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Approval of Award of Bid & Agreement Stevens & Sons Well Drilling - Storey Park WellMemo 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 prosect 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. • Page 1 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 8/2/2017 REQUESTING DEPARTMENT Parks Project Name: Storey Park Well Project Manager: Mike Barton Contract Amount: $59,550 Contractor/Consultant/Design Engineer: Construction Contractor - Stevens 8t Sons Drilling/Consultant - SPF Water Is this a change order? Yes ❑ No ❑✓ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available (Purchasing attach report): Department 5200 Yes 0 No ❑ Construction 0 GL Account 93405 FY Budget: FY17 Task Order ❑ Project Number: 10768 Enhancement: Yes ❑ No 0 Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes ❑ No ❑✓ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected 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: 7/28/2017 7 day protest period ends: August 4, 2017 VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License C-12526 Expiration Date: 10/31/2017 Corporation Status Goodstanding Insurance Certificates Received (Date): 8/7/2017 Expiration Date: 6/1/2018 Rating: A Payment and Performance Bonds Received (Date): 8/7/2017 Rating: A+ Builders Risk Ins. Req'd: Yes ❑ No 0 If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) 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 ame VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: August 9, 2017 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) Date Contract Request Checklist.5.24.2016.Final 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 page 2 of 13 Project 10768 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: 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 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as STOREY PARK WELL page 3 of 13 Project 10768 expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 B. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract, If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory STOREY PARK WELL page 4 of 13 Project 10768 limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either; the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence.. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. STOREY PARK WELL page 5 of 13 Project 10768 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform. the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR. shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. STOREY PARK WELL page 6 of 13 Project 10768 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (SSCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.asr)x?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. il- _-IDVDDI Contractor shall be responsible for coordinating with the City to obtain appropriate ACRD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data 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: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. STOREY PARK WELL page 8 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 software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 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_ 34. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder. CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. STOREY PARK WELL page 9 of 13 Project 10768 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 STEVENS & S NS fI LING, INC. BY BY: TAMMY de RD, MAYOR Dated: 1/7 Dated: Approved by Council: J') I A 7 b9 - Attest: c'hy of C.JAY t0LES UITY-CLERK ERMAN&,— \ !o "o SEAL STOREY PARK WELL page 10 of 13 Project 10708 Purchasing Approval BY: KEITH ATTS, Purchasing Manager Dated:: ' - /G - 1 `7 Project Manager Mike Barton STOREY PARK WELL Project 10768 De BY: MIH Dated "7 page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-1746-10768 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-1746-10768, are by this reference made a part hereof. SPECIFICATIONS 1 SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards 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 pages) STOREY PARK WELL page 12 of 13 Project 10768 Exhibit B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $59,550. MILESTONE DATES/SCHEDULE Milestone 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 Total Bid Schedule A ...................$59,550.00 i 1 NOT TO EXCEED CONTRACT TOTAL. Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit a Unit Price 1 Mobilization and demobilization 1 LS 4,000.00 2 Drill borehole 250 LF 22,500.00 3 Geo h sical logging 1 LS 2,500.00 4 Furnish and install 8" steel well casing 22 LF 660.00 5 Furnish and install 8" PVC well casing 190 LF 5,700.00 6 Furnish and install 8" well screen 40 LF 6,400.00 7 Furnish and install sand filter pack 60 LF 2,280.00 8 Furnish and install annular well seal 190 LF 6,650.00 9 Well development 16 PH 4,480.00 10 Furnish, install, and remove test pump 1 LS 2,500.00 11 Test pumping 8 PH 1.320.00 12 LRig time 2 PH 560.00 STOREY PARK WELL page 13 of 13 Project 10768 ENDIAN,- BID RESULTS BID NAME: Storey Park Well I DUE DATE & TIME: July 27, 2017 2:34 BID NUMBER: PKS-1746-10768 Opened by. Attest: E VENDOR a m m � BID AMOUNT Opened by. Attest: 93405 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - General Fund 5200 - Parks - Admin From 10/1/2016 Through 9/30/2017 Capital Outlay Tmprovements @ Storey Park Total Capital Outlay DEPT EXPENDITURES TOTAL EXPENDITURES Date: 7/3/17 07:49:56 Am Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 130,131.13 _ _ _ 0,_0D_ 130131,13 100.00% _130,131.13 _ _ ._ 0_00 _ 130,_131.13, _ 100.00% 130,131.13 0.00 130,131.13 100.00% 130,131.13 0.00 130,131.13 100.00% Date: 7/3/17 07:49:56 Am Page: 1 CITY OF MERIDIAN STOREY PARK WELL BID ABSTRACT BID OPENING 7/27/2017 POST DRILLING INC STEVENS & SONS 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 1 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 1 PH $ 350.00 $ 700.00 $ 280.00 $ 560.00 - 5- 5- $ S 5 S - 5- $ S 5 S - $ S 5 S $ S 5 S - S $ S 5 S $ S S S TOTAL BASE BID $ 99,784.00 $ 59,550.00 Swiss Re Corporate Solutions PERFORMANCE BOND North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation 1430 American Lane, Suite 1100 Schaumburg, IL 60173 Bond# 2259018 KNOW ALL BY THESE PRESENTS, that we, Stevens & Sans Well Drilling, Inc. 