Northwest Pipeline Right of Way Specific EncroachmentRETURN ADDRESS
NORTHWEST PIPELINE, LLC
295 CHIPETA WAY
SALT LAKE CITY, UT 84108-1220
DOCUMENT TITLE(S)
AGREEMENT FOR SPECIFIC ENCROACHMENT ON RIGHT OF WAY
REFERENCE NUMBER(S) OF RELATED DOCUMENTS
ASSESSOR'S FILE NUMBERS
Ada County Recorders Office
Page(s) 545-547 of Book 29
ENCROACHING PARTY
CITY OF MERIDIAN
EASEMENT HOLDER
NORTHWEST PIPELINE AGREEMENTS
551211 G-961
78117 G-198
NORTHWEST PIPELINE LLC, A DELAWARE LIMITED LIABILITY COMPANY
LEGAL DESCRIPTION
PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE
EAST, BOISE MERIDIAN AND BASE LINE.
SITUATED IN THE COUNTY OF ADA, STATE OF IDAHO.
ADA COUNTY ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBERS
S1405212410 - PARCEL REF# 2410
Page I 1 Northwest Pipeline LLC
AGREEMENT FOR SPECIFIC ENCROACHMENT ON RIGHT OF WAY
THIS AGREEMENT is entered into by and between Northwest Pipeline LLC ("Northwest"), a
Delaware Limited Liability Company, with offices located at 295 Chipeta Way, Salt Lake City, UT
84108, and City of Meridian, an Idaho City Corporation ("Meridian") with offices located at 33 E
Broadway Ave. Meridian, ID 83642.
WITNESSETH THAT Grants (collectively, the Grant) were granted to Northwest Pipeline LLC,
its successors and assigns, to construct, operate and maintain a natural gas pipeline or pipeline(s)
(the Pipeline) and facilities by the following documents:
• Those certain Right of Way Easements ("Easement"), dated June 21, 1955 & January 30,
1979;
WHEREAS, the City of Meridian desires to construct, maintain and use the following
improvements (collectively, the Improvements) within, over and through the Easement: a city park
as clearly defined and shown in Exhibit "A" attached and made part of this agreement, within
Northwest's Easement;
WHEREAS, Northwest is the successor to and assignee of Northwest Pipeline Corporation;
WHEREAS, this Agreement shall run with the land, and shall be binding on all successors in
interest, assigns and all claiming under them, including all current and future owners of any portion
or having interest in the property. Any reference to Northwest or Meridian in this Agreement shall
be deemed to apply to any successors or assigns who has acquired interest in compliance with
the terms, or under law.
WHEREAS, Northwest is willing to consent to Meridian construction, maintenance and use of the
Improvements within Northwest's Easement subject to certain conditions;
THEREFORE, in consideration of the mutual promises and benefits contained herein, Northwest
hereby gives its consent to Meridian to construct, maintain and use the Improvements within the
Easement subject to the following conditions:
1. To the extent allowed by law, Meridian, its successors and assigns shall hold Northwest
harmless from and indemnify Northwest, its parent and subsidiary and affililated
companies against any loss, cost or expense resulting from any construction or
maintenance or use performed over, under or around Northwest's pipelines, to the extent
such loss, cost or expense is caused by the wrongful or negligent conduct or work of
Meridian. It is specifically agreed that the authorization for the encroachment shall not
prohibit or unreasonably interfere with Northwest's use of the Easement for its intended
purposes.
2. To the extent allowed by law, Meridian, its successors and assigns shall hold Northwest,
its parent and subsidiary and affiliated companies harmless from and indemnify it against
any and all claims for damages, injury or death arising by reason of said encroachment to
Page 12 Northwest Pipeline LLC
the extent such claims are caused solely by the wrongful or negligent conduct or work of
Meridian.
3. Meridian, its successors and assigns will carry or cause to be carried and maintained in
force throughout the performance of any part of construction, maintainance or use of the
Improvements and for as long thereafter as necessary to support any post activities or
obligations of Meridian, its successors and assigns, insurance with limits, terms and
conditions as described in Exhibit "B", attached hereto and made part of this Agreement.
4. Meridian, its successors and assigns, agree that, The authorizations made herein by
Northwest as set forth in this agreement shall be binding upon the successors and
assigns of both Northwest and Meridian, its successors and assigns. Nothing in this
agreement shall be construed in such a manner as to limit in any way the rights
granted to Northwest in the original Right of Way Contract.
