Independent Contractor Agreement with Paul Construction for Waltman Street Waterline ReplacementTHISAGREEMENTE INDEPENDENT C NT ACT SERVICES is made this
6th day of May, 2014, 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 Paul Construction, Inc,
hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1117,
Meridian, ID 83680 and whose Public Works Contractor License # is C -10495 -AA -4.
Whereas, the City has a need for services involving W. WALTMAN STREET
WATERLINE REPLACEMENT; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Agreement 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 Attachment "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,
state and city laws, ordinances, regulations and resolutions. The Contractor
W. WALTMAN STREET WATERLINE REPLACEMENT page 1 of 11
Project 10372.b
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.
2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided
in Attachment B "Payment Schedule" attached hereto and by reference made a
part hereof for the Not -To -Exceed amount of JZ4J70.00
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 Attachment A.
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.
W. WALTMAN STREET WATERLINE REPLACEMENT page 2 of 11
Project 10372.b
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Attachment 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.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 45 (forty five)
calendar days to complete the work as described herein. Contractor shall be liable
to the City for any delay beyond this time period in the amount of one hundred fifty
dollars ($150.00) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty.
ANTICIPATED TIMELINE
Bid Opening
April 8, 2014
Conditional Notice of Award Issued
April 18, 2014
Required Documents Returned to City
April 28, 2014
by Contractor
City Council Approves Agreement.
May 6, 2014
Notice to Proceed Issued
May 8, 2014
Substantial Completion
June 13, 2014
Final Completion
June 23, 2014
4.1 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.
4.2 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
W. WALTMAN STREET WATERLINE REPLACEMENT page 3 of 11
Project 10372.b
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.
5. Independent Contractor:
5.1 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
expressly provided in Attachment 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.
5.2 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.
5.3 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.
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY 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 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
W. WALTMAN STREET WATERLINE REPLACEMENT page 4 of 11
Project 10372.b
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.
6.2 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.
6.3 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.
6.4 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.
6.5 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
7.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.
8. 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
W. WALTMAN STREET WATERLINE REPLACEMENT page 5 of 11
Project 10372.b
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.
9. 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
CONT'RAC'TOR
City of Meridian
Paul Construction
Purchasing Manager
Attn: Jim Paul
33 E Broadway Ave
P O Box 1117
Meridian, ID 83642
Meridian, ID 83680
208-888-4433
Phone: 208-466-2953
Email: plcnstrctn@cs.com
Idaho Public Works License #C -10495 -AA -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.
10. 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.
11. 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.
12. 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.
13. Discrimination Prohibited: 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.
W. WALTMAN STREET WATERLINE REPLACEMENT page 6 of 11
Project 10372.b
14.1 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.
14.2 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.
15. 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 relating to all matters covered by this Agreement.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
W. WALTMAN STREET WATERLINE REPLACEMENT page 7 of 11
Project 10372.b
21. 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.
22. 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.
23. Order of Precedence: The order or precedence shall be the contract agreement,
the Invitation for Bid document, then the winning bidders submitted bid document.
24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. In addition, the CITY will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by any such
release.
25. 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.
26. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE.
W. WALTMAN STREET WATERLINE REPLACEMENT page 8 of 11
Project 10372.b
SIGNATURE PAGE — W. Waltman Street Waterline Replacement Project 10372.b
CITY OF MERIDIAN
TAMMY de W D, YOR
Dated; - -_ / '-/
Approved by Council:
ing Manager
i,
'21111 1w, I
REN STEWART, Engineering Manager
Dated:: Dated::
r
W. WALTMAN STREET WATERLINE REPLACEMENT page 9 of 11
Project 10372.b
Attachment A
ALL ADDENDUMS9 ATTACHMENTS, AND EXHIBITS included
. A -d
in the
Invitation o Bid
Package PW -1 4-10372.b,
d
a part hereof.
W. WALTMAN STREET WATERLINE REPLACEMENT page 10 of 11
Project 10372.b
Attachment B
A. Total and complete compensation for this Agreement shall not exceed
$74,770.00.
MILESTONE DATES/SCHEDUL
Milestone 1 Substantial Completion 35 (thirty five) days
Milestone 2 Final Completion 45 (forty five) days
ICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
W. WALTMAN STREET WATERLINE REPLACEMENT per IFB PW -14-10372.b
Total- $74 ,770.01
�io F-11;�. T v,
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Item No.
ISPWC 2010.4.1.A.1
Descri tion
Mobilization/Demobilization
Quantity
1
Unit
Unit Price
ISPWC 307.4.1.G.1
Ty e "P" Surface Restoration
480
LS
SY
$3,100.00
$27.00
ISPWC 802.4.1.A.1
3�4" Minus Crushed Aggregate for
Base T e 1
160
CY
$19.00
ISPWC 307.4.1.A.7
Miscellaneous Surface Restoration
18
LF
$5.00
ISPWC 401.4.1.A.1
Water Pipe, 10"
653
LF
$37.00
ISPWC 401.4.1.13.1
10" 45 degree Bend
4
EA
ISPWC 402.4.1.A.1
$422.00
10" Gate Valve
3
EA
$2,877.00
ISPWC 403.4.1.A.1
Fire Hydrant Assembly
3
EA
$5,324.00
ISPWC 1003.4.1.C.1
Install Silt Fence
571
LF
$3.00
ISPWC 1006.4.1.C.1
Install Inlet Protection
2
EA
$100.00
ISPWC 1103.4.1.13.1
Traffic Control Signs
77
SF
$5.00
ISPWC 1103.4.1.C.1
Traffic Control Barricades Type 111
2
EA
$40.00
ISPWC 1103.4.1.G.1
Traffic Control Maintenance
4
DAY
$110.00
ISPWC 1103.4.1.H.1
Portable Tubular Markers
10
EA
$11.00
Bonds and Insurance
1
LS
$2,200.00
Travel expenses,
if applicable, Will be paid at
no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
W. WALTMAN STREET WATERLINE REPLACEMENT page 11 of 11
Project 10372.b
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NAS SURETY GROUP
North American Specialty Insurance Company
Washington international Insurance Company
North American Elite Insurance Company
KNOW ALL MEN BY THESE PRESENTS: That Paul Construction, Inc.
Bond No. 2182056
(Insert name and address, or legal title, of contractor)
P.O. Box 1117, Meridian, ID 83680 as Principal,
hereinafter called Contractor, and North American Specialty Insurance Company ,as Surety,
hereinafter called Surety, are held and firmly bound unto City of Meridian
(Insert name and address, or legal title, of owner)
33 E. Broadway Ave., Meridian, ID 83642 as Obligee, hereinafter called Owner in the
amount of_ Seventy Four Thousand Seven Hundred Seventy Dollars and 00/100
Dollars ($ 74,770,00 ) for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated May 6, 2014
entered into a Contract with Owner for W. Waltman Street Waterline Replacement
in accordance with drawings and specifications prepared by
(Insert full name and tltlo)
which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed
Owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and
conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract
between such bidder and Owner and make available as work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of
the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor
ceases work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs, executors, administrators or successors of Owner.
