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Stevens & Sons Well Drilling - Storey Park Well Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Mike Barton/PM Date: 08/09/2017 Re: August 15th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 15th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to STEVENS & SONS WELL DRILLING, INC. for the STOREY PARK WELL project for a Not-To-Exceed amount of $59,550. Recommended Council Action: Award of Bid and Approval of Agreement to STEVENS & SONS WELL DRILLING, INC. for the Not-To-Exceed amount of $59,550 and authorize Purchasing Manager to sign Purchase Order for Not-to- Exceed amount of $59,550. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Goodstanding C-12526 10/31/2017 I. PROJECT INFORMATION 8/7/2017 6/1/2018 FY17 8/2/2017 Parks Storey Park Well V. BASIS OF AWARD 7/28/2017 August 4, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION August 9, 2017 VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved VII. TASK ORDER SELECTION (Project Manager to Complete) 8/7/2017 Award based on Low Bid Highest Ranked Vendor Selected $59,550 Mike Barton If yes, has policy been purchased? Construction Contractor - Stevens & Sons Drilling/Consultant - SPF Water III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 5200 93405 10768 TASK ORDER RFP / RFQ BID CONTRACT FOR PUBLIC WORKS CONSTRUCTION STOREY PARK WELL PROJECT # 10768 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of August 2017, and entered into by and between the City of Meridian, a Municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and STEVENS & SONS WELL DRILLING, INC., hereinafter referred to as "CONTRACTOR", whose business address is 3709 N Hawthorne Dr. Boise, ID 83703 and whose Public Works Contractor License # is C- 12526-B-4. I Whereas, the City has a need for services involving STOREY PARK WELL; T M14 WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide Such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, STOREY PARK WELL page 1 of 13 Project 10768 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $59.550. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. STOREY PARK WELL Protect 10768 page 2 of 13 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 Contractois 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: Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein. 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 under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 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. 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 seloff until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as STOREY PARK WELL Project '10768 page 3 of 13 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 agreemenl 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 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. 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 Contractor. Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work 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. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless ClTy and it,s elected officials, officers, employees, agenls, 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 employee s. CONTRACT OR shall maintain.and soecificallv rees that it will main tn u hout the term IS reement liab il rnsu rance.in which the CITY shall be na med an additional insured in the minimum amounts as follow: General Liabili ty One ltlillion Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars (91,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory STOREY PARK WELL Project 10768 page 4 of 13 7. Sub-Gontractors: 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 amounl 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 exlent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees orsubcontractors. STOREY PARK WELL Project 10768 page 5 of 13 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 with a Best's rating of no less than A-. 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 contracl services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance 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 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 execule 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. STOREY PARK WELL Project 10768 page 6 of 13 15. Meridian StormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual_ The CSWMP manual containing the procedures and guidelines can be found at this address: http.//www. merid ia ncitv. orq/environ mental. as px?id=1 3618 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 Contractols 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 Cily'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 Al 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 other means of recordlng 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 oflen 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 STOREY PARK WELL page 7 of 13 Project 10768 relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: 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. Conlractor witl take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlaMully 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, 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. ConstructionandSeverability: 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. STOREY PARK WELL Page I of 13 Project 10768 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 soft\rare. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approvalthat the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 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. Compliance 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. STOREY PARK WELL Project 10768 page I of 13 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian STEVENS & SONS WELL DRILLING, INC, Purchasing Manager Attn: Ron Stevens 33 E Broadway Ave 3709 N Hawthorne Dr. Meridian, ID 83642 Boise, ID 83703 208-489-0417 Phone: 208-344-0726 Ernail: ron Stevensdrilling@g mail, corn Idaho Public Works License # C -'12526-B-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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF_ 1AN----­­ STEVENS & S fI LING, INC. B BY: Y: TAMMY de RD, MAYOR Dated: -/1/7 Dated: Approved by Council: AV Ifl A/7 b9 - Attest: c'hy of C.JAY tOLES UIT'CLERK ERMAN&,— \ ! �"o SEAL STOREY PARK WELL page 10 of 13 Project 10708 Purchasing Approval BY: KEITH ATTS, Purchasing Manager Dated B ./O- t 1 Project Manager Mike Barton STOREY PARK WELL Project 10768 Depa nt p BY: IVIIKE N, PA s Superintendent Dated::-1-t1 page11of13 lt ) ")4t EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-1746.10768 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS inctuded in the lnvitation to Bid Package # PKS-I746-10768, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Sfandards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by SPF Water Engineering dated February 2017 (27 of pases) a STOREY PARK WELL Proiect 10768 page 12 ol 13 Exhibit B MILESTONE / PAYMENT SCHEDULE Total Bid Schedule A $59,5s0.00 NOT TO EXCEED CONTRACT TOTAL $59.500J0 MILESTONE DATES/SCHEDULE Mrlestone 1 Final Completion 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the STOREY PARK WELL per IFB PKS-1746-'10768 Con add i tract is a not to exceed amount. Line item pricing below will be used for invoice verification and any tional increases or decreases in work requested by city. The city will pay the contractor based on actual quantities of each item of work in accordance with the contract documents Contract Prici Schedule Description Quantity Unit Unit Price 1 Mobilization and demobilization 1 LS 4,000.00 25Q LF 3 tnGehical I Drill borehole 1 22.500.00 2,500.00 4 Furnish and install S" steel well casinq 22 LF 660.00 5 Furnish and insta ll 8' PVC well casing 190 LF 5,700.00 6 Furnish and install 8" well screen 6,400.00 7 Furnish and install sand filter ack 60 LF 8 Furnish and install annular well seal LF 2,280.00 6.650.00 o Well develo ent 16 PH 4,480.00 10 1 2,500.00 11 8 PH 1,320.00 Ri time 2 PH 560.00 STOREY PARK WELL Project 10768 page 13 of 13 A. Total and complete compensation for this Agreement shall not exceed $59,550. I 2 190 Item No. 40 lLFl FuJnish, install, and remove test pump Test pumpinq E IDIAN IDAH() BID NAME: Sto Park Well DUE DATE & TIME: Jul 27,2017 2:3O BID NUMBER: PKS-1746-10768 Opened Attest: VEN DOR E !