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HomeMy WebLinkAboutSunshine Landscaping for Ten Mile Interchange Median SouthCONTRACT FOR PUBLIC WORKS CONSTRUCTION' TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING PROJECT # 1.0706.a THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of October, 2016, 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, SUNSHINE LANDSCAPE, INC. hereinafter referred to as "CONTRACTOR", whose business address is PO Box 724 Meridian ID 83680 -and whose Public Works Contractor License # is C=15128 -B-4. INTRODUCTION Whereas, the City has a need for services involving TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING; 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:i 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 preparedor produced by the Contractor under this Agreement, including without limitationielectronic 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 othersto 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, state and city laws, ordinances, regulations and resolutions. The Contractor TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 1 of 13 Project 10706.a 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 $70,562.00 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. 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. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 2 of 13 Project 10706.a 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: Substantial Completion shall be accomplished within 75 (seventy-five) 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 $150.00 (one hundred fifty 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 80 (eighty) 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 $150.00 (one hundred and fifty 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. 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 TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 3 of 13 Project 10706.a 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 # 54-19011 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 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. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 4 of 13 Project 10706.a 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 a reel that it will maintain throu host 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 Fold 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 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 TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 5 of 13 Project 10706.a 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 1010% 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. 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 TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 6 of 13 Project 10706.a 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. 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 TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 7 of 13 Project 10706.a 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 Vil 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 received independent legal advice from its attorney's or the opportunity to seek such advice. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 8 of 13 Project 10706.a 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. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 9 of 13 Project 10706.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 Sunshine Landscape, Inc. Purchasing Manager Attn: Levi Duckett 33 E Broadway Ave PO Box 724 Meridian, ID 83642 Meridian, ID 83680 208-489-0417 Phone: 208-884-8036 Email: levi@sunshinelandscape.net Idaho Public Works License #PWC -C -15128-B-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. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 10 of 13 Project 10706.a CITY OF MERIDIAN BY: TAI Dab SUNSHINE CAPE, INC. BY:77777 b1i Approved by Council: GID t / // )0 ��PORATEOq&'G •t'G Gs� Attest: ' L Illof 4 C. JAY C LES ITY CLERK m2 S�q"o a Purchasing Approval BY: KEITH TTS, Purchasing Manager Dated: - �� ,2 6 - /�2 Project Manager Mike Barton/Roger Norberg Departme t A BY: MIKE BA N, Parks Superintendent Dated:: (C _ �-L- TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 11 of 13 Project 10706.a EXHIBIT SCOPE OF WORK REFER TO INVITATION TO BID PW -1654-10706.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1654-10706.a are by this reference made a part hereof. SPECIFICATIONS 1 SCOPE OF WORK All construction work shall be done in accordance with the current 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/Drawings — Ten Mile Interchange Median South - Landscaping by .Jensen Belts Associates dated April 2012 (3 pages) • Technical Specifications and Special Conditions by City of Meridian dated August 2016 (3 pages) TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 12 of 13 Project 10706.a Exhibit B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $70,562.00. TEN MILE INTERCHANGE MEDIAN SOUTH - LANDSCAPING page 73 of 13 Project 10706.a Bond No. Sunshine Landscape, Inc. PO Box 724 Meridian, ID 83642 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 September 28, 2016 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 Developers Surety and Indemnity Company Raymond L. Wolfe Attorney-in-Fact Sunshine Landscape, Inc. Levi Duckett President The Hartwell Corporation PO Box 400 208-459-1678 Developers Surety and Indemnity Company Ten Mile Interchange Median South - Landscaping. September 28, 2016 X Caldwell, ID 83606 , 758583 Developers Surety and Indemnity Company PO Box 19725, Irvine, CA 92623 Irvine, CA 92623 PO Box 19725 Sunshine Landscape, Inc. PO Box 724 Meridian, ID 83642 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 September 28, 2016 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 Developers Surety and Indemnity Company Raymond L. Wolfe Attorney-in-Fact Sunshine Landscape, Inc. Levi Duckett President The Hartwell Corporation PO Box 400 208-459-1678 Irvine, CA 92623 Developers Surety and Indemnity Company PO Box 19725 September 28, 2016 X Caldwell, ID 83606 , 70,562.00 Seventy Thousand Five Hundred Sixty Two Dollars and 00/100 Bond No. 758583 Ten Mile Interchange Median South - Landscaping. Developers Surety and Indemnity Company PO Box 19725, Irvine, CA 92623 ,--,ACORD COVERAGES SUNSLAN-OI THILLESLAND DAIE IIXIID'YYYY) 913012016 THIS CERTIFICATE IS ISSUED AS A I{ATTER OF II{FOR ANON OiILY AI{D COI{FERS I{O RIGHTS UPOI{ THE CERTIFICATE HOLDER THIS CERTIFICATE DOES T{OT AFFIRiIATWELY OR NEGANVELY AME}ID, EXTEI{D OR ALTER THE COVERAGE AFFORDED BY ?HE POUCIES BELOW. TH|S CERTTRCATE OF T SURANCE DOES NOT COt{SrmJTE A COi{TRACT BETWEET{ THE tSSUt}aG TNSURER(S), AUTHORTZED REPRESEi{TATIVE OR PROOUCER, ANO THE CERTIFICATE HOLDER. lrrPORTAt{T: ll lho canmc.b holder b an AODITIOI{AL INSUREO, tho pollcy(16.