Signed, seated and dated April 22, 2014
Paul Co_ structi ,,Ano
Sy r /'- T
M
Rev VIM
North American Speciab insurance
1973
AAS
NAS SURETY GROUP
North American Specialty Insurance Company
Washington International Insurance Company
North American Elite Insurance Company
NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE
CANTRACL
Bond No.
KNOW ALL MEN BY THESE PRESENTS That Paul Construction, Inc.
2182056
(Here Insert the name and address, or legal title, of the contractor)
1117 Meridian ID 83680 as Principal,
hereinafter called Principal, and North American Specialty Insurance Company , as Surety,
hereinafter called Surety, are held and firmly bound City of Meridian
(Here insert the name and address, or legal title, or the owner)
33 E. BroadwaVAve., Meridian, ID 83642 , as Obligee,
hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
Seventy Four Thousand Seven Hundred SeventV Dollars and 00/100 Dollars ($74,770.00 ), for the
payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated May 6, 2014
entered into a Contract with Owner for W. Waltman Street Waterline Replacement
in accordance with drawings and specifications prepared by
(Here insert full name and title)
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be void; otherwise it shall remain In full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with the sub -contractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last
of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for
the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sums as may be justly due
claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suitor action shall be commenced hereunder by any claimant.
a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the
Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the
last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be
served in the state in which the aforesaid project is located, save that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Claimant ceased work on said Contract.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the
project, or any part thereof, is situated, and not elsewhere,
4. The amount of this bond shalt be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics liens which may be filed or record against said improvements,
whether or not claim for the amount of such lien be presented under and against this bond.
Signed, seated and dated April 22, 2014
2
By
Rev &1103
NAS SURETY GROUP
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 Manchester, New Hampshire, 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 Schaumburg,
Illinois each does hereby make, constitute and appoint: Brenda J. Smith
Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond:
Principal: Paul Construction, Inc. Bond Number: 2182056
Obligee: City of Meridian Bond Amount: See Bond Form
Bond Description: W, Waltman Street Waterline Replacement
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of:
FIFTY MILLION ($50,000,000) 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 9"' 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."
"'Noll ItItII q,,�
O
By
��0*' 1WNA(j4N�
RrsG
���yQ•.-&Po#q,.,r6.
s
even P. Anderson, Senior Vice President of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
tr�'L�'ejo
g; SEAL '
SEAL.•
=w`-,� 1973 a,:m-,oi
fd ''
BY
y '
A'AMPS �"k-
q� ••...... •• A ��
�bdNl'I"t���\§N
David M. Layman, Vice President of ashington International Insurance Company
& Vice President North American Specialty Insurance Company
of
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 25th day of May 2012.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 25th day of May 20 12 , 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 David M. Layman
Vice President of Washington International Insurance Company and 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.
"OFFICIAL SEAL"
DONNA D. SKLENS
Notary Public, State of Illinois
My Commission Expires 1 0106/2 0 15
2=0
Donna D. Sklens, Notary Public
I, Jeffrey Goldberg , 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 22nd day of April 2014
Ieff�y Goldherg, ii icY Frcsideni & �ssutant Se.tYtary of 1'/ahisr�ut Infrmatiatat insumnct Company &
Amimant Secrttary o€t Orth Arntritan Speeialty Inatanee Company
PAULCON-01 ACOPE
qL_r CERTIFICATE OF LIABILITY INSURANCEDATD/YYYY)
ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
4//22/222/2014
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 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
Boise Office
PayneWest Insurance, Inc.
960 Broadway Avenue Suite 100
CLAIMS -MADE X X CAP5191503
PHONE
42
) 4-2900 FAX No): (208) 424-2999
72DRLESS:
BOIS@, ID 83706
INSURER(S) AFFORDING COVERAGE NAIC #
500,000
INSURER A:Cincinnati Insurance Companies ^ 10677
occurrence)$
INSURED
INSURER B: Idaho State Insurance Fund
INSURERC:
Paul Construction, Inc.
P.O. Box 1117
INSURER D
Meridian, ID 83680
INSURER E:
GENERAL AGGREGATE $
INSURER F:
t'nvcDAe100 -- --.a.....--_--
2,000,000
1\LYIVIVI\ IV lJ1YI�G R,
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 A 5151L SUVA POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE POLICY NUMBER MM/DWYYYY MM/DDIYYYY
LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X X CAP5191503
EACH OCCURRENCE $
luF<ENI
1,000,000
I 1OCCUR 09/01/2013 09/01/2014
PREMISES
500,000
occurrence)$
MED EXP (Any one person) $
10,000
-
PERSONAL & ADV INJURY $
1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY N PECTRO-- [] LOC
GENERAL AGGREGATE $
2,000,000
PRODUCTS -COMP/OP AGG $
2,000,000
OTHER
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident} _ $
1,000,000
A
X
BODILY INJURY (Per person) $
ANY AUTO
CAP5191503
09/01/2013
09/01/2014
ALL OWNED SCHEDULED
BODILY INJURY (Per accident) $
AUTOS AUTOS
UOTOSWNED
HIREDAUTOS AL
PROPERTY DAMAGE $
Per accident
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $
2,000,000
A
X
EXCESS LIAR
CLAIMS -MADE
CAP5191503
09/01/2013
09/0112014
AGGREGATE $
2,000,000
DED RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS'
PER
X
LIABILITY
N
YIN
STATUTE
B
ERH-
E.L. EACH ACCIDENT $
500,000
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED? �
N / A
644349
03/05/2014
08/01/2014
(Mandatory In NH)
If yes, describe under
E.L. DISEASE - EA EMPLOYEEI S
500,000
E.L. DISEASE - POLICY LIMIT I $
500,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: W.Waltman Street Waterline Extension
FE
City of Meridian
Purchasing Department
33 E Broadway Ave Ste, 106
Meridian, ID 83642
ACORD 25 X2014101)
TION
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
W 1Wdb-2014 AGORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
F .a
..' a `"' i .. , ' !i GENERAL
! •rt
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Coverage: Begins on Page:
1, Employee Benefit Liability Coverage ............................................ . 2
2, Unintentional Failure to Disclose Hazards .................... ...... ...............•................................... 7
3. Damage to Premises Rented. to You ................... ..................................................... ,...,.,.,.,,,,•,......,....................,•,•....,., 8
4. Supplementary Payments................................................................................ 9
b. Medical Payments.. ..... .............................................,,.,.....,...,,,.,...,......,.. 9
6, Voluntary Property Damage (Coverage a.) and Care, Custody or Control
LiabilityCoverage (Coverage b.).................................................................................•.............,..,..,. 9
7. 180 Day Coverage for Newly Formedor Acquired Organizations ,,,,,,,,,,,,,,,,•....,,,,,,,,,,,,,,•,,,•,,.,•• ,,,10
8. Waiver of Subrogation .......... .....•„ .., .................__.............................. ..................,.. 10
9. Automatic Additional insured - Specified Relationshlps:„...............•,..............,.,..,,..,,,,,.,,,.,,.,,..,,...10
Managers or Lessors of Premises;
Lessor of Leased Equipment;
Vendors;
State or Political Subdivisions - Permits Relating to Premises;
State or Political Subdivisions - Permits; and
Contractors' Operations
10, Broadened Contractual Liability - Work Within 50' of Railroad Property..........................................14
11. Property Damage to Borrowed Equipment............................................•....,....,,,,,..•.........•............... 14