@ dt = BID AMOUNT 5(Vlet-h < lon r'r'5a,550 Oo5 AZIWIF.E't/,/t/r'(IIIIIIIIIIIIIIIITITIIIIIIIIIIIIIIIIIIIII TSII BID RESULTS L] Cj.ty Of Melidr.arr Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Tncluded Io Report 01 - cenelal E\rnd 5200-Palks-Admin Frotr, 10/1/2A16 Through 9/30/2017 Budget with Actual Budgel Remaining Capital outlay Ir.prov-ments G Storey P.r k Totaf Capita L Outlay 13 0, 131 . 13 13 0, 131 . 13 0. 00 0.00 130-131.13 130-131. 13 1Q0.003 100.00* Percent of Budget Renaining 93405 DEPT EXPENDITURES TOTAL EXPENDITURES 130,131.13 I30, 131 . 13 0. 00 0. 0(l 13 0, 131 . 13 130,131.13 100.00r t ( s9100 ( CITY OF MERIDIAN STOREY PARK WELL BID ABSTRACT BID OPENING 7/27/2017 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total 1 Mobilization and demobilization 1 LS 15,000.00$ 15,000.00$ 4,000.00$ 4,000.00$ 2 Drill borehole 250 LF 200.00$ 50,000.00$ 90.00$ 22,500.00$ 3 Geophysical logging 1 LS 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 4 Furnish and install 8” steel well casing 22 LF 22.00$ 484.00$ 30.00$ 660.00$ 5 Furnish and install 8” PVC well casing 190 LF 25.00$ 4,750.00$ 30.00$ 5,700.00$ 6 Furnish and install 8” well screen 40 LF 120.00$ 4,800.00$ 160.00$ 6,400.00$ 7 Furnish and install sand filter pack 60 LF 50.00$ 3,000.00$ 38.00$ 2,280.00$ 8 Furnish and install annular well seal 190 LF 35.00$ 6,650.00$ 35.00$ 6,650.00$ 9 Well development 16 PH 350.00$ 5,600.00$ 280.00$ 4,480.00$ 10 Furnish, install, and remove test pump 1 LS 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 11 Test pumping 8 PH 225.00$ 1,800.00$ 165.00$ 1,320.00$ 12 Rig time 2 PH 350.00$ 700.00$ 280.00$ 560.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL BASE BID 99,784.00$ 59,550.00$ POST DRILLING INC STEVENS & SONS @ Swiss Re Corporate Solutions KNOW ALL BY THESE PRESENTS, thAt WC,Stevens & Sons Well Drillino, lnc North Americsn Specialty lnsurance Company Washington International In6uran€e Compaly Westpo lDsurance Corporation 1450 America[ I"ane, Suite 1100 SchaumbErS, lL 50173 Bond# 2259018 as Principal, and as Surety, are held and firmly bound untoNorth American S oe oa Itv ln surance Com anD City of Meridian Fifty Nine Thousand Five Hundred Fifty Dollars and 00/100 Dollars ($59.550.00 whereof said Principal and Surety bind themselves, jointly and severalln as provided herein. - as obli gee, in the penal sum of ) for the p alment WHEREAS, Principal has entered into a contract with Obligee dated Storey Park Well Auq ust 15, 2017 for ("Contract"), which is incorporated herein by reference for the limited purpose ofdefining the scope ofthe Construction Work. NOW, THEREFORE, the condition of this obligation is such that if Principal promptly and faithfully performs the Construction Work, then this obligation shall be null and void; ot]erwise to remain in fulI force and effect. IT IS FURTHER PROVIDED, that: 1. The obligation of Surety under this bond ("Bond") shall arise only when all the following conditions have been met: (A) The Obligee has fi:lfilled its obligations under the Conhacq and @) Principal is, and Obligee has declared Principal to be, in material default under the Contract for failing to perform the Construction Work ("Principal's Default'); and (C) Obligee has terminated the Contract and notified the Surety in writing of Principal's Default and such termination. 2. When a[[ the conditions in Section I are met, Surety shall have a reasonable period of time to investigate and elect at its sole discretion one ofthe following remedies: (A) Notiff Obligee that Surety elects to complete lhe performance ofthe Construction Work through conhactor(s) retained by Surety and then commence such performance with reasonable promptness. h this event, that portion ofthe Contract Balance as may be required !o complete the Construction Work or remedy Principal's Default and to reimburse Surety for its expenditures shall be paid to Surety at the times and in the manner as said sums would have been payable under the Contract to Principal had there been no Principal's Default; or (B) Notiry Obligee that it elects to arrange for a contract between Obligee and a replacement contractor acceptable to Obligee, such acceptance not to be unreasonably withheld, guaranteed by both contract payment and performance bonds provided by the replacement contractor in the amount ofthe replacement contract. kl this event, Surety shall pay Obligee that portion of the cost of the replacement contractor that is in excess of the Contract Balance. Such payment(s) may be made to Obligee in a lump sum (in the event of a lump sum contract) or periodically as incurred by Obligee; or (C) Request Obligee to complete the Construction Work. In this event, Surety shall pay Obligee that portion of the reasonable cost to complete the Construction Wort incurred by Obligee that is in excess of the Contract Balance; or KRcv.04/17 Pagc I of3 PrnronvuNcE BoND (D) A"rrange to give assistanee, financial or otherwise, !o the Principal to assist the Principal with completing the Conshuction Work. This remedy shall be zubject to Obligee's agreement, which shall not be unreasonably withheld. The Obligee shall pay the Conhact Balance as directed by Surety. In the event Surety provides financial assistance, Swety, in its sole discretion, may upon written notice to Obligee cease providing such financial assistance at any time, in which event Surety shall immediately make a further election under this Section 2; or (E) Noti$, the Obligee that Suety denies liability. Surety shall cite its reasons for the denial ofliability; or (F) After investigation, determine the amount for which Surety may be liable to the Obligee and as soon as' reasonably possible aller the amount is determined, make paymeni to the Obligee. 3. After Obligee has provided Surety with written notice of Principal's Default, and before the commencement of work under Section 2, subparagraphs (A) or (B), Obligee may, pursuant to its Contract dghts, mitigate the damages caused by the Principal's Default. If Obligee performs obligations under the Conhact during this period, Obligee shall be entitled to deduct the Mitigation Costs from the Conhact Balance. If the Contract Balance is exhausted, and Surety elects to proceed under Section 2, subparagraphs (A), (B), (C) or @), Surety shall reimburse Obtigee for the difference between the Contract Balance and the Mitigation Costs incurred and paid by Obligee. 4. If Surety proceeds under Section 2, zubparagraphs (A), (B), (C), @) or (F), Surety may also advise in the notice of its remedy election to Obligee that the Obligee's claim is disputed as to liability aDd/or amount and Surety is proceeding under and asserting a reservation of all rights, remedies, claims, and defenses. In the event Surery prevails, in whole or in part, with respect to the dispute regarding liability and/or amount of Obligee's claim and Surety paid monies in excess of the funds paid by Obligee to Suety, then Surety shall be entitled to recover the excess from Obligee. Surety's aggregate liabilityunder this Bond is limited to the penal sum ofthis Bond, regardless ofwhether the liability arises from the actions or inactions of Principal or Surety. The penal sum of this Bond shall be reduced by and to the extent of any and all monies paid by Surety under this Bond in excess of funds paid by Obligee to Surety. If Surety paid monies in excess ofthe penal sum ofthis Bond, then Surety shall be entitled to recover the excess monies liom Obligee. The Surety waives notice ofany change to the Contract. 