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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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SUNSHINE CAPE, INC.
BY:77777
b1i
Approved by Council: GID t / // )0 ��PORATEOq&'G
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Attest: ' L
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C. JAY C LES ITY CLERK m2 S�q"o
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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
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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
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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
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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
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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
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PROOUCER
The Harlwell Co,poratlon
PO Box ,100
Caldwell, lO 83506
INSURED
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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
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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.
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PERSONAL & AOV INJURY 1,000,0005
GENERAL AGGREGATF 2,000,000
PROOUCTS . COMP/oP AGG 2,000,000I
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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
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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
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License
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42232
02260
02410
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02935
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4036
PO BOI72! MERIDIAN IO15124
https://web.dbs.idaho.gov/eTRAKiT3/Custom,{daho publicWorksprint.aspx 9/16t2016