12. Employees as Insureds - Specified Health Care Services; ...............................................
14
Nurses;
Emergency Medical Technicians; and
Paramedics
13. Broadened Notice of Occurrence......................................................................................................14
S. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit: $ 3,000,000
Deductible: $ t,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations; or
b, $500,000 unless otherwise stated $
4. Supplementary Payments
a. Sail bands: $ 1,000
b, Loss of earnings: $ 360
5. Medical Payments
Medical Expense Limit: $ , 10,00(3
Indudes,v4yrighted material of Insurance
GA 233 02 07 Services Office, Inc., with Its permission, Page 1 of 15
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Uability Coverage
(Coverage b.)
Limits of Insurance (Each Occurrence)
Coverage a. $1,000
Coverage b. $5,000 unless otherwise stated $
Deductibles (Each Occurrence)
Coverage a. $250
Coverage b. $250 unless otherwise stated $
COVERAGE PREMIUM BASIS
RATE
ADVANCE PREIUM
a
b
Area
payroll
a: The following is added to SECTION 1
( For Limits in Excess of
(For Limits in Excess of
c)
Gross Sales
No other obligation or liabil-
$5,000 )
$5,000}
d
Units
(a) We will pay those sums that
unless explicitly provided for
the Insured becomes legally
e
other
ments.
ages caused by any act, er-
ror or omission of the in- (b)
This insurance applies to
b. Care, Custody
damages only if the act, er-
son for whose acts the in-
ror or omission, is ne
$
or Control
which this insurance ap-
"administration" of y our
plies. We will have the right
"em to ea benefit
P Y pro -
and duty to defend the in=
gram"; and
OrAl.
ANNUM- PREMIUM
However, we will have no
11. Property Damage to Borrowed Equipment
Each Occurrence Limit; $ 10,000
Deductible; $ 250
C. Coverages:
have used up the ap-
1. Employee Benefit Liability Coverage
plicable limit of insur-
ance in the payment of
a: The following is added to SECTION 1
judgments or settle -
COVERAGES: Employee Benefit
ments.
Liability Coverage:
No other obligation or liabil-
(1) Insuring Agreement
ity to pay sums or perform
acts or services is covered
(a) We will pay those sums that
unless explicitly provided for
the Insured becomes legally
under Supplementary Pay -
obligated to pay as dam-
ments.
ages caused by any act, er-
ror or omission of the in- (b)
This insurance applies to
sured, or of any other per-
damages only if the act, er-
son for whose acts the in-
ror or omission, is ne
shred is legally (fable, to
gently committed in thgeli-
which this insurance ap-
"administration" of y our
plies. We will have the right
"em to ea benefit
P Y pro -
and duty to defend the in=
gram"; and
sured against any "suit"
seeking those damages.
1) Occurs during the pol-
However, we will have no
icy period; or
duty to defend against any
2) Occurred prior to the
"suit"' seeking damages to
effective date of this.
which this insurance does
endorsement provided;
not apply. We: may, at our
discretion, investigate any
a) You did not have
report of an act, error or
knowledge of a
omission and settle any
claim or "suit" on
claim or "suit" that may re-
or before the ef-
sult. But:
fective date of this
endorsement,
1) The amount we will pay
for damages Is limited
You will be
as descried in SEC-
deemed to have
TION III - E. HITS OF
knowledge of a
INSURANCE; and
claim or "suit"
2) Our right and duty to
when any
"authorized repre-
defend ends when we
sentative";
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with Its permission.
Page 2 of 15
ij Reports all, or
formanco of Investment
any part, of the
vehicles; or
act, error or
Advertising Injury
omission to us
3) Advice given to any
or any other
person with respect to
Insurer;
that person's decision
ff) Receives
to participate or not, to
a
written or ver-
participate in any plan
included in the "gim-
bal demand or
ployee benefit pro-
claim for dam-
gram".
ages because
Dishonest, Fraudulent,
of the act, er-
(f) Workers' Compensation
ror or omis-
and Similar Laws
sion; and
Any claim arising out of
b) There is no other
your failure to comply with
applicable insur-
the mandatory provisions of
ance.
any workers' compensation,
(2) Exclusions
unemployment compensa-
tion insurance, social. secu-
This insurance does not apply
rity or disability benefits few
to:
or any similar law.
(a)
Bodily Injury, Property
Damage or Personal and
(g)
ERISA
Advertising Injury
Damages for which any in -
sured Is liable because of
"Bodily injury"property
liability imposed on a fiduci-
damaie" or "personal and:
advertising injury".
ary by the Employee Re -
tfrement Income Security
Act of 1974, as now or
(b)
Dishonest, Fraudulent,
hereafter amended, or by
Criminal or. Malicious Act
any similar federal, state or
local laws.
Damages arising out of any
intentional, dishonest,
(h)
Available Benefits
fraudulent, criminal or mali-
cious act, error or omission,
Any claim for benefits to the
committed by any insured,
including the willful ruck-
extent that such benefits
are available, with reason-
less violation of any statute.
st
able effort and cooperation
of the insured, from the ap-
(c)
Failure to Perform a Con-
plicable funds accrued or
tract
other collectible insurance.
Damages arising out of fail-
(i)
Taxes, Fines or Penalties
ure of performance of con-
tract by any insurer,
Taxes, fines or penalties,
including those imposed
(d)
Insufficiency of Funds
under the Internal Revenue
Code or any similar state or
Damages arising out of an
local law,
insufficiency of funds to
meet any obligations under
G?
Employment -Related
any plan included in the
Practices
"employee benefit pro-
gram".
Any liability arising out of
tY 9
any;
(e)
Inadequacy of Perform-
ance of Investment / Ad-
(�) Refusal to employ;
vice Given With Respect
to Participation
(2) Termination of em -
ployment;
Any claim based- upon;
(3) Coercion, demotion,
1) Failure of any invest-
ment to perform;
evaluation, reassign-
merit, discipline, defa-
mation, harassment,
2) Errors In providing in-
humiliation, discrimina-
formation on past per-
tion or other employ.
