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Black Cat Trunk Sewer Phase 5 ConstructionCONTRACT CHECKLIST Date:REQUESTING DEPARTMENT Project Name: Project Manager:Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order?Yes No Change Order No. Fund:Budget Available (Purchasing attach report): Department Yes No Construction GL Account FY Budget:Task Order Project Number:Enhancement:Yes No Professional Service Equipment Will the project cross fiscal years?Yes No Grant Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach Master Agreement Category Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date:Corporation Status Insurance Certificates Received (Date):Expiration Date: Rating: A Payment and Performance Bonds Received (Date):Rating: A Builders Risk Ins. Req'd:Yes No Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda:By: Purchase Order No.:Date Issued: WH5 submitted Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding/Active155643/31/2017 I. PROJECT INFORMATION 1/13/2017 1/1/2018 N/A N/A 2017 1/17/2017 Public Works Black Cat Sewer Trunk-Phase 5 (Construction) V. BASIS OF AWARD 1/5/2017 January 12, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A January 17, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 1/13/2017 Award based on Low Bid Highest Ranked Vendor Selected 405,706BrentBlake If yes, has policy been purchased? Knife River Corp. III. ContractTypeII. BUDGET INFORMATION (Project Manager to Complete) 60 3590 93505 10614.b TASK ORDER N/A RFP / RFQBID CONTRACT FOR PUBLIC WORKS CONSTRUCTION BLACK CAT TRUNK SEWER — PHASE 5 — CONSTRUCTION PROJECT # 10614.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 1.7 day of January, 2017, 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 Knife River Corporation Northwest, hereinafter referred to as "CONTRACTOR", whose business address is 5450 W Gowen Road Boise, ID 83709 and whose Public Works Contractor License # is C -155641- U-1-2-3. INTRODUCTION Whereas, the City has a need for services involving BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 1 of 14 Project 10614.b 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $405.705.85. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 2 of 14 Project 10614.b 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 90 (ninety) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred - twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 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. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 3 of 14 Project 10614.b 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 4 of 14 Project 10614.b 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 5 of 14 Project 10614.b or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 6 of 14 Project 10614.b between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.ora/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 7 of 14 Project 10614.b other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 8 of 14 Project 10614.b 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 9 of 14 Project 10614.b 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Knife River Corporation Northwest Purchasing Manager Attn: Jessee Rosin 33 E Broadway Ave 5450 W Gowen Road Meridian, ID 83642 Boise, ID 83709 208-489-0417 Phone: 208-362-6152 Email: jessee.rosin@kniferiver.com Idaho Public Works License #15564-U-1-2-3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 10 of 14 Project 10614.b CITY OF MERIDIAN Pct-; ' Ke; f, 1W Dated:—? / l7/ orl7 Approved by Council: l Attest: C. JA'eCOLL4, CITY CLERK Purchasing Approval BY: KEIT ATTS, Purchasing Manager Dated:: IZI 7/ I -7 Project Manager BRENT BLAKE KNIFE RIVER CORP, - NORTHWEST BY: Dated:• / GpRp0RA7FOq GCG Depart nt App o BY: WARREN STEWA T, City Engineer Dated:: I /17 111 BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 11 of 14 Project 10614.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1716-10614.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1716-10614.b, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). This project consists of constructing approximately 450 lineal feet of 24" gravity sewer main including 3 irrigation crossings (2 open trench, 1 bore and jack) that are required to be completed prior to March 15, 2017. Work within the Nampa Meridian Irrigation District (NMID), Boise Project Board of Control (BPBC), and Bureau of Reclamation (BOR) facilities will be required for execution of this project. In addition, work to complete these crossings shall be in full compliance with the Joint Agency 404 Nationwide permit secured by the CITY to complete the crossings shown on the Plans. No debris, soil, or other materials shall be allowed within the waterways. Work will be done during the non -irrigation season. The CONTRACTOR shall be responsible for complying with the City of Meridian Construction Storm Water Management Plan (CSWMP) because this project is anticipated to disturb more than one (1) acre; therefore, an EPA General Construction Permit, a Storm Water Pollution Prevention Plan (SWPPP), and a Notice of Intent (NOI) is required. BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 12 of 14 Project 10614.b Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed 405,705.85. MILESTONE DATES/SCHEDULE Milestone 1 SWPP Documents Submitted to City for Review January 13, 2017 Milestone 2 NOI January 20, 2017 Milestone 3 Material Submittal Review Completion Prior to February 1, 2017 Milestone 4 Substantial Completion April 18, 2017 Milestone 5 Final Completion May 18, 2017 PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION per IFB PW -1716-10614.b NOT TO EXCEED CONTRACT TOTAL ....................... $405,705.85 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Pay Item Reference Description Quantity Unit Unit Price 205.4.1.13.1 Dewatering 1 LS 1.00 304.4.1.A.1 Trench Foundation Stabilization Material 100 TN 1.00 306.4.1.D.1 imported Trench Backfill 300 TN 3.00 307.4.1.A.1 Miscellaneous Surface Repair (Landscaping - T e 1) 276 LF 10,764.00 307.4.1.A.1 Miscellaneous Surface Repair (Landscaping Bed- Type 2) 230 SY 1,610.00 307.4.1.A.7 Miscellaneous Surface Repair Natural Ground 43 LF 107.50 307.4.1.A.9 Miscellaneous Surface Repair (Asphalt Driveway Repair) 28 SY 2,240.00 307.4.1.D.1 Type "C" Surface Restoration (Gravel Roadway) 56 LF 1,176.00 308.4.1.C.1 Steel Casing Sleeve - 36 -inch Ridenbau h 107 LF 53,500.00 BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 13 of 14 Project 10614.b BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 14 of 14 Project 10614.b Canal) Open Trench 501.4.1.13.1 Gravity Sewer Pipe - 24" PVC (includes excavation, bedding, backfill, etc.) 442 LF 53,040.00 502.4.1.F. 1 Connect to Existing Manhole 1 EA 30,000.00 502.4.1.A.1 Sanitary Sewer Manhole - 60" Type B 4 EA 56,000.00 502.4.1.G.1 Special Drop Discharge Structure 1 EA 5,000.00 706.4.1.E.1 Concrete Sidewalk - 6 inch reinforced 330 SY 22,400.00 706.4.1.1.1 Concrete