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CONSTRUCTION AGREEMENT SCADA REPLACEMENT PROJECT BETWEEN CITY OF MOSCOW, IDAHO AND SSC ELECTRIC, INC. DBA STROM ELECTRIC THIS CONSTRUCTION AGREEMENT SCADA REPLACEMENT PROJECT BETWEEN CITY OF MOSCOW, IDAHO AND SSC ELECTRIC, INC. DBA STROM ELECTRIC (hereinafter "Agreement"), dated this day of eu.!f , 2017, by and between the City ofMoscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83 843 (hereinafter "City"), and SSC Electric, Inc. dba Strom Electric, P 0 Box 370, Troy, Idaho, 83871 (hereinafter "Contractor"); W I T N E S S E T H: WHEREAS, pursuant to the invitation of City through a "Solicitation For Bids", Contractor submitted a proposal containing an offer invited by said notice; and WHEREAS, City has determined that said offer was the lowest responsive bid; and WHEREAS, City has accepted Contractor's bid; NOW THEREFORE, the Parties to this Agreement, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City and Contractor concerning the work to be performed are this Agreement, pages One through Five ( 1 through and the following: 1. Advertisement for Bids; 2. Project Specifications titled: SCADA Replacement Project City of Moscow Project No. 1 17-0 16 3. Bid/Proposal of Contractor, dated July 18, 20 17, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. No Addendum issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Contract Documents other than those listed in Article 1. This Agreement may only be amended by change order as provided in the General Conditions. SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC PAGE 1OF14 2.Dl7-D57 ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated, and required under the Contract Documents for City project (hereinafter "Project") titled: "SCADA Replacement Project" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall be substantially completed on or before one hundred eighty ( 180) calendar days from the commencement of work. All work shall be completed within this described time frame unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM City shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds in an amount not to exceed Three Hundred Fifty Seven Thousand Dollars ($357,000) for Base Bid, as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of Three Hundred Fifty Seven Thousand Dollars ($357,000) unless otherwise authorized by City. Any such increase in work shall be compensated in accordance with pricing terms specified in bid documents. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The Parties warrant by their signature that no employer-employee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the Parties hereto that Contractor is an independent contractor and, as such, neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE6. SCOPE OF SERVICES Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this Project. ARTICLE7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted City by the Contract Documents, Contractor shall indemnify and hold harmless the City, its officers, employees, and engineers, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC PAGE2 OF 14 ---PAGE BREAK--- prope1ty on account of the operations of Contractor or its subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of Contractor or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Project which would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and City. ARTICLE 9. ENTffiE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement and the exhibits hereto (if any) contain the entire agreement between the Parties, and no statements, promises, or inducements made by either Party, or agents of either Party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the Parties hereto. Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of City. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and hold harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by Contractor, Contractor's employees, or its subcontractors. ARTICLE 1 1. LEGAL FEES In the event either Party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing Party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. OBA STROM ELECTRIC PAGE30F 14 ---PAGE BREAK--- ARTICLE 12. JURISDICTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. ARTICLE 13. SPECIAL WARRANTY Contractor declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Agreement. Any such activity by Contractor shall make this Agreement null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the Parties at the following address: Contractor: SSC Electric, Inc. dba Strom Electric P 0 Box 370 Troy, Idaho 83871 ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. Contractor: SSC Electric, Inc. dba Strom Electric By: c e S --ty eu- 11111111,,,,, 11.acKl.1 A• 111'" c cuz:.-Je>-ry h. • α r· 'VAūŬ ' ˣ . Ŧ ftl°/=o-fAR> \ \ = i . • : 5 = : : = ף פ d : ! · a : ΰ ŧ r-uu ˡ ע נ ס ˢ ŭ ũ0'1"11!' c SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC City: City of Moscow, Idaho Bill Lambert, Mayor rk 4fY Approved As To Form: cJ_Qf Roderick Hall, City Attorney PAGE4OF14 ---PAGE BREAK--- STATE OF IDAHO County of Laik h ACKNOWLEDGMENT ) ) : ) On this day of Av.su.