5 6. Definitions: (A) The phrase "Contract Balance," means the total amount payable by Obligee to Principal under the Contract and any amendments thereto, less the amounts properly paid by Obligee under the Cootract. (B) The phrase "Mitigation Costs" means the cost actually incurred by Obtigee in proper performance of the Construction Work. Such costs shall be at hours and rates not higher than those Customarily incurred at the place ofthe Construction Work rmless Suety provides its prior written consent (C) The phrase "Conshuction Work" means all labor and materials necessary to complete Principal's scope ofwork under the Contract 7. Any suit or action by Obligee under this Bond must be instituted within one (l) year from the earliest of the following dates: (A) the date of substantial completion of the Constnrction Work; (B) the date Principal ceased performing thi Construction Work; or (C) the date of Principal's Default. If the limitation period set forth in this Bond is void or prohibited by law, then the minimum limitation period available to sureties as a defense in the jurisdiction ofthe suit or action shall apply and shall be deemed to have accrued and commenced. to run on thi earliest of the dates referenced in this Section 7 (A), (B) and (C). It shall be understood that in no event shall punch list, waranty, or maintenance work constitute Construction Work for the purpose of determining the limitation period for filing a suit or action under this Bond. Rcv, 04/l7 Page 2 of3 8. No prejudgment or pre-award interest may be recovered under this Bond. Post judgnrent interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average l -year constant maturity Treasury yield, as published by the Board ofGovernors ofthe Federal Reserve System, for the calendar week preceding the date of the judgment. 9. The Obligee is the sole beneficiary under this Bond. No right ofaction shall accrue on this Bond to or for the use ofany person other than the Obligee. This Bond is not transferable without the express written consent of Surety, and no successor or assignee ofobligee shall have any rights under this Bond. Any suit or action under this Bond shall be instituted in a State orFederal court ofcompetentjurisdiction in the location in which the Construction Work is situated. 10. Notwithstanding any'thing in this Bond or the Contract to the conhary, Surety shall have no liability to Obligee for: legal fees or costs; any form ofconsequential, indirect, punitive, or exemplary damages; or any liability ofPrincipal for tortious acts, whether or not said liability is direct or imposed by the Subcontract or otherwise. Nor shall this Bond serve as or be a substitute for or supplemental to any insuance coverage required under the Subcontract. I l. Notice or demand given to Surcty pursuaDt to this Bond shall be in writing and delivered to the following mailing address or email address: Swiss Re Corporate Solutions - Surety Claims 1450 American Lane, Suite I100 Schaumburg, IL 60173 SuretyClaimsNA_CorporateSolutions@swissre.com Signed this-lllL day of August , 2017 WelStevens & Son Dri --/ by ame:5t<Je,>rdc-.CTitlc: 1,,.: North American S by lL Brenda J. Smit al lnsurance Com Surety Atton STAL i!73 Page 3 of3 Y;fciyirrt l<, Rev.04/17 @ Swiss Re Corporate Solutions LABORAND MATERIAL PaymnNT BoND KNOW ALL BY THESE PRESENTS, thAt WC,Stevens & Sons Well Drillino, lnc North American So ecial lnsu rance ComDanv Surety are North American Specialty Insuialce CoDpany Washington Intemational lNura[ce CoDpany Iy€stport Insuratrce Corporatlon 1450 Ameri(an lane, Suite ll00 Schaumburg, IL 60173 Bond# 2259018 ,as hincipal, and as held and firmly bound unto CitV of Merldian as Obligee, in the penal sum of Fiftv Nine Thousand Five Hundred Fiftv Dollars and 0 100 Dollars $ 59,550.00 WHEREAS, Principal has eDtered iDto a contract with Obligee dated Storey Park Well ) for the p&ymenl whereof said Prircipal and Surety bind themselves, jointly and severally, as provided herein. Auoust 15, 2017 for ("Contract"), which is incorporat€d herein by reference for the limited purpose oldefining the scope ofthe Construction Work NOw, THEREFORE, the condition of this obligation is such ftat if Principal promptly makes payment of all sums due to Claimants fo! labor, materials or rental equipmeot actually used, consumed or incorporated in the performance of the Conskuction Work, then Surety and Principal shall have no obligatiofl under tiis Bond ("Bond"). lT IS FURTHER PROVIDED, thatr l. The obligation of Surety unde! this Bond shall arise only when all the following conditio$ have been met; (A) Claimant has, within ninety (90) days of Claimant's last fumishiog of taboq materials, or rental equipment in the perfonnance of the Constructiol Work, provided wdtleD notice of nol-payment lo Principal, Surety (at the addrcss identified or this Bond) and Obligee stating with substantial accuracy the amount claimed and tho name of the party to whom the labor, materials, or rcntal equipment was fumished; and (B) Claimast has fumished a Prcof of Claim to Surcty along with th€ following: (i) A written statement including the name ofClaimant, the amount ofthe claim, the name ofthc party to whom the labor, materials, or rental equipment was fumished, a bdef dessriptioo of the labor, materials, or rEntal equipBent fumished, and the date on \a,hich Claimant last fumished such labor, rnaterials, or rcntal equipmeot for use in the perfomarce ofthe Construction Work; and (ii) A copy ofthe agreemen! coDtiact orpuchase order pursuant to which Claimant ftmished labor, materials, or rental equipment for usc ill the performance of the Conskuction Work; and (iii) A statement ofaccouot showing the total amount eamed by Claimant, the amount of previous paynents received by Claimant, and the total amount due aod unpaid to Claimanq and (iv) Copies ofall unpaid invoices for which Claimant is making the claim. 2. No suit or action shall be commenced by Claimant under this Bond after the expiration ofone (l) year from the date on which Claimant last fumished labor, materiols, or rcDtal equipmert foruse in the performonce ofthe Conskuction Work, Ifthe limitatiotr period set forth in this Bond is void or prohibited by law, then the minimum limitation pedod available to sueties as a defense in thejurisdiction of the suit or actiorl shall apply and shall be deemed to have accrued and commenced to run on the date on which Claimant last furnished the labor, matcrial, or rcntal equipment for which Claimant is making the claim. For purposes of dctermining the limitation pcriod, performance ofthe CoNtruction Work shall not include punch list, warranty, or maintenance work. Notwithstanding anrthing in this Bond or the Contract to the contrary, SuEty shali have no liability to Claimant for legal fees or costs or any form ofconscqucntial, indirect, punitivc, or exemplary damages. No prcjudgmcut or pre-award interest may be recovered undcr tbis Bond. Postjudgment itrtercst shall be calculated from the datc of the entry of thc judgme[! at a rate equal to thc weekly avcrage l -ycar constant maturity Trersury leld, as published by the Board ofGovemors ofthe Federal Reserve System, for the caleDdar week preceding the date of the judgncnt. 3 Rev.04/17 Page I of2 4. The aggregate tiability of Surety under this Bond shall not exceed the penal sum ofthis Bond; aod the penal sum of this Bond shall be rcduced by and to the extent ofall pa).menls made by Surety under this Bond. 5. Any suit or action under this Bond shallbe instituted in a State or Federal Court of competent jurisdiction in the location in which the CorNtructiol Work is sih]ated. No dght of action shall accrue on this Bond to or for the use of any individual or entity othcr thatr a Claimant. This Bond is not raDsferable. 