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Granite Exacavation, Inc. - E. Washington & Carlton Sewer Main ReplacementCONTRACT FOR PUBLIC WORKS CONSTRUCTION EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT PROJECT # 10613.8 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 7th day of February, 2017, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "C|il",33 East BroadwayAvenue, Meridian, Idaho 83642, and Granite Excavation. lnc., hereinafter referred to as.CONTRACTOR", whose business address is 23 Warm Lake Hvw Cascade, ID 8361 1 and whose Public Works Contractor License # is C-16558-u-2-4. INTRODUCTION Whereas, the City has a need forservices involving EASTWASHINGTON & CARLTON SEWER MAIN REPLACEMENT; 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. lf any such work is copyrightable, the Contractor may copyright the same, exceptthat, 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, EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 1 of 16 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 otherwarranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreementwill be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work rnay be revised from time to time upon mutual written consent of the parties. 2. Gonsideration 2.1 The Contractorshall 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 $425.318.52. 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 additionalconsideration, 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. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613 b page 2 of 16 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 incidentalwork, corrections or repairs remain forthe physicalcompletion of the totalcontract. Contractorshallbe liable to the City for any delay beyond this time period in the amount of $300.00 (three 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 $300.00 (three 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 lf, 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. ln 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. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT page 3 of 16 Project 10613.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 deteimined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependent Contractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shallbe 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 alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractorshalldetermine 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. lf 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 Contracto"r. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 L Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, 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. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 4 of 16 9. lndemnification 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 aqrees that it will maintain. throuqhout the term of this Aqreement. liabilitv insurance. in which the CITY shallbe named qn additionalinsured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, 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 lnsurance, 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. ln 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, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho 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 lnsurance coverage shallbe primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 5 of 16 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 Co ntracto r a nd Co ntracto r's age nts, rep rese ntatives, em ployees o r 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 lmprovement 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 ldaho. ln 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 for2 years from the date of the City of Meridian acceptance perthe 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 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b Page 6 of 16 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. ltems 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 add ress: http://www. meridiancitv. orq/environmenta L aspx?id= 1 36 1 8. 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 Contractofs 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 lnformation: 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 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 7 of 16 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 lnspections: 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, R€production 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: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll 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 affirmatite 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. ln 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 ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22 Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page I of 16 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. Gonstruction and Severability: lf 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 untilthe City has received a tax release from the Tax Commission. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 9 of 16 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 lnvitation for Bid document, then the winning bidders submitted bid document. 31. Gompliance with Laws: ln 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 ldaho, 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 othenrvise 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 208-489-0417 34. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b CONTRACTOR GRANITE EXCAVATION, INC Attn: Josh Davis 23 Warm Lake Hwy Cascade, lD 8361 1 Phone: 208-382-41 88 Email : brad@gran iteexcavation.com ldaho Public Works License #C-16558 -u-2-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Approval Required: This Agreement shall not become effective or binding untilapproved by the City of Meridian. page 10 of 16 CITY OF MERIDIAN BY: TAMMY dRD, MAYOR Dated: 7 c)917 Approved by Council: T Attest: m C. JAY OLE ITY CLERK Purchasing Approval BY: KEITHATTS, urc asing Manager Dated:: Project Manager TROY THRALL GRANITE EXCAVATION, INC. Dated: !� I dj W 0 Depaytr�ent ■ ..1)rrarra...,�1u„° Dated:: I! 7- '-f / ! 7 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT page 11 of 16 Project 10613.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1716.10614.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-I714-10613.b, are by this reference made a part hereof. SPECIFICATIONS ISCOPE OF WORK All constructio,n work sha;ll be done in accordance with the 2012 version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). PART 1- GENERAL 1.1 . SECTION INCLUDES A. OWNER furnished products. B. CONTRACTOR use of site and premises C. Work Sequence. D. Public Safety and Convenience. 12 GENERAL DESCRIPTION OF WORK A. The project consists of: 1. This project consists of constructing approximately 2,OT9linealfeet of 8" gravity trunk sewer, 2,465 lineal feet of 4" sewer services, miscellaneous connection existing sewer, manhole and existing sewer abandonments, installation of new manholes, and other related and miscellaneous work. EASTWASHINGToN & GARLToN SEWER MAIN REPLAoEMENT page 12 of ,16 Project 10613.b 1 3 CONTRACTOR USE OF SITE AND PREMISES A. Limit use of site and premises to allow: Landowner access to services and full utilization of their property. Public rights-of-ways. Work by Others and Work by Owner. All vehicle, freight and emergency access to residences and related work activities. Construction operations are limited to rights-of-ways and agreements secured between the Contractor and landowner. 1.4. WORK SEQUENCE A detailed work sequence or phasing plan shall be submitted at the Preconstruction Meeting for the Engineer's review. lt shall take into consideration as a minimum: coordlnation of sanitary sewer services, services maintenance, sewage bypass requirements, resident access and operation maintenance, worker and public pedestrian control, access to and from residential property. Referto SP-2102for additional information. General sequences of the work shall accommodate the following: The Contractor shall provide adequate notice to residences prior to construction to inform them of the services design coordination, project schedule, and all other work activities. Refer to SP-2102for additional requirements. Alltie-in elevations with existing collection sewers and existing sewer service lines must be independently verified and the Engineer notified of any discrepancies from the Plans, prior to beginning construction of the collection sewer. Refer to SP-21 02 for services coordination. Construction of the 8-inch collection sewer must begin at the downstream connecting manhole, installed, tested and approved by the City of Meridian. All work sequencing shall comply with the approved traffic control plan. 1.5 PUBLIC SAFETY AND CONVENIENCE The CONTRACTOR, at all times, must consider the effect construction has on public safety and take action and consider all options possible to assure the least possible obstruction to residencies , ingress/egress, and public traffic. Convenience and protection of the general public and personal property shall be of prime importance and shall be provided for by the CONTRACTOR in an adequate and satisfactory manner. 