} murt be ondorsed. lf SUBROGAnO IS WAIVED, subloct to lhe toms and condltions ol thg pollcy, c.rtaln pollcle! may roquhe an ondonBomgnt A st tom.nt on thb ce lfk lo does nol contot dght! to lhg certlllc.te holder ln lleu o, ruch ondo6omgn(!). PROOUCER The Harlwell Co,poratlon PO Box ,100 Caldwell, lO 83506 INSURED 208 459-1578 204 151-1111 rtwel AFFOROII{G COVERAGE r,rsuREr ^:Tho cincinnati lns co 10677 INSURERA INSURER C IT.ISURERO INSURER E ,ISt'RERF CERTIFICATE OF LIABILITY INSURANCE Clty ol }loridian 33 East Eroadway Avonuq t oridian, lD E3642 SHOULD A}IY OF THE ABOVE DESCRIBED POUCES AE CAXCELLEO BEFORE THE EIPIRAIION OAIE II{EREOF, iIOIICE fiLL BE DELTVERED II{ ACCORDAI{CE WTTH THE POLICY PROVISIO}IS. AUTHORlzED REPRESENTATIVE 2iL1/ /1 CERTIFICATE HOLDER CERTIFICATE NUMBER:REVISION NUMBER: CANCELLATION O'1988-2014 ACORD CORPORATION. All rights reserved. The ACORD namo and logo aro registered marks ofACORD POUCYEIP tNso POUCYNUMBER THIS IS TO CERTIFY TIIAT THE POLICIES OF INSURANCE LISTED BELOW I.IAVE BEEN ISSUED TO THE INSUREO MTTIED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REOUIREMENT. IERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMEMT WTH RESPECT TO T^,TIICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOT/YI{ MAY }IAVE BEEN REDUCED BY PAIO CLAIMS. IJMlls EACH OCCURRENCE PREMISES (tu odrenc6) t I 1,000,000 500,000 MED ExP (Any oi\€ p€Bon)10,000I PERSONAL & AOV INJURY 1,000,0005 GENERAL AGGREGATF 2,000,000 PROOUCTS . COMP/oP AGG 2,000,000I 03/01/2016 o!01t2017 t COM ERCIAL GENERAL I-IABUTY cLArMs-lrADE [ *"r" GEN'LAGGREGATE UMIT APPLIES PER x x PRG flJECT L ]LOCPOLICY OTHER: x x EPP 01E2211 A COMEINED SINGIE ITMIT BODILY INJURY (Psr person) BOOLY INJURY (Per a.ci.,€n0 r,000,000, $ s I ; EBA 0182214 03t01t2017A AUTOT'OSIL! LI,ABIU'Y AfL O!"IED AUTOS HIREOAUTOS SCHEUJLED AUTOS NON4VINEO AUTOS x 1,000,000$x EACIlOCCURRENCE AGGREGATE 't,000,000sx UTIBRELIA UAB EXCESSTAB OCCUR ctttMs-LAoE EPP 0182214 03/01/2016 03101t2017 5 A oEo STATUTE OTH. ER E,L EACHACCIDENI E,L DISEASE, EA EMPLOYEE E L OISEASE. POLICY IIMIT $ I 5 woRxERs c(xPEt{s lloN IID EXPLOYERS' LIAIIUTY ANY PROPRIETOR,PARINER/EXECUNVE OFFICER/MEMSER EXCLUDED? DEscRrPTtoN oF oPERATtoNS b.td DESCR ION OF OPERATKIiaS / LOCAIOT{S ' VElllCLE3 I CORO lo',l, AddltiomlRmrt Llldrll. my b..trr.h.d I '!m.r.o L Dqdcd} The City ot lroridi.n is n.med .ddition.l insured in rcgad3 to General Li.bility per rorn GA233 02./07 (providod) Wriver ot Subrogrtion applies P,oiect Ten ile lnte.ch.nge Median South. Landlc.ping ACORD 25 (20lillo'l) SunghlrE Landrc.pe lnc ?O Box 74 erldl.n, lD 836,42 DRLoPERiloAEIc- 03/01/2016 f ll",rl I ttt THIS ENDOBSEMENT CHANGES THE POLICY. PLEASE READ TT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the follovring C,OMMERCIAL GENERAL UABILTTY COVERAGE PAFT A, Endorsemenl - Table ol Conlents: Coveaaoe: Employee Benefit Liability Covorage ............ Unintentional Failure to Disclose Hazards -... Damage to Premises Rented to You.,. ......... Supplementary Payrnents ........ .... Beoins on Pace: 1. 2. 3. 4. 5, 6. 7. 8. 9. 2 7 8I 9 Waiver of Subrogation . Automatic Additional lnsured - Specified Relaticnships: ..............- Managers or Lessors of Premises: Les€or of Leased Equipment; Vendors; State or Political Subdivisions - Permits Flelating to Premises; Siate or Political Subdivisions - Permits, and Contractors' Operalions 10. Broadened Conbactual Liability 'Work Within 50'ol Railroad Property ..... 11. Property Damage to Bonowed Equipment-........ 12. Employ€€s as lnsureds - Specified Health Care Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notic€ of Occunence........................ Medical Payments Voluntary Proporty Damage (Cov€rage a.) and Care, Cuslody or Conlrol Liabilily Coverage (Coverage b.).......................... l80 Day Coverage lor Newly Formed or Acquired Organizations..........-.. Seryices: ..... 14 ......14... 14 14 B. Umits ol ln3urancc: The Commercial General Liability Limits of lnsurance apply to the insurance provided by this endorse- ment, excepl as provided belonr: 1. Employee Benofil Liability Cov.ragc Each Employee Limit S 1,000,000 Aggregate Limit: $ 3,000,000Deductible: $ 1,000 3. Damage lo Premises Henl€d to You Th6 lesser of: a. The Each Occurrencs Limit shown in he Declarations; or b, $500,000 unless otheMise stated $ 4. Supdementary Paymenls a. Bail bonds. $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expanse Limit: $ 10,000 lncludes copyrighted material of lnsurance Sarvices Office, lnc., with its permission.GA 233 02 07 Page 1 ol 15 9 6. Volunlary Proporty Damage (Coverage a.) and Gare, Cuslody or Control Liabilily Coverage (Coverage b.) Limits ol lnsurance (Each Occunence) Covsrage a. $1,000 Coverage b. $5,000 unless olherwise stated Deduclibles (Each Occunence) Coverage a. $250 Coverage b. $25O unless otherwisa stated 11. Property Damage lo Borrowed Equipmcnt Each Occunence Limit. $ 10.@0Deductibl€: $ 25o $_ COVERAGE PREMIUM BASIS (a) Area (b) Payroll(c) Gross Sales (d) Units(e) Other RATE (For Limits in Excess ol $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,ooo) b. Care, Custody or Contol $ TOTAL ANNUAL PREMIUM $ C. Coverages: 1 Employee Ben€fit Liability Coverage a. The following is added to SECTION I - COVERAGES: Employee Benetil Liabilily Coverage. (1) lnsuring Agreement (a) We will pay hoss sums lhat the insured becomes legally obligat€d lo pay as dam- ages caused by any act, eI- ror or omission of h€ in- sured, or of any other per- son lor whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the righl and duty to defend the in- sured against any 'suit' seeking those damages. However, we will have no duty to defend against any "suit' seeking damages lo which this insurance does not apply. We may, al our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TION III . UMITS OF INSURANCE; and 2) Our right and duty to defend ends