS OF INSURANCE AND DEDUCTIBLE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insured b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 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, D and E. 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". Subject to 2. above, the Personal and Advertising Injury Limit is the most we pay under 4 of 8 Coverage B for the sum of all damages because of all "personal damage" and all "advertisin~g ' injury" sustained by any one person or organization. Subject to 2 above, the contractors pollution liability limit is the most we will pay under coverages D and E for the sum of all damage and supplementary payments. Coverage D and E because of all "Bodily injury" and "property damage". 6. 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 coverages A, D, and E; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 7. Subject to 6 above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. 8. Subject to 6 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 deductible amount stated on the Declarations is applicable to each "pollution condition" or each "claim." The deductible amount applies once to each "pollution condition" or "claim" and can be applied either for defense expenses, settlement, compromise, or indemnification. 10. We, at our sole election and option, may either: ao Pay any part or all of the Deductible amount to effect settlement of any "claim:, and upon notification of the action taken, you shall promptly reimburse us for such part of the Deductible amount as has been paid by us; or Simultaneously upon receipt of notice of any "claim", or at anytime there after, call upon you to pay or deposit with us all or any part of the Deductible amount~ to be held and applied by us as herein provided. The Limits of Insurance 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. UC-40-08R (03/98) 5 of 8 SECTION IV Extended Reporting Periods 1. We will provide one or more Extended Reporting periods, as described below, if: a. This Endorsement is canceled or not renewed; or b. We renew or replace this Endorsement with insurance that: 1. Has a Retroactive Date later than the date shown in the Declarations; or 2. Does not apply to "claims" that result from the rendering or failure to render "professional services" on a claims-made basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to "claims" that result from acts, errors or omissions taking place before the end of the policy period but not before the Retroactive Date, if any, shown in the Declarations. Once in effect, Extended Reporting Periods may not be canceled. 3. For the purposes of insurance provided by this Professional Liability Coverage Endorsement, the following Extended Reporting Periods shall apply: a. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for: One year with respect to "claims" that result from the rendering or failure to render "professional services" and reported to us not later than 60 days after the end of the policy period in accordance with paragraph 2.a. of the Duties In The Event Of Occurrence, Offense, Claim or Suit condition in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV); and 2. Sixty days with respect to "claims" or "suits" that result from acts, errors or omissions not previously reported to us. o The Basic Extended Reporting Period does not apply to "claims" that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the mount of insurance applicable to such "claims", or the insolvency of any subsequent insurer. 4. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. b. A Supplemental Extended Reporting Period of four years is available by endorsement UC-40-08R (03/98) 6 of 8 for an additional charge. This supplemental period starts when the Basic Extended Reporting Period, set forth in paragraph 3. above, ends. 1. You must give us a written request for the endorsement within 60 days after the end of the initial policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. 2. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following: a. The exposures insured; b. Previous types and amounts of insurance; c. Limits of Insurance available under this Endorsement for future payment of damages; and d. Your claims history; and e. Other related factors. The additional premium will not exceed 200% of the annual premium for this Coverage Part. The additional endorsement shall set forth the terms, not inconsistent with this Section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for "claims" first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. If the Supplemental Extended Reporting Period is in effect, we will provide the supplemental aggregate Limits of Insurance described below, but only for "claims" first made during the Supplemental Extended Reporting Period and otherwise subject to this insurance. The supplemental aggregate limits of insurance will be equal to the dollar amount shown in the Declarations. Paragraphs 2. of LIMITS OF INSURANCE (Section 1II) will be amended accordingly. The Professional Liability Limit shown in the Declarations will then continue to apply as set forth in paragraph 5. of LIMITS OF INSURANCE (Section III). 