1 2 3 4 B A A B 1 2 3 4 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 13 of 16 PART 2 - MATERIALS NOT USED PART 3 - WORKMANSHIP NOT USED EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b page 14 of 16 Exhibit B MILESTONE I PAYMENT SCHEDULE A Total and complete compensation for this Agreement shall not exceed $425,318.52. EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 10613.b Milestone 1 Substantial Com pletion 90 Days from Notice to Proceed Milestone 2 Final Completion 120 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT per IFB PW-1714- 10613.b NOT TO EXCEED CONTRACT TOTAL...$425.318.52 - 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 Gity will pay the contractor based on actual ouantities of each item of work in accordancb with the contract documents. Item No.Description Quantity Unit Unit Price 205.4.1.8.1 Dewatering 1 LS $ 3,907.00 304.4.1.B.1 Trench Foundation Stabilization Material 80 TN $ 2,492.00 306 .4.1. D.1 lmported Trench Backfill 360 TN $ 11,098.80 Tvpe C Surface Restoration (Sewer Main)17 LF $ 582.59307 .4.1.D.1 307.4.1.D.3 Type C Surface Restoration (Sewer Service)36 LF $ 1,468.80 2042 LF $ 122,765.04307.4.1.F.1 Type ''P-1" Surface Restoration (Asphalt Roadway - Sewer Main) 367 LF $ 9,288 .77307.4.1.F.5 Type "P-1" Surface Restoration (Asphalt Roadway - Sewer Service) 17 EA $ 4,150.38308.4.1.C.1 PVC Casing Sleeve - Sewer Main $ 2,066.3513EA308 .4.1.C.3 PVC Casing Sleeve - Sewer Service LF $ 41 ,836 .20Gravitv Sewer - B" PVC 1470501 .4 .1. B. 1 609 LF $ 17,624.46Gravitv Sewer - 8" PVC (Water Class Pipe)501 .4.1.8.5 12 EA $ 24,780.00502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 2 EA $ 1 ,816.00502.4.1. F.1 Connect to Existing Sewer or Manhole LF $ 107,079.602465504 .4.1. E. 1 Sewer Service - 4-anch 1 001 LF $ 7,057.05507 .4.1.1.1 Abandon Sewer Main page 15 of 16 DATESISC 507.4.1.M 1 Abandon Manhole 5 EA $ 3,290.00 507 .4.1.N.1 Abandon Sewer Main Cleanout 1 EA $ 723.00 601 .4.1.8.1 lrriqation/ Storm Drain Crossinq 2 EA $ 2,436.00 706 .4.1.4.5 6-inch Vertical Curb and Gutter 20 LF $ 1,141 .20 706 .4.1.8.1 Concrete Valley Gutter 8 LF $ 2,245.28 706.4.1.E.1 Concrete Sidewalk - 5 inch 15 SY $ 1 ,617 .00 1 003 .4.1 .4. 1 Fiber Rolls 1 190 LF $ 2,380.00 1006 .4.1 .C 1 lnlet Protection 8 EA $ 452.40 1 103 .4.1 .4. 1 Construction Traffic Control 1 LS $ 10,500.00 201A.4.1 .A. 1 Mobi lizatio n (5o/o Max. )1 LS $ 17,785.00 2020.4.1 .F 1 Reference and Reset Monuments 11 EA $ 7,359.00 SP- 2102.4.1 .4. 1 Construction Coord ination 1 LS $ 1,239.00 SP- 2105.4.1 .4. 1 Sewaqe Bv-Pass Svstems 1 LS $ 6,844.00 SP- 2216.4.1.A. 1 Storm Water Manaqement 1 LS $ 1,942.00 SP- 2220.4.1 .4. 1 Water Main Lowering 40 LF $ 7,351 .60 EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT Project 1 061 3.b page 16 of 16 BID RESULTS Si g n e d Ad d e n d u m 1 Ad d e n d u m 2 Ad d e n d u m 3 Bi d B o n d Li c # Su b s Ce r t i f i c a t i o n X X X X X X X X X X X X X O X X X X X X X X X X X X X X Attest: Troy Thrall, Public Works VENDOR Blue Sky Construction Alta Constuction Knife River Granite Excavation Opened by: Sandra Ramirez, Purchasing Specialist $563,177.00 $425,318.52 $387,602.49 Non-Responsive BID AMOUNT $491,206.98 DUE DATE & TIME: January 12, 2017 2:30 BID NUMBER: PW-1714-10613.b BID NAME: EAST WASHINGTON & CARLTON SEWER MAIN REPLACEMENT City Of lderidian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Incfuded In Report 3590 - Ylw Construction Projects 50 - Enterpaige Eund From L0/1,/2016 Through 9/30/2077 9s000 10515.d 10577.a 10618.a 10716.a 10121.A Carr. . . Capital Outlay Service Line /t,Iain Replacement NW 2nd Street Water and Sewer Line Replacement Constructi-o Water and Sewer Line Replacement E. Pine Ave Meridian Rd Sewer Line Replacement West Washington St NW 4th to NW 1 E Vflilliams st Sewer Main Replacement Sewer Main Replacement NW 1st Street Design Carryforward Total Capital Outlay TOTAL EXPENDITURES Budget with Amendments 1, 500, 000 . 00 0.00 0.00 0.00 0.00 0.00 1,381,093.20 2, 881r 093.20 2 ,88 1, 0 93 .20 Current Year Actual 0.00 6,'750.00 43,417.10 3, 050 . 00 11,978.00 32,855.00 0.00 98, 050. 10 98, 050. 10 Budge t Remaining Percent of Budget Remaining 1,500,000.00 (6,'7 5o . 00 ) (43,477.10) (3,050.00) (11,978.00) (32,855.00) 1,381,093.20 100.00% 0.00% 0.008 0.00% 0.00% 0.00% 100.00% 2 783 043.10 96.60eo 2,J83,043.10 96 . 60e. Date: 1./26/11 10:33:06 AM Page: 1 Bond No. 8D742752 Performance Bond CONTRACTOR: (^totie, legal stat,d and addrcss) Granite Excavation, lnc. 23 Warm Lake Highway Cascade ID Document A31ZrM - 2010 Conforms vJith The American Institulc ofArchitecls AIA Document 312 SURETY: (Nofie, legal slahts and p ncipalplace o!b siness) Nationwide IVlutual lnsurance Company One Wesl Nationwide Blvd., .1-04-701 Columbus OH 4321s 2220 Mailing Address for N6tices Thls documenl has lmportant legal consequences. Consullalion \ryith an at(orney ls encouraged wiih respectto its completion or modircalion. Any slngulaa reFerenco lo Conlractor, Surety, Owner or other party shell be consuered plural \,r'here applicable. Four Hundred Twenty Five Tl'rousand Three Hundred Eighteen Dollars and 52l100 83611 OWNERT (Na e,lcgalstdfits ond oddrcss) City of Meridian 33 East Broadway Ave., Ste. 1 06 Meridian lD 83642 CONSTRUCTION CONTRACT Date: January 24,2017 Amount: $ 425,318.52 Dcscription: (No e and location) East Washington & Carlton Sewer Main Replacement BOND Datc: January 24,2017 (Not earlier thon Consl,ltction (:ontrucl Date) Amount: g 425,318.52 Modilications to thisBond; I Nonc CONTRACTOR AS PRINCIPAL C'ornpany: Granite Excavation, lnc. (Corporute Seal) Signahrre Narne 5o54 DatJ afi'lirle: ?fti ,Er4- Four Hundred Twenty Five Thousand Three Hundred Eighteen Dollars and 52l'100 ! Scc Scction 16 SURETY Companyf (Coryorate Seal) Nationwide Mutual lnsurance Company Signaturc: Name Eli A Schneider and Title: Att 'ey-in-Fact (Any odditional sigrlzfin es appcar on thc lost poge o/ this Per/oruance Bond,) (FOR INFORMATI1N ONLI' - Naue, addrcss ohd tclephohe) AGENToTBRoKER: OWNER'S REPRESENTATIVE: Moreton & Company (Atchitecr' Ekgineet u orhet Porty:) '12639 West Explorer Dr., Suite 200 Boise lD 83713 208-321-9300 i\ At s-1852/AS 8/'10 S 1 Thc Contractor and Surery,joiDtly and sevcrally, bjnd themsclvcs, leirheirs, executors, administrqlors, successors and ossigns to thc Ownel for the performance ofthe Conslruction Con[act, *'hich is incorporated lterein by refcrcnce. S 2Iflie Contractor performs the Corstruction Contracl, the Surety and the Contractor shall have no obligation undcr tlis Bond, exccpt lvhcn applicable lo panicipate in a confcrence as provided in Sec{.ion 3. $ 3 If there is no Orvner Dc faul t under the Construction Contraot, the Surcty's obligalion undcr this Bond shall arise after .'l the O*,ner firstprovides [olicc lo thc Contractor and thc Surerythat the Owner is considcring deelal.ing o Contmctor l)efault. Such nolice shall ifldicate whether the O$oer is rcqucsting a confcrcncc among the O\\Ier, Contractor ard Surefy to discuss lhc Contractor's pcrforEancc. If (hc O$ncr docs not rcqucst a conferencc, thc Surciy may, wit]rin live (5) business days afler receipt of lhc Owncr's notice, requestsuch a conference.lfthe Surety timely rcqucsts a confcrencel the Orroer shall atlend. Unlcss lhc Olvnor agrees othenvise, any conference requestcd u0der this Section 3.1 shall be held within tcn (10) business days ofthe Surcly's receipt ofthe Ownels notice, Ifthe Orvner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable timc to perform the Construction Contract, but such an agreement shall not waive the Orme/s right, if any, subsequently to dec]are a ConL?ctor Default; .2 the Orvncr dcclarcs a Contractor Dcfault, tcrminatcs the Construction Conkact and notifics tlle Surety; and .3 the O\wer has agreed 1o pay thc ts a lancc of tl) e Contract Pd ce in accordan cc with the lcrms o f thc Cons tructioD Contract to thc Surely or to a contractor selected to perfonn the Co struclion Conlracl. S 4 Failurc on dl€ part of[re O\yncr to comply Nith ths noticc rcquilcnrent in Sectio[ 3,1 shall Dot constilute a failure to con]ply wifi a condition preccdcnt to Lhc Surcfy's obligalions, orlelcasc thc Surety from its obligatiofls, excepl to the exlent the Surety dernonsl-rates actualprejudice. S 5 Whcn thc O$ner hus satisfied thc conditions ofSection 3, thc Surcty shall promptly and at the Surely's expense take one of the following acti0ns: $ 5.1 furarge for the Conuactor, vith the consent ofthe Ot\Der, to perform and complete the Construction Contr,rcl; S 5.2 Undc(akc to pcrform and complete thc Constmction Contract itself, lhrough ils agents ot indepeDdent con(mctors; $ 5,3 Obtain bids or negotiated proposals li'om qualified contractors acceptable to th€ O$ner for a contract for pcrfomance and completion ofthe Conslruction Contrtcl" aflangc for a conraot to be preparcd forcxccutioo by lhc Or"ncr and a contractor selccted witi thc Owner's concunenc€, to be secured rvith pcrlormancc and paymcDt bonds cxccutcd by a qualified surety equivalcnt to thc bonds issucd on the Conslruction Contracl and pay to thc O$fler tre amounl ofdamages as dgscdbed b Section 7 il excess ofthe Balance oftlle Contract Price incuaed by the O\mer as a rcsull ofthe Conhactor Default; or S 5,4 Waivc ils right to pcrform and completc, anangc for compl€tioD, or oblail a ne\v contmctorand with reasonable promntness under the circumstanccs: ,1 Aflcr hvcsligatioq dctc.minc thc amount for lvhich itmay be liable to the Ownerand, &s soon as practicable after lhe arnount is detcrmincd, makc paymcot to fic Owner; or .2 Deny liability in whole or in part and nolifl $e Orvner, citing dre rcasons fordenial. S 6 Ilthe Surety does not procecd as provided in Section 5 }vith reasonablc promptncss, thc Surcty shall bc deemed to be in default on this Bond seven days a0er receipt o[an additional rwitten notice from the Ormer to thc Surety dcmaDding that the Surety perform is obligations uoder this Bond, and the Ormershall bc cnlitlcd to cnforcc any rcmedy availablc to the Orvner. Ifthe Surety procecds as provided ir S€ction 5.4, and the Orvncrrellscs thc payment ortle Surety has denied liability, in rvhole orirl part, \,r'ithout further notice the O!