Includes copyrighted material of insurance
GA 233 02 07 Services office, Inc., with its permission. Page 3 of 15
ment•related practices,
(e) A trust, you are an insured,
acts or omissions; or
Your trustees are also in -
(4) Consequential liability
sureds, but only with ye-
spect to their duties as
as a result of (1), (2) or
trustees.
(3) above.
This exclusion applies
(2) Each of the following is also an
whether the insured may be
insured:
held liable as an. employer
(a) Each of your "employees"
or in any other capacity and
who is or was authorized to
to any obligation to share
administer your "employee
damages with or repay
benefit program",
someone else who must
pay damages because of
(b) Any persons, organizations
the Injury.
or "employees" having
(3) Supplementary Payments
proper temporary authon-
nation to administer your
SECTION I - COVERAGES,
"em * oee benefit program"
if you die, but only until your
SUPPLEMENTARY PAY-
MENTS - COVERAGES A AND
legal representative is ap-
8 also apply to this Coverage,
pointed.
b. Who is an Insured
(C) Your legal representative If
you die, but only with re -
As respects Employee Benefit Liabil-
spect to duties as such,
ity Covera 9,
e, SECTION fl - WHO iS
representative will
have
AN INSURED is deleted in its en-
all y and u
tirety and replaced by the following:
ties under this Coverage
Part.ge
(1) If you are designated in the
Declarations as:
(3) Any organization you newly ac-
quire or form, other than a part -
(a) An individual, you and your
nership, joint venture or limited
spouse are Insureds, but
liability company, and over
only with respect to the
which you maintain ownership
conduct of a business of
or majority interest, will qualify
which you are the sole
as a Named Insured if no other
owner,
similar insurance applies to that
(b) A partnership or joint von-
organization. However, cover -
age under this provision:
tore, you are an insured.
Your members, your part-
(a) Is afforded; only until the
ners, and their spouses are
180th day after you acquire
also insureds but only with
or form the organization or
respect to the conduct of
the end of thepolicy period,
your business.
whichever is earlier; and
(c) A limited liability company,
(b) Does not apply to any act,
you arean insured,. Your
error or omission that was
members arealso insureds,
committed before you ac -
but only with respect to the
quired or formed the or -
conduct of your business.
ganization.
Your managers are in.
sureds, but only with re-
c. ►;mics of Insurance
spect to their duties as your
managers,
As respects Employee Benefit Llabil-
ity Coverage, SECTION III W LIMITS
(d) An organization other than
OF INSURANCE is deleted in its en -
a partnership, oint venture
tirety and replaced by the following:
or limited liability company,
You are an Insured, Your
(1) The Limits of Insurance shown
executive officers" and di-
in Section B. I_irnits- of Insur-
ance, 1• Employee Benefit Li-
ors are insureds, but
rectoronly sit respect to their
ability Coverage and the rules
Julies your officers or di-
below fix the most we will pay
regardless of the number of:
rectors, Your stockholders
are also insureds, but only
(a) insureds;
with respect to their liability
as stockholders.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15
(b) Claims made or "suits"
(b) The deductible amount
brought;
stated in the Declarations
(c) Persons or organizations
applies to all damages
sustained by any one Dom -
making claims or bringing
"suits";
Ployee", including such
'employee's"
dependents
(d) Acts, errors or omissions; or
and beneficiaries, because
of all. acts, errors or omis-
(e) Benefits included in your
sions to which this Insur-
"employee benefit pro-
ance applies.
gram".
(c) The terms of this insurance,
(2) The aggregate Limit shown in
including those with respect
Section B. Limits of Insurance,
to:.
1. Employee Benefit Liability
Coverage of this endorsement
1) Our right and du to
Is the most we will pay for all
defend he
the Insured
damages because. of actser-
against "suits"
a,
eeking
or omissions negligently
s
those seeking
committed in. the "adrninistra-
ages -and
tion" of your "employee benefit
2) Your duties, and the
program .
duties of any other in -
(3) Subject to the limit described in
volved insured, in the
(2) above, the Each Employee
event of an act, error or
Limit shown in Section S. Limits
omission, or claim,
of Insurance, 1. Employee
Benefit Liability Coverage of
apply irrespective of the
this endorsement is the most we
application of the deduoUble
will pay for all damages sus-
tained by "employee",
amount,
any one
including damages sustained by
(d) We may pay any part or all
of the may
amount to
such "employee's" dependents
effect settlement of any
and beneficiaries, as a result of:
claim or. "suit" and, upon
- (a) An act, error or omission; or
notification of the action
taken, you shall promptly
(b) A series of related acts, or-
reimburse us for such part
rors or omissions, regard-
of the deductible amount as
less of the amount of time
we have paid.
that lapses between such
d. Additional Conditions -
acts, errors or omissions,
negligently committed in the
"administration"
As respects Employee Benefit Li -
ability Coverage, SECTION IV -
of your em-
ployee benefit program".
COMMERCIAL GMERAL UABIL-
ITY CONDITiONS Is amended as
However, the amount paid un-
follows:
der this endorsement shall. not
exceed, and will be subject to
(1) item 2, Duties in the Event of
the limits and restrictions that
Occurrence, Offense, Claim or
Suit is deleted in Its entirety and
apply to the payment of benefits
in any plan included in the em-
replaced by the following:
ployee benefit program".
2'. Duties in the Event of an Act, Error or
(4) Deductible Amount
Omission, or Claim or Suit
(a) Our obligation to pay dam-
a. You must see to it that we are noti-
fled as soon as practicable of an act,
ages on behalf of the In-
sured applies only to the
error or omission which may result in
amount of damages In ex-
a claim. To the extent possible; no -
lice should include:
cess of the deductible
amount stated In the Decla-
(1) What the act, error or omission
rations as applicable to
was and when It occurred; and.
Each Employee. The limits
of insurance shall not be
(2) The names and addresses of
reduced by the amount of
anyone who may suffer dam -
this deductiNe.
ages as a result of the act, error
or omission.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with Its permission. Page 5 of 15
b. If a claim is made or "suit" is brought
against any insured, you must:
(1) Immediately record the specifics
of the claim or "suit" and the
date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive
written notice of the claim or "suit" as
soon as practicable.
c. You and any other Involved insured
must:
(1) Immediately send us copies of
any demands, notices, sum-
monses or legal papers re-
ceived in connection with the
claim or "suit";
(2) Authorize us to obtain records
and other information;
(3) Cooperate with us in the investi-
gation or settlement of the claim
or defense against the "suit";
and
(4) Assist us, upon our request, in
the enforcement of any right
against any person or organlza-
tion which may be liable to the
Insured because of an act, error
or omission to which this Insur-
ance may also apply.
d. No insured will, except, at that in-
sured's own cost, voiuntariiy make a
payment, assume any obligation,_ or
Hour any expense without our con-
sent.