5. Further, Encroaching Party Meridian, its successors and assigns, agree that this
Agreement for Specific Encroachment is subject to and incorporates the minimum
terms and provisions of Northwest's Encroachment Specifications (Exhibit "C"), or
as it may be amended from time to time, and agrees to obtain Northwest's approval
prior to any excavation and to comply with terms and conditions provided herein.
Encroaching Party Meridian, its successors and assigns, concurs that Northwest
reserves the right to impose more strict standards where reasonably necessary due
to site conditions warranting greater protection of the pipeline facilities and the
public.
6. Northwest reserves the right to excavate or perform any maintenance or construction
activity related to its facilities both above and below ground in any portion of Northwest's
right-of-way as per its Right of Way Contract, if in Northwest's judgment it is necessary to
construct, alter, inspect, maintain, repair, remove or replace its natural gas transmission
facilities located within its Right of Way Easements. Northwest shall provide reasonable
notice to Meridian prior to taking any such action except in the event of an "Emergency".
Further more, in the event of an "Emergency" Northwest reserves the right to complete
any construction activity required to contain, mitigate and repair the "Emergency" without
prior notification to Meridian. Northwest will as soon as possible and at the earliest
opporuntity, notify Meridian of the "Emergency" event and the plan to repair and replace
any damaged facilities as a result of the "Emergency" and coordinate the repair and
restoration efforts for that part of the Right -of -Way with Meridian, its successors and
assigns.
7. An authorized Northwest representative is required to be onsite prior to and during any
surface disturbing work activity performed within the right-of-way. Northwest's
representative will assist in determining the location of the pipeline, the right-of-way width
and existing depth of the pipeline. Northwest's representative will supervise all work within
Northwest's right-of-way and shall have stop work authority at all times if the
representative reasonably believes Meridian's work is in breach of this agreement or
otherwise threatens the pipeline, or thers is a safety concern. Northwest must be notified
at the Boise District Office (208) 884-4300 at least 72 hours before any work
Page 13 Northwest Pipeline LLC
commences on or near its right-of-way. Reference milepost 824.50-825.25 on the Ignacio
to Sumas 22 inch 1400 main pipeline & 24 inch 1401 loop pipeline.
8. Foreign line crossings:
a. Shall be installed in accordance with all applicable codes and requirements
governing such installations.
b. Shall cross Northwest's right-of-way at an angle as close to 90 degrees as
possible. Parallel occupancy of Northwest's right-of-way is not permitted.
c. Shall be installed with a minimum of 24 inches of clearance between existing
Northwest pipeline facilities and the proposed foreign line.
d. Shall be installed at a uniform depth across the full width of Northwest's right-of-
way.
e. Shall be identified with permanent above ground markers where the lines exit
Northwest's right-of-way. A direct -burial warning tape will be placed 12-18 inches
above the foreign line and extend across the entire width of Northwest's right-of-
way.
f. All crossings of the pipeline Right -of -Way with must be hand dug.
9. Fence: All fence post locations in the right-of-way must be approved by Northwest's
representative and the representative must be on site for the duration of the digging of the
posts. Posts installed within the right-of-way must be hand dug.
10. This Encroachment Agreement for Specific Encroachment shall apply only to the Meridian,
its successors and assigns improvements specified herein. Any further encroachment or
other encroachments shall require a separate encroachment agreement.
11. This Encroachment Agreement is personal to Meridian, its successors and assigns and
is not assignable without Northwest's prior written consent, and any attempt to assign
this Encroachment Agreement without such consent will automatically terminate this
License.
Further, Meridian, its successors and assigns, agree that this Agreement for Specific
Encroachment is subject to and incorporates the minimum terms and provisions of
Northwest's Encroachment Specifications (Exhibit "C"), or as it may be amended from time to
time, and agrees to obtain Northwest's approval prior to any excavation and to comply with
terms and conditions provided herein. Meridian, its successors and assigns concurs that
Northwest reserves the right to impose more strict standards where site conditions warrant
greater protection of the pipeline facilities and the public.
The authorizations made herein by Northwest as set forth in this agreement shall be
binding upon the successors and assigns of both Northwest and Meridian, its successors and
assigns. Nothing in this agreement shall be construed in such a manner as to limit in any way the
rights granted to Northwest in the Right of Way Contract, Agreement(s), and Amendment.
Page 14 Northwest Pipeline LLC
AGREED this e day of $ep:6,-M Ibtlr' 2018.