6. Notice or demand giver to Surety pursuant to this Bord shall be in writing and delivered to the following mailing address or email address: Sx.iss Re Corporate Solutions - Sulety Claims 1450 Americar Lane, Suite I100 Schaumburg, IL 60173 SuretyClaimsNA_Corporatesolutions@swissr€.com Delinitions (A) The words "claimant" and "claimants" mean one or more individuals or entities having a dircct contract with Principal or with 8 subcontractor ofPri[cipal for labor, material, or rental equipment actually used, consumed or incorporated in the performance ofde Construction Work. (B) The. phrase-"Construction Work'r means all labor, materials, and rental equipment necassary to complete Principal's scope of work under the Contract. Signed and sealed this 15th day of Au USt A.D., 2017 IN THE PRESENCE OF: Stevens & Sons Well Drillino, lnc, by Zun S/av q,s p -es, J--C Name: Title: North American S lnsurance Surety by Bre J. Smith Attome;. Rev.04/17 PaEc2olZ /-lnncip* . )Z ,/) )1973 S}VISS Rf, CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPA}IY WASHINGTON INTERNATIONAL INSURANCE COMPAI.IY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Iruurancc Company, 8 corporatior duly organized and existing under la\rs ofthe State ofNew Hampshire, and hsving its principal office in the City ofoverland Parlq Kansas, and Washington Intemational Insurance Company, a corporatioo organized and existing under the laws of thc Slste ofNew Hampshire and haviog its principal ollice in the City ofoverland Par*, Kansas. each does hercby make, conslitute and appoinr Brenda J. Smith Principal: Stevens & Sons Well Drilling, Inc. Bond Number:2259018 Obligee: City of Meridian Bond Amount: See Bord Form Bond Description! Storey Park Well Its tue and lawful Attomey-in.Fact, to make, execute, seat and deliver, for and orl its behalfand as its act and deed, bonds or other writings obligatory in the nature ofa bond on behalf of each ofsaid Companies, as surety, on coltracts ofsuretysbip as are or may be required or permitted by law, r€gulation, cont'act or otherwise, provided that no bond or undedaking or contract or suetyship executed under this authority shall e\ceed the amount of: FIFTv MILLIoN ($50,000,000.00) DoLLARS This Power ofAnomey is gmnted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of Directors ofboth North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 96 ofMay,20l2: "RESOLVED that any two ofthe Presidents, any Maraging Dircctot ary Senior Vica Pre8ident, any Vice President, any Assistant Vice Prcsident, the Secretary or any Assistant Secrelary be, and each or any ofthem hereby is authorized to execute a Power ofAttomey qualiling the attomey named in the given Power ofAttorney to execute on behalfofthe Company bonds, undertakings and all contracts ofsurety, and that each or any of them hereby is authorized to attest to the execution ofany such Power ofAttomey and to attach therein lhe seel ofthe Compaay; and it is FURTHER RESOLVED, that thc signaturr ofsuch officers and the seal ofthe Company may be allixed to any such Powcr of Attomcy or to any cenificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signalures or facsimile seal shall be binding upon the Company when so alfixed and in the future witi r€gard to any bond, undedaking or contract ofsurety to which it is attached," By SEAL Sl.r., P. And.fun, Sdhr Vk fr.dd.nl of \Yinlnetor IntE.!.I@.| l!!unn.! CoDp.ny & 9rior vl.. ?Gld. or,lodh Am.ner Spfti.lty ltuuon.. Cohprn, By & S.rhrvlc. PFdd.nr.rN.nn Amr|.ln Spsl.lty l unroCMp.n, IN WITNESS WHEREOF, North American Specialty Insurance Company and \Yashington Intemational Insurance Company have caused their official seals to be hereunto affixed, ard these presents to be signed by their authorized omcers this ]![day of November 20t6. North American Specialtv Insurance Comprn!' Washington International Insurance Company State oflllinois County of Cook ss On this !![ day of November 2O-!!- before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intemational ltrsuraocr Company and Senior Vice Prcsident ofNorth AmericaD Specialty Insuranc! Company and Michael A. ho . Senior Vice President ofWashington Intemational Insurance Company and Senior Vice President ofNorth American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that th€y signed the above Power ofAltomey as oflic€rs ofand acknowledged said instrument to be the volunhry act and deed oftheir respective companies. M. Kenny, Notary Public I, Jeffr€v Goldberg . the duly clcctcd AssistantSccretary of No.th American Specialty Imurance Company and Washingtot Intemational Insurancc Company, do hcrcby ccrtify that thc above and foregoing is a true aod corrcct q{py ofa Power of Attomcy givcn by said No.th American Specialty Insu.anc€ Company and Washington Intemational Insurance Company, which is still in ftll force and cffect. IN WITNESS WHEREOF, I have set my hand and aflixed the seals ofthe Companies this 15th day of August ,2ol'l SEAL * MY @lillrlssloN OGIHES 1 OFFIOAI. SEIL lil I(EIINY NOTABY H.EJC, SIAIE OF IINOS ,cftGy Coldb.tE Vk. Pcltat & A$hknr S.ctl.ry or W6hingI@ Lrcmii@l IBul.G Chpsy & Nafi Ar6im Sfct.lry lNuac! CnFry "4f**- STEV&SO41 CERTIFICATE OF LIABILITY INSURANCE R DATE {MM/OO'iYYY) 08t02t2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: lf the certiticate holdor is an ADDITIONAL INSURED, the polioy(ios) must havo AOOITIONAL INSURED provisions or bo 6ndorsed. It SUBROGATION lS WAIVED, subjoct to the lormsand conditions ofthopolicy, certain policios may roquiro an ondoBomont. Astatemonton this Gortificate doos not confer rights to tho certiticato holdor in lieu ot such ondorsomoht(s). fil, *.r,(zoa) lz+-zsss INSURERIS) Af FOROIIiG COVERAGE ]NSUREO N PHONE (208l. 424-29OO INSIJRER C Boise Oftico Paynowost lnsuranco, lnc. 960 Broadway Avonue Suite 100 Boise, lD 83706 rNsuRER a rContinental Western lnsurance Company tNsuRER I :ldaho state lnsurance Fund Stevon6 & Sons Wirll Diilling, lnc. 3709 Hawthorne Drive Boiso, lO 83703 INSURER D INSURER E ITISURER F VERA RTIF tst ER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE EEEN ISSU EO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANOING ANY REQUIREMENT, TERIVI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VV}IICH THIS CERTIFICATE IVAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH E TERMS. EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LIirlITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS, 'lS wpE oF rNsrrRlxcE i.?"o.t ""V,"S poLrcy NUTBER ,ISHBLffi, ,!9H9",'i€, ,*,r" , EACH OCCURRENCE , S DAMAGE TO RENTED iE8lMlsES (Ea (rlfcloeL s LUED ExP (any one peMn) , S PE&SoNAL & ADrr' !!!!L . $ . GEN€RAL AGQ8qQ!]E , 5 PROOUCTS COMP/OP AGG $ 1,000,000 300,000 ao,ooo 1,000,000 2,000,000 2,000,000 cPA2691959-31 06t01t2017 06t01t2018x S A X couueacnl cENERAL LrABrLrry cLArMs MAoE X occuR GEN'L AGGREGATE LIMIT APPLIES PER I "o,"" ix- 5$9 [ ] .o" I orxen OWNED AUTOS ONLY HIRED AUTOS ONLY ] COMBINEO SINGLE LIMII !E! lcqdrot] 060112018 BoDtLy TNJURv iperpsm) l ,,000,000 c PA269't 959-3 t s x s $ s 5 o6t01t2017 BOD LY N.]URY A ourocoE,...,o.,.'tt (Pera@,denl) X occua I "*,rr-r^0, LE l$ $ '1,000,000 1p00,ooocPA2691959-31 06101t2017 06101t2014 lo.oTl*.r.^.,L*i A UMARELLA LIAB X ExcEss LraB EACH OCCURRENCE AGGREGA'TE 519761 B o4to1t20't7 04t01nua E L D]SEASE POL]CY LIMIT STATLJTE OTH. ]ER llEAC c DE NI 1,000,000 EL DSEASE.EAEIiPLOYEE, S x 1,000,000 't,000, ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOEO'(M.nd.lory In NH) OF OPERATIONS below WORKERS COMPENSATION ANO EMPLOYERS' LIAAILIIY DESCRmO OF OPERATIONS / LOCATIOI|S / VEHICLES (ACORD 101, A.L!t ond Rl !r.rb S.fi.dul., m.y b..tbcrrld il moE.p.o is Eq!tuld) Prorcot . Storey Park Wcll c TION O 1988-2015 ACORD CORPORATION. All rights reserveq. v Tho ACORD name and logo are registared marks ot ACORO m\ SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE WTH THE POLICY PROVISIONS-City ol Moridian Purchasing Manager 33 E Broadway Ave. Moridian, lD 83&{2 lvL AUTHORIZEO REPRESENIAIIVE ACORD 25 (2016/03) ,-l,ACORD 10804 3512s SCIEDULED AUTOS NON,OWNED AUTOS ONLY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as olherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A, MISCELLANEOUSADDITIONALINSUREDS 1. Section ll - Who ls An lnsured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1.c.