when we have used up tre ap- plicable limit of insur- ance in the paymenl of iudgments or settle- m6nts. No oher obligation or liabiF ity b pay sums or perlorm acts or services is covered unless explicitly provided lor under Supplemontary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli- genuy committed in the "adminiskation' of your "employee benefit pro- gram'; and 1) Occurs during the pol- icy penod; or 2) Occurred prior lo the eflectlve date of his endorsement provided: a) You did not have knowledge of a claim or "suit" on or b€forg he st fective date of this endorsement. You will be d6em€d lo have knowledge ol a claim or 'suit"when any 'authorized repre- sentative"; lncludes copyrighted material of lnsurance Services Oflice, lnc.. with its permission.GA 233 02 07 Page 2 ol l5 $_ i) Reports all, or any part, ol tre act, error or omission to usor any olher tnsurer: ii) Receives a written of ver- bal demand or claim for dam- ages because of the act, er-ror ol omis- sion: and b) There is no otrer applicable insur- anc,e. (2) Exclu3ions This insurance does not apply lo: (a) Bodily lniury, Properly Damage or Personal and AdYertiting lniury "Bodily in1ury', "property damage" or -personal and advertising iniury'. (b)obhonesl, Fraudulenl, Criminal or Malicinus Act Damages arising out of anyintentonal, dishonest, lraudulent, criminal or mali- cious act. enor or omission, committad by any insured, includino the lr/illful or reck- less vio[ation of any statute. (c) Failure to Psrlorm a Con- lract Damages arising out of lail. ure of performance of con- tract by any insurer. {d) lnsulficiency ol Funds Damages arising out of an insulficiency of funds to meet any obligalions under any plan included in lhe"employee benefit pro- gram' (e) lnadequacy ol Perform- ance ol lnvealmenl / Ad- vice Given With Respect lo Participalion Any claim based upon: 1) Failure ol any invest ment to perform, 2) Enors in providing in- formation on past per- lormance of investm6nt vehicles; or 3) Advi<- given to any person with respect to frat person's dacision to participate or not to participate in any phn included in the "em- ploye-e benefit pro- gram . (0 workers' Compensation and Similar Lawt Any claim arising out of your tailure to comply witr the mandatory provisions of any wor*ers' compensation, unemployrnenl compensa- tion insurance, social secu- rity or disability benefits hw or any similar law. (g) EBISA Damages lor which any in- sured is liable because ol lhbillly imposed on a fiduci- ary by the Employee Re- tirernent lncome Security Act ol 1974, as now or herealter amended, or by any similar federal, state or local laws. (h) Available Benefils Any chim for benelits to the extenl that such benefits are available, with reason- able affort and cooperalion ol the insured, trom the ap- plicable funds accrued or other collectible insurance. (i) Taxee, Fines or Penalties Taxes, fines or penalties, incbding those imposed under the lntsmal Revenue Code or any similar state or locallaw. 0) Employmenl-Related Praclices Any liability arising oul o, any: (1) Retusal to employ; (2) Termination of em- ploym€nt; (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment" humiliation, discrimina- lion or other employ- GA 233 02 07 lncludes copyrighted malerial ol lnsurance Services Offrce, lnc., witr its p€rmission.Page 3 ol15 ment-related practic€s, acts or omissions; or (4) Consequential liability as a result of (1), {2) or (3) abovo. This exdusion applies wheher he insured may be held liable as an amployer or in any other capacity and to any obligalion to share damages with or repay sornsone else who must pay damages because ol the iniury. (3) Supplomentary Paym6nts SECTION I - COVEBAGES, SUPPLEMENTARY PAY. MENTS.COVERAGESAAND B also apply to lhis Coverage. b. Who b an lnsured As resp€cts Employee Benefit Liabil- ity Cov€rage, SECTPN ll - WIP lS AN INSURED is d€let6d in its en- tirety and replaced by he following: (1) ll you are dasignated in the Declaration s as: (a) An individual,,you and your spouse are insureds, but only with respect to he conduct of a business o, 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 ars also insureds but only with respect to the conduct ot your business (c) A limited liability company, you are an insured. Your rnembers are also insureds, but only wittr respect lo the conducl of your business. Your managers are in- sureds, but only with re- spect to heir duties as your mana9ers. (d) An organization oth€r than a parhership, joinl venture or limitsd liability company, you are an insured Your 'exectttive oftbers" and di- rectors are insureds, but only wilh respect to th6ir duties as your officers or di. rectors Your stockhokjers are also insureds, but only with rospect to their liability as stockholders. c, lncludes copyrighted material ol lnsurance Services Otfice, lnc., with its pormission. (o) A trust, you are an insured. Your tuslees are also in- sureds, but only with re- spect b their duties as trustees. (2) Each ol the following is also an insured: {a) Each of your 'employees" who is or vi,as authorized to administer your "employee benefit program'. (b) Any persons, orgafiizationsor 'employees" having proper temporary auhori- zation to administer your 'employee benefit program' if you die, but only until your legal representativo ls ap- pointed. (c) Your legal representative il you die, but only with re- specl to duties as such.That repres€ntative will have all your rights and du- ti€s under this Coverage Part. (3) Any organization you newly ac- quire or form, oher than a part- nership. ioint ventuIe or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named lnsured if no other similar insuran@ applies to that organizafnn. However, cover- age under this provision: (a) ls afforded only until the 180th day atter you acquire or form the organization or the end ot the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission ttat was committed belore you ac. quired or formed lhe or' gan zalion. Limits of lneurance As respects Employee Benefit Liabil- ity Coverage, SECTPN lll - LllrlTS OF INSURANCE is deleted in its en- tirety and replac€d by the follort ing. (1) The Limits of lnsurance shown in Section B. Limils ot lnsur- ance, 1. Employee Benetil Li- abilily Coverage and lhe rules below fix tre most we will pay regardless of the number ol (a) lnsureds; GA 