CITY of MERIDIAN
Sign
Tammy - erd, Mayor
NORTHWEST PIPELINE LLC.
Signed:
Micahel Rieske, Attorney -in -Fact
ACKNOWLEDGMENTS
61Ir_1l�xi7=17t1VU]
COUNTY OF ADA
On the 2F-) day of �g 21^1 � 2018, personally appeared before me Tammy de
Weerd of the City of Meridian, -
an Idaho Municipal Corporation, its successors and assigns and stated that the
foregoing instrument was signed in
behalf of said Municipal Corporation and acknowledged to me that she, as its Mayor
executed the
Notary Public in and for the
1,
State of Idaho
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My Commission Expires13-0\2Oaakilo
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STATE OF UTAH
COUNTY OF SALT LAKE )
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On the � day of 1QrJp194Qi 2018, personally appeared before me Michael Rieske of
Northwest Pipeline LLC., and stated that the foregoing instrument was signed in behalf of said limited liability company
and acknowledged to me that he, as its authorized Attorney -in -Fact, executed the same.
Notwy Publlc 01Notary Public in and for the
ANDREA AMOW State of Utah
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may is, 2019
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Exhibit "A"
See 11X 17 Exhibit "A"
Page 16 Northwest Pipeline LLC
Exhibit "B"
Insurance Requirements
Meridian will maintain in force throughout the performance of any part of construction,
maintainance or use of the Improvements and for as long thereafter as necessary to support any
post activities or obligations of Meridian, insurance described below. The limits and terms set
forth below will not be construed to limit Meridian's liability. All costs and deductible amounts will
be for the sole account of Meridian. The required liability insurance can be met under a primary
or an excess policy or any combination thereof. Prior to commencing the Improvements
hereunder, Meridian will deliver to Northwest certificate(s) of insurance on an Acord form or other
acceptable industry standard certificate of insurance form evidencing the insurance, terms and
conditions required below.
In the event of non -renewal or
cancellation of policies providing the required insurance described below, any construction,
maintenance or use of Improvements will cease until replacement insurance can be evidenced to
Northwest.
If Meridian uses any subcontractor to perform any of the Improvements, Meridian's
subcontractors are contractually required to maintain insurance in accordance with the General
Conditions of the Contract for Construction, AIA Document A232-2009 as amended in the
Supplemental General Conditions related to Insurance attached hereto as Exhibit D .
Irrespective of the insurance requirements below, the insolvency, bankruptcy or failure of any
such insurance company providing insurance for Meridian, or the failure of any such insurance
company to pay claims that occur will not be held to waive any of the provisions hereof.
1. Workers Compensation and Employer's Liability
Workers Compensation insurance in the amount of the statutory limits, complying with the
state and federal and regulations having jurisdiction over each employee.
2. General Liability
Commercial General Liability insurance with limits as set forth in the Certificate of
Insurance, attached hereto as Exhibit E.
3. Automobile Liability
Automobile Liability insurance with limits as set forth in the Certificate of Insurance,
attached hereto as Exhibit E.
Page 17 Northwest Pipeline LLC
Exhibit "C"
ENCROACHMENT SPECIFICATIONS
Northwest Pipeline LLC (Northwest) is an interstate transporter of natural gas and, as such, is regulated by the
Department of Transportation, Office of Pipeline Safety. In some cases state and local laws may exceed the federal
regulations. These specifications have been designed to comply with all federal and state regulations and to ensure
the safety of the public and the pipeline facilities.
The following specifications are minimum requirements for most proposed encroachments to avoid conflicts with
regulations and with existing Easement rights. It is not Northwest's intent to convey that these are the only types of
activities permitted. Additional requirements may be imposed depending upon the scope of the proposed
encroachment. For a review of your individual situation, please contact your local Northwest office.
GENERAL REQUIREMENTS
A. No above ground structures or appurtenances are to be located within the Northwest right of way. The structures
and appurtenances include, but are not limited to; utility poles, towers, foundations, guy wires, structures
supporting aerial lines, satellite dishes, manholes, catch basins, utility pedestals, transformers, fire hydrants, utility
sheds, decks, and swimming pools with associated improvements.
B. An authorized Northwest representative must be on site prior to and during any surface -disturbing work or
equipment crossings performed within the right of way. Northwest's representative will assist in determining the
location of the pipeline(s), the right of way width and existing cover over the pipeline and will remain on site to
monitor all activities within the right of way. This representative will supervise all work within Northwest's right of
way and shall have stop work authority at all times.