(1) through A.1.c.(8) below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an lncludes copyrighted material of lnsurance Services Office, lnc., with its permission COMMERCIAL GENERAL LIABILITY cL cG 04 92 09 16 additional insured on your policy, provided that: a. The written contract or wrilten agreement is: (1) Currently in effect or becoming effective during the term of this policy; and (2) Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "per- sonal and advertising injury". Provision Name Of Coverage Extension lncluded or Limit of lnsurance A Miscellaneous Additional lnsureds lncluded B Expected Or Intended lnjury Or Damage lncluded c Knowledge Of Occurrence lncluded D Legal Liability - Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 Medical Payments $ 1 0,000 F Mobile Equipment Redefined lncluded G Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage lncluded H Who ls An lnsured - Amendment lncluded t.Non-Owned Watercraft (lncreased to maximum length of less than 51 feet) lncluded J Supplementary Payments - lncreased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ I ,000 K Unintentional Omission Or Unintentional Error ln Dasclosure lncluded L Waiver Of Transfer Of Rights Of Recovery Against Others lncluded M Liberalization Clause lncluded N lncidental Medical Malpractice lncluded cL cG 04 92 09 16 Page 1 of 7 E, b. The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c. Only the following persons or organi- zations are additional insureds under this provision, with coverage for such additional insureds limrted as provided herein: (1) Managers Or Lessors Of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (2) Mortgagee, Assignee Or Receiver A mortgagee. assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (3) Owners Or Other lnterests From Whom Land Has Been Leaaed An owner or other interest from whom land has been leased to you but only with reEpect to liability arising out of the ownership, mainte- nance or use of that part of the land leased to you and subject to the following additional exciusions: This insurance does not apply to: (a) Any "occunence" which takes place after you cease to lease that land. (b) Structural alterations, new con- struction or demolition opeaations lncludes copyrighted material of lnsurance Services Office, lnc., with its permission performed by or on behalf of such additional insured. (4) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused,in whole or ln part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement wth you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment Iease expires. (5) State, Municipality, Govemmental Agency Or Subdivision Or Other Political Subdivision - Permits Or Authorizations Relating To Premises Any state, municipality, govern- mental agency or subdivision or other political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (i) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you owr, rent or control andto which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of adver- tising signs, awnings,canopies, cellar entrances, coal holes. driveways, manholes, marquees, hoist away openings, sidewalk vaults, slreet bannersor decorations and similar exposures; or cL cG 04 92 09 15 Page 2 ol 7 (1.2) The construction, erec- tion or removal of elevators; or (1.3) The ownership. main- tenance or use of any elevators covered by this insurance (ii) Operations performed by you or on your behalf for whichthe state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. (b) This insurance does not apply to "bodily injury", "property dam- age" or "personal and advertising injury" arising out of operations performed for the state, munici- pality, governmental agency or subdivision or other political subdivision. (8) Controlling lnterest Any person(s) or organization(s) with a controlling interest in the Named lnsured but only with respect to their liability arising out of: (a) Their financial control of youi or (b) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations. new con- struction or demolition operations performed by or for such person(s) or organization(s). (7) Co-Owner Of lnsured Premises A co-owner of a premises ccowned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. (8) Vendors (a) Any person(s) or organization{s) (referred to as vendor), but only with respect to "bodily injury" or "property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business. lncludes copyrighted material of lnsurance Services Of{ice, lnc., with its permission The insurance afforded the vendor does not apply to: (i) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or written agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the written contract or written agreement; (ii) Any express warranty unau- thorized by you; (iii) Any physical or chemical change in the product made intentionally by the vendor; (iv) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manu-facturer, and then repackaged in the original container; (v) Any failure to make such inspections, adjustments, tesls or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (vi) Demonstration, installation, servicing or repair opera- tions, except such operations performed at the vendor's premises in connection with the sale of the producq (vii) Products which. after distri- bution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor: or cL cG 04 92 09 16 Page 3 of 7 (viii) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: (1.1) The exceptions contained in Sub- paragraphs (iv) or (vi); or {1.2) Such inspections, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organi- zation, from whom you have acquired products, or any ingredient, part or container, entering into. accompanying or containing such products. 2. With respect to coverage proyided by this Provision A. Miscellaneous Additional lnsureds, the following additional provisions applv: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does not apply: (1) To "bodily iniury" or "property damage" included within the "products-completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and adve(ising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c, The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional lnsureds, the following is added to Section lll - Limits Of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement; or b. Available under the applicable Limits Of lnsurance shown in the Declarationsi whichever is less. This endorsement shall not incr€aae the applicable Limits Of lnsurance shown in the Declarations. B. EXPECTED OR IIITENDED INJURY OR DA]tl|AGE Exclusion 2.a. Expected Or lntended lnjury of Section I - Coverage A - Bodily lnjury And Property Damage Liability is deleted and replaced by the following: a. Expected Or lntended lnjury Or Damage "Bodily inlury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. XNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties ln The Event Of Occurrence, Offense, Claim Or Suit of Section lV - Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officef' or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (i) How, when and where the "occurrence" or offense took placej lncludes copyrighted material of lnsurance Services Omce, lnc., with its permission cL cG 04 92 09 16 Page 4 ol 7 (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the "occurrence" or offense. D. LEGAL LIABILITY - OAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) lf damage to premises rented to you is not otheMise excluded from this policy or coverage part, then the following provisions apply: 1. Under S€cthn l- Coverage A - Bodily hjury And Property 'Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section lll - Limits Of lnsurance. 2. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section | - Coverage A - Bodily lnjury And Property Damage Llablllty is deleted and replaced by the following: Paragraphs (1), (3) and (4) oi this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll - Limits Of lnsurance. 