Independent Contractor Agreement with Stevens and Sons for 77 Acre Park Well DevelopmentAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
77 ACRE PARK WELL DEVELOPMENT
PROJECT # 10121.0
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this
6th day of May, 2014, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Stevens & Sons Well
Drillina. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 2794
Greenwood Circle, Boise, ID 83706, _and whose Public Works Contractor License # is
PWC -C-12526.
INTRODUCTION
Whereas, the City has a need for services involving 77 ACRE PARK WELL
DEVELOPMENT; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Agreement 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 Attachment "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
77 ACRE PARK WELL DEVELOPMENT page 1 of 10
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state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor underthis 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 underthis
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 Attachment B "Payment Schedule" attached hereto and by reference made a
part hereof for the Not -To -Exceed amount of $92,784.00.
2.2 The Contractor shall provide the City with a monthly statement, 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) unless sooner
terminated as provided below or unless some other method or time of termination
is listed in Attachment 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 Attachment 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.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) 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 two hundred fifty dollars
($250,00) 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.
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations underthis 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.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. independent Contractor:
5.1 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
77 ACRE PARK WELL DEVELOPMENT page 3 of 10
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expressly provided in Attachment 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.
5.2 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.
5.3 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.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and
for any and all losses, claims, actions, judgments for damages, or injury to persons
or property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the performance
of this Agreement by the CONTRACTOR, its servants, agents, officers,
employees, guests, and business invitees, and not caused by or arising out of the
tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and
specifically agrees that it will maintain, throughout the term of this Agreement,
liability insurance in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per
incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in
the statutory limits as required by law.. The limits of insurance shall not be deemed
a limitation of the covenants to indemnify and save and hold harmless CITY; and if
CITY becomes liable for an amount in excess of the insurance limits, herein
provided, CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments for
damages or injury to persons or property and other costs, including litigation costs
and attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
77 ACRE PARK WELL DEVELOPMENT page 4 of 10
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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.
6.2 Any deductibles, self-insured retention, or named insured 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.
6.3 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
6.4 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.
6.5 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
7. 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.
8. 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.
9. 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:
77 ACRE PARK WELL DEVELOPMENT page 5 of 10
Project 10121.0
CITY
CONTRACTOR
City of Meridian
Stevens & Sons Well Drilling, Inc.
Attn: Keith Watts,
Attn: Ron Stevens
Purchasing Manager
33 E Broadway Ave
3709 Hawthorne Drive
Meridian, ID 83642
Boise, ID 83703
208-489-0417
Phone: 208-859-0276
Email: ronman@Q.com
Idaho Public Works License # PWC -C-12526
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.
10. 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.
11. 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.
12. 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.
13. Discrimination Prohibited: 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.
14. Reports and Information:
14.1 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.
14.2 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
77 ACRE PARK WELL DEVELOPMENT page 6 of 10
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representation including letters, words, pictures, sounds or symbols or any
combination thereof.
15. 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.
16. 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.
17. 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.
18. Changes: The CITY may, from time to time, request changes in the Scope of Work
to be performed hereunder. Such changes, including any increase or decrease in
the amount of CONTRACTOR'S compensation, which are mutually agreed upon by
and between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
19. 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.
20. 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.
21. 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.
22. 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.
23. Order of Precedence: The order or precedence shall be the contract agreement,
the Invitation for Bid document, then the winning bidders submitted bid document.
77 ACRE PARK WELL DEVELOPMENT page 7 of 10
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24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. In addition, the CITY will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by any such
release.
25. 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.
26. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN
BY:
IV] AYOR—
C, har - %�0aAtt..C.l. ,� �or �n c r fir�J i L
Dated:
Approved by Council:
STEVENS AN SO W L LLING, INC
BY:
RON STEVENS
Dated:
Atte city )f
A� // :2��A rtme Approval
AY EE HOLMAN, CITY CLE °�'ti� t
SEAL
�Y
f�R Try rE .ue4 EVE IDDOWAY, P rks Dept. Dir cto
Purchasing Approval�
Dated:: �✓ 1
BY:
KEIT ATTS, Purchasing Manager
Dated:;
Project Manager, Mike Barton
J��(v//�
77 ACRE PARK WELL DEVELOPMENT
Project 10121.0
page 8 of 10
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID PKS-14-10121.0
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PKS-14-10121.C, are by this reference
made a part hereof.