C. No cut or fill on the Northwest right of way is permitted without Northwest written approval
D. All foreign lines will cross Northwest's right of way at an angle as near to 90 degrees as possible. In situations
where there are multiple parallel Northwest pipelines, the proposed foreign line(s) will either cross over or under
all of Northwest pipelines in the right of way. No horizontal or vertical bends are permitted within Northwest's right
of way. Parallel occupancy of Northwest's right of way will not be permitted.
E. All foreign lines crossing Northwest's pipeline(s) or related facilities will be installed with a minimum of 24" of
clearance between the existing Northwest facilities and the proposed foreign line. The foreign line will be installed
at a uniform depth across the full width of the Northwest right of way. Northwest may require that all foreign lines
be installed under its existing pipeline(s) and related facilities.
F. Northwest facilities are electrically protected against corrosion. Each metallic foreign line that enters or crosses
Northwest's right of way must have a test lead installed. In addition, the utility contractor installing the metallic
foreign line must excavate and expose one or more of Northwest's existing pipelines to provide for the installation
of test leads by Northwest personnel. All necessary measures (coating, electrical bonds, etc.) will be taken to
ensure that the proposed pipe or utility is adequately protected from potential interference effects. Requests for
cooperative testing will be directed to Northwest's Division Office, "Attn.; Pipeline Integrity Team Lead".
G. Northwest may require that foreign lines be identified with permanent aboveground markers where the lines enter
and exit the Northwest right of way. It is the line owner's responsibility to obtain any rights to install the markers,
and to maintain the markers. A direct burial warning tape should be placed 12" to 18" above the foreign line and
extend across the entire width of Northwest's right of way.
H. Foreign lines crossing Northwest's facilities will be installed in accordance with all applicable codes and
requirements governing such installations.
I. Stockpiling dirt, brush, trash, or other debris on the right of way is prohibited, as it may conceal pipeline markers
and hinder pipeline inspection or routine maintenance.
Page 18 Northwest Pipeline LLC
1) FENCES
A. A site specific inspection is required to determine whether the proposed fence posts must be kept a minimum of 4'
to 5' from the edge of any Northwest pipeline or related pipeline facility. A Northwest representative must be on
site to determine the location of the fence posts within the right of way and for the duration of the digging of the
post holes. Posts installed within the right of way must be hand dug. All proposed fence crossings over Northwest
pipelines will cross at an angle of 90 degrees, or as near as reasonably practicable.
B. Northwest will have the free right of ingress and egress. Northwest may require that new fences have a 12' wide
gate installed within the right of way at a location approved by Northwest. The gate will be installed as to minimize
vehicular and equipment travel over the existing Northwest facilities.
2) LANDSCAPING GUIDELINES
A. No trees are permitted on Northwest's right of way. Additionally, the canopy of any trees planted adjacent to the
right of way must not extend into the right of way at maturity. Any branches extending into the right of way will be
side cut by Northwest at its discretion.
B. With prior approval from Northwest, some types of low growing, shallow -rooted shrubs may be permitted on the
right of way provided their maximum mature height will not exceed 5' and are not within 5' of the edge of the
pipeline. Northwest requires that the mature plantings will not prevent Northwest representative from seeing down
the right of way during routine patrols or walking down the right of way directly over the pipelines as the perform
required inspections. Under no circumstances will mechanical equipment be used in the planting of shrubs.
C. Northwest reserves the right to cut and remove plantings as required in the operation, inspection and maintenance
of its pipeline facilities; further, Northwest assumes no responsibility for any cost involved in the replacement of
said cut and removed landscape plantings.
D. All sprinkler or irrigation systems will require review by a Northwest representative. Sprinkler heads will not be
permitted within 10' of any pipeline or related facility. All crossings of the Northwest pipeline(s) or related facilities
with feeder lines will be hand dug.
3) STREETS, ROADS, TRAILS, PATHS AND DRIVEWAYS
A. Northwest must complete a preliminary engineering evaluation for all roads, streets, driveways, etc., proposed on
Northwest's right of way. Any pipe casing, concrete slabs, or other protection required by Northwest will be
installed at no expense to Northwest. Northwest may require a pipeline inspection prior to construction.