3. Paragraph 6. of Section lll - Limits Of ln3urance is deleted and replaced by the following: 6. Subject to Paragraph 5. aboye. the greater of: a, $300,000; or b. The Damage To Premises RentedTo You Limit shown in the Declarations, is the most we will pay under CoverageA for damages because of ,,property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic flre protective systems, while rented to you or temporarily occupied by you with permission of the owner. This lirnit will apply to all damage proximately caused by the same event, whether such damage results from flre, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.{lxaxii) of Paragraph 4. Other lnsurance of Section IV Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is flre, lightning, explosion, "smoke" or leakage from automatic fire protectrve systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. "lnsured contract" of Section V - Definitions is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic flre protective systems to premises wlrile rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6. As used in this Provision D. Legal Liability - Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile flre". E. MEDICAL PAYMENTS lf Corerage C - Uedical Payments is ftot otherwise excluded from this policy or coverage part, the lvledical Expense Limit is changed, subject to lhe terms of Section lll - Limits Of lnsurance, to the greater of: a. $10,000; or b. The lredical Declarations. Expense Limit shown in the F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. ,,Mobile equipment" of Section V - Definitions is deleted and replaced by the following: lncludes copyrighted material of lnsurance Services Office, lnc., with its permission cL cG 04 92 09 16 Page 5 of 7 (1) Equipment with a gross vehicle weight of 1 ,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZA- TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3, of Section ll - Who ls An lnsured is deleted and reptaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporationi b, Majority interest of more than 50o/o as a general partner of a newly acquired or formed partnership; and/or c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named lnsured if there is no other similar insurance available to that organization. However, for these organiza- tions: (i) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlie( (ii) Section I - Coverage A - Bodily lniury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited fiability company; (iii) Section l- Coverage B - Personal And Advertising lniury Liabitity does not apply to "personal and adve(ising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operationsof the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or ce(ificates of organization; and (vi) Coverage only applies for those part- nerships who have established a date of formation as recorded within a written partnership agreement or partnership certmcate. H, WHO IS AN INSURED. AMENDMENT The last paragraph of Section ll - Who ls An lnsured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section ll - Who ls An lnsured; b. Current joint venture; or c. Past partnership, Joint venture or limited liability company; that is not shown as a Named lnsured in the Declarations. I. NON-OWNEDWATERCRAFT Subparagraph (2) of Exclusion 2.9. Aircraft, Auto Or Watercraft of Section I - Coverage A - Bodily lnjury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J, SUPPLEMEilTARY PAYMENTS - INCREASED LIiIITS Section I - Supplementary Payments - Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to 91,000 a day. lncludes copyrighted material of lnsurance Services Of{ice, lnc., with its permission cL cG 04 92 09 16 Page 6 of 7 M. LIBERALIZATION CLAUSE The following is added to Section lV - Commercial General Liability Conditions: lf we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG000'l for no additional charge, and those changes are intended to apply to all insureds under this edition of CG000'l, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1xd) of Section ll - Who ls An lnsured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section lV - Commercial General Liability Conditions. cL cG 04 92 09 16 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission Page 7 of 7 K. UNINTENTIONAL OMISSION OR UNINTEN. TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section lV - Commercial General Liability Conditions: However, the unintentlonal omission of. or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTI{ERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section lV - Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products-completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. This endorsement modifies insurance provided under the folloWng COMMERCIAL GENERAL LIABILITY COVERAGE FORM A, The following coverage is added: ADDITIONAL INSURED . OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS INCLUDING PRIMARY NON-CONTRIBUTORY 1. Section ll - Who is An lnsured is amended to include as an additional insured any person(s) or organization(S) for whom you are required by virlue of a written contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. 2. The insurance provided to the additional insured is limited as follows: a. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: (1) Acts or omissions of the Named lnsured: or (2) The acts or omissions of those acting on behalf of the Named lnsured; in the performance of the Named lnsureds work for the additional insured(s) speciriedin the written contract provided the contract or agreement requires you to provide the additional insured such coverage and is: i. Cunently in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury", "property damage,, or "personal and advertising injury". b. lf the written contract specifically requires you to provide additional insured coverage via the '10/01 edition of CG2010 (aka CG 20 10 10 01) or via the 11185 edition of CG2010 (aka CG 20 10 11 85), then in COMMERCIAL GENERAL LIABILITY cL cG 05 29 09 16 paragraph 2.a. above, the words caused in whole or in pad by are replaced by the words arising out of. c. The insurance afforded to such additional insured only applies to the extent permitted by law, and d, lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. e. This insurance ends at the earliest of the following times; (1) When any Named lnsured(s) work called for in the written contract has been completed (2) When all of any Named lnsured(s) work done at a job site has been completed if the written contract calls for work at more than one job site (3) When that part of any Named lnsured(s) work done at a Job site has been put to its intended use by any person or organization other than the Named lnsured or those acttng on the Named lnsured(s) behalf. Work that may need service, maintenance, correction, repair or replacement, but is otheNise complete, will be treated as completed f. This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. g. For purposes of paragraph A. of this endorsement, the terms "you" and "your,, refer to the Named lnsured shown in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES lncludes copyrighted material of lnsurance Services Office. lnc., with its permission cL cG 05 29 09 16 Page 1 of 3 3. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and (2) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. b. Subject to Paragraph c, below, professional services include: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as part of any related architectural or engineering activities. c. Professional services do not include services within construcilon means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the Supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily iniury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendenng of, or the failure to render, any professional architectural. engineering or surveying services. 