Lining 303 SY 30,300.00 901.4.1.A.1 Pressure Irrigation Main Relocation - 4 inch 100 LF 600.00 901.4.1.13.1 Pressure Irrigation Main Fitting - 4" - 451 Bend 1 EA 110.00 902.4.1.A.1 4" Diameter, Pressure Irrigation Valve -Type Resilient Seated Gate Valve 1 EA 600.00 1003.4.1.A.1 Fiber Rolls 80 LF 168.00 1006.4.1.C. 1 Inlet Protection 1 EA 60.00 1103.4.1.A.1 Construction Traffic Control 1 LS 1,600.00 2010.4.1.A.1 Mobilization 5% Max. 1 LS 15,000.00 2020.4.1.F.1 Reference and Reset Monuments 3 EA 621.00 sP- 2105.4.1.A.1 Sewage By-pass S tems 1 LS 1,000.00 SP- 2142.4.1.A.1 Remove Misc. Item - Trees 13 EA 1,495.00 SP- 2142.4.1.8.1 Remove and Reset Misc. Item - Fence Type 3B 160 LF 1,656.00 SP- 2142.4.1.8.1 Remove and Reset Misc. Item - Sound Wall 285 LF 2.85 SP- 2142.4.1.8.1 Remove and Reset Misc. Item - Signs 4 EA 920.00 SP- 2142.4.1.8.1 Remove and Reset - Fence Type 5 100 LF 900.00 Sp- 2142.4.1.13.1 Remove and Reset - Street Light 1 EA 3,300.00 SP- 2142.4.1.C.1 Remove and Replace Misc. Item - Power Cable 200 LF 200.00 SP- 2142.4.1.C.1 Remove and Replace Misc. Item - Irrigation System 1 LS 5,000.00 SP -Remove 2142.4.1.C.1 and Replace Misc. Item - Fence Type 3-B 160 LF 1,440.00 SP- 2142.4.1.C.1 Remove and Replace Misc. Item - Trees 3 EA 6,000.00 SP- 2216.4.1.A.1 Storm Water Management 1 LS 3,700.00 Additive Bid Alternate A Pay Item Reference Description Quantit Unit Unit Price 308.4.1.13.1 Steel Casing Pipe Boring and Jacking - 42 -inch Carlson Lateral 133 LF 94,031.00 1003.4.1.A.1 Fiber Rolls 120 LF 252.00 1003.4.1.C.1 Silt Fence 150 LF 367.50 SP- 2216.4.1.A.1 Storm Water Management (Additions to Base Bid) 1 LS 500.00 BLACK CAT TRUNK SEWER — PHASE 5 - CONSTRUCTION page 14 of 14 Project 10614.b City Of Meridian Statement of Revenues and Expe _ltures - Rev and Exp Report - Sandra - dosted Transactions Included In Report 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2016 Through 9/30/2017 Capital Outlay 93505 Sewer Line Extensions Total Capital Outlay DEPT EXPENDITURES TOTAL EXPENDITURES Budget with Amendments Current Year Budget Actual Remaining 5,295,807.36 74,337.18 5,221,470.18 5,295,807.36 74,337.18 5,221,470.18 5,295,807.36 74,337.18 5,221,470.18 5,295,807.36 74,337.18 5,221,470.18 Date: 12/16/16 10:05:27 AM Page: 1 wnmt Document A31 2rM - 2o1o Performance Bond CONTRACTOR: Name, legal statts and address) Knife River Corporation - Northwest 5450 W. Gowen Road Boise, lD 83709 OWNER: Name, legal status and oddress) City of i,4eridian 33 East Broadway Avenue N,leridian, lD 83642 GONSTRUCTION CONTRACT Date: Amouat: $405,705.85 Dcscriptiotr: Name and locarton) Black Cat Trunk Sewer - Phase 5 - Construction, Project #10614.8 BOND Date: No, earliet thai Constructio Co ruct Ddte) Bond No. 190036873/'106598235 This document has imporlant legal consequences, Consultation wilh an attomey ls encouraged wilh respect to lts completlon or modifrcation. Aay singular aeference to Contractor, Surety, Own€r or other party shall be considered plural rYhere applicable. Conforms with The American lnslitute of Architects AIA Document 312 SURETY: Name, legal stalus ond principal placeof business) Liberlv Mutual lnsurance Companv 175 Berkeley Slreet, Boston, MA 02116 AND Travelers Casually and Surety Company ofAmerica One Tower Square - 2SHS, Hartford, CT 06183 Mailing Address tor Notlces Liberty Mutual lnsurance Company Attention: Surety Claims Deparlment 1001 4th Avenue, Suite 1700 Seattle, WA 98'154 Amourt $ 405,705.85 ModificatioDs to this Bond: GONTRACTOR AS PR Company: Knife River Corporatio El,Nm.,, Esr See Section l6 SURETY Corporate Seal) tlr Eberty Mutual lnsurance Company 1oIa + Signature:J ignature: Name Hea r R. Goedtel and T Rosin,and Title: Attorney-in-Fact At y ddditiohal sighdtutes appear on the lost page ol this Pet/or-rrrance Bond) FOR INFORMAT|ON ONLY - Nome, address and telephone) AGENToTBROKER: OWNER,S REPRESENTATIVE: Willis Of Minnesota, lnc. (Architect, Engineet or other party:) 1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 763 302-7219 s-185ZAS 8/10 A 1912 Name S 2 Iftle Contmctor pcrfoms the Construction Contract, thc Surcty and tlc Contractor shall havc no obligation undcr this Bond, cxcept whcn applicable to participale in a conference as provided in Section 3. S 4 Failwe on the part ofthe Owner to comply witl the notice Equircment in Section 3.1 shall not constitule a failure to comply with a condition precedent to the Surety's obligations, orrelease the Surety from its obligations, €xcept to thc exlent the Surety demoflstrates actual prejudice. 5 When the Owner has satisfied tlre conditions ofseclion 3, the Surety shal! promptly and al the Surety's expense take onc ofthe folloe/ing actions: 5.1 Arrange for the Cont'actor, with the consent ofthe Owner, to perform and complete the Consfiuction Cont-act; S 5.2 Undertake to p€rform and complete the Construction Contract itself, through its agents or independent contractoB; 5.3 Obtaia bids or negotiated proposals from qualified contmcton acceptable to the Owner for a contract for performaoce aod completion of the Consruction Contract, arange for a contract to be prcpared for execution by the Ovner ard a contracto. selected with fte Ownet's concurrcnce, to be secured with perfonnance aod payment botrds executed by a qualified surety equivalent to the bonds issued on the Constluction Contract and pay to the Ovtrer the amourt ofdamages as described i[ Section 7 i,l excess ofthe Balance ofthe Contract Price incurred by the Owtrer as e result oflhe Contiactor De&ulq or S 5.4 Waive its right to perform ald complete, arrange for completiorL or obtain a new contractor and with reasooable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable affer the amount is determined, make payment to tle Owner; or 2 Deny liability in whole or io part ard ootify the Owner citing the reasons for denial. S 6 Ifthe Surety does lot proceed as prcvided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seveo days after receip of a4 additional written notice iiom tbe Owner lo the Surety demanding that the Surety perform its obligatioDs under this Bo[d, and lhe Owner stall be entided to eoforce any rerDedy available to the Owner. If the Suety prcceeds as provided in Section 5.4, a'ld tle Owner refuses the payment or the Surety has denied liability, in whole or in part, without funher lotice the Owner shall be entitled to enforca any remedy availabk t; ftc Orrqel s-1 85ZAS 8/1 0 S I The Conkactor and Surety, jointly and severally, bind themselves, their heirs, executors, adminisFators, successors and assigns to the Owne! for the pcrformancc ofthe Constructio! Contract, which is incorporatcd hcrcin by rcfcrcncc. S 3 Iftherg is no Owner Default under the Construction Contrac! the Surety's obligation under this Boud shall arise after 1 the Owtrer fitst provides notice to the Contractor and the Surety that the Owrer is considering declaring a Contractor Default Such notice shall indicate whether the Owner is requesting a conference arnong the Owner, Contmctor and SuEty to discuss the Cor[ractofs performance. Ifthe Owner does not request a conference, the Surety may, $dthin five (, business days after rcceipt of the OwDels notice, request such a conference. lf the Surety timely requests a conference, the Owner shall attend. Unless the Owtrer agrces othcrwise, any conference requested under this Sectiotr 3.1 sh.ll be held within ten (10) business days ofthc Surcty's receipt ofthe Orwels notice. If the Owner, the Contractor aod the Surety agree, the Contracto! shall be allowed a reasoDable time to perform the Co6truction Contmct, but such an agre€ment shall Dot w8ive tbe Owne/s right, ifany, subsequently to declare I Contractor Default;. 