'as Principal, and North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Meridian as Obligee, in the penal sum of Fifty Nine Thousand Five Hundred Fifty Dollars and 00/100 Dollars ($ 59,550.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein, WHEREAS, Principal has entered into a contract with Obligee dated August 15, 2017 for Storev Park Well ("Contract"), which is incorporated herein by reference for the limited purpose of defining the scope of the 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; otherwise to remain in full 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 fulfilled its obligations under the Contract; and (B) 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 all the conditions in Section I are met, Surety shall have a reasonable period of time to investigate and elect at its sole discretion one of the following remedies: (A) Notify Obligee that Surety elects to complete the performance of the Construction Work through contractor(s) retained by Surety and then commence such performance with reasonable promptness. In this event, that portion of the Contract Balance as may be required to 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) Notify 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 of the replacement contract. In 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 Work incurred by Obligee that is in excess of the Contract Balance; or Rev. 01117 Page I of 3 ` (D) Arrange to give assistance, financial or otherwise, to the Principal to assist the Principal with completing the Construction Work. This remedy shall be subject to Obligee's agreement, which shall not be unreasonably withheld. The Obligee shall pay the Contract Balance as directed by Surety. In the event Surety provides financial assistance, Surety, 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 (B) Notify the Obligee that Surety denies liability. Surety shall cite its reasons for the denial of liability; or (F) After investigation, determine the amount for which Surety may be liable to the Obligee and, as soon as reasonably possible after the amount is determined, make payment to the Obligee. 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 rights, mitigate the damages caused by the Principal's Default. If Obligcc performs obligations under the Contract during this period, Obligee shall be entitled to deduct the Mitigation Costs from the Contract Balance. If the Contract Balance is exhausted, and Surety elects to proceed under Section 2, subparagraphs (A), (B), (C) or (D), Surety shall reimburse Obligee for the difference between the Contract Balance and the Mitigation Costs incurred and paid by Obligee. 4. If Surety proceeds under Section 2, subparagraphs (A), (B), (C), (D) 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 and/or amount and Surety is proceeding under and asserting a reservation of all rights, remedies, claims, and defenses. In the event Surety 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 Surety, then Surety shall be entitled to recover the excess from Obligee. 5. Surety's aggregate liability under this Bond is limited to the penal sum of this Bond, regardless of whether 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 of the penal sum of this Bond, then Surety shall be entitled to recover the excess monies from Obligee. The Surety waives notice of any change to the Contract. 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 Contract. (B) The phrase "Mitigation Costs' means the cost actually incurred by Obligee in proper performance of the Construction Work. Such costs shall be at hours and rates not higher than those customarily incurred at the place of the Construction Work unless Surety provides its prior written consent. (C) The phrase "Construction Work" means all labor and materials necessary to complete Principal's scope of work under the Contract 7. Any suit or action by Obligee under this Bond must be instituted within one (1) year from the earliest of the following dates: (A) the date of substantial completion of the Construction Work; (B) the date Principal ceased performing the 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 Iimitation period available to sureties as a defense in the jurisdiction of the suit or action shall apply and shall be deemed to have accrued and commenced to run on the earliest of the dates referenced in this Section 7 (A), (B) and (C). It shall be understood that in no event shall punch Iist, warranty, or maintenance work constitute Construction Work for the purpose of determining the limitation period for filing a suit or action under this Bond. Rev, 04117 Page 2 of 3 8. No prejudgment or pre -award interest may be recovered under this Bond. Post judgment interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1 -year constant maturity Treasury yield, as published by the Board of Governors of the 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 of action shall accrue on this Bond to or for the use of any person other than the Obligee. This Bond is not transferable without the express written consent of Surety, and no successor or assignee of Obligee shall have any rights under this Bond. Any suit or action under this Bond shall be instituted in a State or Federal court of competent jurisdiction in the location in which the Construction Work is situated. 10. Notwithstanding anything in this Bond or the Contract to the contrary, Surety shall have no liability to Obligee for: legal fees or costs; any form of consequential, indirect, punitive, or exemplary damages; or any liability of Principal for tortious acts, whether or not said Iiability is direct or imposed by the Subcontract or otherwise. Nor shall this Bond serve as or be a substitute for or supplemental to any insurance coverage required under the Subcontract. 11. Notice or demand given to Surety pursuant 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 1100 Schaumburg, IL 60173 SuretyClaimsNA—CorporateSolutions@swissre.com Signed this 15th day of August , 2017 Stevens & Sons Wel Dril' I Pr ci 1 by Name: Title: \yviu� North American Specialty Insurance Compar r0n.;,� by Brenda J. Sm SERI. IM Rev. 04/17 Page 5 of 3 Swiss Re Corporate Solutions North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation 1450 American Lane, Suite 1100 Schaumburg, IL 60173 LABOR AND MATERIAL PAYMENT BOND Bond# 2259018 KNOW ALL BY THESE PRESENTS, that we, Stevens & Sons Well Drilling, Inc. 