77 ACRE PARK WELL DEVELOPMENT page 9 of 10
Project 10121,C
Attachment B
MILESTONE 1 PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$92,784.00.
Milestone 1 I Final Completion 190 (ninety) days
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
77 ACRE PARK WELL DEVELOPMENT project per 1FB PKS-14-10121.0
CONTRACT TOTAL ....................... 192,784.00
CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE
Item
No.
VERIFICATION
AND ANY INCREASES OR DECREASES IN WORK REQUESTED BY CITY.
Descri tion Quantity Unit Unit Price
1
Mobilization and Demobilization
1
LS
$4,500
2
Drill Borehole
450
LF
$80.00
3
Furnish and Install 10 -Inch Steel Well Casing
42
LF
$42.00
4
Furnish and Install 10" PVC Well Casing
330
LF
$38.00
5
Furnish and Install 10 -inch Well Screen
80
LF
$186.00
6
Furnish and Install Sand Filter Pack
100
LF
$35.00
7
Furnish and Install Annual Well Seal
350
LF
$35.00
8
Well Development
4
Hr.
$225.00
9
Furnish, Install, and Remove Test Pump
1
L5
$2,800.00
10
Test Pumping
8
Hr.
$150.00
11
Rig Time
2
Hr.
$225.00
12
Geophysical Logging
1
L5
$2,000
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
77 ACRE PARK WELL. DEVELOPMENT page 10 of 10
Project 10121.0
CITY OF MERIDIAN
CONTRACT/AGENDA REQUEST CHECKLIST
Date: 5/5/2014 REQUESTING DEPARTMENT PARKS
Fund: 7 Department: 5200 GL Account: 96927
Construction: X PSA:
Project Name: 77 ACRE PARK WELL DEVELOPMENT
Project #
Task Order:
Project Manager: Mike Barton Department Representative: n/a
Contractor/Consultant/Design Engineer: SPF Wataer Engineering/ Stevens & Sons Well Drilling
Budget Available (Attach Report): Yes Contract Amount: 92,784.00
Will the project cross fiscal years? Yes No X
Budget Information: FY Budget: 14 Enhancement#: 2 Grant #:
Other: Type of Grant:
CONTRACT CHECKLIST
BASIS OF AWARD
Low Bidder X Highest Rated Master Agreement
(Bid Results Attached) Yes (Ratings Attached) (Category)
Typical Award Yes X No
If no please state circumstances and conclusion:
10127.0
10 Day Waiting Period Complete: Yes Date Award Pasted: April 18, 2014
PW License # PWC -C-12526 Current? (attach print out) Yes Correct Category? Yes
Corporation Status (Attach Print Out): Goodstanding
Insurance Certificates Received (Date):
Payment and Performance Bonds Received (Date):
Builders Risk Ins. Req'd: Yes No X
April 28, 2014
Rating: A+
April 28, 2014 Rating: A+
If yes, has policy been purchased? n/a
Date Submitted to Clerk for Agenda: May 5, 2014 Approved by Council May 13, 2014
Issue Purchase Order No. Date Issued: WH5 submitted
Issue Notice of Award: Date: NTP Date:
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
5200 - Parks - Admin
07 - Impact Fund
From 10/1/2013 Through 9/30/2014
Capital Outlay
96927 77 acre South Park
10121 South Meridian Property
10121.a 77 Acre Park Well and Pump
Conceptual Design
Total Capital Outlay
TOTAL EXPENDITURES
Percent of
Budget with Current Year Budget Budget
Amendments Actual Remaining Remaining
295,500.00 0.00 295,500.00 100.00W
0,00 9,186.00 (91186.00) 0.00%,
295,500.00 9,186.00 286,314.00 96.89%
295,500.00 9,186.00 286,314.00 96.89%
Dat0: 5/5/14 04:32:33 PM page: 1
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AAS
NAS SURETY GROUP
North American Specialty Insurance Company
Washington International Insurance Company
North American Elite Insurance Company
PERFORMANCE BOND
Bond No. 2182058
KNOW ALL MEN BY THESE PRESENTS: That Stevens & Sons Well Driliina. Inc.