2 the Owner declares a ConEacto! Default, teminates the Constsuction Contract and notifies the Suety; aDd 3 the Ownerhas agreed to pay the Balance ofthe Conh-act Price in accordance witl the terms ofthe Construction Contract to the Surety or to a contractor selected to perform the Co$truction Contlact. S 7 Ifthe Surcty elccts to act under Section 5.1, 5.2 or 5.3, theo the responsibilities ofthe Surety to thc Owncr shall llot bc grester thatr those ofthe Contractor under the Construction Contract, and the responsibilities of the Owner to the SuEty shall not b€ greater than those of the Owner under the Constructioo Co[tract. Subjcct to thc comEitrnent by the Owner to pay lhe Balaoce ofthe CoDEact Plice, the Surety is obligated, without duplication, for l the rcsponsibilities ofthe Contractor for correction ofdefeclive work and completion ofthe Consbuctiotr Contract; 2 additional legal, design professional and delay costs resulting flom the Conraclols Default, and resulting from the actioN or failure to act of tie Suety under Section 5; and 3 liquidated damages, or ifno liquidated damages are specilied in the Constructioo Contract, actual damages caused by delayed performance or non-peaformance of the Contractor. S 8 If the Surcty elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond. S 9 Thc Surcty shall oot b€ liable to thc OwDcr or othe6 for obligatioDs ofthc Contractor that are unrelated to thc Co$tuctiotr Contract, atrd thc Balance of the Contract Price shall not be reduced or set offon account of any such umelated obligatioff. No right ofaction shall ac.rue on this Bond to any persotr o( entity other than the Owner or its heirs, executors, administmto$, successors alld assigns- I I Aoy proceediog, legal or equitable, under this Bond may be i$tituted in any court of competent jurisdictioo in the location i! which the work or part of the work is located arld shall be instituted within two years after a declaration of Cotrtractor Defbult or within two years after the Contractor ceased workiog or within two years after the Surety refrrses or fails to perlorm its obligatiorr under this Bond, whichever occurs fust. Iftbe provisions of this Paragaph are void or prohibited by law, the minimum period of limitation available to sureties as a defense io the jurisdiction of the suit shall be applicable. S 12 Notice to the Surety, the Owner or the CoDtractor shall be mailed or delivered to the address shown on the page on which their signature appears. S 13 when this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performcd, any provision in this Bond conflicting with said statutory or legal requiremcnt shall be deemed dcleted herefrom and provisions conforming to such statutory or other legal rcquirement shall be deemed incorporaled hereiD. lvhen so fimished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. S 14 Definitions S 14.1 Balance of the Contract Prlce. The total amount payabte by the Ol}ler to the Contracto! under tte Consruction Conhact after all proper adjustmetrts have been made, including allowance to the Contractor of afly amou[ts received or to be received by the Owner itr settlement of insurance or othe! claims for damages to which the Contiactor is entitled, reduced by all valid and prcper paymelts made to or on behalf of the Contractor under the Conskuction Contract. 5 I4.2 Constructlon ContracL The agreement between the Owner and Cootractor idellified oo the cover page, including all Cootract Documents and changes made to the agreement and the Contract Docume s. S 14.3 Contractax Defaull Failure of the Cotrtractor, which has not been remedied or \aaived, to perform or otherwise to comply with a matelial term ofthe Coostrugtion Contract. S 1 4.4 Owner Default. Failure of the Owner, which has Dot been lemedied or waived, ki pay thc Contractor as required under the CoNtruction Contract or to perfoutr and complctc or comply with the other material tcrms ofthe Consuuction ConEacL S 14.5 Contract Documents- All the documents that comprise the agreemelt between the Owner and Contractor 1 5 If this Bond is issued for an agreement between a Cotrtractor aDd subcontractor, t]rc term Contractor in tbis Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. s-185ZAS B/10 S l0 The Suety hereby waives notice ofany change, including changes of time, to the Construction Contract or to related subconhacts, purchase orders and other obligatioos. S 16 Modifications to this bond are as follows: H Space is provided below for additionil CONTRACTOR AS PRINCIP Company: Name and Title: Address fi osln, Aulhorlzed Agonl KNIFE RIVER EltO W GOWEN RD 8018E, rD 837q) 208.362.61 52 than those oppearing on the coeer page.) SURETY CompaDy: (Corporale Seal) Travelers Casualty and Surety Company of America t h.loo,wSignature: Name ard Title: Heather R. Goedtel, Attorney-in-Fact Address 'lgQQ !ti6 Avenue South, Suite 600 Minneapolis, MN 5 16 s-1B52yAS 8/10 Signature:flL-/ I-ibcrtv Ilrrl rr.i l Payment Bond CONTRACTOR: Name, legol status ahd address) Knife River Corporation - Northwest 5450 W. Gowen Road Boise, lD 83709 Conforms with The American lnstilute of Architects AIA Document 312 Document A312rM - 2010 SUREry: Name, legal snrus aad principal place of business) Liberty Mutual lnsurance Company 175 Berkeley Street, Boston, MA 02116 AND Travelers Casually and Surety Company of America Bond No. 1 90036873/106598235 CONSTRUCTION CONTRACT Date: Arnounl $405,705.85 Description; Name and locotion) Black Cat Trunk Sewer - Phase 5 - Construction, Project #10614.B BOND Date: Nol ea ier thon Constructio Conlruct Dote) Amount $405,705.85 Modifications to this Bond: OWNER: Name, legal slalus and address) City of Meridian 33 East Broadway Avenue Meridian, lD 83642 CONTRACTOR AS PRIN Company: Knife River Corporation - Signature: Name and Title; e Rosin. Authorzed Aoelltn"' - andTitle: One Tower Souare - 2SHS Hart'ord CT06183MailingAddressforNotices Liberty Mutual lnsurance Company Atlention: Sur€ty Claims Department 1001 4lh Avenue, Suite 1700 Seattle, WA 98154 8 Cotpotute Seal) lnsurance Company H er R. Goedtel ey-in-FactAttorn A y additional signatures appear on the last page of this Pdyn ent Bond) FOR INFORMATION ONLY - Nome, address and telephone) AGENToTBROKER: OWNER.S