'as Principal, and Borth American Specialty Insurance Company as Surety, are held and firmly bound unto City of Meridian as Obligee, in the penal sum of Fiftv Nine Thousand Five Hundred Fiftv Dollars and 00/100 Dollars (S 59,550.00 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee dated August 15, 2017 for Storey Park Well ("Contract"), which is incorporated herein by reference for the limited purpose of defining the scope of the Construction Work. NOW, THEREFORE, the condition of this obligation is such that if Principal promptly makes payment of all sums due to Claimants for labor, materials or rental equipment actually used, consumed or incorporated in the performance of the Construction Work, then Surety and Principal shall have no obligation under this Bond ("Bond"). IT IS FURTHER PROVIDED, that: 1. The obligation of Surety under this Bond shall arise only when all the following conditions have been met: (A) Claimant has, within ninety (90) days of Claimant's last furnishing of labor, materials, or rental equipment in the performance of the Construction Work, provided written notice of non-payment to Principal, Surety (at the address identified on this Bond) and Obligee stating with substantial accuracy the amount claimed and the name of the party to whom the labor, materials, or rental equipment was furnished; and (B) Claimant has furnished a Proof of Claim to Surety along with the following: (i) A written statement including the name of Claimant, the amount of the claim, the name of the party to whom the labor, materials, or rental equipment was furnished, a brief description of the labor, materials, or rental equipment fumished, and the date on which Claimant last furnished such labor, materials, or rental equipment for use in the performance of the Construction Work; and (ii) A copy of the agreement, contract or purchase order pursuant to which Claimant furnished labor, materials, or rental equipment for use in the performance of the Construction Work; and (iii) A statement of account showing the total amount earned by Claimant, the amount of previous payments received by Claimant, and the total amount due and unpaid to Claimant; and (iv) Copies of all 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 of one (1) year from the date on which Claimant last famished labor, materials, or rental equipment for use in the performance of the Construction Work. 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 of the suit or action shall apply and shall be deemed to have accrued and commenced to run on the date on which Claimant last furnished the labor, material, or rental equipment for which Claimant is making the claim. For purposes of determining the limitation period, performance of the Construction Work shall not include punch list, warranty, or maintenance work. 3. Notwithstanding anything in this Bond or the Contract to the contrary, Surety shall have no liability to Claimant for legal fees or costs or any form of consequential, indirect, punitive, or exemplary damages. No prejudgment or pre -award interest may be recovered under this Bond. Postjudgment interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1 -year constant maturity Treasury yield, as published by the Board of {'governors of the Federal Reserve System, for the calendar week preceding the date of the judgment. Rev. 04117 Page 1 oft 4. The aggregate liability of Surety under this Bond shall not exceed the penal sum of this Bond; and the penal sum of this Bond shall be reduced by and to the extent of all payments made by Surety under this Bond. S. Any suitor action under this Bond shall be instituted in a State or Federal Court of competent jurisdiction in the location in which the Construction Work is situated. No right of action shall accrue on this Bond to or for the use of any individual or entity other than a Claimant. This Bond is not transferable. 6. Notice or demand given to Surety pursuant 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 1100 Schaumburg, IL 60173 SuretyClaimsNA–CorporateSolutions@swissre.com Definitions (A) The words "Claimant" and "Claimants" mean one or more individuals or entities having a direct contract with Principal or with a subcontractor of Principal for labor, material, or rental equipment actually used, consumed or incorporated in the performance of the Construction Work. (B) The phrase "Construction Work" means all labor, materials, and rental equipment necessary to complete Principal's scope of work under the Contract. Signed and sealed this 15th day of _ _ _ August A.D., 2017 IN THE PRESENCE OR Stevens & Sons Well Drilling, Inc. — - rincipOol by Name: s; d :',h 5 Title: P r- e J � , I -- North Forth American Specialty Insurance Com Surety by Brenda J. Smith ! Attorney -in` -,qFAIr 1973 Rev. 04/17 Page 2 of 2 f SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: Brenda J, Smith Principal: Stevens & Sons Well Drilling, Inc. Obligee: City of Meridian Bond Description: Storey Park Well Bond Number: 2259018 Bond Amount: See Bond Form Its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" ��t�slit9urrurii _ s �_ $y s — 1 SEAL :m m Steven P. Anderson, Senior Vice President or Washington International Insurance Company = SEAL 7� 1973 ry & Senior Vice President or North American Specialty Insurance Company " ffAMPg', ` Yis rp tiinattta By l� 9iichee A. iu,Senlor Vice Presidento ashington Internationalnstteanee�Gompaay & Senior Vice President erNarlb American specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 29th day of November 2016 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 29th day of November , 201.6 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 1WN0=CT0MMP 1i11N015Z04l2t117 t M. Kenny, Notary Public I, JeffreyGoldberg— the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15th day of August , 2017 )eirrey Goldberg, Vice President & Assistant Secretary of Washington Inter mnionat Insurance Company & Nath Ameticm S;+ec'aity !ns=nce Camp M, STEV&SO-01 SMA ACC7R© CERTIFICATE OF LIABILITY INSURANCE FDATE1MMIDDIYYYY} �—� 0810212017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain ;policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CpNTACT Boise Office PHONEFAX PayneWeest Insurance, Inc. IA1C, No, Ext): (208) x{24-2900 (AIC, Na) (208) 424-2999 960 Broadway Avenue Suite 100 _aQ��ss: Boise, ID 83706 INSURERS AFFORDING COVERAGE NAIC N _I .INSURER A: Continental Western Insurance Company ,10804 INSURED INSURER_ B: Idaho_ State Insurance. Fund _36129 Stevens & Suns Well Drilling, Inc. Ij INSURER_C 3709 Hawthorne Drive INSURER D: Boise, ID 83703 I INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE iADDLiSUBR! POLICY NUMBER LTR IN So wVD •. POLICY EFF POLICY EXP UMiTS M1DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR X CPA2691969-31 0610112017 06/0112018 DAMAGE TO RENTED (Ea pceurreence� S 300,000 _ ��REMIS€S MED EXP (Any one person!, S _ --10,000 I PERSONAL &ABV INJURY , $ 1,000,000 GEN°L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY X PRO` LOC JECT 2,000,000 OTHER S A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a acddCnll _ EpILYINJURY(Perperson) § '000000 1,000,000 X ANY AUTO CPA2691969-31 0610112017 i 0610112018 $ OWNED SCHEDULED AUTOS ONLY. AUTOS j BODILY INJURY Peraccident) $ _ HIRED NON -OWNED _. AUTOS ONLY AUTOS ONLY I PROPERTY DAMAGE (Per accident} _ $ - A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE -CPA2691959-31 06/01/2017 06/01/2018 1,000,000 AGGREGATE $ DED i RETENTIONS B WORKERS COMPENSATION PER X $TATUT_ ER AND EMPLOYERS'LIABILITY YIN'519761 04101/2017 04/01/2018 1,00©,000 ANY PROPRIETORJPARTNERIEXECUTIVE E L EACH ACCIQENT $ (MandatoryFFICEMIn BE{#R EXCLUDED? N/A. I 1,000,000 E.L DISEASE - EA EMPLOYEE S If es describe under y 1,000,()00 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 107 Additional Remarks Schedule may 4e attached if more ace is required) ( y a 1 Project - Storey Park Well [@t City of Meridian Purchasing Manager 33 E Broadway Ave. Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '1 COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 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 Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability — Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage Included H. Who Is An Insured — Amendment Included 1. Non -Owned Watercraft (Increased to maximum length of less than 51 feet) included J. Supplementary Payments — Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included 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 additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement soca Coverage Part is included in this policy. f5: A. MISCELLANEOUS ADDITIONAL INSUREDS 1. Section II — Who Is An Insured 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 (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". CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission 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 limited 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 xclusions: 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 Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect 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 exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new con- struction or demolition operations 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 in 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 with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (5) State, Municipality, Governmental 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: (1) 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 own, rent or control and to 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, street banners or decorations and similar exposures: or CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction,. erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; or (i) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor would have in the absence of subdivision or other political the written contract or written subdivision has issued a agreement; permit or authorization. premises in connection with (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury" "property dam- thorized by you; age" or "personal and advertising (iii) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor;. subdivision or other political (iv) Repackaging, except when subdivision. unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization(s) with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liability arising out of: facturer, and then repackaged in the original (a) Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the vendor has agreed to make This insurance does not apply to or normally undertakes to structural alterations, new con- make in the usual course of struction or demolition operations business, in connection with performed by or for such person(s) the distribution or sale of the or organization(s). products; (7) Co -Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co -owned servicing or repair opera - by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co -owner's liability as co-owner of premises in connection with such premises. the sale of the product, (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization(s) bution or sale by you, have (referred to as vendor), but only been labeled or relabeled or with respect to "bodily injury or used as a container, r ingredient of any other thing art or property damage" arising out of or substance by or for the "your products" which are distributed or sold in the regular vendor; or course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (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 provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through AA.c.(8) above does not apply: (1) To "bodily injury" or "property damage" included within the ° prod ucts-completed operations hazard"; or (2) To "bodily injury" "property damage„ or "personal and advertising 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. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III — Limits Of Insurance: 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section 1 — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" 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. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — 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 officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the (i) How, when and where the 'occurrence" written contract or written agreement. or offense took place; CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (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 — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1. Under Section I — Coverage A — Bodily Injury 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 III — Limits Of Insurance. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1), (3) and (4) of 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 III — Limits Of Insurance. 3. Paragraph 6. of Section III — Limits Of Insurance is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1)(a).(ii) of Paragraph 4. Other insurance of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is fire, lightning, explosion, "smoke" or leakage from automatic Fre protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; Subparagraph a. of Definition 9. "Insured 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 fire protective systems to premises while 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 fire". E. MEDICAL PAYMENTS if Coverage C — Medical Payments is not otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, subject to the terms of Section III — Limits Of Insurance, to the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph f.(1) of Definition 12. "Mobile A for damages because of "property equipment" ment" of Section V — Definitions is deleted damage" to premises while rented to and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of i with its permission (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 11 — Who Is An Insured is deleted and replaced 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 corporation; b. Majority interest of more than 50% 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 Insured 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 earlier; (ii) Section I — Coverage A — Bodily Injury 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 liability company,- (iii) ompany;(iii) Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of 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 certificates 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 certificate. ;1�'i'�L�l I-'�Ji�1�f+�17;T��l �'iIJ ►3 ��'�11;1 The last paragraph of Section It — Who Is An Insured 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 II — Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. 1. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury 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. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 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 $1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV — Commercial General Liability Conditions: However, the unintentional 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 OTHERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — 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. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, 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.(1)(d) of Section II — Who Is An Insured 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 IV — Commercial General Liability Conditions. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: 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 It - Who is An Insured is amended to include as an additional insured any person(s) or organization(s) for whom you are required by virtue 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 Insured; or (2) The acts or omissions of those acting on behalf of the Named Insured: in the performance of the Named Insureds work for the additional insured(s) specified in the written contract provided the contract or agreement requires you to provide the additional insured such coverage and is: I. Currently in effect or becomes effective during the term of this policy; and li. Was executed prior to the "bodily injury""property damage" or °personal and advertising injury". b. If 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 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph 2.a. above, the words caused in whole or in part 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. If 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. e. This insurance ends at the earliest of the following times: (1) When any Named Insured(s) work called for in the written contract has been completed (2) When all of any Named Insured(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 Insured(s) work done at a job site has been put to its intended use by any person or organization other than the Named Insured or those acting on the Named Insured(s) behalf. Work that may need service, maintenance, correction, repair or replacement, but is otherwise 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 Insured shown in the Declarations. CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc., with its permission 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 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. 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 injury" or "property damage",or the offense which caused the ..personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 4. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance 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 Insured. 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 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. "Insured Contract" means: 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 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; If coverage provided to the additional insured f. That part of any other contract or is required by a contract or agreement, the agreement pertaining to your business most we will pay on behalf of the additional (including an indemnification of a insured is the amount of insurance: municipality in connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 05 29 09 16 Office, Inc., with its permission 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 specifications; 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 Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective 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 Insured. 