(insert name and address, orlegal lino, of contraclor)
3709 Hawthorne Drive, Boise, ID 83703 as Principal,
hereinafter called Contractor, and North American Specially Insurance Company ,as Surety,
hereinafter called Surety, are held and firmly bound unto City of Meridian
(Insert name and addross, orlegal lige, of ownor)
33 E. Broadway Ave., Meridian, ID 83642 as Obligee, hereinafter called Owner In the
amount of Ninety Two Thousand Seven Hundred Eighty Four Dollars and 001100
Dollars ($ 92,784.00 ) for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents.
WHEREAS, Contractor has by written agreement dated May 6, 2014
entered into a Contract with Owner for 77 Acre Park Well Development
in accordance with drawings and specifications prepared by
(Welt hell rmw and Ullc)
which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever Contractor shall be, and declared by Owner to be In default under the Contract, the Owner having performed
Owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and
conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract
between such bidder and Owner and make available as work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of
the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor
ceases work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs, executors, administrators or successors of Owner.
Signed, sealed and dated May 6, 2014
Stevens & o s ell Dril ng , c.
By
North American Specialty Insurance Company &reio>f;
Surety t SEAL
1973
By & �2 -
Rev&1103
w ,
A045
NAS SURETY GROUP
North American Specfalty Insurance Company
Washington International Insurance Company
North American Elite Insurance Company
PAYMENT BOND
NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF TME OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE of THE
CONTRACT.
Bond No.
KNOW ALL MEN BY THESE PRESENTS That Stevens & Sons Well Drillinq, Inc.
2182058
(Here insert the name and address, or legal title, or the contractor)
3709 Hawthorne Drive Boise ID 83703 as Principal,
hereinafter called Principal, and North American SpeclaltV Insurance Company as Surety,
hereinafter called Surety, are held and firmly bound City of Meridian
(Hare Insert the name and address, or legal title, or the owner)
33 E. l3roadwa Ave., Meridian ID 83642 , as Obligee,
hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
Ninety Two Thousand Seven Hundred Eighty Four Dollars and 001100 Dollars (592,78_4.04 1, for the
payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated May 6 2014
entered into a Contract with Owner for 77 Acre Park Well Development _
in accordance with drawings and specifications prepared by
(Here Insert full name and title)
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions.,
1. A claimant is defined as one having a direct contract with the Principal or with the sub -contractor of the Principal for
labor, materlal, or both, used or reasonably required for use in the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last
of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for
the use of such ciairriant in the name of the Owner, prosecute the suit to final judgment for such sums as may be justly due
claimant, and have execution (hereon, provided, however, that the Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant.
a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the
Surety above named, within ninety (90) days after such claimant did or performed the fast of the work or labor, or furnished the
last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surely, at any place
where an office is regularly maintained for the transaction of business, or served in any manner In which legal process may be
served in the state in which the aforesaid project is located, save that such service need not be made by a public officer.
b) After the expiration of one (1) year fallowing the date on which Claimant ceased work on said Contract.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the
project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith
hereunder, inclusive of the payment by Surety of mechanics liens which may be fit r record against said Improvements,
whether or not claim for the amount of such lien be presented under and against this ond.
Signed, seated and dated May 6, 2014
Stevens
STA
By
Rev SM143
I
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance
Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,
Illinois each does hereby make, constitute and appoint: Brenda J. Smith
Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond:
Principal: Stevens & Soils Well DI-Iiling, Inc. Bond Number: 21$205$
Obligee: City of Meridian Bond Amount: See Bond Form
Bond Description: 77 Acre Park Well Development
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of-
FIFTY
f
FIFTY MILLION ($50,000,000) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on
the 9'h of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in
the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is
authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
�`��� i1ALiTy/rKPf�f By
a ra.•'S1P0►f'' G•�k):'OAPbq'•Vfi
Rf••, 5levenP.Anderson. Senior Vice President of WashingtanInternational Insurance Company t+
$3 F•'
�: = & Senior Vice President of North American Specially Inaumace Company r:5:AL SEAL YT 9i
,�
:m
Em
By
David M. layman, Vice President of ashinglon Intematiional Inswance Company !iJ •"• ••"'i
& Vice President of North American SpeciallylnsuranceCompany
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2511-1 day of. May 20 12 .