\,ner shall be entitled to enforcc any remedy available to the Owner, s-185ZAS B/10 S 7 Ifthe Surety elects to aot under Section 5.1, 5.2 o! 5,3, then the responsibilities ofthe Suroty to the OM6r shall not be greater than thosc of thc Contractor under the Construction ContracL and the responsibilities ofthe Otyner to the Surely shall not bc Bcatcr than thosc ofthc Orwcr undcr tic conslruction Contracl. Subject to the commitment by the Or\ncr to pay thc Balancc ofOc Contract Price, thc Surety is obligated, wjthout duplicatioD,lor .1 thc rcspo sibililics of the Contractor for concctib! of defective \yoik and completion of the. Construction Contract; .2 additional legal, dcsign plofessional and delay costs resulling fronr the Controctor's Default, and rcsulting from the actions ot failure to act of le Surety undcr Section 5; and .3 liqu idated damages, o, if no liqu idaled damages are spgcified in the Conslruction Contract, actual damages caused by delayed perfonnance or non-performance of the Contractor, S 8 Ifttrc Surety elects to ?ct undc. Sectio[ 5.1, 5.3 0r 5.4, the Surcty's liability is Iinrited to the amount ollhis Bond, $ 9 'Ihe Surety shall not be liablc to the Olrnsr or olhers for obligations ofthe Confactor that arc u rclatcd to t}lc Constructio'r Contr"ct, arld thc Dalancc olthe Contract Price shull nol be reduced or set offon irccount ofary such uffclatcd obligations. No right ofaction shall accroc on tllis Bond to aoy person orcn(ity otler than thc olvncr or its hcirs, cxccutors, adminishators, successors and assigns. $ '1 1 A ny proceeding, lcgal or equitablc, undcr thjs Bond n1ay bc institutcd in a ny court of competent ju risd ict ion in tie location in \\ hich the $,ork or part ofthc lyork is Iocatcd a,ld shall bc institutcd wilhiu t\yo years aliet a declaratiol of Conlractor Default ot \vidrin two ycars alter thc ContrBclor ccascd rvorking or within hvo years afler the Surety refuses or fails to perlolEl its obligations under this Bond, whichever occurs first. Illhe ptovisiotts of this l'aragr aph are void or plohibited by larv, the tninirnrim period of Iimitation available to sureties as a defcnse in $ejurisdiction oI the snil shall be applicable. S 12 Notice to tlle Surcty, thc Oltnc[ ol thc Conlraclol shall bc mailcd ol dclivcred to the address sho$n on the page on rvhich theirsigoature appcals. $ 13 Wheo tlris Bond has been fumished to comply with a statutory or olher lcgal requirement in the Iocation where the construction was to be performed, any provision il this Bortd conflicting rvith said strlutory or legal rcquirenient shall be deemed deleled hereliom and provisions confolmiflS to such statutory or olher legal requiremenl. shrll bc deemed incorporaterl herein. When so fiimishcd, the inlcnt is that fiis Bond shall bc construed as a statutory bond and not as a common ln\v bond, S 14 Definitions S 14.1 Balance of the contract Prlce. Thc total amount payable by the O$rer to the Cootactor under the Construclion Coltract afler all proper adjutmcnls havc bccn madq including altorvancc to lhe Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contmctor is entitled, reduced by all valid and proper payments made to or on behallol'the Conkactor under the Construction Contract, S 14.2 C onstruction Contract. lhe ageement tehveen the Owner and Contractor identiiied on the cover page, including all Contract Documents and chanBes made to the agreement and the Contract Documents. S 14.3 contractor Defaull. Foilure ofthe Contractor, lvhich has not bccn r€medied or rvaivcd, to pcrform or oihcnvisc to conlply with a matcrial telm of the ConstructioD Conlract. S 14.4 owner Default. Failure ofthe orvaer, which has not been remedied or lvaived, to pay the Contractor as required under the constructionconhact or !o pcrfoml and complete or comply with tle other marerial terms olthe consku;tion co[tract. S 14.5 Contract Documents. Allfte documents that comprise the agreement betlv€en the Orvner and Contractor. $ 15 Ifthis Bond-is issued for ao ogreemeot betlveen a Contrsctor alrd subconkaotor, tle tem Contractor i, this Bond shall bc dccmcd to bcSubcontractor and the lerm Otvnershall be deemed tobe Conkoctor. s-1852/AS B/10 $ 10 Thc Surety hereby \vaives nolicc ofany changc, inchrcling changcs oltinc, to the Constructio, Contract or to relatcd subcontrac(s, purchasc orders and other obligations, (Space is pt'ovided belov fot, qdditional sigrattrcs ofadded parties, other than lhose oppearilg oD lhe coter pa4e) CONTRACTOR AS PRINCIPAL SURETY Company: (Cot pot.ate Seal) Company: Signnnlre:Signature: (Corpo,ale Se.tl) Name and Title; Address Name and Title: Address s-185ZAS 8/10 S t 6 l\'lodi li cations to this bond are as follorvs: Bond No. 8D742752 Payment Bond CONTRACTOR: Noue, lcgalstans and addtess) Granite Excavation, lnc. 23 Warm Lake Highway Cascade lD OWNER: Noulq legalstot s and addrcss) City of Meridian 33 East Broadway Ave., Ste Meridian lD CONSTRUCTION CONTRACTDale: January 24,2017 Amount: $ 425,3,] 8.52 Description: (Naue and location) East Washington & Carlton Sewer l\,4ain Replacement BONDDatc: January 24,2017 Nol ediiet lhon Conslnrction Co truct Date) Amount: $ 425,318.52 Modifications to this Bond: I Nonc CONTRACTOR AS PRINCIPALCompany: (Cotporate Seal) Granite Excavation, lnc. Signaturc: Namc ---V--> rt ? *!,) and Title: - (rttsioa-<' Document A312rM - 2010 Four Hundred Twenty Five Thousand Three Hundred Eighteen Dollars and 52l'100 n See Sectior 18 Conforms with The American lnstitute of Architects AIA Document 312 SI,-,RETY: (Nat e, legtlstat sa d prhlcipol place oJbt$inets) Nationwide Mutual lnsurance Company One West Nationwide Blvd., 1-04-701 Columbus OH Aoz.ts.zzzo Mailing Address for Notices This document has important Iegal consequences. Consul(alion wlth an altorney Is encouraged with respecl lo its complelion or moditicalion. Any slngular reference to Contraclor, Surety, Owner or olhcr parly shall be consldered plure, !vhere applicable. Four Hundred Twenty Five Thousand Three llundred Eighteen Dollars and 52l100 836'1'1 106 83642 SURETYCompany: (Corporate Seol) Nationwide Mutual lnsurance Company Signature Namc and Title: h A Schneider ey-in-Fact (./thy additiohal signaltrrcs oppeat on ite last page of this Paynent Bond) (FOR INFORIUTION ONLY - Nane, oddrcss qnd lelephone) AGENToTBROKER: OWNER'S REPRESENTATIVE: lvloreton & Company (Architect' Ehginear ot'other patty:) '12639 Wesl Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 s-2'149/AS 8/10 $ I thc Contractor and Surety,jointly and severally, bind themselves, their heirs, exeoutors, udminiskatoN, successols and assigns to tiq Owncr to pay for labor, materials and equipment lumished for use in the performance ofthe Consh-uclion Confac(, \vhich is incorporatcd herein byreference, subject 10 the lollowing tcrms. S 2 Ifthe Conlnctor plomptly makes payrnent ofall sums due to Ciaimants, and dcfcnds, indemnifies aod holds harmless the Otmer Oonl claims, demands, Iiens ot suits by any person or€ntity seeking payment for Iabor, matcrials or cquipnrclt ftimished for use in the performa]cc of lhc Construction ContracL {hcn tlc S!rcty and lhc Contraclorsball havc no obligalion under this }lond. S 3 Ifthcrc is no O\wer Default under the Corstruction Contract) thc Surcly's obligation to the Orvner rrnder t}ljs Bond shall arise aflcr thc Owncr has promptly notificd thc Conbag(or and lic Sutcty (at thc addrcss described in Section l3) of claims, demands, IicIS or suits agailst the OrvDer or lhe Owncr's propcdy by any pqson or cnlity seeking paymcnt for labor, matcdals or cquipment fumished for use iD the perlormance ofthe Construction Conlract and tcndcred dcfcnsc ofsuch clainrs, dcmands, licns orsuits to the Contractor.nd the Stlrety. $ 4 Vhcn tle Owner has satisfied the conditions in Secl.ion 3, the Surcty shall promptly an(l at the Surety's expcnsc dcfcnd, indcmni! aad hold harmless the Orvnei against a duly tendered olaim, demand, lien or soit. $ 5 Thc Surcry's obligations to a Clain)ant lnderthis tsond shall arisc afte( the follo\vints S 5.1 Claihants, who do not have a dircct contract with {he Contractor, '1 have fumislted a $t it lcn notice o f nol-plym ellt to the Conlractor, sto tiDg wit] subs ian Iia I ac cu I acy thc ir nount claimed and the name ofthe party to NIom lhe materials \rcrc, or cquipmcnt \vas, fumishcd or supplicd or for lvhom the labor was done or