REPRESENTATIVE: willis of Minnesota, lnc. (Archilect' Engineer or other party:) 1600 Utica Avenue South. Suite 600 l\rinneapolis, MN 55416 763 302-7219 s-2149/AS &10 INS w This document has imporlant legal consequoncos, Consultation with an attorney is encouraged with respecl to its completion or modification. Any singular roferenc€ to Cont6ctor, Suaety, Owner or other party shall bo considored plural where applicable. I I 1912 AI S I The Conhactor and Surety, jointly and severally, biad tbemselves, theh hei6, executors, admidstmtors, successoN and assigns to the Owner to pay for labor, matedals and equipment fiimished for use in the performance ofthe Construction Contract, vhich is incorpomted hgrein by reference, subject to the following terms. S 2 lfthe Contractor promptly makes pa)rment ofall sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by aDy person or entity seeking payment for labor, materials or equipment fumished for use in the performance oflhe Construction Contract, then the Surety and lhe Contractor sball have !1o obligation unde! this Bond. 3 lfthere is no Owner Default under the Coostruction Contmct, the Surety's obligation to the Owner under this Bond shall arise afterthe Owner has promptly notified the Contractor aod the Surcty (at the add.ess described in Section 13) of claims, demands, liens or suits against tlle Owner or the Ownels property by aoy person or eDtity seeking payment for labot mateiials or equipment fumished for use in the performatrce ofthe Coostruction CoDtract and tendered defense ofsuch claims, demaods, liens o! suits to the Cont.actor and the Surefy. S 4 When the Owner has satisfied the corditions in Section 3, the Surety shall promptly and at the Sureys expense defend, itrdemnify atd hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall a se after the following: S 5.1 Claimants, who do not have a direct co[tract with the Contractor, 1 have fumished a *,ritten notice ofnoD-payment to the Contractor, stating with substa ial accuracy the amount claimed and the oame of the party to whom the matenals were, or equipment was, firrnished or supplied or for whom the labor was done or perfomed, within ninety (90) days after having last perforrned labor or last fumished materials or equipment included h the Claim; and 2 have sent a Claim to the Surety (at the address described in Section l3). S 5.2 Claimants, who are employed by or have a direct conhact with the Contractor, have sent a Claim to the Surety (at the address described in S€ction l3). 5 Ifa notice ofnon-palment rcquiled by Section 5.1.1 is givelr by the Owner to thc Contmctor, that is sullicient to satisry a Chimant's obligation to fumish a written notice of notr-pa).metrt under Section 5,1.1. S 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surevs expeNe take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days afler receipt ofthe Claim, stating l[e amounts that are undisputed ard the basis for challenging any amounts that are disputed; a[d S 7.2 Pay or arrange for payment of any undisputed amounts. S 7.3 The Surety's failure to discharge its ob[gations under Section 7.1 or Section 7.2 shall not 6e deemed to constitute a waiver ofdefenses the Surety or Cotrtraclor may have or acquire as to a Claim, except as to undisputed amounts fol which the Surety and Claimant have reaghed agleement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety sbalt indemniry the Claimant for th€ reasonable atlomey's fees the Claimant incus ihereafter to recover any sums found to be due and owing to the Claimant. S 8 The Surety's tetal obligation shall not exceed the amount of this Bond, plus the amount ofreasooable attomey's fees provided under Section 7.3, and the amount ofthis Bond shall be credited for any payments made in good faith by the Surety. S I Amounts owed by the Owner to the Contractor under the Construction Conhact shall be used for the performance of the Corckuction Contract and to satisfr claims, ifany, under any corstruction performance bond. By the Contactor fumishing and lhe Owoer accepting this Bond, they agree that all funds eamed by the Conaactor in the performance ofthe Construction Contract ar€ dedicated to satisry obligations of the Contraclor end Surety under this Bon4 subject to the Ownels priority to use the funds for the completior of the work. s-2149/AS 8/10 S 10 Thc Surety shalt not be liable to the O\trner, Claimants or others for obligations ofthe Contractor that are unrclated to the Construction ConFact. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, ard shall have under this Bond no oblig.tion to make payments to, or give notice on behalfof, Claima[ts o. otherwise havc atly obligations ro Claimants under this Bond. S '12 No suit o. action shall be commenced by a Claimant under this Bond other than in a court ofcompetentjurisdiction in the state in which the project that is the subjecl ofthe Construction Contract is located or after the expiratiotr ofone year from the date (l) on which the ClaimaDt sent a Claim to thc Surcty pursuant to Sectioo 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone orthe last mate als or equipment were fumished by anyone under the Construction Contract, whichever of(l) or (2) first occuls. Ifthe provisioDs ofthis Paragaph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in thejurisdiction ofthe suit shall be applicable. S 1 3 Notice and Claims 10 the Surety, the Owner or the Contractor shall be mailed or delivered to lhe address shown on the page on which their signature appe.rs. Actual receipt ofnotice or Claims, however accomplished, shalt be sutficietrt compliance as ofthe date received. l 4 When this Bood has been fumished to comply with a stanrtory or other legal requircment in the locatioo where the construction rvas lo be performcd, aay provisioo in this Bond conflicting with said statutory or legal requirement shall be deemcd delctcd hercfiom atrd provisions conforming to such statutory or other legal r€quirement shall be deemed fucorporated herein" When so fumished, the intent is that lhis Bond shall be construed as a statutory bond and not as a common law bond. S 1 5 Upon request by any person or e[tity appearing to bc a polential beneficiary of this Bond, the Contractor and Owner shall promptly fumish a copy ofthis Bond or shall permit a copy to be made. S '16 Definitions S 16.1 Clalm. A written statement by the Claimant including at a minimum: 1 the name of the Claimad; 2 thc name of the person for whom the labor was don€, or matelials or equipment fi.rmished; 3 a copy ofthe ageemetrt or puchase order pursuatrt to which labor, materials or equipmeot was fumished for use in ihe performaoce of the Construction Cootract; 4 a briefdescription ofthe labor, materials or equipDent fumishee 5 thc date on which the Claimant lasl performed labor or last fumished fiaterials or equipment for use in the performance ofthe ColsEuction Contracq 6 the total amount esmed by the Claimant for