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 liability 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 statutes, rules or regulations. "Non -employment discrimination" does not include violation of civil rights arising 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 and B do not apply to non -employment discrimination. D. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph D. Aggregate Limits Of Insurance does not apply, CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 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 II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written 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 injury" 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 Insured,- and nsured; 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 injury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and For purposes of this endorsement, throughout the policy, the terms "you" and "your" refer to the Named Insured 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 or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 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 injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are a. Preparing, approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surreys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 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 Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section tit - Limits Of 4nsurance: If 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance 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 Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Rage 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 7109 16 Office, Inc., with its permission 4!3!2017 ReferenceConnect Berkley North Pacific Group I Forms 101/01/12 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 PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION III —LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $15,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds.- b. nsureds;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 applicable to "property damage" as the result of any one "occurrence", regardless of the number of persons or organizations who sustain 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 "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project 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 owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought-, or (3) Persons or organizations making claims or bringing "suits". c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit.. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), hrips:J/www.silverplume_com/SPonlire/SPSage.aspx?cmd=doc&id=AK_CL CG_00_20_01_12.htm&fed=29100idgt&&eEfrDate&rd=1078892&lsig=DD3634xE26... 114 413/2017 ReferenceC onnect which cannot be attributed only to ongoing operations 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 available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project 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 injury" 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 Project General Aggregate Limit. 4. If 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 project. 3. The provisions of Limits Of Insurance (SECTION III) not otherwise 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 following: 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 from a storage tank or other container, ducts or piping which is 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 other means if the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" 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 "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage"' arising 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 for, monitor, clean up, remove, contain„ treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section ill) does not apply. c. Paragraph 1. of Section III — Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or https:l www.siIverplume_comlSPONineJSPSage_aspx?cmd=doc&id=AK_CL_CG_00_20_01 12.htm&fed=29100idgl&seEffDate&rd=1078892&Isig=DD3634xE2B... 214 4/312017 'PeferenceConneot (3) Persons or organizations malting claims or bringing "suits". d. The following are added to Section III —Limits Of Insurance: 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 threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000 aggregate. 3. 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 request for "property damage" to that part of any property: 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 incorrectly 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 "explosion hazard", the "collapse hazard" or the "underground property damage hazard", 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III — LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 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 higher limit is shown in the Declarations, the most we will pay for all covered "occurrences" during any one policy period is $15,000 Aggregate Limit of Insurance. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 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 the result of any one "occurrence", regardless of the number of persons or organizations who sustain 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 "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1) Paragraph 4.a. Primary Insurance is deleted. h":Iiwww-silverplume.com/SPOrdine/SPSage aspx?cmd=doc&id=AK_CL_CG_00 20 01_12.htm&fed=29100idgl&seEf Date&rd=1078892&Isig=DD3634xE2B... 3f4 X312017 ReferenceConnect (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: 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 Insurance 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, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage" means the collapse of or structural injury to any building or structure dui: to: (1) Grading of land, excavating, borrowing, filling, back -idling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, underpinning, 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, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back -filling or pile driving. @Berkley North Pacific Group @2017 Vertafore, Inc. All Rights Reserved. https:ttwww.silverplume.com/SPOrr�4nelSPSage aspx?cmd=doc&id=AK_CL_CG 00_20 01_12.htm&fed=29100idgl&seEfiDate8"rd=1078892&lsig=DD3634xE2B... 414