North American Specialty Insurance Company
Washington International Insurance Company
State orlllinois
County of Cook ss:
On this 25ih day of _ May 20 12 , before me, allotary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.,Layman
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally
known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said
instrument to be the voluntary act and deed of their respective companies.
E
SKLENSic, State of [EliaoisDonna D, Sklens, Notary Public
lonExpiresla�Ot a15
I, Jeffrey' Goldberg , the duly elected. Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
1N WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6th day of May 2014
AZ -4—? e�
far€m/Galsiattg. +Rar Pr�uidcae ac.�,sst<�aettstcaxmrq a€i`ta�ti,sgbatt IaKmatiortal tncaraase. Cotttilsanr do
AssistaastScc�e3xyori�aclhAm-.racanspxisityin�taanceCorapsttg
STEV&SO-01 ACOPE
A of CERTIFICATE OF LIABILITY INSURANCE DAT01YYYY)
4//23/2231209 4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such ondorsement(s).
PRODUCER
Boise Office
Pa neWest Insurance, Inc.
960 Broadway Avenue Suite 100
Boise, ID 83706
CONTACT
NAME:
aHOc ' ext : (208) 424-2900 atc No ; (208) 424-2999
EMAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC q
CWP269196927
INSURERA:Contlnental Western Insurance Company 10804
06/0112014
INSUREp
INSURER B: Idaho State Insurance Fund
INSURER C.,
Stevens 8, Sons Well Drilling, Inc.
INSURER D:
3709 Hawthorne Drive
Boise, ID 83703
INSURER E
INSURER F:
$
COVERAGES CERTIFICATE NUMBER: RFVIRION N[IMRFR-
THIS IS TO CE=RTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN! OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
WVD 5
POLICY NUMBER
POLICY EFF
MMIDDNYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE rj�] OCCUR
X CLCG0013(0102)
X
X
CWP269196927
06/01/2013
06/0112014
EACH OCCURRENCE $ 1,000,000
?REMISES AG To RTED 300 00
Ea E occurrence� r
MED EXP (Any one person) $ 10,00
Y CLCG2014(0107)
PERSONAL & ARV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY � JEC LOC
OTHER:
GENERAL AGGREGATE $ 2,()00,00()
PRODUCTS - COMPIDP AGG $ 2,000,000
$
A
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X HIRED AUTOS X NON -OWNED
AUTOS
CWP269196927
06101/2013
06/0112014
COMINGLE LIMIT $ 1,000,000
BODILY INJURY (Per person) $
BODILY INJURYPeracaiden[ $
( i
PROPERTY DAMAGE $
Per accident
$
A
UMBRELLA LIAB
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
CU269608626
0610112013
06/01/2014
EACH OCCURRENCE S 1,000,00
AGGREGATE S 1,000,00
DED I RETENTION$
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNE YIN
OFFICERIMEMBER EXCLUDED? ❑
(Mandatary In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N I A
5519761
04/0112014
04/01/2015
PER OTH-
STATUTE ER
E.L, EACH ACCIDENT is 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,0()0,000
E.L. DISEASE - POLICY LIMIT I $ 1,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is requfrod)
RE: 77 Acre Park Well Development
City of Meridian
33 E. Broadway Ave. Ste.106
Meridian, ID 83642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
010
�
I
10191 2024 ACORD CORPORATION. All tights reseed.
ACORD 26 42014101) The ACORD name and logo are mgfsterad ,marks of ACORD
A s.•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC
STATUS WHEN REQUIRED BY WRITTEN CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIA131LITY COVERAGE PART
Section 11 — Who Is An Insured is amended to Include as an additional insured any person or organization
for whom you are performing operations when you and such person or organization have agreed in writing
in a contract or agreement that such person or organization be added as an additional insured on your
Policy. Such person or organization is an additional insured only with respect to "bodily injury" and
"property damage" caused, in whole or in part, by "your work" at locations specified in the written contract
or agreement and included in the "products -completed operations hazard",
V4lith respect to the insurance afforded to these additional Insureds, this insurance does not apply to
"bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration
of, the contract or agreement in which you agreed that such person or organization be added as an
additional insured on your policy.
