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Home My WebLink AboutPublic Works Construction Agreemnt with Granite Excavation for Ashford Greens Trunk SewerCONTRACT FOR PUBLIC WORKS CONSTRUCTION ASHFORD GREENS TRUNK SEWER - CONSTRUCTION PROJECT # 10033.A THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 22nd day of December, 2015, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Granite Excavation, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 23 Warm Lake Hwy, Cascade, ID 83611 and whose Public Works Contractor License # is C -16550 - Unlimited -2-4. INTRODUCTION Whereas, the City has a need for services involving ASHFORD GREENS TRUNK SEWER - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 1 of 14 Project 10033.A state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $1,073,850.56. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 2 of 14 Project 10033.A 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Contractor shall have until March 15, 2016 to complete the Eight Mile Lateral Crossing. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 120 (one hundred twenty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 140 (one hundred forty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 3 of 14 Project 10033.A In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 4 of 14 Project 10033.A incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 5 of 14 Project 10033.A guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 6 of 14 Project 10033.A 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 7 of 14 Project 10033.A 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections.: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 8 of 14 Project 10033.A received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 9 of 14 Project 10033.A 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Granite Excavation, Inc Purchasing Manager Attn: Josh Davis 33 E Broadway Ave 23 Warm Lake Hwy Meridian, ID 83642 Cascade, ID 83611 208-489-0417 Phone: 208-382-4188 Email: dustyC@graniteexcavation.com Idaho Public Works License #C-16558-Unitd-2-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 10 of 14 Project 10033.A CITY OF MERIDIAN Approved by Council:��` GRANITE EXCAVATION, INC JOSH DAVIS, President Dated: 'y02ATGD AU'. { c A r� /7 City of 0 AYC L. HOLMAN, CITY CL E Q)1A �J SFAL Fir Purchasing Approval F,11epar ent Appro `arxFnsuR� .. BY: BY: KEIT ATTS, Purgj;; Ing Manager W EN STE ART, Engineering Manager Dated:: l�zlf 711e9 Dated:: Project Manager Garrick Nelson ASHFORD GREENS TRUNK SEWER - CONSTRUCTION Project 10033.A page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1608-10033.A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1608-10033.A, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY JUB Engineers dated 11-20-2015 (22 pages) • OWNER'S REVISIONS TO THE STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS by JUB Engineers dated November 2015 (368 of pages) ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 12 of 14 Project 10033.A Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,073,850.56. � / �f NIILESTOINE DATESISCHEDULE ' Milestone 1 Eight Mile Lateral Crossing March 15, 2016 Milestone 2 Substantial Completion 120 Days from Notice to Proceed Milestone 3 Final Completion 140 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the ASHFORD GREENS TRUNK SEWER - CONSTRUCTION per IFB PW -1608-10033.A NOT TO EXCEED CONTRACT TOTAL ....................... $1.073,850.56 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. y ,;.c-... „ ,3'.,' ✓ _ :,rte` -.rr /z" a"'m"u�"r �.`r- "a r' :. �. � ".r- � "fes ar�;,r"."=" `r .3 7 � � � ti mac;-i..2�"7- „--'ter-ter„ .-.• r"�� ate,-r="r '--r r' -"",may rr^�r" r,.c-� �.� Item No. Descri tion Quantit Unii Unit Price 205.4.1.6.1 Dewatering 1 LS $ 1.00 304.4.1.A.1 Trench Foundation Stabilization Material 250 Cy $ 45.13 306.4.1.D.1 Imported Trench Backfill 500 Cy $ 33.14 307.4.1.F.1 Type "P-1" Surface Restoration (Asphalt Roadway) 42 LF $ 149.91 307.4.1.G.1 Type "P-2" Surface Restoration (Asphalt Roadway) 891 Sy $ 38.65 307.4.1.G.3 Type "P-4" Surface Restoration (Asphalt Roadway) 407 Sy $ 65.14 Full Width Surface Restoration Type "P-3" (Asphalt 307.4.1.H.1 Roadway) 7695 Sy $ 40.26 307.4.11.1 Temporary Type "P-2" Surface Restoration (Gravel) 659 LF $ 6.83 307.4.11.3 Temporary Type "P-3" Surface Restoration 2992 LF $ 4.88 Temporary Type "P-2" Surface Restoration (2" Cold 307.4.11.5 Mix) 386 LF $ 21.27 307.4.1.M.1. Asphalt Approach Repair 438 Sy $ 56.77 308.4.1.C.1 Steel Casing Sleeve - 30 -inch 102 LF $ 239.00 Gravity Sewer Pipe - 8" PVC (includes excavation, 501.4.1.6.1 bedding, backfill, etc.) 48 LF $ 76.97 Gravity Sewer Pipe - 10" PVC (includes excavation, 501.4.1.6.1 bedding, backfill, etc.) 9 LF $ 201.00 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 13 of 14 Project 10033.A 501.4.1.13.1 Gravity Sewer Pipe - 12" PVC (includes excavation, bedding, backfill, etc.) 42 LF $ 82.27 501.4.1.13.1 Gravity Sewer Pipe -18" PVC (includes excavation, bedding, backfill, etc.) 3816 LF $ 66.12 502.4.1.F. 1 Connect to Existing Manhole 4 EA $ 6,152.00 502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 1 EA $ 4,239.00 502.4.1.A.1 Sanitary Sewer Manhole - 60" Type B 11 EA $ 7,365.00 504.4.1.E.1 Sewer Service and Marker - 4 inch 65 LF $ 37.69 507.4.11.1 Abandon Existing Sewer In -Place 1 LS $ 5,361.00 507.4.1.M.1 Abandon Manhole 7 EA $ 410.00 601.4.1.13.1 Gravity Irrigation Crossing 3 EA $ 1,140.00 1001.4.1.A.1 Fiber Rolls 5866 LF $ 1.90 1003.4.1.C.1 Silt Fence 1485 LF $ 1.95 1006.4.1.C.1 Inlet Protection 7 EA $ 67.62 1103.4.1.A.1 Construction Traffic Control 1 LS $ 20,825.00 2010.4.1.A.1 Mobilization (5% Max.) 1 LS $ 32,366.00 