233 02 07 Page 4 ot 15 (b) Claims made or "suits' brought; (c) Persons or organizations making claims or bringing 'suits'; (d) Acts, enors or omissions: or (e) Benefits included in your 'employee benefit pro- gram". (2) The Aggregate Limit shown in Section B. Umite of lneurance, 1. Employee Bonelil Liability Coverage of this endorsement ls the most we will pay lor all damages because of acls, er- rors or omissions negligenty committ€d in the 'administra- tion" of your 'employee benefit program". (3) Subiect to the limil described in (2) above. the Each Employee Limit sho$/n in S€ction B. Limitsol lnsurance, 1. Employee Benefil Uability Goverage of this endorsement is the most \ e will pay for all damages sus- tainsd by any one "employee-, including damages sustained by such'employee's' dspendenb and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related acts, er- rors or omissions, regard- l€ss of the amount of time lhat lapses between such acts, errors or omissions, negligenty committsd in fle 'administration" ol your "em- ploy€e benelit program'. How6ver. the amount paid un- d€r this endorsement shall not exceed, and will be subiect to the limits and restictions that apply to the payment of benefits in anv olan included in the "em- ploye'e'benefit program'. ({) Deductible Amounl (a) Our obligation to pay dam- ages on behall ol lhe in- sured applies only to the arnount ol damages in ex- cess o[ the deductrble amount stated in the Decla- rations as applicabl€ to Each Employee. Ths limits ol insurance shall nol bo rsducod by lhe amount ol ttis deductible. (b) The deductibb amount stated in tre Declarations applies to all damages suslained by any one "em- ployee-, including such 'employs€'s" dependents and beneficiaries, because of all acts, enorc or omis- sions to which this insur- ance applies. (c) The lsrms ol this insurance, including those with respect to; 1) Our right and duty to defend ths insured against any "suits" seeking those dam- ages; and lncludes copyrilhtad material of lnsurance Services Offic€, lnc., w'tr its permission. Your duties, and the duties ot any olher in- volved insured, in the event of an act, error or omission, or claim, 2l apply inespeclive of the application ol he deductible amount. (d) We may pay any part or all of the deductible amount to effect settement of any claim or "suit' and, upon notification of he aclion taken, you shall promPdy reimburse us for such Part ol the deduclible amount as we have paid. d. AddilionalConditims As respects Employee Eenetit Li- ability Coverage, SEC]ION lV - COMIIERCIAL GET'IERAL UAAIL- lTY CONDIT|ONS is amended as lollows: (1) ltom 2. Dutiee in lhe EYGnt ol Occuttcncc, Ottan66, Claim or Suil is deleted in its entirety and replaced by the following: 2. Duties ih lhe Event ol an Act, Efto1 oI Omission, or Claim or Suil a. You must see to it hat we are noti- fied as soon as practicabl€ of an act, error or omission which may result in a claim. To lh€ extent possible, no- tice should include: (1) What tha act, error or omission was and when it occurred, and (2) The names and addrsss€s of anyone who may sutfer dam- ages as a result ol the act, enor or omlsslon Pago 5 ol 15GA 233 02 07 b. lf a claim is made or 'suit- is broughl againsl any insured, you must: (1) lmm€diately record the specifics ol the claim or "suit' and the dale received; and (2) Notfy us as soon as practicable. You must see to it thal we receive written notice of he claim or "suit' as soon as practicable- c. You and any oher involved insured musl: (1) lmmediately send us copies of any demands, nolices, sum- monses or legal papers re- ceived in connection wifr the claim or 'suit"; (2) Authorize us to obtain records and oher information; (3) Cooperate witr us in the investi- galion or settlernent of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the €nlorcemenl ol any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to whrch this insur- ance may also apply. d. No insured will, except at hat in- sured's own cost, voluntarily make a payrnent, assume any obligation. or incur any expense withoul our con- sent. (2) ltem 5, Olher lnsurance is de- leted in its enlirety and rsplaced by the following: 5, Olher lnsurance lf other valid and collectible insurance is available to tre insured for a loss we cover undsr this Coverag€ Part, our obligauons are limited as lollows: a. Primary lnsurance This insurance is pri- mary except when c. below applies. IJ this tnsurancs ts pnnary, our oblEations are not affected unless any of the other insurance is also primary. Then, we will share with all that oher insurance by the method described in b. below. b. Method o, Sharing lf all of the other insur- ance permits contibu- tion by equal shares,we will lollow tris method also. Under this approach each in- surer conhibutes equal amounts until it has paid ils applicable limit of insurance or none olttre loss remains, whichever comes first. ll any of he other in- surance does not per'mit contribulion by equal shares, we will conbibuts by timits. Under this method, eaoh insurer's share is based on the ratio of its applicable limit of in- surance to []e total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which he insured is entitled to recovery un-d6r any other insur- ance rn force previous to the etfective date of this Coverage Part. e, Additionalllefinilions As resp€cls Employee Benelil Li. abilily Coveralre, SECTION V - DEFINITIONS is amended as fol- lows: (1) The lollowing delinitions are added: 1.'Adminisfation'means: a. Provijing inlormation lo 'employees", including their dependents and beneficiaries. wih re- spect to eligibility tor or scope ol "employee benefit programs', b. lnterpretng theployee benefit grams''; 'em- pro- Handling connection "employee grams', or records inwith he benefit pro- c d E{fecting, continuing or terminating any "em- ployee's" participation lncludes copyrighted material of lnsurance Services Office, Inc., with its permissionGA 23s 02 07 Page 6 ot 15 in any benefit included in the 'amployee bene- ft program". However, "adminisbation' does not include: a, Handling payroll de- ductbns, or b. The lailure to offect or maintain any insurance or adequate limits of covorage ol insurance, including but not limitodto unemployment in- surance, social security benelits, workers' com- pensation and disability benerits. 2. 