B. The recommended minimum total cover over Northwest existing pipelines is 66" at all driveways, highways, roads,
streets, etc. The recommended minimum total cover over Northwest existing pipelines in adjacent drainage
ditches is 48".
C. Vibratory equipment is prohibited within the limits of the Northwest right of way. Vibratory equipment is not
permitted to be used for achieving applicable compaction requirements.
D. Driveways, highways, roads, streets, etc. crossing over Northwest pipeline facilities will cross at an angle as near
to 90 degrees as possible. All crossings must be over straight pipe and at locations free of any crossovers.
Parallel occupancy of the right of way will not be permitted.
E. Northwest will allow for the installation of concrete side walks within the Righ-of-Way however retains the right to
cut all present and proposed driveways, highways, roads, streets, etc. and will have no responsibility for
restoration, loss of use or access, or any other costs.
F. Access to the earth above each pipeline for leak detection (flame ionization) and cathodic protection surveys must
be maintained.
4) EQUIPMENT USE IN CLOSE PROXIMITY TO THE PIPELINE(S)
Page 19 Northwest Pipeline LLC
A. To protect Northwest pipeline(s) from external loading, Northwest must perform an engineering evaluation to
determine the effects of any proposed equipment use. Mats, timber bridges, or other protection materials deemed
necessary by Northwest will be placed over Northwest facilities for the duration of any loading. Protective
materials will be purchased, placed, and removed at no cost to Northwest. The right of way must be returned to
its original condition.
B. Northwest may require temporary markings to identify areas where equipment use is authorized.
C. No vibratory equipment is permitted within the limits of, or in close proximity to, the Northwest right of way.
5) DRAINAGE, IMPOUNDMENT OF WATER AND EROSION CONTROL
A. Northwest may conduct preliminary engineering studies for any proposed drainage channels or ditches that will
discharge toward or within the right of way. Drainage channels or ditches must be adequately protected from
erosion and provide a minimum of 48" of cover over the pipeline(s). Altering (clearing, re -grading or changing
alignment of) an existing drainage channel or ditch requires written approval from Northwest.
B. Impoundment of water on Northwest's right of way is not permitted. Soil erosion control measures will not be
installed within the Northwest right of way without prior written Northwest approval.
6) EXCAVATIONS AND BLASTING
A. Plans for excavation on the right of way require prior approval by Northwest. No machine excavation will be
performed within 24" of Northwest's pipeline(s) or related facilities. Northwest's onsite representative may
require hand digging at a distance greater than 24".
B. When a backhoe is used for excavation, the bucket teeth should be curled under each time the bucket is brought
back into the ditch to reduce the chance of the teeth contacting the pipeline. Side cutters must be removed from
all buckets. At the discretion of Northwest's onsite representative, a bar may have to be welded across the bucket
teeth.
C. No mechanical excavation may be performed by reaching over any Northwest facilities.
D. Prior to any plowing or ripping of soil on the right of way, particularly in association with agricultural activities, plans
should be reviewed with the local Northwest representative to ensure proper cover exist over the pipeline(s). No
vibratory plows are permitted to be used on the Northwest right of way.
7) BURIED COMMUNICATION (TELEPHONE, TV, DATA TRANSMISSION, FIBER OPTIC) AND BURIED POWER
LINE CROSSINGS
A. Utilities crossing Northwest facilities are required to be cased to protect the integrity of the utility and the safety of
Northwest and third party excavators in the future.
B. All buried communications (other than single residential telephone and TV) crossing Northwest facilities will be
installed in steel casing for the full width of Northwest's right of way.
C. All buried electric cables (other than 24 volt DC power lines), including single residential service drops, crossing
Northwest facilities will be installed in steel casing for the full width of Northwest's right of way.
D. All buried single residential telephone, cable TV, and 24 volt DC power will be encased in schedule 40 PVC casing
for the full width of Northwest's right of way.
E. All fiber optic cable, including single drops, will be installed in steel casing for the full width of Northwest's right of
way or facilities.
8) COMBUSTIBLE MATERIAL LINES
Page 110 Northwest Pipeline LLC
A. All plastic combustible material lines will be installed in steel casing for the full width of Northwest's right of way.
B. Northwest may require that steel combustible material lines (adequately protected from Northwest's cathodic
protection system) be installed under existing Northwest pipeline facilities.
9) BORED CROSSINGS
A. Northwest existing pipeline facilities will be test pitted to verify the horizontal and vertical location of all facilities
prior to any proposed boring operations. Once all required test pits have been performed, both plan view and
profile drawings will be submitted to Northwest. Plan and profile drawings are required for all proposed boring
operations.