4. Definitions For the purposes of insurance provided by this Professional Liability Coverage Endorsement, the following terms shall be defined as: a. "Claim" or "Claims" means a request or a demand received by you or the Company for UC-40-08R (03/98) 7 of 8 money or services, including the institution of "suit" or arbitration proceedings against you~ seeking damages. b. "Professional Services" means those operations performed by you or on your behalf that are related to your practice as a consultant, engineer, architect, surveyor, laboratory, or construction manager. UC~40-08R (03/98) 8 of 8 ENDORSEMENT This endorsement, issued by United Capitol Insurance Company, forms a part of the policy to which it is attached. CLOSURE AND / OR POST CLOSURE ENDORSEMENT It is hereby agreed that endorsement UC-40-06R(03/98) is amended as follows: In consideration of the premium charged, it is agreed that this policy will apply to "Closure Costs" and/or" Post-closure costs" that the "Regulatory Body" instructs the company to indemnify the Insured for, in writing, and in such amounts as the "Regulatory Body" specifies, in writing. It is a condition under this policy that coverage is only afforded subject to the following: The Insured must be legally obligated to pay such "'Closure Costs" and/or "Post-Closure Costs" by reason of the "Partial Closure" or "Final Closure" of "Waste Management Facility" designated in the Declarations or by endorsement as insured "site(s)"; and "Claims" by the Insured, or such party(ies) as the "Regulatory Body" designates in writing, for such ."Closure Costs" and/or "Post-Closure Costs" must be first reported in writing to the Company during the "Policy Period"; and Coverage will apply only for "Closure Costs" and/or "Post-Closure Costs" which arise from the "Partial Closure" or "Final Closure" of a "Waste Management Facility" that first takes place on or after the Retroactive Date as outlined in the attached Schedule I. It is further agreed that the following Definitions will apply as respects to this endorsement only: "Claim" means a request by the Insured or such party(ies) as the "Regulatory Body" designates in writing, for payment of a statement or bill of expenditures made for "Closure Costs" and/or "Post-Closure Costs" by reason of a "Partial Closure" or "Final Closure" of a "Waste Management Facility" in accordance with its "Closure Plan" or "Post-Closure Plan", provided that such request: is first submitted in writing to the "Regulatory Body" for approval during the "Policy Period"; and 2. is first reported to the Company in writing during the "Policy Period". Bo "Closure Costs" means all expenses specifically identified in the "Closure Plan" and approved by the "Regulatory Body". PLIP-69R (03/98) 1 of 5 "Closure Plan" means the written "Closure Plan" attached to the Policy as Appendix A and made a part thereof, prepared in order to comply with the federal regulations. promulgated under the Resource Conservation and Recovery Act (contained in 40 C.F.R. Part, 257 and 40 C.F.R. Part, 258 Subpart G), or other applicable federal, state or local regulations regarding closure of "Waste Management Facilities" and provided that such "Closure Plan" including any revisions or amendments thereto, shall first have been approved by the "Regulatory Body." "Final Closure" means the closure of all "Waste Management Units" at a "Waste Management Facility" pursuant to the "Closure Plan". "Most Recent Published Investment Rate" means the last published investment rate prior and closest in time to the date upon which the Company becomes obligated to make payment for "Post-Closure Costs". "Partial Closure" means the closure pursuant to the "Closure Plan" of one or more "Waste Management Units" at a "Waste Management Facility" which contains other "Waste Management Units" which remain active. "Policy Period" means the period set forth in the Declarations, or any shorter period arising as a result of: 1. cancellation of this Policy; or 2. with respect to particular location(s) designated in the Declarations or endorsement to the policy: ao the deletion of such location(s) from this policy by the Company; or the sale, leasing, giving away, abandonment or relinquishing of operational control of such location(s) without the written consent of the Company. Ho "Post-Closure Costs" means all expenses specifically identified in the "Post-Closure Plan" approved by the "Regulatory Body". "Post-Closure Plan" means the written "Post-Closure Plan" attached to this Policy as Appendix B and made part thereof, prepared in order to comply with federal regulations promulgated under the Resource Conservation and Recovery Act (contained in 40 C.F.R. Part 257 and 40 C. F. R. Part 258, Subpart G), or other applicable federal, state or local regulations regarding "Post-closure" of "Waste Management Facilities", and provided that such "Post-Closure Plan" including any revision or amendments thereto, shall first have been approved by the "Regulatory Body". "Regulatory Body" means the Regional Administrator of the United States Environmental Protection Agency for the EPA region in which the "Waste Management Facility" Named in the Declarations is located, or any person or State Agency designated by the Regional Administrator. PLIP-69R (03/98) 2 of 5 Ko "Waste Management Facility(ies)", or "Facility(ies)" means the entire facility designated .by location description in the Declarations or endorsement which has