'Caf€t€ria plans" means plan authorEed by applica- ble law to allow 'employ- 6es" to elect to pay for cer- lain benefits ,rrith pre-tax dollars. 3. 'Employee benefit pro- grams' means a program providing some or all of he lollowing benelits to 'em- ployees", whetrer provided through a "catoteria plan" or otherwise: a. Group lit6 insurance;group accident or health insurance; den- tal, vision and hearingplans; and frexible spending accounts; provided that no one other han an 'em- ployee" may subscribeto such benelits and such bonefits are made generally available to hose "employees' who satisfy the plan's eligi- bility requirements. b. Profit sharing plans,employee savings plans, omployes slook ownership plans, pen- sion plans and slocksubsqiption plans, provided tnl no one other lhan an "em- ployee" may subscribelo such benefits and such benerits are made generally available toall 'employees" who are eligible under ha plan for such benelits, c. Unemployrnent insur- ance, social security benefits, workers' com- pensation and disability benelits, and d. Vacation plans, includ- ing buy and sell pro- grams; leave ol ab- sence programs, in- cluding mllitary, matBr- nity, tamily. and civil leave; tuition assis- tance plans; tanspor- lation and healh club subsidies. (2) The following definitions ar€ deleted in heir entireg and re- placed by the following: 21 . 'Suit" means a civil pro- ceeding in which money damages because of an act, enor or omission to which this insurance applies are alleged. 'Suit" includes: a, An arbitration Pro- ceeding in which such damages are clalmed and to which the in- sured must submit or does submit with our consent; b. Anv otrer alternative dis'pute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent or c, An appeal o{ a civil proc€eding. 8, "Employee" means a Per- son actively employed, ,or merly employ€d, on leave ol absence or disabled, orrotired "Employee" in- cludes a "leased worker'. 'Employee" does not in- clude a "temporary worker'. 2. Uninlentional Failure to Disclose Haz- ards SECNON IV - COMMERCIAL GENEHAL UABILITY CONOITIONS, 7. Represen- lations is hereby amended by the addi- tion ol the following: Based on our dep€ndence upon your representations as to existing hazards, if unintentionally you should tarl to disclose all such hazards at tho inc€ption date ot your policy, we will not reject coverage under this Coverage Part based sol€ly on such failure. lncludes copyrighted materlal of lnsurance Services Office, lnc.. wilh its permission.Page 7 oI 15GA 233 02 07 3 Damage to Premises Renled to You a. The last Subparagraph ol Paragraph2.SECTPNI-COVERAGES, COVERAGE A. . BODILY INJUBY AND PROPERW DA['AGE. 2. LI. ABILITY Exclusions is hereby de- lsled and replaced by the tollowing: Exclusions c. hrough q. do not applyb damag€ by fire, explosion, li;ht- ning. smoke or soot to premises while rented to you or temporarily occupied by you with permission ot he owner. b. The insurance provided under SEC- TION I . COVERAGES, COVERAGE A. BODILY INJURY AND PROP. ERTY DAMAGE UABIUTY applies to 'prop€(y damage" arising out ol water damage lo premises hat are both rented to and occupied by you. (1) As respects Waler Damage Le-gal Liabilily, as provided in Paragraph 3.b. abovg: The exclusions under SECTION I . COVERAGES, COVERAGEA. BOD]LY INJURY ANO PROPEBTY DAMAGE IIABIL. lTY, 2. Exclusions, other than i. War and lhe Nuclcar Enorgry Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a) -Property damage": 1) Assumed in any con- tractior 2) Loss caused by or re- sulting ,rom any of he following: a) Wear and tear. b) Rust, conosion,fungus, decay, deterioration, hid- den or Iatent de- feci or any qualityin property that causes it to dam- ag€ or desboy it- self; c) Smog; d) Mechanical breakdown in- cluding rupture or bursting causedby centrifugal force. e) Settling, cracking, shrinking or ex- Panson; or f) Nesting or inlssta. [on, or dischargeor relsase ol waste products or secretions. by in- sects, birds, ro- dents or other animals. (b) Loss caused dir€cUy or indi" rectly by any of lhe follow- tng: 1) Earthquake, volcanic eruption, landslide or any oher eartr move- ment: 2) Water ttrat backs up or overffows lrom a sewer, drain or sump; Water under ttre ground surlace press- ing on. or flowing or seeping through: a) fuundations, walls, floors or paved surfaces; b) Basements, whether paved or not; or c) Doors, windows or other openings. (c) Loss caused by or resulting lrom water trat leaks or flows from plumbing, heat- ing, arr conditioning, or fire protection systems caused by or resutting trom freez- ing, unless: 1) You did your best to maintain heat in the building or skucture; or 2) You drained the equipment and shut orl the water supply il the heat was not main- tained. (d) Loss to or damage to: 1) Plumbing, heating, air mnditioning, fire pro- tection systems, or other equipment or ap- piiances; or 2) The interior of any building or structurs. or to personal prop€rty in the building or slructure 3) lncludes copyrighted material of lnsurance S€rvices Office, lnc.. with its permission.GA 253 02 07 Page I ol 15 4 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or nol. c, Umil ot lnsurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION lll - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, lhe Damage to Premis€s Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY OAITAGE UABIUTY, for damages bacause ol"property damage" to premis€s while tsnted to you or tsmporarily occupied by you with permission of &e owner, arishg out of any one "occurrence" to which this insurance ap- plies. (3) The amounl we will pay is llm- ited as described in Section B. Limits ot lnswance, 3. Dam- agc lo Premises Renled to You of his endorsement. Supplemontary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER. AGES A AND BI a. Paragraph 2. is replaced by th€ lol- lowing: Up to the limit shown in Section B. Limils of lnsurance. 4.a. Bail Bonds of this endorsernent lor cost of bail bonds required because ol acollents or kaffic law violations arising out of the use of any vehicle lo which the Bodily lnjury Liability Coverage ap-plies. We do not have to furnish ftese bonds. b. Paragraph 4. is replaced by $e fol- lolYing; All reasonable expenses incuned by tfre insured at our request to assist us in he investigation or defonse ol $e claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits ol lnsurance, 4.b. Loss of Eamings ol this en- dorsement per day because ol lime off lrom wo* 5. Medicat Payments The Medical Expense Limit of Any One Person as statsd in the Declarations is amonded to the limit shown in Section B. Limils ot lnsurance, 5. Itledical Pay- m6nls of this endorsement. 