(2) item 5. Other Insurance is de-
leted In its entirety and replaced
by the following:
5.. Other Insurance
if other valid and collectible
insurance is available to the
insured for a loss we cover
under this Coverage Fart,
our obligations are limited
as follows:
a. Primary Insurance
This insurance is pri-
mary except when c.
below applies. If this
insurance Is primary,
our obligations are not
affected unless any of
the other insurance is
also primary. Then, we
will share with all that
other insurance by the
method described in b.
below.
b. Method of Sharing
If all of the. other insur-
ance permits contribu-
tion by equal shares,
we will follow this
method also. Under
this approach each in-
surer contributes equal
amounts until it has
paid its applicable limit.
of insurance or none of
the loss remains,
whichever comes first.
If any of the other in-
surance does not per-
mit contribution by
equal shares, we will
contribute by limits.
Under this method,
each insurer's share is
based on the ratio of its
applicable limit of In-
surance to the total ap-
plicable limits of insur-
ance of all insurers.
c. No Coverage
This insurance shall not
cover any loss for
which the Insured: is
entitled to recovery un-
der any other insur.
ance in force previous
to the effective date of
this Coverage Part.
e. Additional Definitions
As respects Employee Benefit Li-
ability Coverage, SECTION V -
DEFINITIONS is amended as fol-
lows:
(1) The following definitions are
added:
1. "Administration" means:
a. Providing information to
"employees including
their dependents and
beneficiaries, with re-
spect to eligibility for or
scope of "employee
benefit programs `;
b. Interpreting the "em-
ployee benefit pro-
grams";
C. Handlin.9 records in
connection with the
"employee benefit pro-
grams"; or
d. Effecting-, continuing or
terminating any "em-
ployee's" participation
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15
GA 233 Erg 07
In any benefit included
benefits workers' com-
in the "employee bene-
pensation and disability
fit program".
benefits; and
However, "administration"
d. Vacation plants, includ-
does not include
ing buy and sell pro -
a, Handling payroll de-
grams; leave of ab-
ducdons; or
sence programs, in-
ctudingg military, mater -
b, The failure to effect or
lituition n civil
maintain any Insurance
leave;
or adequate limits of
tance plans; transpor-
coverage of insurance,
talion and health club
including but not limited
subsidies,
to unemployment in-
surance, social security
(2) The following definitions are
benefits, workers' com-
deleted in their entirety and re -
placed by the following:
Eensation and disability
benefits,
21. "Suit" means a civil pro -
2. "Cafeteria plans" means
seeding in which money
damages because of an
EIan authorized by appiica-
le law to allow "employ-
act, error or omission to
ees" to elect to pay for cer-
which this insurance applies
are alleged. Suit includes:
tain benefits with pre-tax
dollars,
a. An arbitration pro-
d. "Employee benefit pro-
ceeding in which such
damages are claimed
grams" means a program
providing some or all of the
and to which the in -
following benefits to "or.
sated must submit yr
does submit with our
ployees", whether provided
consent;
through a cafeteria plan or
otherwise:
b. Any other alternative
a. Group life insurance;
dispute resolution pro -
seeding in which such
group accident or
health insurance; den-
damages are claimed
and to which the In -
cal, vision and hearing
plans; and flexible
sured submits with our
spending accounts;
consent; or
provided that no one
c. An appeal of a civil
other than an "em-
proceeding,
ployee" may subscribe
to such benefits and
8. "Employee" means a per -
such benefits are made
son actively employed, for -
generally available to
mercy employed, on leave
those "employees" who
of absence or disabled, or
satisfy the plan's eligi-
retired. "Employee" in-
bility requirements;
cludes a "leased worker",
b. Profit sharing plans,
"Employee" does not in -
clude a "temporary worker",
employee savings
plans, employee stock
2. Unintentional Failure to Disclose Haz-
ownership plans, pen-
ards
sub plans and stock
plans,
SECTION 1V - COMMERCIAL GENERAL
provided that
provided that no one
LIABILITY CONDITIONS, 7. Represen=
other than an "em-
tatlons is hereby amended by the addi-
ployee"� may subscribe
tion of the following:
a such benefits and
such benefits are made
Based on our dependence upon your
representations as to existing hazards, if
generally available to
all "employees" who
unintentionally you should fail to disclose
are eliglbls under the
all such hazards at the inception date of
your policy, we will not reject coverage
plan for such benefits;
under this Coverage Part based solely on
c, unemployment insur-
such failure.
ance, social security
Includes copyrighted material of Insurance
Services Office, Inc., with its permission. Page 7 of 15
I Damage to Premises Rented to You
e) Settling, cracking,
a. The last Subparagraph of Paragraph
shrinking or ex-
t. SECTION I - COVERAGES,
pension; or
COVERAGE A, d BODILY INJURY
f) Nesting or Infesta-
AND PROPERTY DAMAGE, 2. Ll-
ABILITY Exclusions is hereby de-
tion, or discharge
leted and replaced by the following:
or release of
waste products or
Exclusions c. through q. do not apply
secretions, by in.-
sects, birds, ro-
to damage by fire, explosion, light-
ning, smoke or soot to premises
dents or other
while rented to you or temporarily
animals.
occupied by you with permission of
(b) Loss caused directly or indl-
the owner.
rectly by any of the follow -
b. The insurance provided under SEC-
Ing:
TiON I - COVERAGES, COVERAGE
1) Earthquake, volcanic
A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY applies
"property
eruption, landslide or
any other earth move -
to damage" arising out of
ment;
water damage to promises that are
both rented to and occupied by you.
2) Water that backs up or
(1) As respects Water Damage Le-
overflows from a
sewer, drain or sump;
gal Liability, as provided in
Paragraph 3.b, above:
3} Water under the
The exclusions under SECTIONground
surface press-
ing on, or flowingor
I- COVERAGES, COVERAGE
seeping through:
A. BODILY INJURY AND
PROPERTY DAMAGE LIASIL-
a) Foundations,
iTY, 2. Exclusions, other than f.
walls, floors or
War and the Nuclear Energy
paved surfaces;
Liability Exclusion, are deleted
and the following are added:
b) Basements,
whether paved or
This Insurance does not apply
not; or
to;
c) Doors, windows or
(a) "Property damage":
other openings.