4, Limits of lnsurance With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreementi or b. Available under the applicable Limits of lnsurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. 5. Other lnsurance For purposes of this endorsement, the following is added to the Section lV - Commercial General Liability Conditions, 4. Other Inauranee condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess. contingent or any other basis. But, if required by a Mitten contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named lnsured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. B. The following coverage is added: CONTRACTUAL LIABILITY - RAILROADS 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract" in Section V - Definitions is replaced by the following: 9. "lnsured Contract" means: a. A contract for a lease of premises. However, that portion of the contractfor a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under lncludes copyrighted material of lnsurance Services Office. lnc., with its permission Page 2 of 3 cL cG 05 29 09 16 which you assume the tort liability of another party to pay for "bodily injury" or property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specafications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect. engineer or surveyor. assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph(1) above and supervisory, inspection, architectural or engineering activities. 2. Other lnsurance For purposes of this endorsement, the following is added to the Section lV -Commercial General Liability Conditions, 4, Other lnsurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protecttve Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named lnsured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. The following coverage is added: NON.EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision: The limit of liabitity for "Non- employment discrimination" coverage available to pay settlements or judgments will be reduced, and may be exhausted, by defense expenses. The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS OF COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. "Non-employment discrimination" means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition,or any other protected class or characteristic established by any federal, state or local slalutes, rules or regulalions. "Non-employment discrimination" does not include violation of civil rights ansing out of past, present or prospective employment. Any obligation to the insured to pay "non- employment discrimination" liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for "non- employment discrimination" is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplementary Payments - Coverage A andB do not apply to non-employment discrimination. D. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION lll - LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the sameor connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a @ilroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsemenl CL CG 05 29 paragraph O. Aggregate Limits Of lnsurance does not apply. lncludes copyrighted material of lnsurance Services Office, lnc., with its permission cL GG 05 29 09 16 Page 3 of 3 COMMERCIAL GENERAL LIABILITY cL cc 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED . OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION ll - WHO lS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue ofa wriften contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily iniury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: (1) Acts or omissions of the Named Insured; or (2) The acts or omissions of those acting on behalf of the Named lnsured; and included in the "products-completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1. Currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the "bodily hjury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by lawl and b. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. For purposes of this endorsement, throughout the policy, the terms "you" and "you/' refer to the Named lnsured shown In the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1. The rendering of or failure to render any professional services by you oron your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims againstaoy insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodity injury" or "property damage", or lhe offense which caused the "personal and advertising jn.iury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. Subject to Paragraph 3. below, professional services include: a, Preparing, approving, or failing to prepareor approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and lncludes copyrighted material of Insurance Services Office. lnc.. wth its permission cL cG 20 7,1 09 16 Page 1 of 2 b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limits of lnsurance With respect to the insurance atforded to these additional insureds, the following is added to Section lll ' Limits O{ lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarationsi whichever is less. This endorsement shall not applicable Limits of lnsurance Declarations. increase the shown in the lncludes copyrighted material of lnsurance Services Office. lnc., with its permission D. Other lnsurance For purposes of this endorsement, the following is added to the Section lV - Commercial General Liability Conditions, 4. Other lnsurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named lnsured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 ol 2 cL cc 20 71 09 16 $3fn17 Referencec onnecl Berkley North Pacific Group I Forms I 01/01/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERW DAMAGE LIABILITY is amended as follows: ParagraplB (3) and (4) of this oxclusion do not apply to tools or equiprnent loaned to you, provided they are not hing used to perform operations at the time of loss. 2. SECTION lll - LIMITS OF INSURANCE is deleted and replaced by ttle following: The most we will pay in any one "occurrence" for "property damage" to bono\,ved equipment is $15,000. This limit of insurance is the most we will pay regBrdless of the number of: a. lnsureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicaue to "property damage' as the result of any one "@cunence', regardless of the number of persons or organizations who sustain damages because of that "occurence". b, The terms of this insurance, including those with respect to our right and duty to defend the insured against any ''suits" seeking tho6e damages; ard yoJr duties in the event of an "occsrence", claim, or "suit" apdy inespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to ef{ect settlement of any claim or suit aM, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. GONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occunences" under COVERAGE A (SECTION l), and for all medical expenses caused by accidents under COVERAGE C (SECTION l), which can be attributed only to ongoing operations at a single construction pro.lect away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each construction proJect away from premises o\,vned by or rented to the insured, and that limit is equd to the amount of the Gereral Aggregate Limit shovvn in the Declarations. b. The Single Construction Prolect General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily in1ury" or "property damage" included in the "products- cornplded operaions hazard, ard for medicd expenses urder COVERAGE C regBrdless of the number of: (1) lnsureds; (2) Claims made or "suits" hangrht; or (3) Persons or organizations making claims or bringing "suits". c. Any payTents made under COVERAGE A for damages or under COVERAGE C fff medical expenses shall reduce the Single Construction Projecl General Aggregate Limit for that construction project away from premises gwned by or rented to the insured. Such payments shall not reduce the General Reig(€ate Limit shor;vn in the Declarations nor shall they.reduce-any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises ou/ned by or rented to the insured. - d' The limits sho,vn in the Declarations for Each Occunence, Fire Damage and Medical Expense continue to apply. Ho\ /ever, instead of being subject to the General Aggregate Limit shdvn in the Declarations, such limits wiil'b'esub,ect to the appticable Single Construction project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by ,,qccunences,, undercovERAGE A (SEcTloN l), and for all medicd exlensei caused by accidents "unoer CoVeHlce C tsECrrot ll, tttss/ vww.silverplume.corn/SPor{irdsPsage.aspx?cmd=doc&id=AK CL CG 0o 20-01_12 hfn&Gd=291ocrdgt&ssEmate&rd=102E692&tsig= Do yxE2B.1/4 4nfn17 RefererE€Corr€cl which cannot be attributed only to ongoing opeErtions at a single designated construction project away from premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount availaue under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Consttuction Poject General Aggregate Limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily 'njury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Pro.iect General Aggregate Limit. 