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
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state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the.time of
performance of this Agreement. . Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor 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.
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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.
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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.
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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
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or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
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
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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
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23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. 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
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29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the 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
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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
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PART 2 - MATERIALS
NOT USED
PART 3 - WORKMANSHIP
NOT USED
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Project 10613.b
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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
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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
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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
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Lawerence Denney, Secretary of State
Filed 28 Apr 2004
CORPORATIO N
GOODSTANDING
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( 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
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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
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UNL,MITED ACTIVE Excsvation,
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IDSOS Viewing Business Entity Page 1 of}
IDAHO SECRETARY OF STATE
Viewing Business Entity
Lawerence Denney, Secretary of State
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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:
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