1) Assumed in any con-
(c) Loss caused by or resulting
tract; or
from water that leaks or
2) Loss caused by or re-
flows from plumbing, heat -
ing, air conditioning, or fire
suiting from any of the
protection systems caused
following_:
by or resulting from freez-
a) Wear and tear;
Ing, unless:
b) Rust, corrosion,
1) You did your best to
maintain heat in the
fungus, decay,
deterioration, hid-
building or structure; or
den or latent de-
2) You drained the
fact or any quality
equipment and shut off
in property that
the water supply if the
causes it to dam-
age or destroy it-
heat was not main -
tained.
self;
(d) Loss to or damage to:
c) smog;
d) Mechanical
1) Plumbing, heating, air
conditioning, fire pro -
breakdown In-
cluding rupture or
tection systems, or
other equipment or ap-
bursting caused
pliances; or
by centrifugal
force;
2) The interior of any
building or structure, or
to personal property in
the building or structure
includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. page a of Is
caused by or resulting
from rain, snow, sleet
or Ice, whether driven
by wind or not.
c. Limit of Insurance
The Damage to Premises Rented to
You Limit as shown in the Declara-
tions is amended as follows:
(2) ParaLIMITS OF
. III OFINSURANCE is
hereby deleted and replaced by
the following:
6. Subject to S. above, the
Damage to Premises
Rented to You Limit Is the
most we will pay under
COVERAGE A. BODILY
INJURY AND PROPERTY
DAMAGE LIABILITY, for
damages because of
"property damage" to
premises while rented to
you or temporarily occupied
by you with permission of
the owner, arising out of
any one "occurrence" to
which this insurance ap-
plies.
(3) The amount we will pay is lim-
ited as described in Section B.
1 Limits of Insurance, 3. Dam-
age to Promises Rented. to
You of this endorsement.
4. Supplementary Payments
Under SECTION I - COVERAGE, SUP-
PLEMENTARY PAYMENTS - COVER-
AGrES A AND B:
a. Paragraph 2. Is replaced by the fol-
lowing:.
Up to the limit shown in Section B.
Limits of insurance, 4.a. Bail Bonds
of this endorsement for cost of bail
bonds required because of accidents
or traffic law violations arising_ out of
the use of any vehicle to which the
Bodily Injury Liability Coverage ap-
plies. We do not have to fumish
these bonds.
b. Paragraph 4. is replaced by the fol-
lowing:
A11 reasonable expenses Incurred by
the insured at our request to assist
us In the investigation or defense of
the claim or "suit", including. actual
loss of earnings up to the limit shown
fn Section B. Limits of Insurance,
4.b. Loss of Earnings of this en-
dorsement per day because of time
Off from work.
5. Medical Payments
The Medical Expense Limit of Any One
Person as stated in the Declarations is
amended to the limit shown in Section B.
Limits of Insurance, S. Medical Pay-
ments of this endorsement
6. Voluntary Property Damage and Care,
Custody or Controi Liability Coverage
a. Voluntary Properly Damage Cov-
erage
We will pay for "property damage" to
property o others arising out of opp-
erations incidental to the insured's
business when:
(1) Damage is caused by the in-
sured; or
(2) Damage occurs while in the in-
sured's possession.
With your consent, we will make
these payments regardless of fault.
b. Care, Custody or Controf Liability
Coverage
SECTION I - COVERAGES, COV-
ERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2.
Exclusions, J. Damage to Properttyy,
Subparagraphs (3), (4) and (5) do
not apply to "property damage" to
the property of others described
therein,
With respect to the insurance provided byy
this section of the endorsement, the fol-
lowing additional provisions apply:
a. The Limits of Insurance shown in the
Declarations are replaced by the lim-
its designated in Section B. Limits of
Insurance, 6. Voluntary Property
Damage and Care, Custody or
Control Liability Coverage of this
endorsement. with respect to cover-
age provided by this endorsement.
These limits are inclusive of and not
in addition to the limits being re-
placed. The Limits of Insurance
shown in Section B. Limits of Insur-
ance, 6. Voluntary Property Dam-
e abiand Care, Custody or Control
lility Coverage of this endorse-
ment fix the most we will pay in any
one 'occurrence" regardless of the
number of:
(1) insureds;
(2) Claims made or "suits" brought;
or
(3) Persons or organizations mak-
Ing claims or bringing "suits".
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15
b. Deductible Clause
(1) Our obligation to pay damages
on your behalf applies only to
the amount of damages for each
"occurrence" which are in ex-
cess of the deductible amount
stated in Section B. Limits of
Insurance, 6. Voluntary Prop-
erty Damage and Care, Cus-
tody or Control Liability Cov-
erage of this endorsement. The
limits of insurance will not be re-
duced_ by the application of such
deductible amount.
(2) Condition 2. Duties in the Event
of Occurrence, Offense, Claim
or Suit, applies to each claim or
"suit" irrespective of the amount.
(3) We may pay any part or all of
the deductible amount to affect
settlement of any claim or "suit"
and, upon notification of the ac-
tion taken, you shall promptly
reimburse us for such part of the
deductible amount as has been
paid by us.
7. 180 Day Coverage for Newly Formed or
Acquired Organizations
SEC`nON ll - WHO IS AN INSURED is
amended as follows:
Subparagraph a. of paragraph a, is
hereby deleted and replaced by the fol-
lowing:
a. insurance under this provision is af-
forded only until the 180th day after
you acquire or form the organization
or the and of the policy period,
whichever Is earlier;
8. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS,. 9. Transfer of
Rights of Recovery Against Others to
Us Is hereby amended by the addition of
the following:
We waive any right of recovery we may
have because of payments we make for
injury or damage arising out of your on-
going operations or "your work" done un-
der a written contract requiring such
waiver with that person or organization
and included in the "products -completed.
operations hazard". However, our rights
may only be waived prior to the "occur-
rence" giving rise to the injury or damage
for which we make payment under this
Coverage Part. The insured must do
nothing after a toss to impair our rights,
At our request, the insured will bring "suit'
or transfer those rights to us and help us
enforce those rights.
9. Automatic Additional Insured - Speci-
fied Relationships
a, The following is hereby added to
SECTION ti - WHO IS AN INSURED:
(1) Any person or organization do-
scribed- in Paragraph 9.a.(2)
below (hereinafter referred to as
additional insured) whom you
are required to add as an addi-
tional insured under this Cover-
age Part by reason of:
(a)
A written contraot or
agreement; or
(b)
An oral agreement or con-
tract where a certificate of
insurance showing that per-
son or organization as an
additional insured has been
issued,
is an
Insured, provided:
(a)
The written or oral contract
or agreement is, -
s:1)
1)Currently in effect or
becomes effective
during the policy pe-
riod; and
2) Executed prior to an
"occurrence" or offense
to which this insurance
would: apply; and
(b)
They are not specifically
named as an additional in-
sured under any other pro-
vision of, or endorsement
added to, this Coverage
Part.