6. Voluntary Proprly Damage and Care, Cuslody or Conlrol Liability Coveiagc a. Voluntary Prop€rly Damage Cov- erage We will pay for 'property damage" to prop€rty o, ottrers arising out of op- erations incidenhl to the ,nsur€d's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in ths in- sured's possession. Wifr your consent, we will make hsse paymonts regardless of fault. b. Care, cuotody or Control Liability Covelage SECTION I - COVERAGES, COV. ERAGE A" BODILY IilJURY AND PROPERTY OAMAGE UABIUTY, 2. Exclusions, i. DamaEG to Propc.ly, Subparasraphs (3), (a) and (5) do not apply to 'properly damage' to he property ol o0rers described herein. Wih respect to lhe insurance provirled by his section ol the endorsement. he tol- lowing additional provisions apply: a. The Limits of lnsurance shown in the Declarations are replaced by he lim- its designated in Siction B. Limits ot lrlsurance, 6. Voluntary Property Damage and Care, cuelody ot Control Liability Coverage of this endorsement wih respect to cover- age provided by this endorsement. These limits are inclusive of and not in addilion lo the limits being re-placed. The Limils of lnsurancs shown in Section B. Limits ol ln6ur- ance. 6. Voluntary Property Dam- age and Care, Cuslody or Conlrol Liability Coverage of his endors€- rnent tix the mosl we will pay in any ona "oocun6nce" rsgardless ol the number of: (1) lnsuredsl (2) Claims made or 'suits' brought; or (3) Persons or organizations rnak ing claims or bringing 'suits'. lncludes copyrighted malerial ol lnsurance Servrces Otlice. hc., wih its permission.GA 233 02 07 PagE I ot 15 b Deduclible Clause (1) Our obligation to pay damages on your behalf applies only to the amount ol damages for each'occunence- which are in ex- cess of the deductible amount stated in Section B. Limils ol lnsutance. 6. Voluntary ProF erly Damago and Care. Cus- lody or Contloi Liability CoY- erage of this endorsemenl. The limits ol insurance will not be re- duced by the application of such deduclibl€ amount. (2)Condition 2. Duties in lhe Evenl ol Occurrence, Otfense, Claim or Suil, applies to each claim or-suit' irrespective oI the amount. (3) We may pay any part or all ol he deductible amount to effecl settlem€nt of any claim or 'suit" and, upon notification of lhe ac- tion taken, you shall promptly reimburs€ us for such part of the deductible amount as has been paid by us 18O Day Coverage lor lGwly Formed or Acquired Organizations SECTION ll - WHO lS AN INSUBED is amended as lollows Subparagraph a. ol Paragraph 4. is hereby deleted and replaced by he fol- lowing: a. lnsurance under this provision is al- forded only until th€ 180th day after you acquire or form ho organizationor lhe end of the policy period, whichever is earJier; Waiver ol Subrogalion SECTION IV . COMMERCIAL GENERAL LIABIUTY CONDffiONS, 9. Transler ol Pighls ol Recovery Against Olhcrs lo UC is hereby amended by he addition of the following: We waive any right of recovery we may have because ol payments we make Ior in.iury or damage arising out of your on- going operations or "your work" done un- der a written contract r€quiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our righls may only be waived prior to he "occur. rence" giving rise to lhe iniury or damage for which we make payment under fiis Coverage Part. The insured must do nothing after a loss to impair our rights. At our reqdest, the insured will bring 'suit' ol transfer those rights to us and help us enrorce hose rights. 9. Aulomalic Additional lnsured - Speci- fi€d Relalion3hips a. The following is hereby added to SECNON II . WHO IS AN INSURED: (1) Any psrson or organization de- scribed in Paragraph 9.a.(2) b€bw (hereinafter refened to as additional insured) whom you are required to add as an addi- tional insured und6r this Cover- age Part by reason of: (a) A writlen conbact or agreement; or (b) An oral agre€ment or con- tract where a c€rtificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral conlract or agresrnent is: 1) CunenUy in etfect orbeconps etfective during he policy Pe- riod; and 2) Execuled prior to an 'occunence" or oftense to which this rnsurance would apply; and (b) They ar€ not specifically named as an additional in- sursd under any other Pro-vision ol, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsemenl, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lsssor o[ a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance. but only with respect to liabrlity aris- ing out of tle ownership, maintenance or use of that part ol a premises loased to you, subject to the follovv.ng additional excJusions: This insurance does not apply to: 1) Any "oc,cunence" which lakes place after 7 I Includes copyrighted material of lnsurance Servicas Otfice, hc., with its permission.GA 233 02 07 Page 10 ol 15 you cease to be a ten- ant in that promises 2) Slructural alterations, new constuction or demolilion op€rations perlormed by or on be- hall of such addilional insured. (b) Any person or organization hom which you lease equiprn€nt wih whom you have agreed per ParagraPh 9.a.(1) abova lo provide in- surance. Such person(s) or organizaton(s) are insureds solely with resp€ct to their liability arising out ol he maintenance, operation or use by you of equipmenl leased to you by such per son(s) or organizations(s). How€ver, ris insurance doss not apply to any "oc- currence' which takes place aller the equipment lease exPlres. (c) Any person or organization (refened to b€low as ven- doO with whom you have agrssd par Paragraph 9,a.