labot materials or equiptneot fumished as ofthe date of the Claim; 7 the total amount ofprevious payments rcceived by the Claimant; and 8 the total amount due and unpaid to the Claimant for labor, materials or equipment furaished as ofthe date ofthe Claim. S 16.2 Claimant, An individual or ertity having s direct contract with the Contractor o! with a subcontractor ofthe Contr-actor to fumish labor, materials or equipment for use in the perfortuance of the Construction Co[tlact. Thc term Claimant also includes any individual or entity that has rightfully assedeC a claim tmder an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The iotent ofthis Bond shall be to include rvithout limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telcphone service er rental equipment used itr lhe Constructioo Contrac! architectual and engineering services required for performauce ofthe work ofthe Contractor 8!d the CoDt actols subcontractors, and all other items for which a mechanic's lien may be asserted in thejurisdiction where the labot mate.ials or equiFnent were fumished. S 1 6.3 Cqnstruction Contracl The agr€emsnt between the Owner alld Contractor identifiedoo the cover page, including all Cotrttaca DocumeDts and all changes made to the agreernent and the Contract Docuhents, s-2 1 49/AS 8/1 0 S 1l The Surety hereby w8ives notice of any changg including changes of time, to the CoDstruction Contract or to related subcontsacts, puchase orders and other obligations. S 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contactor as requircd urder lhe Consructioo Contract or to perforrn and complete or comply with the other material terms of the Corsrucdotr Contl-act. S 16.5 Contract Documents. All the documeDts that compdse the agreemcnt bctwcon tle Owner and Co[Eactor. S 17 Ifthis Bond is issued for aD agreement betweeo a Cotrtmctor and subcontlactor, the term Contractor in this Bood shall be de€med to be Subcontractor 8!d the term Owner shall be deemed to b€ Contractor. 18 Modificatioas to this bond are as follows: t Space is provided belowlor CONTRACTOR AS PRING o Company: d Signature Name and Title: Address Rosln, Authorized Agenl KNIFE RIVER 50 W GOWEN RD BO|SE, lD 83709 m8-362'6152 other thon those appearing on the cover page.) SURETY Compaly: (Corporale Seal) Travelers Casualty and Surety Company of America Signature: Name and Titlc:Goedtel, Attorney-in-Fact Address 1600 Utica Avenue South, Suite 600 Minneapolis, l\4N 55416 SEEltl4ol,r t s-2149/AS 8/10 14 _-.- 1 Surety Acknowledgment State of Nlinnesota ss County of Henneoin on this l2r( day "&rUM zo t-Z , before me personally came Heather R. Goedte to me known, who being by me duly swom, did depose and say that she is the Attorney-in-Fact of Liberty Mutual lnsurance Comoanv & Travelers Casual tv and Suretv Companv of America described in and which executed the above instrument; that she,4re knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order ofthe Board of Directors of said corporation, and that she,/he signed her/she,/his name to it by like order. I Notary Public HALTERDIANEMICHELLE SOTAMINNEtcUBLPNOIARY ExpllesCommtsson[rly 8203anuary POWER OFATTORNEY KNOWNALLPERSONS BY THESE PRESENTS: That American Fire & CasuallyCompany and The OhioCasualty lnsurance Company are corporalions duly organized underlhe laws of and appoinl Brian D. Caroenter: Craio Olmstead: H ealher R. Goedte Jessica Hoff;Jill N. Swanson; Laurie Ptluq; Michelle Halteri Nicole Lanqer; Nina E. Werstein t906 7 3 r912:I991: lN WITNESS WHEREOF, lhis Power ofAtlomey has been subscdbed by a0 authonzed oflicer or ofricial ol the Companies and tre copo.ate seals of lhe Companies have been aflixed lhe.eto this,llh day of seprember 2016 American Fire and Casualty Company The Ohio Casually lnsurance Company Liberty l\,,lulual lnsurance Company David [4 C sistanlSecretarySTATEOFPENNSYLVANIA COUNTY OF [JONTGOI\,{ERY SS On th s -gL day of september :?9]q, belore me personally appeared David M. Carey, who ac*nowledged himsetf lo be the Assislant Secretary of Arnerican Fire and execute the foregoing inslrument fo. the purposes therein contained by signing on behall of the corporations by himself as a duly authodzed officer. lN WITNESS WHEREoi I have hereunlo subscnbed m narne and amxed my nola al seal at Plymouth Meeting, Pen nsylvania, on lhe day and year tirsl above writlen COMMONWEALTH OF PENNSYLVANIA Notenal S6al T6resa Pastella, Nota.y Public P ymouth Twp., Monlgonery Courly My Commission Expires March 28,2017 fil/. Teresa Pastella, Notary Publrc M6mb6., PennsylvaniaAssocialon ot Norari€s This Power of Allomey is made and execuled pursuanl to an by authority of lhe followng Bylaws andAuthorizations olknerican Fire and Casuatty Company, The Ohio Casualy lnsumnce Company, Liberty Mutual lnsurance Company, and West American lnsura0ce Company which resolutions are now in fullforce and elfecl reading as follows: lhe provisions olthis adicle may be revoked al any time by $e 8oard, the Chairman, the President or by the oflicer or officers granling such poweror authority. execuled such instrumenls shallbe as binding as itsigned by the presidentand afiesled by lhe secretary. obligatjons. Company, wherever appearing upon a certi,ied copy olany power of atlorney issued by th; Company in connection with surety bonds, shail be v;tid and binding upon the Companywilhthesameforceandefiectaslhoughmanuallyafliied. l, G@gory W Davenport, lhe underslgned, Assistant Sec{elary olArnerjcan Fire and Casoalty Company, The Ohio West American lnsuraoce Comp€ny do hereby certify that the onginal power of anomey of ;ich the toregoing is Companies, is tn fulltorce and effect and has nol been revoked. lil TESTIIIONY WHEREOF, thave hereunto set my hand and aflixed the seats ofsaiO Companies frrts llfl Casualty lnsurance Company, Uberty Mutual lnsurance Company, and a full, true and cofiecl copy of the power of Attomey executed by said r, dlNuAzT .2017- Gregory W. Davenport, Assistant Secrelary G o 6 f, o l! oorF- aauriEocL ct b.u 0., tr! GOEo-; o CO Eo) Otr} E PE=(, egic.l_ @ At,= at:. ooo oPF- ooo c- o Eqo= OO f:s EE- t 63E qii o 6.eEr! Eno6Q) g,o bE d, oo E> oc> o6iz6 1 t9t2 1 I991 t. J By: 567 of 1500 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts ofthose named herein, and they have no authorityto bind the Company except in the ftanner and tothe extent herein stated. Cedincale No.l1q89q American Fire and Casualty Company Liberty Mutual lnsurance Company The Ohio Casualty lnsurance Company WestAmerican lnsurance Company allof the city of -!