CL CG 20 14 0107 Indudes copyrighted material ofdnsurance Services Page I of'I
ofr"s, Inc., ysth i#s pe€ #en
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY PLATINUM ENDORSEMENT
This endorsement modifies insurance provided under the following.:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. MEDICAL PAYMENTS
It SECTION I -- COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage
fart:
1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION. Ill. LIMITS
OF INSURANCE, shall be the greater of:
a. $10,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
B. FIRE, LIGHTNING, EXPLOSfON, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES
YOU RENT
If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy,
the following applies:
1. The last paragraph of SECTION I COVERAGE A.2. Exclusions is deleted and replaced by the
following:
Exclusions c. through n. do not apply to damage by fire; lightning, explosion, smoke or sprinkler
leakage to premises while rented to your or temporarily occupied. by you with permission of the
owner. A separate limit of Insurance applies to this coverage as described in SECTION Ill —
LIMiTS OF INSURANCE.
2. Paragraph 6. of SECTION III — LIMITS OF INSURANCE Is deleted and replaced by the following:
6.. Subject to Paragraph 5. above, the greater of:
a. $300,000; or
b. the Damage To Premises Rented To You. Limit shown in the Declarations;
is the most we will pay under COVERAGE A for damages because of `property damage"
toany one premises, while rented to you or temporarily occupied by you with the
permission of the owner.
3. Paragraph 4.b.(1)(a)(Ii) Other Insurance of SECTION IV — COMMERCIAL, GENERAL
LIABILITY CONDITIONS is deleted and replaced by the following:
(il) That is l=ire, Lightning, Explosion, Smoke or Sprinkler Leakage. insurance for
premises rented to you or temporarily occupied by you with the permission of the
owner;
4. Paragraph 8.a. of SECTION V— DEFINITIONS is deleted and replaced by the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organizatlon. for damage by fire, lightning, explosion,
smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you
with permission of the owner is not an "insured. contract";
C. LIMITED N.ON-OWNED WATERCRAFT
1. Paragraph g.(2) of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the
following:
A watercraft you do not own that is,
a. Less than 51 feet tong; and
CL CG Oil 13 01 12 Includes copyrighted -material of Insurance Services Page i of 6
Office, Inc with its permission
b. Mot used to carry persons or property for a charge.
D. SUPPLEMENTARY PAYMENTS
SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:
1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and
2. The limit of Insurance in paragraph 1.d. Is Increased from $250 to $500.
E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY
NON-CONTRIBUTORY
The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED:
e. Any person or organization described below, when you are obligated by virtue of a written
contract or agreement that such parson be added as an additional insured on your policy.
When required by virtue of a written contract or agreement, coverage provided to any
additional insured will be on a primary basis and will not seek contribution from the additional
insured's policy.
Only the following persons or organizations are additional insureds under this endorsement:
(1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you,
but only with respect to (!ability arising from the ownership, maintenance or use of that
part of the premises leased to you and subject to the foliowing additional exclusions:
This insurance does not apply to;
(a) Any "occurrence" which takes place after you: cease to be a tenant of that premises_
(b) Structural alterations, new construction or demolition operations performed by or on
behalf of the manager or lessor.
(2) Lessor Of Leased Equipment. Any person or organization from whom you lease
equipment, but only with respect to liability for "bodily injury", 'property damage" or
"personal. and advertising injury" caused, in whole or In part, by your maintenance,
operation or use of equipment leased to you by such person(s) or organization(s).
However, this insurance does not apply to any "occurrence" which takes place after the
equipment lease expires.