4. lf the applicable construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction prciect. 5. The provisions of Limits Of lnsurance (SEGTION lll) not otheMise modified by this endorsement shall continue to apply as stipulated. C, LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I - Coverage A is replaced by the follo\,\,ing: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) At or frorn a storage tank or other container, ducts or piping which rs below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any olher means if the actual, alleged or threatened discharg€, dispersal, seepage, migration, release or escape of "poliutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "poilutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcont€ctor. Subparagraph (b) does not apply to "bodily injury" or "property damage' arlsing out of heat, smoke or fumes from a "hostile fire". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or.regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test foi monitor, clean up, remove, contain, treat, detoxify or neutralize, oi in any way respond to, or assess the effects of, "pollutants"i or (b) Claim or suit by or on behalf of a govemmental authority for damages because of testing for, mo#todng, . clear*ng up, removirg, cstair$rg, trcdir€, detoxiryirg. or retrtrdlzing or in any-way responding to or assessing the effects ol "pollutants". Ho/vever, this paragraph does- not apply to.liability for those sums the insured becomes legally obligated topay 6 darnages becanse of "poperty &mage" that tfp inswed wordd have in the albseree -of strhrequest, demand,. order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of agovemmental authority. 2. With respect to "bodily inJury" or "property. damage" ansing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants,,: a. The "Each Occunence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of lnsurance (Section lll) does not apply. c. Paragraph 1. of Section lll - Limits Of lnsurance is replaced by the following: The Limits Of lnsurance sholvn in this endorsement, or in the Declarations and the rules below fix the most we willpay regardless of the number of: (1) lnsureds; (2) Claims made or',suits,, brought; or https:/A ww silverplume com/sPoriirdsPsage aspx?cind=doc&id=AK-cL-cG-oo_20_0'1-12.hkn&fed=29.1oodgt&seEmab&d=1078892&sis=DD3634XE2B 2l4 4Ym17 RefererE€onrEcl (3) Persons or organizations making claims or bringing "suits". d. The following are added to Section lll - Limits Of lnsurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A;and b. Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threalened discharge, dispersal, seepage, migration, release or escape of "pollutants" is 5100,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following is added to Section 1 - COVERAGES: We will pay, at your r€quest Jor "propcrty damage" to that part of any prop€rty: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was inconectly performed on it. This insurance applies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions j.(3),(4),(5) and (6) do not apply to this coverage. This insurance does not apply to "property damage' included within the "exdosion hazard", the "collapse hazard" or the "underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION lll - LIMITS OF INSURANCE is replaced by the following: A. Limits of lnsurance 1. Unless a higher limit is shown in the Declarations, the most we will pay in any one "occurrence" for "property damage" under this endorsement is $15,000. 2. Unless a higfEr limit is slD\rn in the Declarations, the most we will pay for all covered "occunences" durng any one policy period is $15,000 Aggregate Limit of lnsuEnce. tttFsr/'l./ww silverdume.com/sPoriirdsPsage.aspx?cmd=docEid=AK cL cG oo 20-01_12.htm&fed=291oodgt&seEmate&d=1o7E892&lsig=DD3634xE2B.3t4 The Umits of lnsurance of this endorsement apply separately to each consecutive annual penod and to any remaining period of less than 12 months, starting with the beginning of the policy penod shown in the DeclaEtions, unless the policy period is extended after issuance for an additional period of less than 12 months. ln that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of lnsurance. 3. Oeductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occunence", regardless of the number of persons or organizations who sustan damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an ,'occunence,, claim, or',suit" apply inespective of tfE @icdion of the dedtrctiue anc[mt. c. .._Yve..may _pay any. part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action takeni you shall p.omptly reimbuBe us for such part of the deductible amount as we have paid. !.^ ioj tle purposes of the coverage provided by D. VoLUNTARY PRoPERTY DAMAGE, sEcTtoN tv -COMMERCIAL GENERAL LtABtLtTY CONDIT|OIIS is amended as fo ows: a. The following is added to paragraph 2. Duties ln The Event Of Occurrence, Ofiense, Claim or Suit: ln the event of loss covered.by lhis endorsement, the insured shall, if requested by us, replace the prope(y orfurnish the labor and materials necessary for repairs at actual cost to lhe insured, 'exciudihg prospebtirie piotit or overhead charges of any nature. . Any property so paid for or replaced shall, at our o-piion,'becom6 ouiproperty. Any payment made by us shall not constitute an admission bf liability by an insured, or'by us. b. Paragraph 4. Other lnsurance is amended as follors: ('t) Paragraph 4,a. p mary lnsurance is deleted. nat2017 Referenc€C onnecl (2) Subparagraphs (1) and (2) of paragraph 4,b. Excess lnsurance are deleted and replaced with the follorving: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other lnsurance contained in the Commercial General Liability Coverage Form are applicable. 5, For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V - DEFINITIONS: a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage' arising out of the explosion of air or steam vessels, p{ping under pressure, pfime movers, machinery or power transmitting equipment. c. "Structural propedy damage" means the coll@se of or structural injury to any building or structure due to: ('l) Grading of land, excavating, bonowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, undepinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property damage hazard' includes "underground property damage" and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage" to wires, conduits, pipes, mains, selvers, tanks, tunnels, any similar property, and any appaErtus used with them beneath the surface of the ground or water, caused by and occuning during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, bonowing, filling, back-filling or pile driving. @Berkley North Pacific Group q20'17 Vertafore, lnc. All Rights Reserved. https:/ ^'ww'silvefd ume com/sPoni irdsPsage 6px?. cm d= doc&id=AK-c L-cG-m_20_01_1 2 htn &ftd= 291ftIdsl&seEmab&d= 1078892&lsig= DD3634xE2B 4t4