}f- , 2017, before me, the undersigned, a Notary in and for said State, personally appeared la.""c:c "tyc=..r , known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he/she executed the same in his/her capacity as XCdr b for SSC Electric, Inc. dba Strom Electric. BIU.HOWAAO NOTARY PUBLIC STATE OF IDAHO SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC Notary Public residing at: My commission expires: C'JIJ;<,!3 I PAGE 5 OF 14 ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for SCADA REPLACEMENT PROJECT, (hereinafter "Project"), specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. I . All Project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he/she has received or made himself/herself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may-be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that CITY shall have the right to accept or reject any bid which rejection or acceptance is deemed to be i the best interest of CITY. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. OBA STROM ELECTRIC PAGE60F 14 ---PAGE BREAK--- 8. The undersigned, as a bidder, acknowledges that Addenda Number f{otll through have been delivered to him/her and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho Public Work's License Number 0 22 '1'1 S-/fA 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB-16: Subcontractors Trade Specialtv Idaho Public Works License No. $Amount Lr.c J Si.1troM r:;.lcdv'lt 6/u;h1'5A 02249f-t414-j I ow,-oo "(o.S .J I :LO I I b-ŰűŲųŴŵŶŷŸŹźŻżŽžſ 12. The undersigned has included with the qid the following forms and information: a. Bid Proposal b. Work Experience - See IB-7 13. The undersigned proposes to furnish labor, materials, equipment and services ofaO kinds required for SCADA REPLACEMENT PROJECT as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. OBA STROM ELECTRIC PAGE 7 OF 14 ---PAGE BREAK--- BID SCHEDULE SCADA REPLACEMENT PROJECT Item Item Description No. 1. SCADA Replacement SEAL (if incorporated) Dated at Vvs T l'VJ' IO ThisJ_ţdayof ,Tuly ,2017 SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC Quantity lY!!! Unit Price Total Price 1LS $ 3S'7, a;;O. (JO $ OGO . C10 Bid Total s Signature of Bidder , oou, 00 I - lbr6ot g/o Tm;1ID Bidders Mailing Address 022'i C/S-J1ft Public Works License No. State of Incorporation if Incorporated PAGE8OF 14 ---PAGE BREAK--- Bid Bond CONTRACTOR: (Nmm:, fegtrf ,\'/trf/IN tmd Strom Electric PO Box 370 Troy, ID 83871 OWNER: (Nnmi:, ft1gnl status n11d address) City of Moscow 206 E. Third St. Moscow, ID 83843 BOND AMOUNT: $ 5% PROJECT: Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 31 D SURETY: (Nt111111, /egtrf tmd 111i11clpul qfbm/1111.l'.I'} Travelers Casually and Surety Company of America One Tower Square Hartford, CT 06183 Five Percent of Amount Bid This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall bo considered plural where applicable. (Namc, locat/011 or addr.:ss, a11d /'roj11r:t 11rm1bcr. if 1111;ˠ SCADA Replacement Project The Conlractor and Surety arc bound to the Owner in the amount set for1h above. for the payment of which the and Surety bind themselves. their heirs, executors, administrators, successors and assisns, jointly and severally, ns provided herein. Tho conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within tho time specified in the bid documents, or within such time period as may bo agreed to by the Owner and Contractor, and tho Contractor cithor enters inlo a conlract with lhc Owner in with the terms of such bid, and gh•cs sneh bond or bonds us may be specitied in lhe bidding or Contract l.)oc11111enls, with a surety admitted in the jurisdiction oflhe Project nnd otherwise to the Owner, for the faithful of such Contract and for tho prompt pay111c11t of labor and 111atcri11l l'umished in the prosecution thereof; or pays to the Owner lhe ditlerence, nol to exceed the nmounl of this !fond, between the amount specified in said bid a11d such larger a11101111t for which the Owner may in good faith contract with another 11urly to the '"'rk co\'ered hy suid bid, then this obligution shull be null und void, otherwise to remain in full force und ellecl, The Surely hereby waives uny notico of un ugreemenl between the Owner und Conlructor lo extend the lime in which lhc Owner muy uccept the bid. Wui1·cr or no lice by tho Surely shull nnl upply to uny e:dension exceeding sixty (60) doys in the uggregute beyond the time lhr ucceplunce ul'bids specilied in lhe bid documents, und the 01mer um! Cn11tructor shull ohtui111he Surety's consenl l'nr un e&lensio11 beyond sixty (60) duys. ff this Bond is issued in connection 1i1h 11 subcontractor's bid to a Contractor. the tcnn Contractor in this Bond shall be deemed to be Snbeontroctor and the term Owner shall be deemed to be Contractor. When this Doud hus been lilrnished to comply wilh u slututory or other legul rcquiremenl in the locution ni'lhe Project, uny provision in this flond conlliclin11 with suid stululol)' or le11ul requiremenl shull be Jeemed deleted herel'rmn and pm1•isions conl'unning lo such slututory or other legul requirement shull be deemed incorporuted herein. When so li1mished, the intent is Lhut this flond shull he construed usu slolulol)' bond und not usu common law bond. Signed nnd scĮlcd this 18th day of July, 2017 " . ' I , ( I 'f tll'l111us.') Judith A Rapp S-0054/AS 8110 SCAD A REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC Strom Electric f Prl11r:ip111) (Simi) By:cLv ; Travelers Casually and Surely Company of America (Smwy) (.'iuul B · , · • . I Y: ί , It, • '·Ii , ru (T1 .fii1 Ţ)Judith c. Kaiser-Smilh Alt..Jrnf:y-in-Fact PAGE90F 14 ---PAGE BREAK--- WARNINGo THIS POWER OF ATIORNEY IS INVALID