(1) above to provide in- suranc€, but only wih re- spect to "bodily injury" or 'property damage' arising out of 'your products" which ara diskibuted or sold in the regular course of he ven- dor's business, subject to the lollowing additional ex- clusions: 1) The insurance aftorded the vendor does not aPply tol a) "Bodily injury' or "property damage" for which the ven- dor is obligat€d ic pay damages by reason ol dre as- sumption of liabil- ity in a conlract or agreenr€nt. This exclusion does nol apply to liability tor damag€s hat thevendor would have in the ab. sence of the con-tract or agr€e- ment; b) Any express war- ranty unauthorized by you; c) Any physical or chemical changein the product made intentionally by lhe vendor; d) R€packaging, un-less unpacked solely lor he pur- pose of insp€ction, damonstration. tssting, or lhesubstitution ofparts under ih- structions from the manufaciurer, andhen repackagedin the original conhiner; e) Any failuro to make sucfr in - spections, adjust- ments, tests or servicing as thevendor has agreed to maka ornorma[v under- takes ti: make in the usual courseol business, in connection with the dislribution or sale ol the prod- ucts; l) Demonstsaticn, rn- stallation, servic- ing or repair op- erations, exceptsuch operations performed at the vendor's premises in connection withthe sale o, the product; g) Produots which, after distibution or sale by you, have been labeled or relabeled or usedas a container. part or ingredient of any other thrng or substance by or for the vendor. 2) This insurance does not apply lo any in" sured person or or- ganization: a) From whom youhave acquired such products, orany ingredient, part or container, entering into, ac- GA 233 02 07 lncludes copyr8hted malerial ol lnsurance Servrces Office. lnc., nrith its permission.Page 11 ol 15 (d) (e) companylng or containing such products; or b) When liability in- cluded within the "products- completed opera- tions hazard' hasbeen €xcluded under fiis Cover- age Part wih re-spect to such producls. Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1) above lo provide in- surance, subiect lo he lol- lowing additronal provision: This insuranc€ applies only with respect to he following hazards for which the state or political subdivision has issued a permil in connec- tion with premises you own, rent or control and to which tlis insuranc€ applies: 1) The exislence, mainte- nance, repalr, con- struction, erectlon, or removal of. advertising stgns, awnrngs, cano- pies, cellar enfances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, streel banners, or decora- tions and similar expo- sures; or 2) The consbuction, erec- tion, or removal of €ls- valors: or 3) The ownership, main- tenance. or use of any elevators covered by his insurance. Any state or political 6ubdi- vision wift which you have agreed per Paragraph 9,a.(l) above to provide in- surance, subiect to the lol- lowing provisions: t) This insurance applies only with respect to op- erations perlormed by you or on your behall lor which the state or politrcal subdivision has issued a permit. 2) This insurance does not apply to 'bodily in. iury', "property dam- age" or 'personal and advertising injury' aris- ing out of operations pertormsd for ha state or political subdivision. (0 Any porson or organization with which you have agreedper Paragraph 9a.(1) above to provide insurance, but only with respect lo li- ability arising out ol 'your work' performed lor that additional insured by you or on your behalf. A person or ofganizaton's status as an insurad under this provision of this endorsement contin- ues for only tre period ol time required by the written contract or agreement, but in no event beyond the ex' piration date ol this Covet- age Part. lf drere is no written contact or agree. menl or if no perbd of time is required by 6e written conbact or agreernent, a p€rson or organization's slatus as an insursd underlhis endorsement ends when your operations for that insured are comploted. (3) Any insuranc€ provided to an addilional insured designated under Paragraph 9.a.(2): (a) Subparagraphs (e) and (f) does not apply to -bodily iniury" or "property damage" included wilhin the "prod- ucts{ompleted operations hazard,; (b) Subparagraphs (a). (b), (d). (e) and (l) does not apply to 'bodily injury", "property damage' or "personal and advertising irjury" arising out of the sole negligence or willful misconduct of th€ additronal insured or heir agents, 'employees' or any other representative ol the additional insured, or (c) Subparagraph (f) does not apply to 'bodily injury". 'property damage" or 'per- sonal and advertising injury" arising out of: 'l) Delects in desQn fur- nished by or on behalf lncludes copyrighted material ol lnsurance Services Office, lnc., with its permission.GA 23s 02 07 Page 12 of 15 of the additional in- sured; or The rendering ot, or failure to render, any professional architec- tural,.engineedng.or surveyrng servrces, m- cluding: a) The preparing, approving or fail- ing to prepare orapprove maps,shop drawhgs, opinions, reports, surveys, fi€ld or- ders, change or- ders or drawings and specifications; and b) Supervisory, in-speclion, archi- lectural or engi- neering activilies. 'Your work' for which a consolidated (wrap-up) insurance program has been proviCed by he primecontracto rproiect manager or owner ot the consuuction proiect in which you are in- volved. b. Only wittr regard to insuranc€ pro- vid6d b an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECnON lll - UllllS OF INSURANCE is amended to include: The limits applicable to he additional insured are those specifud in the written contract or agreement or in tre Declaratibns of *ris Coverage Part, whichever are less. ll no limits are specified in the written contracl or agrsemonl, or if there is no written contract or agrssmont, tho limits ap- plicable to the additional insursd are those specified in fle Declarations of this Coverage Part. The limits ol in- surance are inclusive ol and not in addilion to tre limits of insurance shown in the Dsclaralions. c. SECTION lV - COt IIEBCIAL GEN- ERAL LIABILITY CONIXTIONS is hereby am€nded as ,ollows: (1) Condition 5. Olher lnsurance is amended to include: (a) Where required by a writtan conbact or agreement, this insurance is primary and /or noncontributory as re- spects any olhsr insurance policy issued to the addi- tional insured. and such oher insurance policy shall be excess and / or noncon- tributing, whichever applies, with this insurance. (b) Any insurance provided by this andorserrrent shall be primary to other insurance available to the additional insured except: 1) As otheMise providedin SEGTION lV COMMERCIAL GEil.ERAL LIABILITY CONDITIONS, 5. Olhcr Insurance, b. Excess lnsurance; or 2) For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachmenl of an en- dorsement to another insurance policy that is written on an excess basis. ln such case, the covgrage provided under this endorse- menl shall also be ex- c€ss. Condition 11. Cofllormance lo Specili,c Yvritlen Contract or Agroement is heroby added: 11. Contormance lo SpeciricWritlen Contact ol AEreement Wth respect to additional insureds described in Para- graph 9.a.