perfonned, within nincty (90) days aftcr having last pcrformcd laboror last filnishcd materials or equipnlent inchrded in the Claim; and. ,2 hayc scnt a Claim (o thc Surcty (at thc address described in Section l3). S 5.2 Claimanls, who arc cmploycd by orhavc a dircct contract rvith the Contracto! have senl a CIdfl to Ure Surety (at Ore address described in Section l3). $ 6 If a notice of non-paymcnt rcqu ired by Scction 5, I .l is givcn by the O wner to the Con tractor, that is su ffi cient (o s atisly a CIairnont's obligation to furdsh a written notice ofnon.trayment under Section 5.1.1. $ 7 WIen a Claimant has satisfied thc condilions ofSections 5.1 or 5.2, whichever is applicable, (he Surety shall prornptly and at the Surety's expcnse take tlle follolvin8 actions: 5 7.1 Send an answer to the Claimant, rvilh a copy to the Owner, wi6in sixty (60) days ufter reccipt of thc Claim, stating thc amounts that are undisp led and the basis for challenging any amounts that are disputcd; and $ 7.2 Pay or arrangc for payment ofauy undisputed amornts $ 7'3 The Surety's failure to discharge its obligations undcr Section 7,1 or Section 7.2 shall not bc dccmcd to constitute a lyaiver ofdefenses lhe Surety orContractormay have or acquire as to a Claim, except as to undisputed amouDts for lyhich thc Surcty and Clain)ant Imve reached ageement. If, horvever, the Surety fails to dischargc its obligations undcr Scclion 7.1 or Scction ?.2, thc Surety shall indemr ry dte Claimant for the reasonable a(tome),s fecs thc Claimalt incurs thcrean€rto rccover any srms found to be due and orving to the Claima.'lt, S 8 The Surety's total obligation shall not exceed lhe amount ofthis Bond, plus the amount ofreasonuble rttomey's fees providcd undcr Scction ?.3, and the amourt of this Bond shall be credited lor any paymcnrs made in good failh by the Surety. S I Amounts owed by the Olvner to the Conkactor undcr thc Construction Contract shall be used for the perfomance oftlte Constructio[ Cont].act and to_satisfr claims, if any, llndcr any conslruetiol pcrformance bond. By lhe Contractor fl]rnishing aod the Orvner accepting this Bond, they agree thtrt all fuds earDcd by the Conhactor in the performance olthe Construction Contact are dedicated to satisfu obligation,s oihe Conttactorand Surcty undcr this Bond, subject to the Olyner's priority to use tie funds for the completion ofthe work, . s-2149/AS 8/1 0 S 10 Thc Surcty shallnot bc liable to Lhe O\yner, Claimaflls orothers for obligations ofthe Cotrtractor (hat arc unrclated to dlc Conshuction Contract. Thq Owner shall not bc liable for &e payment of any costs or expenses of aoy Claimatt undcr this Bond, aad shall have uodcr tlris Bold no obligation to make paymenls lq or give notice on behalfof, Claimaais or othcrwiso havc any obligatioDs to Claimarts under $js Bond. S 11 The Surety hereby rvaives notice ofany change, including cbanges oftime, to re Construclion Contact or to relatcd subconaacts, purchase orders and other obligations, S 12 No suit or aclion shall bc commcnccd by a Ciaimant uoder this Bold other 0ran in a court olcdinpctentjurisdiction ir the state iD which the project lhat is tic subjcct oflhc Conslruction Cotrbact is localed or afler the expLation ofonc yeor ftom the date (1) oB which thc Clai!1ant scnt a Clajm lo the Surcty pur$lart lo Scction 5.1.2 ot 5.2, or (2) otr ryhich lhe last labor or service was pcrlormed by anyone or thc last malcrials ot equilment lycrc firmished by anyone under the Construction Contract, uliichever oi(1) or (2) first occurs. If thc provisions of this ?aragraph arc void or prohibited by larv, thc midDum period olljmitation available to sureties as a defense in thejurisdiction ofthc suit shallbc applicable, $ 13 Notice and CIaims to tle Sur0ly,0re ONner or fie Cortractor sball bc mailcd ordclivercd to thc addrcss shown on thcragc on which their sig0alure appears, Aclual rcccipt ofnoti0e or Claims, holvcvcr accomplished, shall be sufficicnt compliance as ofthe date reccived. S 14 When this Bond has bccn fumishcd to comply lrith a stalutory or olher legal requirement in lic location where the construction lvas to be pcrformed, any provision in this Bond conflictingrrith said statutory or legal requbement sh0llbc deemed deleted hcrcftom and provisions conforming to such stahrtory orother lcgal rcqu irement shall be dccmed incorporalcd herein. Whcn so fumishcd, thc irtcnt is that this Bond shall be construcd as a statutorybond and not as a coEuaon law bond. S 15 Upon request by any person or entity appearing to be I potential bcncficiary ofthis Bond, the Contractor and Olvner shal] promplly fumish a copy ofthis Bond orshollpemit o copy to be madc. S 16 Definitions S 16,1 C laim. A witten statement by tie Claimant including at a minimum: .1 the nome oflhe Claimant; ,2 tlte nome oflheperson for rvhom lhc laborlvas donc, ot matedals or equiprDent fufirished; ,3 a copy ofthc agrccmcnt or purchase ordcr pursuant to which labor, materials or equipment was fumished for usc in thc pcrformancc olthc Construction Contractj .4 a brief description ofthe labor, materials or equipment fumished; .5 the date on which llre Claimant last performed labor or last fumished matedals or equipment for usc in the pelfomlance ofthe Construction Contmct; .6 tlc total amount camcd by the Claimant for labor, materials or equipment fumished as of the dale ofthe Claio; .7 fte total amount ofprcvious paymcnts receivsd by the Claimanu atrd .8 the totBl smount due and unpaid to tle Claimalt for labor, materials or €quipment fiIoished as ofthe dato ofthe Claim. S 16.2 Claimant, An iodividual or entity havirg a dircct conllact wilh the CoBtractor or with a subcontractot ofthe Contractor to firmish labor, materials or equipment for use in the performance ofthe Conskuction Coobact. Thc tcrm Claimant also includes any individual or entity that has rightfully asserted a claim underan applicablc mcchardc's licn orsimilarstatute agahst the rcat property upon tvhich lhe Project is located. The iDteDt ofthis Bond shall be to include \vithout limitation in tic tcrms "labor, materials or equipmetrt" tlat part of \\ater, gas, porver, lighl heat, oil, gasoline, tclephone service or rcntal cquipmcit used in the Colsfruatio! Cotrtract, architectural and engineerirg services required for performalce ofthe rvork ofthe Conkactor and the Conlractofs subcortractoB, and all ofier iterns for which a mechanic! lien may be asserted in thcjurisdiction whcrc tlrc labor, m0tedals or equipmetrt lverc fumished. S 16.3 construction Contract. The agreemen! between the Orvner ord Conhactor identificd otr thc covcr page, including all Contract Documetts and all cbanges rnade to the ogreement ond the Contrac[ Documents. s-21 49/AS 8/1 0 S '16.4 owner Default. Failure ofthe oiwer, rvhich has not been renedied or waived, to pay the ConEactor as rcquircd undcr thc Conltructionco kact or to pe.form ard complete or comply rvilh tle otier material tcrms ofthe construction contract. S 16.6 Contract Documents, All the documenls tlat comprise the agrcement bellveen (he Owner and Coolraclor. $ 17 If this Bond is issued for an sgreement betwgeo a Contmctor ar)d subcont-ractor, the term Contrsctor in this Bond shail bc dccmcd to bc Subcontractor ar)d the tern Orvnershall be deemed to be CoflEactor. S 18 Modilications to this bond ore as follorvs; (space is pt ovided belov lor addirionol sighortl,es of added parries, orher rhon rhose appearitry on the covet poge.) CONTRACTOR AS PRINGIPAL SURETYCornpany: (Corporote Sea!) Company: Signature:Signature: NarDe and Title: Address Name and Title: Addrcss (Corporue Seal) s-2149/AS 8/10 KNOW ALL I\,1EN BY THESE PRESENIS THAT Nalionwide Mutual lnsurance Company, an Ohio corporalion Farmland Mutual lnsurance Company, an lowa corporation Naiionwide Agribusiness lnsurance Company, an lowa corporalion Power of Attorney AMCO lnsurance Company, an lowa corporation Allied Property and Casualty lnsurance Company, an lowa corporation Depositors lnsurance Company, an lowa corporalion hereinalter relerred 1o severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint Elizabcth A. Schneicler and other obligatory instruments of similar nalure, in penalties not exceeding the sum of oNE NIILLION AND NO/t00 I)OLLARS $t,000,000.00 and to bind the Companythereby, as lully and to the same exlent as if such instruments were signed bythe duly authorized officers of the Company;and all acts ol said Atlorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuanl lo and by authority of the following resolulion duly adopted bythe board of directors ol the Company: "RESOLVED,lhat the president, or any vice president be, and each hereby is, authorized and empoweredto appoinl attorneys-in{act of the Company, and to aulhorize them lo execule and deliver on behal, of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracls ol indemnity, policies, contracts guaranteeing the lidelity ol persons holding positions ol public or private trust, and otherwitings obllgalor in nature thatthe business of the Company may require; and lo modiiy or revoke, wilh orwithout cause, any such appointment or authority;provided, however, that the authoritygranted herebyshall in no way limil the authorily of other duly authorized agents to sign and countersign any of said documenls on behalf ol the Company." 