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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 Project 10121.0 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. 77 ACRE PARK WELL DEVELOPMENT page 2 of 10 Project 10121.0 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 Project 10121.0 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 Project 10121.0 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 Project 10121.0 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 Project 10121.0 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 z a w 0 O a - O O a a) c v n 3 r° vii 3 u 16 a a O 'c c O �_ C `- 3 d L 3 C_0 N fa O Ctw H ibo + LD cu 'n L 3 o m CL a) a) Y o C m } Q > O a) c d0 O O O G O y r E7 + Q EU M 3 L 0 O C M Q 4i N 0 M a) CL > O M u O N C a) "o uO x x 3 " •"m E Q 0 u +' 0 L C = a Q O_ fa ++ V L C CL 3 3 Alb+ 4/ C O E OM C fa ++ U U 0- N -C o �n O v u 6 ] C 00 m ro 0_ o M ai c = 'Z, �n a- O [a O L O r- w o- a m n -0 N m cQ E cx3 to v O CL c '0 � E . 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Q) .m m L w a a) m fa � 0a h0 C 'C U a) V +' 07 3 W c n M C ZI O al n0 Z5 O O � n, O s_ x U � cu t � Y 3 O L � � C CL 4O N 41 O c c C � m a) E =) a- v fa N a 7 � s O — an 3 � ba C_ O 7 s Q) d � 4O C . 4) E ate) � w fa .Hr R i 4) a L Q) 3 0 o +, � C a, aoa E a) CL � O aCU - C a) E tf ca CL a)) 6-0 w Q1 .D yL N O C � 'y •d N O i- I E» w Efl Fu o N N LL m } f� U N LL r- LO N LO u�7 >-u'f n3 U N LL m. a) m O d 0 0 W N 0 N Eft 69 f,9 4fl v C cq LL - E» � y47 7 m o � C lu O U c C 0 0 C O O a) i2 ma0UH M-Ol) N u7 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 CL CO 0013 0112 Includes copyrighted material of Insurance Services pag1e 5 of 6 Office; Inc wllh its permission 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. CL CG 00 13 0112 Includes capyrlghted material of Insurance Services Page 6 of 6 Oftice, Inc with its permission