(3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property
damage" arising out of "your products" shown in the Schedule which are distributed or
sold in the regular course of the vendor's business, subject to the following additional
exclusions:
a. The insurance afforded the vendor does not apply to:
1. "Bodily injury" or "property damage"- for which the vendor is obligated to pay
damages by reason of the assumption, of liability in a contract or agreement. This
exclusion does not apply to liability for damages that the vendor would have in
the absence of the contract or agreement;
2. Any express warranty unauthorized by you;
3. Any physical or chemical change in the product made intentionally by the vendor;
A. repackaging, unless unpacked solely for the purpose of Inspection,
demonstration, testing, or the substitution of parts under instructions from the
manufacturer, and then repackaged in the original container;
6. Any failure to make such inspections, adjustments, tests or servicing as the
vendor has agreed to make or normally undertakes to make in the usual course
of business, in connection with the distribution or sate of the products,
6. Demonstration, installation, servicing or repair operations, except such -
operations performed at the, vendor's premises in connection with the sale of the
product;
CL CG: 00 13 01 12 Includes copyrighted material of Insurance Services Page 2 sof 6
Office., Inc with Its permission
7. Products which, after distribution or sate by you, have been labeled or relabeled
or used as a container, part or ingredient of any other thing or substance by or for
the vendor.
b. This insurance does not apply to any insured person or organization, from whore you
have acquired such products, or any ingredient, part or container, entering into,
accompanying or containing such products.
(4) State Or Political Subdivisfon — Permits Or Authorisations Relating To Premises.
Any state or political subdivision, subject to the following additional provision:
This insurance applies only with respect to the following hazards for which the state or
political' subdivision has issued a permit in connection with premises you own, rent, or
control and. to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults,. street banners, or decorations and
similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use. of any elevators covered by this insurance.
Limits of insurance for such additional insured are the limits In this Coverage form or the limits you.
and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These
limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations,
When required by virtue of a written contract or agreement, coverage provided to any additional
insured AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY
NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional
Insured's policy,
F. BROADENED NAMED INSURED NEWLY ACQUIRED 180 DAYS
Paragraph 3. of SECTION ll - WHO IS AN INSURED is deleted and replaced by the following:
Any organization you newly acquire or form, other than a. joint venture, and over which you maintain
ownership or majority interest of more than 50% will be a Named Insured if there is no other similar
insurance available to that organization. However.,
a. Coverage under this provision is afforded on.ty until the 180th day after you acquire or form
the organization or the end of the policy period, whichever is earlier.
b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred- before
you. acquired or formed the organization.
c. COVERAGE B does not apply I.o "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
G. AGGREGATE LIMITS OF INSURANCE
The General Aggregate Limit under SECTION III -- LIMITS OF INSURANCE applies separately to
each of your.-
1.
our:
1. Projects away from premises owned by or rented to you.
2. "Locations" owned by or rented to you.
"Location" means. premises involving the same or connecting lots, or premises whose connection
is Interrupted only by a street, roadway, waterway or right-of-way of a railroad,
H. KNOWLEDGE OF OCCURRENCE
The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:
e. A report of an "occurrence", offense, claim or "suit" to:
(1) You, if you are an individual,
(2) A partner, if you are a partnership,
CL CG 0013 01 12 includes copyrighted material of Insurance Services page 3 of 6
OWw-e,1no wilh its permission
(3) An executive officer, if you are a corporation, or
(4) A manager, if you are a limited liability company,
Is considered knowledge and requires you to notify us. of the "occurrence", offense, claim,
or "suit" as soon as practicable.
f. We are considered pn .notice of an "occurrence", offense, claim or "suit" that is reported to
your Workers' Compensation insurer for an event which later develops into an "occurrence",
offense, claim or "suit" for which there is coverage under this policy. However, we will only be
considered on notice if you notify us as soon as you know the claim should be addressed by
this policy rather than your Workers' Compensation policy.
I; UNINTENTIONAL OMISSIONS
The following is added to paragraph 6. Representations of SECTION IV - COMME=RCIAL
GENERAL LIABILITY CONDITIONS.
d. If you unintentionally fail to disclose any exposures existing at the inception date of your
policy, we will not deny coverage under this Coverage Part solely because of such failure to
disclose. However, this provision does not affect our right to coltect additional premium or
exercise our right of cancellation or non -renewal.
This provision does not apply to. any known injury or damage which is excluded under any
other provision of this. policy.