'RESOLVED FURTHER, thal such attorneys-in{act shall have full power and authority to execute and deliver any and all such documents and to bind the Company subjecl to the terms and llmitations ol the power of attorney issued to them, and to aflix the sealol the Company thereto; provided, however, that said seal shallnot be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execulion of lnstruments. Any vice president, any assislant secretary or any assistant treasurer shall have the power and aulhority to sign or attesl all approved documenls, instruments, contracls, orother papers in connection with the operation ofthe business oithe company in addition to the chai.man ofthe board, the chief executive oflicer, president, treasurer or secrelary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, conlract, inslrument, or other papers of the Company. lN WITNESS WHEREOF, the Company has caused this instrument to be sealed 131 day ol Februarv, egjlL. and duly atlested by lhe signature ol ils oflicer the Terrance Williams, President and Chiel Operating Orlicer of Nationwide Agribusiness lnsurance Company and Farmland Lrutual lnsurance Company; and Vice President of Nationwide l\,4ulual lnsurance Company, A[rCO lnsurance Company, Allied Property and Casually lnsurance Company, and Depositors lnsurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNry OF POLK: ss On this 131day of EgDIgAq, ?lllll, belore me came the above-named otficerlor the Companies aforesaid,to me personally known to be the officer described in and who execuled the preceding instrument, and he acknowledged the execution ofthe same, and being by me dulysworn, deposes and says,thal he istheotlicer ofthe Companies aforesaid, that the seals alfixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said inslrument bythe authority and direction of said Companies. i.{;ft}lrgs5-' ,, (SEAL a 6{&1*ss$i' i{Jfi}\'kg*' Sandy Alttz Nolrrirl S€d - Iowa Commission Ntrmb€r 1s278s My ComBission Expir€s MNr.h,U, 2or7 SEAL. $ts$>' ,Jrr-raV eg Nolary Public My Commission Expires March 24,2017CEBTIFICATE l, Robert W Horner lll, Secretary ol the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power ol attorney issued by the Company;thal the resolution included therein is a true and correcl kanscripl from the minutes olthe meetings olthe boards of directors and the same has notbeen revoked or amended in any manner;lhat said Terrance Williams was on the date of the execution ofthe foregoing power of attorneythe duly elected otficer oflhe Companies, and the corporate seals and hls signature as officer were duly atfixed and subscribed to the said instrument by the authority ol said board of directors;and the foregoing power ol attorney is still in full force and effect, lN wITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seats of said Companies tnrs -afulday or Tcrnrr ar L.zo 11o This Power of Attorney Expires b?t t-- ,/- -" Secretary BDJ 1(03-r4) 00 March 24, 2017 Client#:7880 GRANITEEXC ACORD.," CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOTYYYY) 112412017 TIlIS CERTIFICATE IS ISSUED AS A MATTEF OF INFORMATION ONLY AND CONFERS NO BIGHTS UPON THE CERTIFICATE HOLDER. THIS CEBTIFICATE DOES NOT AFFIRMATIVELY OB NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CEBTIFICATE OF INSUBANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREB(S), AUTHORIZED BEPRESENTATIVE OR PRODUCEF, AND THE CERTIFICATE HOLDEB. IMPORTANT: lI the certificate holder is an ADDITIONAL INSUBED, the policy(ies) must be endorsed. lI SUBROGATION lS WAIVED, subject to the terms and conditions ol the policy, certain poticies may require an endorsemenl. A statement on this certilicate does not confer rights to the certificate holder in lieu of such endorsement(s). [!][1cr Liz Sctrneider I 10677 38733 208-32'l -0101 AFFORDING COVERAG: INSURED N t1 L eschneider@ moreton.com 208 32'l -9300 INSUFEF D PBODUCER Moreton & Company - ldaho P.O. Box 191030 Boise, lD 83719 208 321-9300 Granite Excavation lnc 23 Warm Lake Highway Cascade, lD 83611 1115u6gp a Cincinnati lnsurance Company COVERAGES REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSUBANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDAAOVE FOBTHE POLICY PERIOD IND]CATED, NOTWITHSTANDING ANY REOU]REI\4ENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUI,4ENT WITH BESPECT TO WHICH THIS CERTIF1CATE MAY BE ISSUED OR IVAY PERTAIN, THE INSUBANCE AFFORDED AY THE POLICIES DESCBIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED AY PAID CLAIMS. INSR TYPE OF INSUBANCE SUB POLICY NUIlIBEB i,!I,UDDAYY A x coi,lr!!EBcraL GENERAT- LTABTLTTY EPPO2542s1 Form Attached GA233 2lO7 6/09/20'16 061091201 EACB OCCURRENCE sl 000 000 ENIEL)s500 000OLAIMS-IIAOE occun X FI/PD Deq:2,500 x MED EXP (An s10 000 PEBSONAL & AOV INJURY S,I 000 000 GEN.L AGGqEGATE LI[,I T APPL ES PER GENERAL AGGFEGATE 000 000 POLICY OTHER JECT LOC PFIOOUCTS. COMP/OP AGG 000 000 A AUTOMOBILE LIABILITY E840254251 610912016 06109120'l COMBINED S NGLE LIMII 1 000 000 x ALL OWNEO AUTOS BODILY NJUBY (Per person)s SCHEOULEO AUTOS NON,OWNEO AUTOS BODILY NJURY (P€r accidenl)s x x EFTY DAMAGE sH RED AUTOS s X x A x UMBBELLA LIAB x OCCUR CLAIMS.MADEEXCESS LIAB I-]ED FETENT ON B WORKEFS COMPENSATION PLOYEFS LIABILITY ANY PROPRIETOFL/PAFTNEFUEXECUTIVE OFF CEfu MEMBER EXCLUDED? DESCRIPTION OF OPERATIONS be ow EPP0254251 16DWS10081 06/09/2016 0410112016 0610912017 EACI] OCCUFBENCE s4,000.000 AGGBEGATE s4,000,000 S o4lo'112017 x E L EACH ACC OENT s1,000,000 E L D SEASE. EA EMPLOYEE s1,000,000 E.L. D SEASE. POLICY L r\l T $1,000,000 DESCRIPTION OF OPEFATIONS / LOCATIONS / VEHICLES (ACOnD ,01, Additional Femarls Sch.dul6, may b€ axached il more sprce is rcquircd) Re; East Washington & Carlton Sewer Main Beplacement NCELLATION @ 1988-2014 ACORD CORPOBATION. All rights reserved SHOULD ANY OF THE ABOVE DESCBIBED POLICIES BE CANCELLED BEFORE THE EXPIRAIION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PBOVISIONS, 0*y 4rn4 AUTHOFIZEO REPRESENTATIVE ACORD 2s (2014/01) 1 ot 1 #s893508/M824229 The ACOBD name and logo are registered marks ol ACORO ELISC kr CERTIFICATE NU[4BER: TNSUREF B . Alaska National lnsurance Co, INSUREN C: Ltu TsIrNSB IVVD City of Meridian its elected oflicials, oflicers, employees, agents, volunleers 33 E Broadway Ave. Meridian, lD 83642 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTORS' GOIVIMERCIAL GENERAL LIAEILITV BROADENEE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coveraqe: Employee Benefi t Liability Coverage Unintentional Failure to Disclose Hazards.... Damage to Premises Rented to You Supplementary Payments ..... Medical Payments.....................,..... votuntary ijroperty pr'r'iiJdii icl,"'"irs; ;:i;; c;;;; cuitoay or conrror Liability Coverage (Coverage b.).--.-................... 180 Day Coverage for Newly Fonned or Acquired Organizations Waiver of Subrogation .................... Automatic Additional lnsured - Specifled Relationships:. Managers or Lessors of Premises; " Lessor of Leased Equipment;. Vendors,. Slate or Political Subdivisions - Permits Relating to Premises;. State or Political Subdivisions - Permits; and. Contractors'Operations Broadened Contractual Liability - Work Within 50' of Railroad Property ........ 2 7 o II 7. o. 9. a 10 10 10 10. 11. Property Damage to Borrowed Equipment........... 12, Employees as lnsureds - Specified Health Care Services: " Nurses;. Emergency l\4edical Technicians: and. Paramedics 13, Broadened Notice of Occurrence.................,.......14 B. Limits of lnsurance: The Commercial General Liability Limits of lnsurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Goverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000Deductible: $ 1 ,000 3, Damage to Premises Rented to You The lesser of: a. The Each Orcurrence Limit shown in the Declarations; or b, $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 lncludes copyrighted material of lnsurance Services Oflrce, lnc., wllh lts permission.GA 233 02 07 Page 1 of 15 Beoins on Paqe: 1. 2. J. 4. 5. 6. 