{l!!93p9!A-, state of _UL eadr individually il there be more lhan one named, its lrue and lawtu I attorney-io-fact to make, execule, seal, ackno*iedge be as binding upon the Companies as ifthey have been duly signed by tho president and attested by the secrelary ol the Companies in lheir own proper persons. w)ilry;utarceco"'eanv By: By: I906 LMS-12873 122013 WARN NG: THIS POWER OF ATTORN EY S NVALID WIIHOUT THE RED EOBDER POWER OF ATTORNI,],Y TRAVELERS.Farmington Casualt) Companr_ Fidelity and GuarantJ lnsuranc€ Companl Fidelity and Cuaran(y Insurance tjnder$ritcrs, Inc. St. Paul Fire and Nlrrine lnsurance Compan] St. Paul Cuardian Insurancc Compnn] St. Psul Nlercurt Insurnnce Compan\ Traielers Casunltl and Surett Compnnt avelers Casualty and Surety Compan) ofAmerica United States I'idclitl and Guarant) Q)mpan! ttorn$Jn Frrr \o. 2-l l-130 cerrilicate \0.0 0 6 9 7 0 6 9 3 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Conrpany. St. Paul GuarLlian lnsur.rnce Company. St. Paul Mercury Insumnce Company. Tmvelers Casualq and Surct! Company. Travclers Casualtv and Sur!'ly Conrpan) of America. and United Slales Fideliry and Guaranty Company are corpomtions duly organized under tbe laws of thc Stare of Connecticul. rhat Fidcli(y and Guaranly Insurance Company is a corporrtion duly organized under the laws of the State of lowa. and that Fidelity and Cuaranty Insurancc Undcrwriters. Inc.. is a corporation duly organircd und.r thc la$ s of the Stale of Wisconsin (herein collectively called the "Companics ). and lhat lhc Companie s do hereby nrnke. con n itule nnd app,)r n l Jill N. Swanson. Laurie Pllug, Nina E. werstein. B.ian D. Carpenter, Nicole Langer. Jessica Hoff, Heather R. Goedtel. Michelle Halter, and Craig Olmslead of the Ciry of Minneapolis Statc of Minncsota thcir true and la irl Attornc!(s) in liaci eontracrs and c\ecuting or -quaranteeing bonds and unde(akings requircd or pcmrifted in rn) aclions or proceedings allo\\.d b] I.r$. lN WITNESS WIIEREOF, thc Companies hale caused this in\rrument (o be signcd and thcir corporatc seals lo be hcrclo affixcd.lhi\9lh da) of September l0l6 Farmington Casualty Comperr.' Fidelity and Guaranty Insurance Company Fid€lity and Guaranty Insurance Underwriters. Inc. St. Paul Fire and }larine lnsurance Compan! St. Paul Guardian lnsurance Company Sl. Paul Nlercurl Insurance Compan) lrayelers Casualty and Suret] Compan] tavelers Casu:rlt] and Surett Compan) ofAnrerica Linited States i'idelitt and Guarantl Companl State ofConnccticut Crt\ of Hanford ss. B) Roben L R!ne\. Scnror Yice Pre\rdenl oD this rhe 91h Scpremher 2016. b"fo." ," p"rsonally appcared Roben L. Raney. rho acknoutedgcd himselfio be the Senior Vice Presidcnt of Farmington Casualty Company. Fidelily and Curranty Insurance Company, Fidel ily and C uaranty Insurancc Undcrwriters. lDc.. S r . Paul Fire and Marinc Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury lnsurancc Company. Travelcrs C.rsualtv and Suretl Compan)- Tra!clers Casuahy and Surety Company ofAmerica, and Unted Srates Fidclity and Guarant) Company. and thar he. as such. bcing aulhorizcd so (o do. cxecured rhe lbrcgoing instrument for the purposes therein contaircd by signing on bchalf ol thc corporations by himsell as a duly authorized oilicer. In Witness Whereof,l hereunto set my hand and official seal M] Commissrcn expires the 30lh day of June.202l. sfii, c. J"lmo^g+ 58440-5-16 Printed in U.S.A 110 . C T.hu!h. \,)rr,\ Puhlii @ @ffiffiqi:?$ffi$@@ ffi This Power ofAllomey is Sranled under and by the aulhoril\r of the follo\{ in8 resolulions adopred by the Boards of Dircctors of FarminSion Casualtv Company, Fidelity and Guaranly Insurance Company, Fidelily and Guaranty Insurancc Underwrirers, Inc-, St. Paul Fire and Marine Insurance Compnny, St. paul Guafilian lnsurance Company St. Paul Mercury lnsurance Company, Travelers Casualtv and Surety Company. Travelcrs Casualt) and surery Company of America. and Unircd States Fidelity and Guaranty Company, which resolutions are nor in full tb.€e and cffect. reading as follows: RFjSOLVED, that the Chairman, the President, any Vice Chaiman. any Execurile Vice President. any Senior Vicc presidenr. any Vice president. any Second vice Presiden(, lhe Treasurer, any Assislant Treasurer,lhe Corporate Secretary or any Assisrdnt Secretary may appoinr Attomeys-in-Fact and ASenrs to act for and on b€half of the ComPany and may give such appoinlee such authority as his or her certificare of authority may prescribe Io sign with rhe Company's name and seal with the Company s seal bonds, recognizances, contracts of indemnily. and other writings obligarory in the narure of a bond, recognizance. or conditional undenaking, and any of said oflicers or the Board of Directors at any time may remove any such appointcc and revoke the power given him or heri and it is FURTHER RESOLVED. lhat lhe Chairman, the Presidenl. any vice Chairman, any Executive Vice President, any Senior Vice Presidem or any Vicc Presidenr may dclegate all or any part of the foreSoing authority to one or more officers or empbyees of rhis Company, provided rhat each such delegarion is in writing and a copy lhcreof is filed in the office of the Secretaryi and it is FURTHER RESOLVED. lhat any bond. recognizance. contracl ol indemnily. or wriling obligatory in the nature of a bond. recognizlnce. or conditional undenaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman. anr- Executile vice President. any SeniorVice PresideDt or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporarc Secrelary or any Assisrant Secrerary and duly attested llnd sealed with the Company\ seal by a Secretary or Assislanl Secrctary; or (b) duly executed (under seal. if required) by one or morc Attomeys-in-Facl and Agents pursuant to the power prescribed in his or her certificale or $eir certificates of authorily or by one or more Company officers pursuant to a wrirren delegarion of authoriry: and ir is FURTHER RESOLVED. that the signature ofeach of the follouing officers: Presi{jent. any Executivc Vice President. anv Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, aoy Assistant Secretary, and the seal of lhe Company may be affixed by facsimile to any Power of Attomey or to any cedficate relating therelo appointing Resident vice Presidents. Resident Assistant secretaries or Attomeys-in-Facr for purposes only of execuling and attesting bonds and unde(akings and olher writiogs obligalory in the nalure thereof. and any such Power of A(omel or cedificare bearing such facsimile signature or facsimile seal shall be valid and biDding upon the Company and any srch power so executed and cenified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respecl to any bond or undcrsrandinS ro which it is axached. I, Kevin E. Hughes, the undersigned, Assistanl Secrctarr'. of Farmington Casualty Company. Fidelitv xnd Guaranty Insurance Company. Fidelity and Guaranty Insurance Uoderwri(ers. Inc.. St. Paul Fire and Marinc Insurance Company, St- Paul Guardian Insurancc Company, Si. Paul Mercury Insurance Company. Travelers Casually and Surety Company, Travelers Casualty and Surety Company ofAmenca, and United Surtes Fidelity and Cuaranty Company do hereby ccrtify rhar rhc above and foregoing is a true and correcl copy of the Power of Altomev execuied by said Companies. which is in full force and effect and has Doi becn reloked. IN TESTIMONY WHEREOF. I have hercunto