WfniOIJT THE REO BORDER POWER 01<' ATTORNEY TRAVELERS.J Allorney-ln Fact No. Farmington Casualty Company Fidelity Ĝnd Guurunty Immruncc Company Fidelity and Guaranty Insurance Undl•nnlters, Inc. Sl. Paul Fire ond Marine Insurance Comp11ny St. Paul Guardian Insurance Company 231661 St. Paul Mercury lruur1mce Company Travelers Casualty and Surety Company Travelers Casualty and Surely Company of America United States Fidelity and Guaranty Company Nu. Q Q 712 9 5 3 5 KNOW ALL MEN BY THESE PRέ;SENTS: That carmington Co. ή-idelity and Guaranty Company On this the 201h day of February 2017 before me personally appeared Roben L. Raney. who acknowledged himself 10 be the Seoirn Vice President of Fidelity and Guaranry Jm;urnm:e Company, Fidelity and Guaranty Insurance Underwl"ilers, Jnc., St. Paul Fire zind Marine Insurance Company, St. Paul Guardicm Tnsur::rncc Company, St. Pnul Mercury £nsurance Compuny, Travelers Casualty 110d Surely Company, Travelers Casually and Suret)' Company of An1eric11, am.I Uni led riddity ant.I Guaranty Company. and that he. os .'i.Uch, being authorized so lo do, executed lhe foregoing instn1ment fur lhc purposes therein c:ontilined by signing on beh11lf ol lhe corporntions by himself fl.Sa duly authorized officer In Wituc.ss Whereof, I hel'eunto sel 111y hand and official seal My Curnmi!-ision expires lhi; 30111 Jay or June, 2021 58440-5-16 Prinled in U SA Mane C. Tclre1tull. Notary Public W.;;A.;;RN ING: THIS POWER OF ATTORNEY IS INVALID WITHOUT "HE RED llOHDER SCADA REPLACEMENT PROJECT CITY AND SSC ELECTRIC, INC. DBA STROM ELECTRIC PAGE 10 OF 14 ---PAGE BREAK--- WARNING: fHl:i POWER OF AnORNeY IS INVALID WI I HOU r Tffi; 1;0 l!UHUEll Thi Puwt::r ul Attorney is granled um.Jee and by the authoriLy of th following resolutions adopted hy 1hΩ Roards of Directors- of Fannington Casually Compuny, Fidelity and Company, Fidelity and Guaranly lnsurnnc.:c Unc..lerwrilcrs, Inc,, St, Paul Fire nnd Murinc Insuruncc Company, SI. Paul Guardian [nsurance Company, St Paul Mercury fm,urance Company, Trnvelers Casualty and Surety Company. Travelers Casu WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on hehalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee anrl revoke the power eivP.n him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman , any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is l1'lJlU'llER l{ESOLVED, that any bond, 1ecogniLam;t:, cuutrat:l uf imlemuity, ur writing obligatory in the nature of a bond, recognizance, or conditional undertaking ;l1all lie vdliJ dud Lii11Jiug uvuu the Culll!Jauy wheu 8ig11eJ by the Presiuent, any Vice Chalrmun, uny Exccurlvc Vice President, any Senior Vice !'resident or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TF$TIMONY \.\!HF.RF.OF, 1 1111v11 lwrcל1111111 my lu111rf חnl1 זffi ·ed the en! f nid Companie.· 1his 3 1 s t d y of - -ΤA Υu""'"u =sΦtΧ · - - - - - · W 11. To verify the authenticity of this Power of Attorney, call 1-[PHONE REDACTED] or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above named individuals nnd the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WiTHOUT THE RED BORDER ---PAGE BREAK--- ŕ SSCELEC-01 BŖnllOER ACC>RD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYY) ŗ 08/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ŘřruŚcT Spokane Office r..tJ8, NJo Ext): (509) 838-3501 I Fffc. Nol: (509) 838-3511 PafneWe,st Insurance Inc. 50 N. Rlveriolnt Blvd., Ste 403 Spokane, W 99202 INSURERISl AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualtv Co of America 25674 INSURED INSURER B : Travelers lndemnitv Comoanv of Connecticut 25682 SSC Electric, Inc OBA Strom Electric INSURER c : Idaho State Insurance Fund 361 29 PO Box 370 INSURER D : Troy, ID 83871 INSURER E : INSURER F : COVERAGES CERTIFICATE N UMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1r.;i: TYPE OF INSURANCE Ů POLICY NUMBER EFś POLICY EXP LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 I CLAIMS-MADE 00 OCCUR x x 4TC0527D330ATIL 17 04/03/201 7 04/03/2018 DAMAGE TO RENTED $ 300,000 I Ea nrrurrence l - MED EXP l/Vtv one aersonl $ 1 0,000 PERSONAL & ADV INJURY $ 1 ,000,000 f- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl POLICY 00 Şşi D LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1 ,000,000 B AUTOMOBILE LIABILITY LIMIT $ 1 ,000,000 x ANY AUTO x x BA527D330A1 7CNS 04/03/201 7 04/03/201 8 BODILY INJURY (Per person) $ - OWNED - SCHEDULED - AUTOS ONLY - AUTOS BODILY INJURY (Per eccidanll $ HIRED NON-OWNED fpefg.i,hditjAMAGE $ - AUTOS ONLY - AUTOS ONLY $ A x UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 - CUP3J832630172S 04/03/201 7 04/03/201 8 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I x I RETENTION $ 1 0,000 Aggregate $ 5,000,000 c WORKERS COMPENSATION 1 1 n H- AND EMPLOYERS' LIABILITY Y / N 648990 03/19/201 7 03/19/201 8 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ ™'FICER/MEMBER EXCLUDED? N / A 500,000 andatory In NH) E.L. DISEASE - EA EMPLOYEE $ II yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPE RATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: City of Moscow SCADA Replacement Project City of Moscow is additional insured as per the attached forms. Coverage is primary and non contributory. Waiver of subrogation and per project aggregate applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moscow, City Hall THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Scott Bontrager, P.E. PO