B. All proposed bores will include the installation of steel casing for the full width of Northwest's right of way.
C. Prior to any boring, inspection holes will be excavated to verify the depth of the bore as it approaches each pipeline.
Inspection holes must be excavated to allow Northwest's on site representative to visually see the boring head
prior to the point where it travels beneath each pipeline. The contractor must provide and maintain instrumentation
to accurately locate the boring head.
10) OVERHEAD LINE CROSSINGS
A. Overhead line crossings will be installed with a minimum of 30' of vertical clearance above the Northwest right of
way to provide adequate equipment clearance. No poles or appurtenances will be located on the Northwest right
of way.
B. Overhead line crossings will not be installed within 25' (measured horizontally) of any gas vent (e.g. relief valve,
blow down vent).
C. Overhead lines will cross Northwest's facilities at an angle as near to 90 degrees as possible. Parallel occupancy
of Northwest's right of way will not be permitted.
D. In addition to these Northwest minimum clearances, all local utility minimum clearances must be adhered to.
STATEMENT REGARDING RIGHTS
A. Nothing contained herein will be construed to convey, waive, or subordinate any of Northwest's existing rights
whatsoever.
B. Northwest will be fully and completely compensated for any damages to its facilities resulting from the acts of third
parties who are working in the vicinity of Northwest's facilities with or without Northwest's consent.
C. Northwest will be indemnified from and against all claims, losses, demands, damages, causes of action, suits, and
liability of every type and character, including all expenses of litigation, court costs, and attorneys fees, for injury
to or death of any person or for damage to any property, arising out of or in connection with third party work in
the vicinity of Northwest's facilities.
Page 111 Northwest Pipeline LLC
EXHIBIT D — Subcontractor Insurance Requirements
ARTICLE 11; INSURANCE AND BONDS
11.1 Contractor shall purchase and maintain insurance as set forth in Section 11.1 of the
Agreement, as supplemented by these Supplementary Conditions of the Contract for
construction. This insurance requirement does not limit or qualify the liabilities and
obligations assumed by the Owner or Contractor under the contracts. The insurance shall
be written for not less than the following limits, or greater if required by law.
11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: including private entities
performing Work at the site and exempt from the coverage on account of number of
employees or occupations, which entities shall maintain voluntary compensation coverage
at the same limits specified for mandatory coverage for the duration of the Project.
11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add: or persons or entities
excluded by statute from the requirements of Clause 11.1.1.1 but required by the Contract
Documents to provide the insurance required by that Clause.
11.1.1.8 Add the following sentence to Subparagraph:
If this insurance is written on the Comprehensive General Liability policy form, the
Certificates shall be AIA Document G715 — 1991, Certificate of Insurance or ACORD Form
25. If this insurance is written on a Commercial General Liability policy, ACORD Form 25S
will be acceptable.
11.1.4 Delete subparagraph 11.1.4 and add the following:
Workers' Compensation: Contractor shall maintain Workers' Compensation insurance in
the amount of the statutory limits and comply in all respects and regulations concerning the
employment of labor required by any duly constituted authority having legal jurisdiction over
the area in which the work is performed, and shall be written for not less than the following
limits:
a) State: Statutory
b) Employer's Liability $100,00 per Accident
$500,000 Disease, Policy Limit
$100,000 Disease, Each Employee
11.1 .5 Commercial General Liability: Contractor's policy shall be primary to the Owner's
insurance, and shall include: premises operations, Owners and Contractors protective
liability, independent contractors, products and completed operations liability, contractual
liability in support of this Contractor's indemnity requirements, broad form property damage
liability and blanket contractual liability, personal injury with employee and contractual
exclusions removed, and explosion, collapse and underground damage coverage:
(a) For any claim for bodily injury, property damage or due to contractual liability, limits of
not less than $1,000,000 per occurrence.
(b) For products and completed operation coverage, coverage is to be maintained for a
period of two (2) years following final payment.
(c) For the hazards of explosion, collapse and underground, commonly referred to as XCU,
coverage shall be required if the exposures exist. This coverage may be provided by
Page 112 Northwest Pipeline LLC
the subcontractor if the State and prime contractor are named as additional insured.
(d) For personal injury liability, limits of not less than $100,000 per occurrence.