(2) Only the following persons or
organizations are additional In-
sureds under this endorsement,
and insurance coverage pro-
vided to such additional in-
sureds is limited as provided
herein:
(a) The manager or lessor of a
premises leased to you with
whom- you have agreed per
Paragraph 9..a.(1) above to
provide insurance, but only
with respect to liability aris-
ing out of the ownership,
maintenance or use of that
part of a premises leased to
you: subject to the following
additional. exclusions:
This insurance does not
apply to:
1) Any "occurrence"
which takes place after
Includes copyrighted material of Insurance
GA 233 02 07 Services office, Inc., with its permission. Page 10 of 15
you cease to be a ten-
c)
Any physical or
ant in that premises.
chemical change
2) Structural alterations,
in the product
made intentionallyby
new construction or
demolition operations
the vendor;
performed by or on be-
d)
Repackaging, un-
half of such additional
less unpacked
insured.
solely for the pur-
(b) Any person or organization
pose of inspection,
demonstration,
from which you lease
equipment with whom you
testing, or the
have agreed per Paragraph
substitution of
parts under in-
9.a.(1) above to provide In-
structions from the
surance. Such person(s) or
organization(s) are insureds
manufacturer, and
solely with respect to their
then repackaged
In the original
liability arising out of the
container;
maintenance, operation or
use by you of equipment
6)
Any failure to
leased to you by such per-
son(s) or organizations(s).
make such in-
spections, adjust-
However, this Insurance
ments, tests or
does not apply to any "oc-
servicing as the
currence" which takes place
vendor has
after the equipment fease
agreed to make or
expires.
normally under-
(c) Any person or organization
takes to make in
the usual courseof
(referred to below as ven-
business, In
dor) wikh whom per you have
agreed Paragraoh
connection with
9.a.(1) above to provide in-
the distribution or
sale of the prod-
s.urance, but only with re-
' "bodily
acts;
spect to injury" or
"property damage" arising
f)
Demonstration, in-
out of "your products" which
stallation, servic-
' are distributed or sold In the
ing or repair op-
regular course of the von-
orations, except
dors business, subject to
such operations
the following adonal. ex-
performed at the
clusions:
vendor's premises
1} The insurance afforded
in connection with
the sale of the
the vendor does not
product;
apply to:
a) 'Bodily injury" or
g)
Products which,
aftesale di tion or
"property damage"
for which the ven-
you have
dor Is obligated to
been labeled
ld or
relabeled l used
pay damages by
reason of the as-
as a container,
part or Ingredient
ity insumc of lct or
a contracts
of any other thing
ae
agreement. This
or substance by or
for the vendor.
exclusion does not
apply to liability for
2) This
insurance does
damages that the
not
apply to any in-
vendor would
have in the ab-
sured person or or-
ganization:
sence of the con-
tract or agree-
a)
From whom. you
ment,
have acquired
such products, or
b) Any express war-
any ingredient,
ranty unauthorized
part or container,
by you;
entering Into, ac.
includes copyrighted material of Insurance
GA 233 02 07 Services Offru�, Inc., with Its permission.
Page 1 # offs
GA 233 Q2 07
cornpanying or
2) This- insurance does
containing such
not apply to "bodily in-
products; or
jury", "property dam-
b) When liability in-
clu:ded within the
age" or "personal and
advertising injury" aris-
" products-
completed opera-
Ing out of operations
performed for the state
tions hazard has
or political subdivision.
been excluded
(f} Any person or organization
under this Cover.
with which you have agreed
age part with re-
per Paragraph 9.a.(1)
spect to such
above to provide insurance,
products.
but only with respect to I!-
(d) Any state or political e
work" performed for that ability arising out of "your
vision with which you.. have
agreed per Paragraph
additional insured by you or
above tc provide m-
on your behalf. A person or
suraes)
urance, subject the fol=
organization's status as an
insured under this provision
towing additional provision:
of this endorsement contin-
This Insurance applies only
ues for only the period of
with respect to the following
time required by the written
hazards for which the state
contract or agreement, but
or political subdivision has
In no event beyond the ex-
issued a permit In connec-
piration date of this Cover-
tion with premises you own,
age Part, if there is no
rent or control and to which
written contract or agree-
this insurance applies:
ment, or if no period of time
is required by the written
1) The existence, mainte-
contract or agreement, a
nance, repair, con-
person or organization's
strucdon, erection, or
status as an insured under
removal of advertising
this endorsement ends
signs, awnings, cano-
when your operations for
pies, cellar entrances,
that insured are completed.,
coal holes, driveways,
manholes, marquees,
(3) Any Insurance provided to an
hoist away openings,
additional insured designated
sidewalk vaults, street
under Paragraph 9.a.(2):
banners, or decora-
tions and similar expo-
(a) Subparagraphs (e) and (f}
"bodily
sures; or
does not apply to
injury" or "property damage"
2) The construction, erec-
included within the "prod-
tion, or removal of ele-
ucts-completed operations
vators; or
hazard";
3) The ownership, main-
(b) Subparagraphs (a), (b), (d),
tenance, or use of any
(e) and (f) does not apply to
elevators covered by
bodily injury", "property
thisinsurance.
damage" or "personal and
(e) Any state or political subdi-
advertising injury" arising
out of the sole negligence
vision with which you have
or willful misconduct of the
agreed per Paragraph
additional insured or their
9.a.(1) above to provide in-
agents, "employees" or any
surance, subject to the fol-
other representative of the
lowing provisions:
additional insured; or
1) This Insurance applies (c) Subparagraph (t) does not
only with respect to op- apply to "bodily injury",
erations performed by "property damage" or "per -
you or on your behalf sonal and advertising injury"
for which the state or arising out of,
political subdivision has ) g
Defects in. design fur-
nished
a permit. ( nished by or on behalf
Includes copyrighted material of Insurance
Services Office, Inc., with its permission. Page 12- of 15
of the additional in-
spects any other insurance
sured; or
policy Issued to the add! -
2) The rendering of, or
tranal insured, and such
other insurance policy shall
failure to render, any
professional architec-
be excess and / or noncon-
turaf, engineering or
tributing, whichever applies,
with this Insurance.
surveying services, in-
cluding:
(b) Any insurance provided by
a) The preparing,
this endorsement shall be
primary to other insurance
approving or fait-
Ing to
available to the additional
prepare or
insured except:
approve maps,
shop drawings,
1) As otherwise provided
opinions, reports,
in SECTION IV -
surveys, field or-
COMMERCIAL GEN-
ders, change or-
ERAL LIABILITY
ders or drawings
CONDITIONS, 6. Other
and specifications;
Insurance, b. Excess
and
Insurance; or
b) Supervisory, in-
2) For any other valid and
spection, archi-
collectible insurance
tectural or engi-
available to the addi-
neering activities.
tional insured as an
3) "Your work" for which a
additional insured by
attachment of an en -
consolidated (wrap-up)
insurance program has
dorsement to another
been provided by the
insurance policy that is
primecontractor-project
written on an excess
basis. In such case,
manager or owner of
the construction project
the coverage providedunder
in which you are in-
this endorse -
ment shall also be ex -
valved,
cess.