Box 9203 Moscow, ID 83843 AUTHORIZED REPRESENTATIVE 3J4 I ACORD 25 (201 6/03) © 1 988-20 1 5 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 . WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in surance provided to the additional insured shall be limited to the limits of liability re quired by that "written contract requiring in surance". This endorsement shall not in crease the limits of insurance described in Section Ill - Limits Of Insurance. b) The insurance provided to the additional in sured does not apply to "bodily injury", "prop erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw ings, opinions, reports, surveys, field or ders or change orders, or the preparing, approving, or failing to prepare or ap prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc curs before the end of the period of time for which the "written contract requiring insur ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in surance", whether primary, excess, contingent or on any other basis, that is available to the addi tional insured when that person or organization is an additional insured under such "other insur ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG 02 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The adoitional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur ance provided to the additional insured by this endorsement is primary to "other insur ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 ---PAGE BREAK--- COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV ERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi tional insured is an "insured" for Liability Cover age, but only for damages to which this insurance applies and only to the extent that person or or ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1 . The following is added to Paragraph A.1 Who Is An Insured, of SECTION II - LI ABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in that "em ployee's" name, with your permission, while EQUIPMENT - INCREASED LIMIT I. WAIVER OF DEDUCTIBLE - GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover age, the following are deemed to be cov ered "autos" you own: Any covered "auto" you lease, hire, rent or borrow; and Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1 Who Is An Insured, of SECTION II - LIABILITY COV ERAGE: CA T4 20 07 10 © 201 0 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ---PAGE BREAK--- COMMERCIAL AUTO Any "employee" of yours is an "insured" while us ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1 . The following replaces Paragraph A.2.a.(2) of SECTION II - LIABILITY COVERAGE: Up to $3,000 for cost of bail bonds (in cluding bonds for related traffic law viola tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II - LIABILITY COVERAGE: All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be cause of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC TION I - COVERED AUTOS: 1 . "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover age Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: $50,000; The actual cash value of the damaged or stolen property as of the time of the "loss"; or The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". This Coverage Extension does not apply to: Any "auto" that is hired, rented or bor rowed with a driver; or Any "auto" that is hired, rented or bor rowed from your "employee". G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para graph A.4.a., Transportation Expenses, of SECTION Ill - PHYSICAL DAMAGE COVER AGE: We will pay up to $50 per day to a maximum of $1 ,500 for temporary transportation expense in curred by you because of the total theft of a cov ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC TION Ill - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph Deducti· ble, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover age Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap parel and other personal effects which are: Owned by an "insured"; and In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Effects cover age. Page 2 of 3 © 201 0 The Travelers Indemnity Company. All rights reserved. CA T4 20 07 1 0 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ---PAGE BREAK--- K. AIRBAGS The following is added to Paragraph B.3., Exclu sions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1 ,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover age Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or DeCiarations for which Physicai Damage Cov erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO Any: Overdue lease or loan payments at the time of the "loss"; Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; Security deposits not returned by the les sor; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex tent required of you by a written contract exe cuted prior to any "accident" or "!oss", pro vided that the "accident" or "loss" arises out of the operations contemplated by such con tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 1 0 © 201 0 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its pennission. ---PAGE BREAK--- POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT{S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DesiQnated Proiect(s): Designated Project General Aggregate(s): E ACH "PROJE CT " F OR WHI CH YOU HAVE AGREED , IN A WR I TTE N CONTRACT WHI CH IS IN E F FECT DURING THI S POL I CY PERI OD , TO PROVIDE A SEPARATE