scr mv hand and alfixed lhc seats of said Companics this _ day of l0 NING: THIS POWER OF ATTORNEY lS INVAL|D WTTHOUT THE RED BORDER a-" Kevin E. Hughes, Assistant WARNINGT THIS POWEFI OF ATTORNEY lS INVALID WITHOUT THE RED AORDER To verify the authendcity of this Power of Attorney. call I 800-42 I - 3 880 or contacl us at w$w.travelersbond .com - Please refer to the Atlomey-In-Fact number, the above-named individuals and the details of the bond to which the power is atrached- 1951 ACORb_O DAIE (iIM/DOIYYYY) 41t1212417 THIS CERTIFICATE IS ISSUED AS A i'ATTER OF INFORMATION OI{LY 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 PROOUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADOITIONAL INSUREO, the policy(ies) must bc endorscd. lf SUBROGATION lS WAIVED, subiect to the terms and conditions of the policy, certain policies may requiro an endorsoment. A stalement on this certificate does not confer rights to the cGdificate holder in lieu of such endorsement(s). PRODUCER Mach USA lnc 333 Soulh th Slreel, Suile 1400 Minneapolis, MN 55402-2400 Atln: MDu.C€iRequesl@ma6h corlr J43750-MASGGAWX-1 7,18 AfFOROING COVERAGE tNsuRERA: Lrberly MutualFie lns Co 23035 INSUREO Knile Ri!€r Corporation ' Nonhwest 5450 W. Go*en Road Boise, lD 837G INSURER B : N/A tNsuRER c . Liberly lnsurance Corporation 424U INSURER D INSURER E CERTIFICATE OF LIABILIry INSURANCE CERTIFICATE NUMBER:cHr.006984382-01COVERAGES REVISION NUMBER INSR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED AY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTi TS EACI] OCCURRENCE DAMAGE TO RENTEO PREMISES lE. mcur6ncel 2,000,000 s00 m0 MEO ExP (Any de p666)10 000$ 2 000,000$PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS . COMP/OP AGG COMYERCIAL GENERAT LIABILITY LAM.-MADE [ ] o."r^ GEN'L AGGREGAIE LTMIT APPLIES PER x X JECT LOC ER TB2 641,00509i 047 01fi1D417 0101/2018 s 4,000,000 4,000,000 COMAINEDSINGLE LIMIT BOOILY TNJURY (P6. p66on) 2,000,000 5 x x AUTOMOBILE I IABILITY HIRED AU-TOS SCHEDULEO AUIOS NON.owl!ED AUTOS At2-641-005097-057 01n1,2A17 DAI01/0 BODILY INJURY (Per acciden0 3 EACI] OCCURRENCE $ EXCESS fIAB RETENTIDED OCCUR 1,000,000$ 1,000,000$ c WOiKERS COI'PENSAIION AND Ef PLOYEiS' LIABILITY ANY PROPRlETORPARTNEFVEXECIJTIVE OFFICER/MEMSER EXCLUOEO? OESCRIPTION OF OPERATIONS bale N wA7{1D005097417 (A0S) WC2-641{05097{27 (Arar. Cosl) 1NCIUOES'STOP GAP- 01D1m17 01n1m17 0101/2018 0101/2018 E,L OISEASE.POLICYLIMIT E L EACH ACCIDENI X 1 000,000$ DESCRIPTION OF OPEiATIONS / LOCATIONS / VEIIICLES (ACORO 101, Addlnon.l R€@rrt S.h.duh, mry b. ttt .h.d It ' llm . p.r6 l! r.aulred) Rei Black Cat Trunk &rer - Phase 5 Consrudion. AubrDbile Lhbility is in luded per atrahod desiqnaH ln$rred Endorsen€nt CA 2018. CERTIFICATE HOLDER CANCELLATION CilyofMeidian 33 East Broadway Arenue Meriiian lD 83642 SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE OELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZEO REPRESENTATIVE ManashlMukheiee @ l9EE-20'14 ACORD CORPORATION. All riqhts resorved. ACORO 2s (2014/01)Tho ACORD name and logo are registered marks of ACORD Policy Number: A12-64 I -005097-057 lssued by LltJbRl Y \4Ll'l LlAL FIRE INSURANCE COI',|PANY THIS ENOORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULLY. NOTICE OF CANCELLATION TO THIRO PARTIES Thrs endorsement modities insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART I RUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEI\4NITY COVERAGE PART SELF.INSUREO TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXGESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PROOUCTSi COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LINBILITY COVERAGE PART COMMERCIAL LIABILITY _ UMBRELLA COVERAGE FORII Scheduls Namo of Other Person(s) /Number Oays Notice: Organization Per schedule of cenificate holders on lrle with the Company. Per schedule of cedificate holders on file with the Company. oar A lf we cancel this policy {or any reason other lhan nonpayment of premium. we will notify the persons or organizatrons shown rn the Schedule above. We will send notice lo the email or mailing address listed above at leasl 10 days, or the numbel ol days listed above, if any, before the canc€llalion beco[l8s effective. ln no evenl does lh€ notice to the third party exceed the notice to the first named Insured. B. This advance notrficalion of a pendrng cancellation o, coverage is intended as a courtesy only. Our farlure to provide such advance notificat on wrll not extend the policy canc€llation dale nor negale cancellation of tha policy AII other terrns and condilions of this polrcy remain unchanged. 9,t*l O 201 1 t rberty Mutual Group of Companies. All nghts reserved. lncludes copyrlghted nraterial of lnsurance Services Offtce. lnc., wilh ils penlrissi0n Email Address or malllng address: LrM 99 0'1 05 t.l Page 1 of 1 POLICY NUMBER: Al2-641 -005097-057 COMMERCIAL AUTO cA 20 48 10 t3 w,tl..l":p"..1 to coverage provided by thrs endorsement, the provisions of the coverage Form appryunressmodifiedbylhisendorsement. This endorsemenl identifi€s person(s) or organization(s) \a+ro are "insureds'' for Covered Autos LiabilityCoverageundartheWho-ls An lnsured provision of the Coverage Form, This endorssmont does not altercoverageprovidedintheCoverageForm. TIIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsen)enl modifies rnsurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM IVOTOR CARRIER COVERAGE FORM SCHEDULE Name Of Person(s) Or Organization(s): This pohcy will b€ primary and non-conkibutory lo any Ike insurance available to tlte person or organization noted abov€ lnformation ,eouired to com plete lhis Schedule , if nol shown above. will be shown in the Declarations Any prerson or organization whom you have agreed in wriling to add as an additional insured, but onlytocoverageandminimumlimitsofinsurancerequiredbythewittenagreementandinnoeventtoexc;ed ei rer the scope of coverage or the limits ol insurance provided in this poliiy. Each person or organization slDwn in the Schedule ls an "insured" for Covered Autos Liability Covsrago, but only to the extent thal person or organization qualifies as an "insured" under the Who ls An lnsured provision contained rn Paragraph A,1. of Seclion ll - Covered Autos Liability Covorage in theBusinessArrtoandMotorCanierCoverageFonnsand Paragraph O.