6 V_oluntary Property Damage (Coverage a,) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of lnsurance (Each Occurrence) Coverage a. $'1 ,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ $_ COVERAGE PREMIUM BASIS a) b) c) d) e) Area Payroll Gross Sales Units Other RATE (For Limits in Excess of $5,ooo) ADVANCE PREMIUM (For Limits in Excess of $5,000) b Care, Custody or Control s TOTAL ANNUAL PREMIUM $ 11 , Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000Deductible: $ 250 C. Coverages: 1 Employee Benefit Liability Coverage a. The following is added to SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) lnsuring Agreement (a) We will pay those sums that the insured becomes leqally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the in- sured agalnst any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1) The amount we will pay for damages is limited as described in SEC- TION III . LIMITS OF INSURANCE; and 2) Our right and duty to defend ends when we have used up the ap- plicable lirnit of insur- ance in the payment ofjudgments or settle- ments. No olher obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission, is negli-gently commifled in the "ad m in istration " of your "employee benefit pro- gram"; and 1) Occurs during the pol- icy period; or 2) Occurred prior to the effective date of this endorsement provided: a) You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of aclaim oT "suit"when any "authorized repre- sentative"; lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 2 of 15 i) Reports all, or any part, of theact, erroT or omission to usor any other lnsurer; ii) Receives a written or ver- bal demand or claim for dam- ages because of the act, er-ror or omis- sioni and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodiiy lnjury, Property Damage or Personal and Advertising lnjury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudu lent, Criminal or Malicious Act Damages arising out of anyintentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, commitled by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) lnsufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the'employee benefit pro- gram". (e) lnadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1) Failure of any invesl ment to perform; 2l Errors in providing in- formation on past per- formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to parlicipate in any plan included in lhe "em-ployee benefit pro- gram,'. (0 Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the nrandatory provisions of any workers' compensation, unemploynrent compensa- tion insurance, social secu- rity or disability benefits law or any similar Iaw. (s) ERISA Damages for which any ln- sured is liable because of liability imposed on a llduci- ary by the Employee Re- tirement lncome Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local Iaws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reason- able effort and cooperation of the insured, from the ap- plicable funds accrued or other collectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the lnternal Revenue Code or any similar state or local law. [i) Employment-Related Practices Any liability arising out of any: (1) Refusalto employ; (2) Terminalion of em- ployment; (3) Coercion, demotion, evaluation, reassign- ment, discipline, defa-mation, harassment, humiliation, discrimina- tion or other employ- lncludes copyrighted material of Insurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I . COVERAGES, SUPPLEMENTARY PAY. MENTS-COVERAGESAAND B also apply to this Coverage. b. Who is an lnsured As respects Employee Benefit Liabil- ity Coverage, SECTION Il - WHO IS AN INSURED is deleted in its en- tirety and replaced.by the following: (1) lf you are designated in the Declarations as: (a) An individual, .you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner- (b) A partoership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business, (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business.Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers'' and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your lrustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of tlre following is also an insu red: (a) Each of your "employees" who is or was authorized to administer your "employee beneflt program". (b) Any persons, organizationsor "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal represenlative if you die, but only with re- spect to duties as such.That representative wlll have all your rights and du- ties under this Coverage Pa rt. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named lnsured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) ls afforded only until the '180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization, Limits of lnsurance As respects Employee Benefit Liabil- ity Coverage, SECTION lll - LIMITS oF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of lnsurance shown in Section B. Limits of lnsur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) lnsureds; c lncludes copyrighted material of Insurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 4 of 15 (b) Claims made or "suits" brought; (c) Persons or organizations making claims or bringing "suits"; (d) Acts, errors or omissions; or (e) Benefits included in your "employee benefit pro- gram,,. (2) The Aggregate Limit shown in Section B, Limits of lnsurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, er-rors or omissions negligently commifted in the "administra- tion" of your "employee beneflt program". (3) Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limitsof lnsurance, f. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; oT (b) A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid un- der this endorsement shall not exceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "em- ployee benefit program". (4) Deductlble Amount (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex-cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. (b) The deductible amount stated in the Declarations applies to all damages sustained by any one "em-ployee", including such "employee's" dependents and beneficiaries, because ol all acts, errors or omis- sions to which this insur- ance applies. (c) The terms of this insurance, including those with respect lo: 1) Our right and duty to defend the insured against any "suits" seeking tltose dam- ages; and 2) Your duties, and the duties of any other in- volved insured, in the event of an act, erroT or omission, or claim, apply irrespective of the application of the deductible amount. (d) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. d. AdditionalConditions As respects Employee Beneflt Li. ability Coverage, SECTION lV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as follows: (1) ltem 2. Duties in the Event of Occurrence, Offense, Glaim or Suit is deleted in its entirety and replaced by the following: 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit a. You must see to it that we are noti- fied as soon as practicable of an act, enor or omission which may result in a claim. To the extent possible, no- tice should include: (1) What the act, error or omission was and when it occurred; and (2) The names and addresses of anyone who may suffer dam- ages as a result of the act, eTror or omtsston. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission,GA 233 02 07 Page 5 of '15 b. lf a claim is made or "suit" is brought against any insured, you must: ('l) lmmediately record the speci,lcs of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: {1) lmmediately send us copies ofany demands, notices, sum- monses or legal papers re- ceived in connection with the clalm or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the clairror defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or otganiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) ltem 5, Other lnsurance is de- leted in its entirety and replaced by the following: 5, Other Insurance lf other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are Iimited as follows: Primary Insurance This insurance is pri- mary except when c, below applies. lf this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing lf all of the other insur- ance permits conlribu- tion by equal shares,we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none ofthe loss remains, whichever comes flrsl lf any of the other in- surance does not per-mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. AdditionalDefinitions As respects Employee Benefit Li. ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following deflnitions are a dded: ''Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of ''employee benefit programs"; lnterpreting the "em- ployee beneflt pro- grams"; records in with the benefit pro- d. Effecting, continuing or terminating any "em- ployee's" participation d 1 b. c Handling connection "employee grams"; or lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 6 of 15 in any benefit included in the "employee bene- fit program''. However, "administration" does not include: a. Handling payroll de- ductions; or b. The failure to elfect or maintain any insuranceor adequate Iimits of coverage of insurance, including but not limitedto unemployment in- surance, social security benellts, workers' com- pensation and disability beneflts. 2, "Cafeteria plans" mcans plan authorized by applica- ble law to allow "employ- ees" to elect to pay lor cer- tain benefrts with pre-tax dollars. 3. "Employee benefit pro- gTams" means a program providing some or all o[ the tollowing benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance;group accident or health insurance; den- tal, vision and hearingplans: and flexiblespending accounts; provided that no one other than an "em- ployee" may subscribeto such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligi- bility requirements; b, Profit sharing plans,employee savings plans, employee stock ownership plans, pen- sion plans and stocksubscription plans, provided that no one other than an "em- ployee" may subscribeto such benefits and such benefits are made generally available toall "employees' who are eligible under the plan for such benelits; c. Unemployment insur- ance, social security 2 benefits, workers' com- pensation and disability beneflts; and d, Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transpor- tation and health club subsidies. (2) The following definitions are deleted in their entirety and re- placed by the following: 21. "Suit" means a civil pro- ceeding in which money damages because of an act, erToT or omission to which this insurance applies are alleged. "Suit" includes: a- An arbitration pro- ceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c. An appeal oI a civil proceeding. 