(2)(l) above only; 11 a written contract or agreement between you and the additional insured specifies that coverage lor the additional insured: a. Be provided by ttre ln- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (whore edition specified); or b. lnclude coverage for completed operations; ol c. lnclude coverage for 'your work'; and where the limits or cov- erage provided to the addi- 2) 3) (2) GA 2q, 02 07 lncludes copyrighted material ol lnsurance Services Otfice. lnc.. with its permission.Page 13 ol 15 tional insured is more re- strictive than was specifi- cally requir€d in that written contracl or agreoment, lheterms of Paragraphs 9.a.(3)(a). 9.a.(3xb) or 9.b. above, or any combination thereof, shall be interpreted as providing the limils or ooverags requirad by the terms ol the writt€n contract or agrooment, but only to the extent hal such limits or covsrage is hcluded within the terms of the Coverage Part to which tris endorse- ment is attached. lf , hovt- €ver, the wriften contract or agroement specilies ihe ln- suranc€ Services Offrce addilional insured form number CG 20 10 but does not specify which edition, or specifies an editlon that does not exist, Paragraphs 9.a.(3xa) and 9.a.(3xb) ol this endorsement shall not apply and Paragraph 9.b. of his endorsement shall ap- plv. 10. B.oadened Conlractual Uability - \{ork Within 50' ot Raihoad Property It is hereby agreed that Paragraph t.(l) ol Definition 12. 'lnsured contract' (SEC- TION V - DEFNmONS) is d6leted. 11. Property DamaEe to Eorrowed Equip. menl a. The following is hereby added to Ex- clusion i. Damage lo Prop6rly of Paragraph 2.. Exclusione of SEC- TION I - COVEBAGES, COVERAGE A. BODILY INJURY AltlD PRoP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (a) of this exclu- sion do not apply to tools or equip- mant loaned lo you, provided they are not being used to perlorm opera- tions at the time of loss. b. Wth respect to th€ insurance pro- vided by this section of the 6n- dorsem€nt, the lollowing additional provisions apply: (1) Tle Limits of insurance shown in the Declaratjons are replaced by the limits designated in Sec- tion B. Limits of lneurance, '11. of this endorsement with respecrto coverage provided by this endorsement. These limits are inclusive ol and not in addition tohe limits being replaced. The Limits of lnsufance shown in Section B. Limila of lnsulance, 11. of this endorsemenl fix the most ws will pay in any one "oc- c{.rnence' regardless of the number ol: (a) lnsureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bnng'suils" (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to lhe amounl of dam- ages for each 'occ{rence- which are in excess ot the Deductible amount stated in Section B. Limits ol lnsur- ance, 11. of his endorse- ment. The limits ol insur- ance will not b6 reduced by he appltcation of such De- ductible amount. (b) Condition 2. Duties in the Evenl ol Occurrence, Ol- lense, Glaim or Suil, ap- plies lo each claim or 'suit" inespective of the amount (c) We rnay pay any part or all of he deductible amount to effect settemenl ol any claim or "suit" and, upon notification ol the action taken, you shall prompUy reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as lnsurods Specitied Health Cere Services It is hereby agrssd that Paragraph 2.a.(1xd) o, SECTION ll - WHO lS AN INSURED, does nol apply to your 'em- ployees" who provide prolessional health care sorvices on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdicton wh6r6 an 'b@unence" or offense to which 0ris insurance applies takes place. 13. Broadened Nolico ol Occurronce Paragraph a. of Condition 2. Dulios inthe Evenl ot Occurrence, Ottense, Claim or Suit (SECTION lV - COIIMER- CIAL GENERAL LIABILITY CONDI. GA 233 02 07 lncludes copyrighted material of lnsurance Services Orfice, lnc., with its permission.Page 14 ol 15 TIONS) is hereby deleted and replacad by the following: a. You must se€ to it that we are noti- fisd as soon as practicable ol an "occunence' or an oflense which may result in a claim. To lhe extent possible, notics should include: (1) How, when and where lhe "oc- cunence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The natur€ and location of any injury or damag€ arising oul ol the 'occurrence' or offense. This requirernent applies only when the "occunence' or of{ense is known lo an "authorized re pre sentative ". lncludes copyrighted material of lnsurance Services Office, lnc.. with ils permission.GA 233 02 07 Page 15 ot 15 BI D R E S U L T S S i g n e d A d d e n d u m 1 A d d e n d u m # 2 A d d e n d u m # 3 B i d B o n d L i c # S u b s x x x x x x x x x x x x x x x x x x x x x x x x x x x At t e s t : K e i t h W a t t s DU E D A T E & T I M E : S e p t e m b e r 1 3 , 2 0 1 6 2 : 3 0 BI D N U M B E R : P K S - 1 6 5 4 - 1 0 7 0 6 . a BI D N A M E : T e n M i l e I / C M e d i a n S o u t h - L a n d s c a p i n g $9 0 , 9 5 6 . 0 0 BI D A M O U N T $1 7 5 , 8 0 0 . 0 0 $1 5 7 , 3 7 5 . 0 0 $7 0 , 5 6 2 . 0 0 Op e n e d b y : K a r e n W o o d d e l l VE N D O R Pi o n e e r L a n d s c a p e St e r l i n g L a n d s c a p e Fr a n z W i t t e L a n d s c a p e Su n s h i n e L a n d s c a p e City Of ueridie! Det.ailed Statement of Reveflues and ExperrdiEures - Rev and Exp Report - Keith Repott 5200-Palha-AdEia 01 - c.n6.rl Purd Ftotm LO/L/2Ot6't}]to]ug}. 9 /30 /z1t'l unposted Transactions Included In Budget with Current Year Budget Remaining Percent of Budget Remaining Capitaf OLrElay streetscape irrigation landgcaping Carryforward Tolaf Capitsal Outfay 146,748.49 0.00 146. 74A.4A 100 .00* 146 748 .4A 0.00 r00 .00t TOTAI, EXPENDITURES r00.00t Dare | 10/13/16 12:.3,r9 P!.t 93405 Carr. . . 146,749 .49 L45,748.48 0.00 t46, 748.48 PublicWorks Search { print Page I of I ffi ffi* #" # * ffi* ffi ffi ffi*' #* ffi ''* ffi*Parcnt License 02195, o223t) 42232 02260 02410 02900, 02910, 02935 2I2ADO11Ba36A! 1208) 8€4- 4036 PO BOI72! MERIDIAN IO15124 https://web.dbs.idaho.gov/eTRAKiT3/Custom,{daho publicWorksprint.aspx 9/16t2016