J. M15NTAL ANGUISH
Paragraph 3. of SECTION V — DEFINITIONS is deleted and replaced by the following:
3. "Bodily injury" means bodily Injury, sickness or disease sustained by a person, including mental
anguish or death resulting from any of these at any time.
K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following;
We waive any right of recovery we may have because of payments we make for "bodily injury' or
"property damage" arising out of your ongoing operations or "your work" done under a contract
requiring such waiver with that person or organization and included in the "products -completed
operations hazard".
However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage
for which we make payment under this Coverage mart. The insured must do nothing after a loss to
impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us
enforce those rights.
L. OTHER INSURANCE
When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or
limit of insurance in the policy applies to loss. or damage insured by this coverage.
M. NON -EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS)
The following is added to paragraph 14. "Personal and advertising. injury" SECTION V —
DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM,
h. Non -employment discrimination.
Non -employment discrimination means violation of a person's civil rights with respect to such
person's race, color, national origin, religion, gender, marital status, age, sexual orientation or
preference, physical or mental condition, or any other protected class or characteristic established by
any federal, state or local statutes, rules or regulations. Non -employment discrimination does not
include violation of civil rights arising out of past, present or prospective employment.
Our obligation under the Personal and Advertising Injury Liability Coverage to pay non -
employment discrimination liability damages on your behalf appfies only to the amount of damages in
excess of $5,000 deductible as the result of any one offense regardless of the number of persons or
organizations who sustain damages because of the offense,
CL CG 00 13 0112 Includes copyrighted malarial of Insurance Services Page 4 of B
Office, Inc with its permission
The most we will pay for all damages for non -employment discrimination Is $15,000 annual
aggregate, No other liability to pay sums or perform acts or services is covered.
Supplemental Payments -- Coverages A and B do not apply to non -employment discrimination
coverage.
N. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS OR OTHERS— AUTOMATIC,
INCLUDING PRIMARY NON-CONTRIBUTORY
1. SECTION II -- WHO IS AN: INSURED is amended to include as an additional insured any person
or organization for whom you are performing operations when you- are obligated by virtue of a
written contract or agreement that such person or organization be added as an additional insured
on your policy, but only with respect to "bodily injury", "property damage" or "personal and
advertising injury" Is caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
In the performance of your ongoing operations for the additional Insured.
This insurance does not apply to "bodily injury", "property damage", 'personal and advertising
Injury" included within the "products -completed: operations hazard".
This insurance does not apply to any additional insured scheduled on your policy by separate
endorsement
2. Limits of Insurance
Limits of insurance for such additional Insured are the limits in this coverage form or the limits you
and such additional insured agreed to by virtue of a contract or agreement, whichever is less.
These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the
Declarations.
3. Exclusions
A. With respect to the insurance afforded to these additional insureds, the following additional
excfusions apply to "bodily injury", "property damage" or "personal and advertising injury"
arising out of:
1. The rendering of or failure to reader any professional services by you or on your behalf,
but only with respect to either or both of the following operations:
a. Providing engineering, architectural or surveying services to others in your capacity
as an: engineer, architect or surveyor, and
b. Providing, or hiring independent professionals to provide, engineering, architectural
or surveying services in connection with construction work you perform.
2. Subject to Paragraph 3. below, professional services include:
a. Preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders, or drawings and'
specifications; and
b.. Supervisory or inspection activities performed aspart of any related architectural or
engineering activities.
3. Professional services do not include services within construction means, methods.
techniques, sequences and procedures employed by you or performed by or for the
construction manager, its employees or its subcontractors in connection with your
ongoing- operations.
R. "Bodily injury"or "property damage" occurring after:
1. Alf work, including materials, parts or equipment furnished in connection with such work,
on the project jother than service, rnaintertance or repairs) to be performed by or on
behalf of the additional insureds) at the location of the covered operations has been
completed; or
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2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or
subcontractor engaged In performing operations for a principal as a part of the same
project.
4. Primary Non -Contributory
Whoa required -by virtue of a written contract or agreement, coverage provided to any additional'
Insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS —
ONGOING OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be
on a primary basis and will not seek contribution from the additional insured's policy.
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Oftice, Inc with its permission