2020.4.1.F.1 Reference and Reset Monuments 1 EA $ 1,675.00 SP -2102.4.1.A.1 Construction Coordination 1 LS $ 6,755.00 SP -2105.4.1.A.1 Sewage Bypass Systems 1 LS $ 54,500.00 SP-2142.4A.A.1 Remove & Replace Misc. Item - Landscaping Bed 1 EA $ 1,212.00 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Pressure Sewer Clean - out 1 EA $ 3,550.00 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Mailbox 3 EA $ 488.00 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Field Fence (Barbed Wire) 332 LF $ 9.92 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Culvert (12") 80 LF $ 26.00 SP -2142.4.1.C.1 Regrade Field Ditch - Earthen 1125 LF $ 2.00 SP -2155.4.1.A.1 Ashford Greens - Lift Station Abandonment 1 LS $ 11,080.00 SP -2155.4.1.8.1 Ashford Greens - Dual Pressure Sewer Decommission 1 LS $ 3,930.00 SP -2155.4.1.C.1 Ashford Greens - Pressure Sewer Abandonment (Pump -out Vault) 1 EA $ 557.00 SP -2155.4.1.D.1 Ashford Greens - Pressure Sewer Abandonment (Air Valve Vault) 2 EA $ 467.00 SP -2155.4.1.E.1 Ashford Greens - Pressure Sewer Abandonment (Receiving Manhole) 1 LS $ 869.00 SP -2155.4.1.F.1 Ashford Greens - Outfall SSMH 1-8-39 Modifications 1 LS $ 1,340.00 SP -2216.4.1.A.1 Stormwater Management 1 LS $ 5,550.00 SP -2222.4.1.A.1 IPCO Power Pole Support 1 EA $ 1,400.00 SP -2225.4.1.A.1 Remove and Replace 6'x3' Pre -Cast Box Culvert 1 LS $ 13,515.00 SP -2225.4.1.8.1 6'x3' Pre -Cast Concrete Culvert Material Allowance 1 N.A. $ 10,000.00 SP -2230.4.1.A.1 I NBCLS Pump No.3 Replacement 1 LS $ 13,500.00 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 14 of 14 Project 10033.A Q ow a� as ow a4 N. ap aw P ow oa 4paP m 0 0 0 0 0 0 0 0 0 0 o rn m O O O O O O O O O O O M M M 44 b� . p G O O O O O O O O O O O 00mm co 4J 4) m G b, •,i U a >~ 31 Q N a) 7 W O H O[) to O O O N N N N O O O O r r N O O O r 0 O O T G O O O o NIn r M r O of M M M +) o r N o o in Ln c o .-� m o m r a1 C. 0 0 N O N dl M lD r O OJ M M M •p ro O 11 O\ Un N Q' l0 V' O N rl H rl N N •..• �• � . rl � � � m m 0 0 O O .--1 du N y4 o 0 0 o r r N O o O O r r r ro a) O O O O N r M r O O ro >i 0 r u7 o to u) )n V' M cq M m M N o N N rn N U G 41 u1 mV' .-i V' �O <t' l0 �O U N N (q N N m N U d' O O O O O O O O O N l0 l0 �D x m o 0 0 0 0 0 0 0 0 o r r r r O o 0 0 0 0 0 o m m rn m •� G o 0 0 � � �i .-i CD O o ro w m ro + C N O N r r r al G Ln N to �o cr G S4 44 V) Si N O a) Si V) Q OI ro X4C. 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I X U U -.i H +� I � M rn -15 3 W a+ P N +) -1 O U a) C G a) E G U +) 1-1 ro >r , N4 R' Q H rt G W U W U G O G b, .� a) a) •.i Cul > U Un H o a H rl "� 7•U 34 •rl >4 •ri •-i •.i > H 4J � Q +) W U Fi Q 0 "q a41 � fi a) .>~ N 4- Qa) V) O rl 44 a O V) W N X � O p V) Q'Q P •rl Q ri X a) U N < V) Q >+ S4 Q z Z WWX O N G 3 � S P G G R x •l ro Si N W O a) U) U) O oo U N H FC W w 1 ) l) H + " .G aW Un W H W W W ro w o U q H ' Si4 ro 3 14 T A N 0 4 N to m l0 m M O M O �9 M r M M H N H Si O to Un O O O O O O O N M O O N rl N rl ri r'i ri U Q eTRAKiT Page 1 of 1 Home I Setup an Account I Log In Contraclor� V Username Password LOGIN ❑ REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search p, Search Again Download Results Printable View First, (Prevj Page: 1 of 1 INext; Pro Details - License Number: PWC -C-16558 Lic Info IFFees $3,450.b0 Registration #: PWC -C-16558 Issue: 6/24/2015 Expire: 6/30/2016 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: Granite Excavation, Inc. Phone: (208) 382-4188 Cell: (208) 630-4090 Pager: Fax: (208) 382-4189 Owner Name: Linked Activities: Sub Case(s): ELE1210-0061 NOV PAID The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 12/16/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for GRANITE EXCAVATION INC. ] [ Monitor GRANITE EXCAVATION, INC. business filings ] GRANITE EXCAVATION, INC. 23 WARM LAKE HWY CASCADE, ID 83611 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 28 Apr 2004 Origination/Authorization: Initial Registered Agent: YVETTE DAVIS 19 WARM LAKE HWY CASCADE, ID 83611 Organizational ID / Filing C154412 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 18 Feb 2015 Annual Report Due: Apr 2016 =. Filed 28 Apr 2004 INCORPORATION I Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 [ Help Me Print/View TIFF ] View Image (PDF format) View Image(TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C 154412.htm1 12/8/2015 Bond No. BD741836 RF -CE- v ,C 1 015 Document A312 TM -2010 FINANCE DEPT Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (eVaure, legal status and address) (Alain, legal statts and principal place of brtstness) Granite Excavation, Inc. Nationwide Mutual Insurance Company 23 Warm Lake Highway One West Nationwide Blvd., 1-04-701 This document has important legal Columbus OH p g Cascade (D 83611 43215.2220 consequences, ltConsultation With Mailing Address for Notices y Is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Maine, legal status and address) Contractor, Surely, Owner or Cit of Meridian Y other party shall be considered plural where applicable. 33 E Broadway Ave. Meridian ID 83642 CONSTRUCTION CONTRACT Date: December 22, 2015 Amount: S 1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Description: (Name and location) Ashford Greens Trunk Sewer Construction Project # 10033.A BOND Date: December 22, 2015 (Not earlier than Construction Contract Date) Amount: $ 1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Modifications to this Bond: M None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Granite Excavation, Inc. Signature: Name and Title:�-�— (any additional signatures appear on the last page of this Peiyonnance Bond.) (FOR INFO&VA7ION ONLY --Name, address and telephone) SURETY Company: (Cou porate Seal) Nationwide Mutual Insurance Company r- Signature: ( Name Ell bet A Schneider and Title: Attorney -in -Fact AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (architect, Engineer orotherporty.) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 8-1 862/AS 8110 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 .liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 I tate Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to arty person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform Its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common luw bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 8-1852/ASB/10 Bond No. BD741836 Payment Bond CONTRACTOR: (Vance, legal statrts and address) Granite Excavation, Inc. 23 Warm Lake Highway Cascade ID OWNER: (Marne, legal status and address) City of Meridian 33 E Broadway Ave. Meridian ID Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 SURETY: (Nance, legal status and principal place of business) Nationwide Mutual Insurance Company One West Nationwide Blvd., 1-04-701 This document has Important legal Columbus OH 43215.2220 consequences. Consultation with 83611 Malling Address for Notices an attorney Is encouraged with respect to its completion or modificatlbn. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. 83642 CONSTRUCTION CONTRACT Date: December 22, 2015 Amount: $1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Description: (Nacre and location) Ashford Greens Trunk Sewer Construction Project # 10033.A BOND Aute: December 22, 2015 (Not earlier than Construction Contract Date) Amount: $1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Modifications to this Bond: 0 None E] See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Granite Excavation, Inc. Signature. Name and SURETY Company: (Corporate Seal) Nationwide Mutual Insurance Company 1/ Signature: A/)} Y Namo Eli et A Schneider and Title: Attorney -in -Fact (Airy additional signatures appear on the last page of thisPayment Bond.) (FOR INFORbIATION ONLY — Aranre, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer orotherparty:) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 8-21491AS 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obGgatlon to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of cdinpetent jurisdiction In the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section S. 1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so f miisbcd, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement orpurchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last perforated labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .i the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also Includes any individual or entity that has rightfully asserted a claim under an applicable mcchanids lien or similar statute against the real property upon which the Project Is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction whore the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, S-21491AS 8110 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Elizabeth A. Schneider each in their individual capacity, Its true and lawful attomey-In-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, in penalties not exceeding the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS $1,500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, thatthe authority granted herebyshall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, orolher papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped an any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the signature of Its officer the 131i day of February, 2014 . ��W- 49�- ®®®4® / ®a!'°�w,�`°e+ ,, Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company /,;SEAL:; / :' /,••SEAL;4 and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance `v® Company _ ACKNOWLEDGMENT 104. -MAS; µ® STATE OF IOWA, COUNTY OF POLK: ss �0""'r / : � r �� On this t day of February, 2014, before me came the above-named officer for the Companies aforesaid, to /;:•SEAL;,?SEALS me personally known to be the officer described in and who executed the preceding instrument, and he � '•.. ........ Ar :;® acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and ®®y,�,' direction of said Companies, CSC AWwr ?i' SandyAlttziYt�1/ SEAL;-� (SEAL; ® Notarial Seal -Iowa [� Comwtaston Number 152785 Nota Public +' •.+/ My Commt sion Expires March, 24, 2017 Notary �a`yadisr� O`er® My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument bythe authorityof said board of directors; and the foregoing power of attorney is still In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this act day 20 P5 Secretary This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 Client#: 7880 GRANITEEXC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) F TYPE OF INSURANCE 12/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Moreton & Company - Idaho R2N�� C F I V E D Box 191030E I Boise, ID 83719schneider@moreton.Com DEC� u ��5 CO T CT Liz Schneider NAME: (P pNE208 321-9300 FAX 208-321-0101 NC Ext : A/C NoP.O. -MAIL IL ADDRESS: GENERAL LIABILITY 208 321-9300 INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: Cincinnati Insurance Company .(- 10677 INSURED �`��;—��-- Granite Excavation Inc INSURER B; Alaska National Insurance Co. 38733 INSURER C: 23 Warm Lake Highway Cascade, ID 83611 INSURER 13: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ncvlcrnKI nulaaticC. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ggEXCLUSIONS IMR TYPE OF INSURANCE ADDL SR SUBR WVD _POLICY NUMBER POLICcY EFF MM/D0lYYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X EPP0254251 6/09/2015 06/09/2016 EEACMHp�OECCCURRRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR _ PAEMISES E Ecca occurrence) $500 000 MED EXP (Anyone person) $10000 X Pb ped:2,500 PERSONAL & ADV INJURY S1.000.000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS • COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOSX NON•OWNED AUTOS EBA0254251 6/09/2015 0 6/0 9/2 016 Ea aacld.11 .,) SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident $ ( ) PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAR X OCCUR EPP0254251 6/09/2015 06/09/2016 EACH OCCURRENCE s4,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE s4,000,000 DED I I RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY OFFICER%MEMBER EXCLUDED? ECUTIVE[] N / A 15DWSi0081 4/01/2015 04/01/201 WC STATU- 0TH• x E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE. EA EMPLOYEE $1,000,000 (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Ashford Greens Trunk Sewer Certificate holder is included as additional insured as required to add by reason of written contract or agreement, insurance is primary City of Meridian its elected SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN officials, officers, employees, ACCORDANCE WITH THE POLICY PROVISIONS. agents, volunteers 33 E Broadway Ave. AUTHORIZED REPRESENTATIVE Meridian, ID 83642 © 1988-2010 ACORD CORPORATION_ All rinhfa ragaruarl ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S773544/M725191 ELISC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage ........................................................................................... 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments. ......... .............. ... .... ..................................... ..... ....... ..... .......................................... 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.)............................................................................................ ........... .. 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 a. Waiver of Subrogation.......................................................................................................................10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 • Managers or Lessors of Premises; a Lessor of Leased Equipment; Vendors; a State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and e Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment. ....................................................................14 12. Employees as Insureds - Specified Health Care Services: ............................................................14 • Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM plicable limit of insur- ance in the payment of (a) Area (For Limits in Excess of (b) Payroll (For Limits in Excess of - COVERAGES: Employee Benefit (c) Gross Sales $5,000) $5,000) No other obligation or liabii- d) Units ity to pay sums or perform e Other (a) We will pay those sums that b. Care, Custody the insured becomes legally under Supplementary Pay - or Control ments. $ TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages; have used up the ap- Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabii- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror b or omission of the in- () This Insurance applies to PP sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- "administration" of your plies. We will have the right "employee benefit pro - and duty to defend the in- gram"; and sured against any "suit" seeking those damages. 1) Occurs during the pol- However, we will have no icy period; or duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this Insurance does endorsement provided: not apply, We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge a omission and settle any claim or su t'f o claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement, 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative' Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Damages arising out of fail- i) Reports all, or formance of investment Taxes, fines or penalties, any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3 ) Advice given to an Code or any similar state or any erson ith respect to other insufficiency of funds to meet any obligations under In Insurer; that person's decision Practices "employee benefit pro- to participate or not to gram , ii) Receives a participate in any Plan (1) Refusal to employ; written or ver- included in the ' em- vice Given With Respect bal demand or ployee benefit pro- ployment; claim for dam- gram". 1) Failure of any invest- ages because of the act, er- WorkersCompensation (f)' p mation, harassment, ror or omis. and Similar Laws formation on past per- sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance, any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- This insurance does not apply rity or disabillty benefits law or any similar law. to: (a) Bodily Injury, Property (g) ERiSA Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of "Bodily injury", "property (liability imposed ed on a Employeeduci- Re- Re - damage" of "personal and advertising injury". tirement Incomecurity Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, including the willful or reck- are available, with reason - less violation of any statute. able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (1) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Intemal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (1) Employment -Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram , any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reasslgn- ment, discipline, defa- mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND 13 also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION If - WHO IS AN INSURED is deleted in its en- tirety and replaced -by the following: (1) if