(e) General Aggregate shall not be less than $2,000,000
(f) Fire legal liability shall be provided in an amount not less than $100,000 per occurrence.
11.1.6 Comprehensive Automobile Liability: Business auto liability (including all owned, non -
owned, and hired vehicles) in an amount of not less than $1,000,000 combined single limit.
11.1.7 Contractor shall have an Equipment Policy with limits adequate to protect the Owner.
11.1.8 Additional Insureds: The Contractor shall cause the commercial liability coverage
required by the Contract Documents to include (1) the Construction Manager, the
Construction Manager's consultants, the Owner, the Architect, and the Architect's
consultants as additional insureds for claims in whole or in part by the Contractor's
negligent acts or omissions during the Contractor's operations and the Contractor's
completed operations for the insurance required in 11.1. The insurance shall contain the
severability of interest clause as follows: "The Insurance afforded herein applies separately
to each insured against whom claim is made or suit is brought, except with respect to the
limits of the company's 'liability"'. The Construction Manager, the Construction Manager's
consultants, the Owner, the Architect, and the Architect's consultants shall be additional
insureds including completed operations for a period of two (2) years following final
payment as evidence by an endorsement of the insurance policy by the combination of
either the ISO Form CG2010 and CG2037 or the combination of CG2033 and CG2037 or
equivalent forms. In addition, Contractor's policy shall provide that the Contractor's
insurance is primary to the Owner's insurance.
11.1.9 The Contractor shall require all subcontractors of any tier to provide Comprehensive
General Liability Insurance with combined single limits for bodily injury and property
damage of at least $1,000,000 per occurrence and Comprehensive Automobile Liability
Insurance for all owned, non -owned and hired vehicles with combined single limits for bodily
injury and property damage of at least $1,000,000 per occurrence.
11.4 Add the following Subparagraphs:
11.4.1 The Contractor is required to furnish bonds covering faithful performance of the Contract
and payment of the obligations arising thereafter as stipulated in bidding requirements,
negotiated by the parties, or specifically required in the Contract Documents on the date of
execution of the Contract.
11.4.3 The Contractor shall furnish a Surety Company Bond in the amount of one -hundred percent
(100%) of the Contract Price covering one -hundred percent (100%) performance and
maintenance and one -hundred percent (100%) payment with such sureties and/or agency
as selected or approved by the Owner.
11.4.4 The Bond shall include maintenance provisions covering workmanship and materials for a
period of two (2) years or for longer periods where so specified, from and after the Date of
Substantial Completion. The Contractor shall include the cost of the Bond as part of the
Contract Price.
11.5 Add the following new Paragraph:
11.5 Indemnity
11.5.1 The Contractor shall indemnify, defend and save harmless the Owner, the Construction
Manager, the Architect and the Architect's Consultants from and against all claims,
damages, costs, legal fees, expenses, actions and suits whatsoever including injury or
death of others or any employee of the Contractor, Subcontractors, agents or employees,
caused by failure to comply fully with any term or condition of the Contract, or caused by
damage to or loss of use of property, directly or indirectly, by the employees and
occasioned by the negligence of the Contractor, his agents, subcontractors or employees.
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iCRMP
SHERY HARMON
MEMBER SERVICES
October 13, 201
Sample
RE: Member -Certificate Request
...mote thanju.6t fnentance
I am summarizing ICRMP's position regarding additional insured language on our certificates of
insurance.
As outlined, the member referenced above is a governmental entity within the State of Idaho.
Idaho Code § 6-923 allows for political subdivisions to purchase insurance for "themselves and
their employees." This is also specifically prohibited by the Idaho Constitution Article VIII,
Section 4:
No county, city, town, township, board of education, or school district, or other
subdivision, shall lend, or pledge the credit or faith thereof directly or indirectly,
in any manner, to, or in aid of any individual, association or corporation, for any
amount or for any purpose whatever, or become responsible for any debt,
contract or liability of any individual, association or corporation in or out of this
state.
Governmental entities do not have the lawfiil authority to purchase insurance on behalf of
(Certificate Holder)
Even though the cannot use the terminology of "additional insured", we can provide you with a
Certificate of Insurance, which shows that there is insurance on the property and that we will
accept a tender of your defense if you are named party to a lawsuit solely because of your
relationship with this member and not as a result of your own conduct.
I hope this information will better explain who we are, who our member is and why we cannot
supply you with the words "additional insured' on your certificate of insurance. Please let me
know as soon as possible that this situation has been resolved in the favor of our member.