8. "Employee" means a per- son actively employed, for- merly employed, on leave of absence or disabled, orretired. "Employee" in- cludes a "leased worker". "Employee" does not in- clude a "temporary workei'. Unintentional Failure to Disclose Haz' ards SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the followlng; Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 7 of '15 3 Damage to Premises Rented to You a. The last Subparagraph of Paragraph2, SECTION I . COVERAGES, COVERAGE A. . BODILY INJURY AND PROPERTY DAMAGE, 2. LI- ABILITY Exclusions is hereby de- leted and replaced by the following: Exclusions c. through q, do not apply to damage by fire, explosion, Iight- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b, The insurance provided under SEc- TION I - COVERAGES, COVERAGEA. BODILY INJURY AND PROP. ERTY DAMAGE LIABILITY applies to "property damage" arising oul of water damage to premises that are both rented to and occupied by you. (1) As respects Water Damage Le-gal Liability, as provided in Paragraph 3,b. above: The exclusions under SECTIoNI . COVERAGES, COVERAGEA. BODILY INJURY AND PROPERTY DAMAGE LIABIL. ITY, 2. Exclusions, other than i, War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a) "Property damage": 1) Assumed in any con- tract; or 2) Loss caused by or re- sulting from any of the following: a) Wear and tear: b) Rust, corToslon,fungus, decay, deterioratlon, hid- den or latent de- fect or any qualityin property that causes it to dam- age or destroy it- self; c) Smog; d) Mechanicalbreakdown in- cluding rupture or bursting causedby centrifugal force; Includes copyrighted material of lnsurance Services Office, Inc., with its permission. e) Settling, cracking, shrinking or ex- panston; or f) Nesting or infesta- tion, or dischargeor release of waste products or secretions, by in- sects, birds, ro- dents or other animals. (b) Loss caused directly or indi- rectly by any of the follow- tng: 1) Earthquake, volcanic eruption, Iandslide or any other earlh move- ment; 2) Water that backs up or overflows from a sewer, drain or sump; 3) Water under the glound surface press- ing on, or flowing or seeping through: a) Foundations, walls, floors oT paved surfaces; b) Basements, whether paved or not; or c) Doors, windows or other openings. (c) Loss caused by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or flre protection systems caused by or resulting from freez- ing, unless: 1) You did your best to maintain heat in the building or structure; or 2) You drained the equipment and shut off the water supply if the heat was not main- tained. (d) Loss to or damage to: 1) Plumbing, heating, air conditioning, fire pro- tection systems, oT other equipment or ap- pliances; or 2) The interior of any building or structure, or to personal property in the building or structure GA 233 02 07 Page 8 of 15 c. Limit of lnsurance The Damaqe to Premises Rented to You Limit as shown in the Declara tions is amended as follows: (2) Paragraph 6. of SECTION lll . LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, theDamage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, fordamages because of "property damage" to premises while rented to you or temporarily occupied by you with permisslon of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of lnsurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. SupplementaryPayments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS . COVER. AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of lnsurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic iaw violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage ap-plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at oJr request to assis't us in the investioation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of lnsurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. caused by or resulting from rain, snow, sleet or ice, lvhether driven by wlnd or not. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of lnsurance, 5. Medical Pay- ments of this endorsement 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we wiil make these payments regardloss of fault. b, Care, Custody or Control Liability Coverage SEGTION I . COVERAGES, COV. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j, Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" tothe property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol. lowing additional provisions apply: a, The Limits of lnsurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Contro, Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and notin addition to the limits being re-placed. The Limits of lnsurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) lnsureds; (2) Claims made or "suits" brought; or (3) Persons or ing claims or organizations mak- bringing "suits". lncludes copyrighted material of lnsurance Services Office, Inc., with its permission.GA 233 02 07 Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occuffence'' which are in ex- cess of lhe deductible amount stated in Sectlon B. Limits of lnsurance, 6. Voluntary Prop. erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or ''suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notilication of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION ll - WHO lS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4, is hereby deleted and replaced by the fol- lowing: a. lnsurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LlABlLlry CONDITIONS, I. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written 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 "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. 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. 9. Automatic Additional lnsured - Speci- fied Relationships a. The Iollowing is hereby added to SECTION II . WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addl- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in elfect orbecomes effective during the policy pe- riodi and 2) Executed prior to an "occurt-ence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Pa rt. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coyerage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a,(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any 'occurrence' which takes place after lncludes copyrighted material of lnsurance Services Off'lce, lnc., with its permission.GA 233 02 07 Page 10 of 15 you cease to be a ten- ant in that premises. 2) Structural alterations,new construction or demolition operations perlormed by or on be- half of such additional insured. (b) Any person or organizationfrom which you lease equipment with whom you have agreed per Pat agraph 9.a,(1) above to provide in surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you o[ equipment leased to you by such per- son(s) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease exprres. (c) Any person or organization (referred to below as ven- dor) with whom you haveagreed per Paragraph 9,a,(1) above to provide in- surance, but only with re- spect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1) The insurance afforded the vendor does not apply to: a) "Bodily injury" or "property damage" for which the ven, dor is obligated topay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that thevendor would have in the ab- sence of the con-tract or agree- ment; b) Any express war- ranty unauthorized by you; c) Any physical or chemlcal Ghangein the product made intentionally by the vendor; d) Repackaging, un-less unpacked solely for the pur- pose of inspection, demonstration, testing, or thesubstitution ofparts under in- structions from the manufacturer, andthen repackagedin the original container; e) Any failure tomake such in- spections, adjust- ments, tests or servicing as thevendor has agreed to make or normally under- takes to make in the usual courseof business, in connection with the distribution or sale of the prod- ucts; f) Demonstralion, in- stallation, seNic- ing or repair op- erations, exceptsuch operations performed at the vendor's premises in connection withthe sale of the producti g) Products which, after distribution or sale by you, have been labeled or relabeled or usedas a container, part or ingredient of any other thing or substance bv or for the vendor. ' 2) This insuTance d not apply to any sured person or ganization: oes in- or- a) From whom youhave acquired such products, orany ingredient, part or container, entering into, ac- GA 233 02 07 lncludes copyrighted material of lnsurance Services Otflce, lnc., with its permission.Page 11 of 15 companyrng containing products; or OT SUCh b) When liability in- cluded wilhin the "products- completed opera- tions hazard" hasbeen excluded under this Cover- age Part with re-spect to such products. (d) Any state or political subd vision with which you haveagreed per Paragraph 9.a,(1) above to provide in- surance, subject to the foL- lowing additional provision: This insurance applies only with respect to tlre following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1) The existence, mainte- nance, repair, con- struction, erection, or removal of. advertising stgns, awnrngs, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decora- tions and similar expo- sures; or 2) The construction, erec- tion, or removal of ele- vators; or 3) The ownership, main- tenance, or use of any elevators covered by this insurance. (e) Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1) above to provide in- surance, subject to the fol- lowing provisions: 1) This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permil 2) This insurance does not apply to ''bodily in-jury", ''property dam- age" or "personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. (f) Any person or organization with which you have agreedper Paragraph 9.a.