b. Only with regard to Insurance pro- (2)
Condition 11. Conformance to
vided to an additional insured desig-
nated under Paragraph 9.a.(2 Sub-
Specific Written Contract or
(# above, SECTION I -
LIMITS OF INSURANCE is
Agreement Is hereby added:paragraph
amended
11. Conformance to Specific
to include:
Written Contract or
The limits applicable to the additional
Agreement
Insured are those specified in the
With respect to additional
written contract or agreement or in
insureds described in Para -
the Declarations of this Coverage
graph 9.a.(2)(f) above only:
Part, whichever are less. If no limits
are specified in the written contract
If a written contract or
or agreement, or if there is no written
agreement between you
contract or agreement, the limits ap-
and the additional insured
to the additional Insured are
lose
specifies that coverage for
those specified in the Declarations of
the additional insured:
this Coverage Part. The limits of in-
surance are inclusive of and not in
a. Be provided b the in-
addition to the limits of insurance
shown in the Declarations.
surance Services Of -
fice additional insured
form number CG 20 10
c. SECTION IV - COMMERCIAL GEN-
or CG 20 37 (where
ERAL LIABILITY CONDITIONS is
edition specified); or
hereby amended as follows:
b, Include coverage for
(i.) Condition 6. Other Insurance Is
completed operations;
amended to Include:
or
(a) Where required by a written
c. Include coverage for
contract or agreement, this
"your work";
Insurance is primary and /
and where the limits or cov-
erage provided to the add! -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, tne., with its permission,
Page 13 0 15
tional insured is more re-
strio0e than was specifi-
cally required in that written
contract or agreement, the
terms of Paragraphs
9.a.(3)(a), 9.a.(3)(b) or 9.b,
above, or any combination
thereof, shall be interpreted
as providing the limits or
coverage required by the
terms of the written contract
or agreement, but only to
the extent that -such limits or
coverage is included within
the terms of the Coverage
Part to which this endorse-
ment is attached, if, how-
ever, the written contract. or
agreement specifies the In-
surance Services Office
additional insured. form
number CG 20 10 but does
not specify which edition, or
specifies an edition that
does not exist, Paragraphs
9.a.(3)(a) and 9.a.(3)(b) of
Ibis endorsement shall not
apply and Paragraph 9.b. of
this endorsement shall ap-
ply.
10. Broadened Contractual Liability - Work
Within 50' of Railroad Property
It is hereby agreed that Paragraph L(y) of
Definition 12. "Insured contract" (SEC-
TION V - DEFINITiONS) is deleted,
11. Property Damage to Borrowed Equip-
ment
a. The following is hereby added to Ex-
clusion j. Damage to Property of
Paragraph 2., Exclusions of SEC-
TiON I - COVERAGES, COVERAGE
A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY:
Paragraphs (3) and (4) of this exclu-
sion do not apply to tools or equip-
ment loaned to you, provided they
are not being used to perform opera-
tions at the time of loss.
b. With respect to the insurance pro-
vided by this section of the en-
dorsement, the following additional
provisions apply:
(1) The Limits of insurance shown
in the Declarations are replaced
by the limits des[hated In Sec-
tion. B. Limits of insurance, 11,
of this endorsement with respect
to coverage provided by this
endorsement, These limits are
Inclusive of and not in addition to
the limits being replaced. The
Limits of Insurance shown in
Section B. Limits of Insurance,
11. of this endorsement fix the
most we will pay in any one "oc-
currence" regardless of the
number of:
(a) Insureds;
(b) Claims made or "suits"
brought; or
(c) Persons or organizations
making claims or bring
suits .
(2) Deductible Clause
(a) Our obligation to pay dam-
ages on your behalf applies
only to the amount of dam.
ages for each "occurrence"
which are in excess of the
Deductible amount stated in
Section B'Limits of Insur-
ance, 11. of this endorse-
ment. The limits of insur-
ance will not be reduced by
the application of such De-
ductible amount.
(b) Condition 2. Duties in the
Event of Occurrence, Of-
fense, Claim or Suit, ap-
piies to each claim or "suit"
irrespective of the 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
has been paid by us.
12. Employees as Insureds - Specified
Health Care Services
It Is hereby agreed that Paragraph
2.a.(1}(d) of SECTION Ii - WHO IS AN
INSU ED, does not appl to your "em-
ployees" who provide professional. health
care services on your behalf as duly li-
censed:
a. Nurses;
b. Emergency Medical Technicians; or
c. Paramedics,
in the jurisdiction where an "occurrence"
or offense to which this insurance applies
takes place,
13. Broadened Notice of Occurrence
Paragraph a. of Condition 2, Duties in
the Event of Occurrence, Offense,
Claim or Suit (SECTION IV - COMMER-
CIAL GENERAL LIABILITY CONDI-
Includes copyrighted material of insurance
GA 233 02 07 Services Office, Inc,, with its permission. Page 14 of 15
TIONS) is hereby deleted and replaced (2) The names and addresses of
by the following: any injured persons and wit-
a, Y04 must see to it that we are noti- nesses; and
fled as soon as practicable of an (3) The nature and location of any
"occurrence" or an offense which Injury or damagearising out of
may result in a claim. To the extent the occurrence or offense.
possible, notice should include:
This requirement applies only when
(1) }how, when and where the "oc- the "occurrence" or offense isknown
currence" or offense took place; to an "authorized representative".
Includes copyrighted material of insurance
GAS. 233 02 07 Services Office, Inc., with its permission, page 16 of 15
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Company Name License Number Work Cateclory(s)
Paul Construction, Inc. PWC -C-10495 02319, 02850, 03300, 02310, 02740, 02500, 02855, 03900, 02220
First PrevPage: 1 of 1Pleat La s t
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Details - License Number: PWC -C-10495 -
Lic Info
Registration#: PWC -C-10495
Issue: 2/6/2014
Expire: 1/31/2015
Type: PUBLIC WORKS
Sub -Type: AA
Status: ACTIVE
Comp/Name: Paul Construction, Inc.
Addressl : PO Box 1117
City, State, Zip: MERIDIAN, ID 83680
Phone: (208) 466-2953
Cell: (208) 890-0805
Pager:
Fax: (208) 465-9013
Owner Name:
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4
IDAHO SECRETARY OF STATEBusinessViewing
Ben Ysursa, Secretary of State
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[ Get a certificate of existence for PAUL CONSTRUCTION INC. ]
PO BOX 1117
MERIDIAN, ID 83680
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING, 2ND AR NOTICE SENT 08 Jan
2014
State of Origin: IDAHO
Date of 27 Dec 1999
Origination/Authorization:
Initial Registered Agent: JAMES L PAUL
16429 MCDERMOTT RD
NAMPA, ID 83680
Organizational ID / Filing C131869
Number:
Number of Authorized Stock 100
Shares:
Date of Last Annual Report: 13 Jan 2014
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Report for year 2002 ANNUAL
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