Sincerely,
Shery Harmon
Shery Hannon
Underwriting Specialist
CERTIFICATE OF INSURANCE
Issue Date: Wednesday, May 30, 2018 10:42:08 AM
Agent for Public Entity:
This certificate is issued as a matter of information only and confers no
James Fullinwider
rights upon the certificate holder. This certificate does not affirmatively
All American Insurance Inc.
or negatively amend, extend or alter the coverage afforded by the policy
PO Box 650
below. This certificate of insurance does not constitute a contract
between the issuing insurer, agent and the certificate holder.
Meridian ID 83680-
PROGRAM AFFORDING COVERAGE:
Insuring Pool Participant:
City of Meridian
Idaho Counties Risk Management Program, Underwriters
33 East Broadway, Ste. 308
P. 0. Box 15249
Meridian ID 83642-
Boise, ID 83715
This certifies coverages listed below are issued to the above insuring pool participant for the time period indicated, notwithstanding any requirement,
term or condition of any contract or other document with respect to which this certifcate 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.
Policy
Effective Expiration Property Deductible
Number
Date Date (except Flood/quake): $2,500
Section Type of Insurance
37A02114100117 5/30/2018 09/30/2018
Number -Coverage Form Limits
V
PROPERTY INSURANCE
1. Buildings, Structures and Property
Amount Reported in Schedule of Values
-OCCURRENCE
2. Automobile/Mobile Equipment Physical Damage
up to $100,000,000 per occurrence.
General Aggregate
$200000 000
VI
MACHINERY BREAKDOWN
1.Property Damage
Each Occurrence
Varies Per Item
-OCCURRENCE
2. Expediting Expenses
Each Occurrence
52,500,000
3. Buisness Income and Extra
Each Occurrence
$1,000,000
Expense
Each Occurrence
$1,000,000
4. Spoilage Damage
Each Occurrence
$2,500,000
5. Service Interruption
Each Occurrence
$5,000,000
6. Newly Acquired Premises
Each Occurrence
$5,000,000
7. Ordinance or Law
Each Occurrence
$10,000,000
8. Errors and Omissions
General Aggregate
$100,000,000
VII
1. Employee Dishonesty
Each Occurrence
$500,000
ICRIMEINSURANCE
(INCLUDES PUBLIC OFFICIALS'
2. Loss Inside Premises
13.
SURETY-IN-LIEU)
Loss Outside Premises
For Claims Pursuant All Other Covered
to Title ,Ch.9, Idaho Liability Claims
VIII
AUTOMOBILE LIABILTY
1. Automobile Liability
Each Accident
$500,000 53,000,000
-OCCURRENCE
Each Person
$5,000 $5,000
2. Automobile Medical Payments
Each Accident
$100,000 $100,000
Each Person
$100,000 $100,000
3. Uninsured Motorist
Each Accident
$300,000 $300,000
IX
GENERAL LIABILITY
1. General Liability
Each Occurrence
$500,000 53,000,000
-OCCURRENCE
X
LAW ENFORCEMENT
1. Law Enforcement Liability
Each Occurrence
$500,000 $3,000,000
LIABILITY -OCCURRENCE
XI
ERRORS/OMISSIONS
1. Errors Omission Liability
Each Claim
$500,000 53,000,000
LIABILITY-CLAIPIS MADE
XII
EMPLOYEE BENEFITS
1. Employee Benefits Liability
Each Claim
$500,000 $3,000,000
LIABILITY -CLAIMS MADE
XIII
EMPLOYMENT PRACTICES
1. Employment Practices Liability
Each Claim
$500,000 $3,000,000
LIABILITY -CLAIMS MADE
XIV
SEXUAL MOLESTATION
1. Sexual Molestation Liability
Each Claim
$500,000 $3,000,000
LIABILITY -CLAIMS MADE
Description of Operations/Locations/Vehicles/Restrictions/Special Items:
Sample Certificate
Value:
For above described item, coverage both for property damage & liability arising from Insured. If Certholder is named as party to lawsuit solely due to
relationship with Insured & not as result of its own conduct, we will accept tender of defense, until liability determination. Certholder as Loss Payee as
their interest may appear.
Certificate Holder:
Cancellation
Should any of the above described policies be cancelled before the expiration date thereof. notice
None
will be delivered in accordance with the policy provisions.
none
Authorized Representative
none
San4 Mow ICRMP 16117
none none
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