you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business, (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your you officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program", (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" If you die, but only until your legal representative is ap- pointed, (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION 111 - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages c Persons or organizations () g sustained by any oneem- aking claims or bringing "msuits"; ployee", including such 'employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured against any . "suits" damages because of acts, er- rors or omissions negligently seeking those dam - committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program'. duties of any other in - (3) "Subject to the limit described in volved Insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, negligentlycommitted in the As respects Employee Benefit Li- ability Coverage, SECTION IV - lt administration of your em- COMMERCIAL GENERAL LiABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan Included in the em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit a, You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the In- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decia- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this (2) Notify us as soon as practicable, method also. Underthis approach each in - You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable, paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first, (1) Immediately send us copies of if any of the other in - any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. (2) Authorize us to obtain records Under this method, each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers, (4) Assist us, upon our request, In c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un - or omission to which this Insur- der any other insur- ance may also apply, ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part, payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent, As respects Employee Benefit Li. (2) Item 5. Other Insurance is de- ability Coverage, SECTION V - DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: 5. Other Insurance (1) The following definitions are added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- a. Primary Insurance spect to eligibility for or scope of "employee This insurance is pri- benefit programs"; maryexcept when c, b. Interpreting the "em - below applies, If this ployee benefit pro - insurance is primary, grams" our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro - will share with all that grams'; or other insurance by the method described in b, g, continuing d, Effectin c g or below, terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc,, with its permission, Page 6 of 15 In any benefit included benefits, workers' com- in the "employee bene-pensation and disability fit program", benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro - a. Handling payroll de- rams; leave of b- sence programs, in- ductions; or cluding military, mater - b, The failure to effect or nity, family, and civil leave; tuition assis- maintain any insurance or adequate limits of tance plans, transpor- coverage of insurance, tation and health club subsidies. Including but not limited to unemployment In- (2) The following definitions are surance, social security deleted In their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits, 21. "Suit" means a civil pro- 2, "Cafeteria P ceeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars, a. An arbitration pro- ceeding in which such 3. "Employee benefit Pro- damages are claimed grams" means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life Insurance; dispute resolution pro - ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who satisfy the plan's eligi- of absence or disabled, or retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker", employee savings plans, employee stock 2, Unintentional Failure to Disclose Haz• ownership plans, pen- ards slon plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, that no one LIABILITY CONDITIONS, 7. Represen- provided than an em- tations is hereby amended by the addi- other ployee" may subscribe tion of the following: to such benefits and such benefits are made Based on our dependence upon your representations as to existing hazards, If generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure, ance, social security Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc„ with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex - 2. SECTION I - COVERAGES, pansion; or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q, do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner, rectly by any of the follow - b, The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2 Water that backs u or ) p overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the The exclusions under SECTION ground surface press - ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than 1. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted and the following are added: b) Basements, whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss orresultinleaksg o tract; or from watercaused that flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat In the fungus, decay, deterioration, hid - building or structure; or den or latent de- 2) You drained the fect or any quality equipment and shut off In property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission, Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6, of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5, above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied y you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- piles. We do not have to furnish these bonds.' b. Paragraph 4, is replaced by the fol- lowing: 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 eamings up to the limit shown In Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a, Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession, With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION t - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a, The Limits of Insurance shown In the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6, Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not In addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission, Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are In ex- cess of the deductible amount stated In Section B. Limits of insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO iS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9, Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the 'occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce those rights, 9. Automatic Additional Insured - Speci• fied Relationships a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any, person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been Issued, is an Insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or. endorsement added to, this Coverage part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability ads - Ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant In that premises. chemical change 2) Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un - half of such additional less unpacked insured, solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in - 9.a.(1) above to provide n- structions from the surance. Such person(s) or manufacturer, and organizations) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by, such per- make such in- son(s) or organizations(s), spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires, normally under - (c) Any person or organization takes to make in the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph 9,a,(1) above to provide n- the distribution or sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) after distribution ucts or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of , liabii- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc,, with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- b) When liability in- age" or "personal and advertising injuryaris- eluded within the "products- ing out of operations completed opera- performed for the state or political subdivision. tions hazard has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- spect to such per Paragraph 9.a.(1) above to provide insurance, products. but only with respect to H- (d) Any state or political subdi- abilarising out of "your i work' performed for that vision with which you have additional insured by you or agreed per Paragraph ) above to provide m- on your behalf. A person or suraece uran, subject to the fol- organization's status as an insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, sidewalk vaults, street additional insured designated 2 9.a. under Paragraph (): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does notapply to bodily sures; or injury" or'. property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "properly this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1 Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- 2) The rendering of, or tional insured, and such other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributl% whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, S. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities, tional insured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated( p' P) wra u dorsement to another insurance program has insurance policy that is been provided by the written on an excess prime contractor -project basis, in such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex - volved. cess. b. Only with regard to insurance pro- vided to an additional insured des! gg- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN. ERAL LIABILITY CONDITIONS Is hereby amended as follows: (1) Condition 5. Other Insurance is amended to include: (a) Where required by a written contract or agreement, this Insurance is primary and / or noncontributory as re - (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a. Be provided by the In- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed operations; or c. Include coverage for "your work" and where the limits or cov- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.15. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached, if, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9,a.(3)(b) of this endorsement shall not apply and Paragraph 9.b, of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f,(1) of Definition 12, "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11, Property Damage to Borrowed Equip- ment a. The following Is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown In the Declarations are replaced by the limits designated In Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are Inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) 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, 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(10) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly lk censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place, 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI. Includes copyrighted material of Insurance GA 233 0207 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any Injury or damage arising out of the "occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. page 15 of 15