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. gkfr,) cA 20 48 1013 (i lnsurance Services Office. lnc 20.11 Page I of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED. OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifes insurance pro/ided under the folloding COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nane Of Additiond lnstred Person(s) Or Orqanizdior{s): Location(s) Of Coverod Oporations Any persons or organizations for whom you hav€ agreed in writing, pdor to an "occurence" or offense" to provide additional insured status, and specif cally requiring his \€rsion of the endorsement All locatims as required in writing and agreed lo prior to an 'bccunence" or ofiense. lnfomation required to complete this Schedule, if not shor,/n above, will be shown in the Declarations. A Sec-tion ll - Who ls An lnsuod is amended to indude as an additional ins red the persm(s) or organization(s) shoum in the Schedule, but only with respect to liability for 'bodily injury', 'lroperty damage" or 'lersonal and ad\€rtising injury' caused, in whole or in part, by: l. Your ads or omissims; or 2. The ads or omissions of those acting on lDur behatt in the performance of your ongoing operations for the additional insured(s) at the location(s) desigf nated abo\r'e. B. \Mth respect to the insurance afforded to these additimal insureds, the follor/ing additional a(du- sims apply: This insurance does nct apply to'bodily iniury' or roperty damage" oco.lning after: 1. All lrork, including materials, parts or equip- ment fumished in connectim with sJfi vork, m the proiect (dher than service, maintenancearepairs) to be performed by or m befialf of the additional insured(s) at the location of the covered operations has been c,omplded; or cG 20 10 07 04 O ISO Properties, lnc., 2m4 Pqelol2 2. That portion of "your world' o.rt of yyhich the injury or damage arises has been put to its in- tended use by any person or organizatim other than another cmtractor or submntrador en- gaged in perfqming opeftttims for a principal as a part of the sanre proiect. Thls endo.sem.nt is ex.died by th. LIBERry MUTUAL FIRE TNSURANCE COMPANY Prmium $ Etlb€tiw Ode 01 N1 DO17 Foi. dtgchment to Po{lcy No. Audit Bai3 Expirdion Dd. 01Dl/20'18 T82-64 1 -005097-04 7 ssJed To ls$ed Countc.sgned by Sal.s Ofice and No. Page 2 ot 2 O ISO Propefties, lnc., 2@4 ALthorlzad Raprasdr .ll!! End. Serlal No. cG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Thls endorsement rmdifies insurance provided undrr the tbllowing: COMMERCIAL GENERAL TIABILITY COVERAGE PART SCHEDULE Ssction ll - Who le An lnsured ls amended to includa a8 an additiona insurcd the p6rson(s) or organizatior(s) stro,lrn In ths gchedule, hrt only with Iaspect to liabilly for'bodily injury' or'property dam- ege" caused, in whqh or in part, by 1&ur work" at thB locaUon deslgnated and degcribod in the sched- ule ol' thl$ sndofsomgnt p€rramed for that additiond lnsured and lnduded ln the "prodocls-compleled op..atlons hazrd'. Tll3 cndorsarrnt iB Gr.ciled by he I-ISERTY MUTUAL FiRE INSURANCE @MpA}.y Paemlum a Ef.crir"! tlalc l- I-20 l7 For attadmcnl b Po lcy No, Audt B.rlt 16!!61To lssued EIp rauon Dalc l- l-2O l8 TB ?-641 -00 5097447 CqJ[brllgn.d by S.hr Oflc6 eod No, Name Of .A.dd Or Locatlon And Descriptlon Of Completed Operallons Any pesons or organi2stions for whom you have agreed in writing, prior to an'occurence'or ofrense", lo provHe additionalinsured stitus, and specifically requirlrE lHs velslon of thB endorse- menl. All localions as requlred h writlng, and agreed lo pdor to an n@cursnce" or offensa. lnfomation reQuired lo comdele this Schedule, i{ ! ol Ehoivn above, will bc shown in the Dec,larations. cG 20 37 07 04 O ISO Prop€rtl$, lnc., 2004 Augodacd R?Faaan6fro d. Sodal tlo. Page 1 of 1 Policy Number TB}-641-ffiSWT -M7 lssued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEII/IENT CHAI'IGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILIry INDEMNITY COVERAGE PART SELF.INSURED TRUCKER EXCESS LIABILTTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILTTY COVERAGE PART LIOUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM Schodule Nane of Other Porsor{s) / Org rization(s): Email Ad&Bss or rnailing address:Nurnber Days Notice: Per Schedule of certifcate holders on f le Wth the Comoany 90 A. lf we cancel this pdicy for any reason other than nonpalment of premium, we will notify the persms or organizations $own in the Schedule abo\r€. We will send nctice to the einajl or mailing address listed above at least 10 days, or the number of days li$ed above, if any, before the cancdlation becomes efedive. ln no event does the ndice to the third pady exceed the notice to the first named insured. B. This advance notification of a pending cancellation of co\r'erage is intended as a courtesy only. Our fiailure to provide $dl advance notification will not odend the pdicy cancellation date nor negate cancellatim of the policy. All otherterms and conditions of this policy remain unchanged @ 2011 Liberty Mutual Group ofCompanies. All rights resen/ed. lncludes copyrighted material of lnsurance Servic€s Ofice, lnc., with its permission. LIM 99 01 05 1l This endor-ment modif es insurance provided under the following: Page 1 of 1 NOTICE OF CANCELLATION TO THIRO PARTIES O I l: ,:":"., lhis potrcy for any reason other llEn nonpayment ol p,emium, we will noti, ths porsonsororganl2aiionsshowninthoschedulebelow. try€ wi,l seno'notice to theimail or meit,ng uoa,"ss r,ireJoJq;uurloa6t10days. or rhs number or days risr€d trerow, r{ any, rr"ior" ncerraflon o.i"r-." " n""rr.'i, * .*"rdoesthenotucetothethirdpartyexceedlhenolicetothei€t ns.ra inirreo. B Thrs advaoce notificatron of a pendiflg canceflalion or coverage is inrend.d EE a courtesy onry. our fa urcroprovidesuchadvanc€ nolilicalion wili not sxtand the policy iancettation date nof negat€ cancellatron of th€po cy Namo ot Olher Pcrion(s) / Organiratlon(sl: Pet schcdule oi cert'lflcare holders on file rltth rhe cOnpan)- Schcdule EmEilAddress or m8iling rddress: Numb.r Days Notice: Per sclredul e of cettlflcatc holders on ftle L,lth the conpany g0 Allclher terms and conddons ol this po,icy remain unchanged lGsued by Ljbcrt\, lnEtrrancc Corporation 21814 Forelt duren oPotrcyNe.!^Ai-a{1,-00509?-017 efectw Oabf)l /01 l20l,. premrum i r..ued ro csnnr.,nniit lineri)- ttctdirlts, 1ne. j*r^ -D * yrZtr+. / wc 99 20 7s Ed l2;ot/2016 2016 I iberiy [4ut!tst Insurance Plrge 1 ol 1 NOTICE OF CANCELLATION TO THIRO PARTIES A. l{ we cancel lhis poicy for any reason olher than nonpaynenl of fxsmium wo wd/ nouy lhe Oersonsororganizalionssholvnlnlheschedulebolowwewillscndn;tc6 to ths omEit or m"il,.g " aJi.'."'iirrJJl"].* ,rleasll0dsysorthenumbero1d€ys lisled bebw, i, aoy, b€lore cancellation 0"""r"?" " n"atir.'rri* ."""rdoerlhenolicelothelhirdpartyexceedlhenolicetotheiir6.l na.ea iniurco B. Thjs.advance aolificalion o, a pend,ng cEncoihllon_ol coverage rs intand€d as a courtesy only. Our failuretoprovidesuchadvancenotificationwillnotsxteodlhepolicyfancela0ondatenorn"g"t. ;;,*1"iioi Jiir,,poticy- Name of Other PorEon{s} / Organirrtion(s,: Schedule Emall Address or mailing address: Number Days Notice: Pcr schedul e of certificatc holders on flle ulth the conPary Per schedul e of certificatr.: holders on frle wlth the corDpany 90 All olher terms ano condihons o( thjs policy ,emain unchanged rscued by l-iberry Murual Fire Insurp.ncc (ionpany 165g6 For attachnEn(o poticy No lJi:2-641-005097-027 ttteA,ve Oar.} i lOl /20!j lssur{ lo }lDf RcsQrrrccs Group, Inc. Prry5 Dax,,9-1br<,./ wc 98 2075Ed12t011201b 6) ?316 i ,br.irty Mslual Insurance Paoe 1 ol 1