received authorization fi:om the "Regulatory Body" to engage in the treatment, storage or disposal of waste and which includes one or more "Waste Management Unit(s)" on, within or under such facility. Lo "Waste Management Unit" means a surface impoundment, waste pile, land treatment area, landfill cell, incinerator, tank and its associated piping and underlying containment system, or a container storage area, or other contiguous area of land on, or in which waste is placed, or area in which there is significant likelihood of mixing waste constituents in the same area. Such unit must be located on, within, or under a "Waste Management Facility". A container alone does not constitute a unit; a unit includes containers and the land or pad upon which they are placed. It is further agreed that the following Exclusions will apply as respects to this endorsement only: This insurance does not apply to expenses, Losses, liabilities of, or damages of any kind incurred by, accruing to, or alleged to be liabilities of the Insured, by reason of: 1. (a) Any criminal or civil penalties imposed by reason of the violation of any law or regulation. (b) Any "Closure Costs" and/or "Post-Closure Costs" based upon or attributable to the Insured's intentional, knowing, willful, or deliberate noncompliance with any statue, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental agency or body. ° Any expenses, charges or costs resulting fi:om defense and/or investigation of any liability or obligation for "Closure Costs" and/or "Post-Closure Costs" hereunder. It is further agreed that sublimits of liability as outlined in the attached Schedule I shall apply as respects to this endorsement only: Notwithstanding the above, the maximum Limit of Liability applicable for all Losses under the Policy will not exceed the per Loss and the Total all Losses Limit of Liability outlined in the Declarations. It is further agreed that the deductible amounts as outlined in the attached Schedule I shall apply as respects to this endorsement only. Provided that the full increased premium as determined by the Company has been paid in full within thirty (30) calender days of when due, the Limit of Liability for each "Waste Management Facility" for which such full increased premium has been paid, shall increase annually, as follows: PLIP-69R (03/98) 3 of 5 Beginning fi.om the date the Company becomes obligated under this Policy to indemnify "Post- Closure Costs", the increase Limit of Liability for such "Waste Management Facility" shall be equivalent to the existing Limit of liability, less any payments made under this limit, multiplied by an amount equivalent to 85 percent (85%) of the "Most Recent Published Investment Rate" for newly issued 26 week Treasury Securities. With respects to "Claims" under this endorsement, it is a condition precedent to coverage that: In the event that the Insured receives, formally or informally, information to the effect that "Closure Costs" and/or "Final Closure" of a "Waste Management Facility" is under consideration by the "Regulatory Body", the Insured shall immediately forward to the Company any demand or notice fi.om the "Regulatory Body" regarding their "Closure Costs" and/or "Post-Closure Costs", "Partial Closure" or "Final Closure" received by the Insured or his/her representatives. The Insured shall cooperate with the Company and, upon the Company's request, assist in obtaining information relative to any "Claims" made. The Insured shall not, except at his own cost, voluntarily make or approve any payments, assume any obligations or incur any expense relating to "Closure Costs" antgor "Post-Closure Costs" which are not in accordance with the "Closure Plan" and/or "Post-Closure Plan" without the Company's or the "Regulatory Body's" written permission. Furthermore, the Company shall not cancel, terminate or fail to renew the coverages provided by this endorsement except for failure to pay the full premium shown in the Declarations. The Company shall notify the Insured and the "Regulatory Body" of its intent to cancel, terminate or not to renew by sending, by certified mail, to the Insured at the address shown in this Policy and to the "Regulatory Body", written notice stating the date not less than 120 days thereafter allowing time for receipt of notice on which such cancellation, termination or failure to renew shall be effective. This Policy may be canceled by the Named Insured pursuant to applicable statue by surrender thereof to the Company or any authorized agents or by mailing to the Company written notice stating the date thereafter the cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the "Policy Period". In the event of: 1. cancellation or nonrenewal by the Insured or; 2. Cancellation by the Company for nonpayment of premium, the full insurance premium shOwn in the Declarations shall be deemed earned and the unpaid portion thereof shall be immediately due and payable. Upon the effective date of cancellation by the Insured, all indemnity obligations on the part of the Company hereunder shall automatically cease and the Insured shall have no further recourse against the Company with respect to unpaid PLIP-69R (03/98) 4 of 5 "Claims". All other terms and conditions remain the same. (Authorized Representative) PLIP-69R (03/98) 5 of 5