(1) above to provide insurance, but only with respect to li- ability arising out of "your work" performed for that additional insured by you or on your behalf. A person or organization's status as an insured under lhis provislon of this endorsement contin- ues fo: only the period of time required by the wriften contract or agreement, but in no event beyond the ex- piration date of this Cover- age Part. lf there is no written contract or agree- ment, or if no period of time is required by the written contract or agreement, aperson or organlzation's status as an insured underthis endorsement ends when your operations for that insured are completed. (3) Any insurance provided to an additional insured designated under Paragraph 9,a.(2): (a) Subparagraphs (e) and (0 does not apply to "bodily injury" or "property damage" included within the "prod- ucts-completed operations hazard"i (b) Subparagraphs (a), (b), (d), (e) and (f) does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or their agents, "employees" or any other representative of the additional insured; or (c) Subparagraph (f) does not apply to "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of: 1) Defects ln design fur- nished by or on behalf lncludes copyrighted material of lnsurance Services Offlce, lnc.. with its permission.Page 12 of 15c4233 02 07 of the additional in- sured; or 2) The rendering of, or failure to render, any professional architec- tural, .engineering .orsurveytng servlcos, tn- cluding: a) The preparing, approving or fail- ing to prepare orapprove maps,shop drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and speciflcations; and b) Supervisory, in- spection, archi- tectural or engi- neering activities. 3) "Your work" for which a consolidated (wrap-up) insurance program has been provided by tlre primecontractor-project manager or owner of the construction pro.ject in which you are in- volved. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION lll - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in lhe written contract or aqreement or in the Declarations rif this Coverage Part, whichever are less. lf no limits are specified in the written contract or agreement, or if there is no written contr€ct or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c, SECTION IV . COMMERCIAL GEN- ERAL LIABILITY CONDTTTONS is hereby amended as follows: (1) Condition 5. Other lnsurance is amended to include: (a) Where required by a written contract or agreement, this insurance is primary and /or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and / or noncon- tributing, whiGhever applies, with this insurance. (b) Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1) As otherwise providedin SECTION lV COMMERCIAL GEN-ERAL LIABILITY CONDITIONS, 5. Other lnsurance, b. Excess lnsurance;or 2) For any other valid and collectible insurance available to the addi- tional insured as an addjtional insured by attachment of an en- dorsement to another insurance policy that is writlen on an excessbasis. In such case, the coverage provided under this endorse- ment shall also be ex- cess. (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to SpecificWritten Contract or Agreement With respect to additional insureds described in Para- graph I.a.(2XE above only: lf a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a. Be provided by the ln- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b, lnclude coverage for completed operations; ot c. lnclude coverage for "your work"; and where the limits or cov- erage provided to the addi- lncludes copyrighted material of lnsurance Services Offlce, lnc., with its permission.GA 233 02 07 Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, theterms of Paragraphs 9.a.(3)(a), e.a.(3)(b) oi 9.b. above, or any combination thereof, shall be inlerpreted as providing the limits or coverage required by the terms of the written contract oT agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. lf, how- ever, the wlitten contract or agreement specifies the ln- surance Seruices Office additional insured form number CG 20 10 but does not specity which edition, or specilles an edition that does not exist, Paragraphs s.a.(3xa) and 9.a.(3)(b) of this endorsement shall not appty and Paragraph 9.b. of this endorsement shall ap- plv. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.{1} ol Definition 12. "lnsured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip. ment a. The following is heieby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - GOVERAGES, COVERAGEA. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b, With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of lnsurance, 11. of this endorsement with respectto coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of lnsurance shown in Section B. Limits of lnsurance, 11 , of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) lnsureds; (b) Claims made or "suits" brought; or (c) Persons making "suits". or organizations claims or bring (2) Deductible Clause (a) Our obligation to pay dam- ages on youT behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated ln Section B. Limits of lnsur- ance, 11, of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Conditlon 2. Duties in the Event of Occurrence, Of. fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any pad or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as lnsureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1Xd) of SECTION ll - WHo lS AN INSURED, does not apply to your "em- ployees" who provide professional health care seryices on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties inthe Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER.CIAL GENERAL LIABILITY CONDI. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.GA 233 02 07 Page 14 of 15 TIONS) is hereby deleted and replaced by the following; a. You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim- To the extent possible, notice should include: (1) How, when and where the ''oc- currence'' or of[ense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense_ This requirement appljes only when the "occurrence" or offense is known to an "authorized representative"- GA 233 02 07 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.Page 15 of 15 IDSOS Search Results Search Result Summary IDAHO SECRETARY OF STATE Search Results Page 1 of I Lawerence Denney, Secretary of State Filed 28 Apr 2004 CORPORATIO N GOODSTANDING I New Search ] Search Results 1 through 1 ( GRANITE EXCAVATION, INC, .,, GRANITE EXCAVATION, INC. ) GRANITE EXCAVATION, INC. rview oetailst Organizational ID / Filing number: Cl544L2 23 WARM LAKE HWY CASCADE, ID 83611 Td^h6 qc.raterv r1f qteto'< Main pana State of ]da ho Home Paqe Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.oov https ://www.accessidaho. org/public/sos/corp/search.html 1t2012017 PublicWorks Search Page I of I .{ print Colpoanv License Work Lioense License Name Number Categorv l'vpc Class Slritlrs A!I]Iir.rrrt Qygl Comlrnr I i'nrI]!U ljlllarD ConrOElJ .., I rniratiorr Nrrnrc \ame AJrlres. Lj.11 S1i1!- 7;6J; l:l'u" D;. Parent Licensc Number 1655€ 00002, 01570, 02220. 02230. 02310, 02318, 02500, o2720. 02740. 02910, 18700 24 G€nnr UNL,MITED ACTIVE Excsvation, tnc cAscAoE o 836r1 (208) 342 6RA|2A17 41a8 https://web.dbs.idaho.gov/etrakit3/Custom/ldaho PublicWorksPrint.aspx 1120t2017 IDSOS Viewing Business Entity Page 1 of} IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summary ] I Get a certificate of existence for GRANITE EXCAVATION, INC. ] I Monitor GRANITE EXCAVATION, INC. business filings ] GRANTTE EXCAVATTON, rNC. 23 WARM LAKE HWY CASCADE, ID 83611 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 28 Apr 2OO4 Origination/Authorization : Initial Registered Agent: WETTE DAVIS 19 WARM LAKE HWY CASCADE, ID 83611 Organizational ID / Filing C1544L2 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Repoft: 22 Feb 2Ot6 Annual Report Due: Apr 2017 Original Filing: I Help Me Print/View TIFF ] Filed 28 Apr 2OO4INCORPORATION View Imaoe (pDF format) View Image (TIFF format) Annual Reports: I Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Online Report for year 2OL4 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2Ol2 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2O1O ANNUAL REPORT View Document Online Report for year 2OO9 ANNUAL REPORT View Document Online Report for year 2OO8 ANNUAL REPORT View Document Online Report for year 2OO7 ANNUAL View Image (pDF format) ViewREPORT Image (TIFF format) Report for year 2006 ANNUAL View Image (pDF format) ViewREPORT Image (TIFF format) http s : //www. ac ce s s i daho . or gl pub 1 i c/s o s/c o rp I C I 5 4 4 12 .html U27 12017