GENE RAL AGGRE GATE L I MI T , PROVIDED THAT THE . CONTRACT IS S I GNED AND EXECUTE D BY YOU GENERAL AGGREGATE ' L I MIT SHOWN ON THE DECLARATIONS . . BEFORE THE "BODILY I NJURY" OR "PROPERTY DAMAGE " OCCURS . j A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur rences" under COVERAGE A. (SECTION and for all medical expenses caused by accidents un der COVERAGE C (SECTION which can be attributed only to operations at a single desig nated "project" shown in the Schedule above: 1 . A separate Designated Project General Ag gregate Limit applies to each designated "pro ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE except damages because of "bodily injury" or "prop erty damage" incl uded in the "products completed operations hazard", and for medi cal expenses under COVERAGE C, regard less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. .Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above_ 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur rences" under COVERAGE A. (S ECTION and for all medical expenses caused by accidents un der COVERAGE C. (SECTION which cannot be attributed only to operations al a single desig nated "project" shown in the Schedule above: CG D2 1 1 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 ---PAGE BREAK--- - · - 001378 COMMERCIAL GENERAL LIABI LITY 1 . Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Deslg nated Project General Aggregate Limit. C. Part 2. of SECTION Ill - LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit ls the most we will pay for the su.m of: a. Damages under Coverage B; and b. Damages from · "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above, D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage'' included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag gregate Limit, and not reduce the General Aggre gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you al which you are per forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of S ECTION Ill - LIMITS OF INSURANCE not otherwise modified by this en dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG 02 1 1 01 04 ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEN D ENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any i njury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent tha̹ coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured - Newly Acquired Or Formed Organizations F. Who Is An Insured - Broadened Named Insured - Unnamed Subsidiaries G. Blanket Additional Insured - Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: Chartered with a pilot to any Insured; Not owned by any insured; and Not being used to carry any person or prop erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1 . The first paragraph of the exceptions in Ex clusion Damage To Property, in Para graph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph Exclusions, of SECTION I - COVERAGES - COVERAGE A. BODILY H. Blanket Additional Insured - Lessors Of Leased Equipment I. Blanket Additional Insured - States Or Political Subdivisions - Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability - Railroads INJURY AND PROPERTY DAMAGE LI ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1 does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollu tion Injury Or Damage or Total Pollution Ex clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para graph 6. Of SECTION Ill - LIMITS OF IN SURANCE. CG D3 16 1 1 1 1 © 201 1 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 ---PAGE BREAK--- o- - - - - - 001378 COMMERCIAL GENERAL LIABI LITY 3. The following replaces Paragraph 6. of SEC TION 111 - LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will ripply to all "property damage" proximately caused by the same "occur rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion , or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI TIONS Section: a. A contract for a lease of premises. How ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The· following is added to the DEFINITIONS Section: "Premises damage" means "property dam age" to: a. Any premises while rented to you or tem porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1 of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: That is insurance for "premises damage"; or 7. Paragraph 4.b.(1 of SECTION IV - COMMERCIAL GENERAL LIABILITY CON DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1 . The following replaces Paragraph 1 of SUPPLEMENTARY PAYMENTS - COVER· AGES A AND B of SECTION I - COVER AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which tht: Budlly l11jur y Liability Coverage applies. We do not have to fur nish these bonds. 2. The following replaces Paragraph 1 of SUPPLEMENTARY PAYMENTS - COVER AGES A AND B of SECTION I - COVER AGES: d. All 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 $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1 . The foilowing is added to the definition of "oc currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.( 1 ) of SECTION II - WHO IS AN INSURED: Paragraph (1 above does not apply to "bodily injury" arising out of providing or fail ing to provide: "Incidental medical services" by any of your "employees" who is a nurse practi tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi cal technician or panm1edic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers'', other than an employed or vol unteer doctor. Any such "employees" or "volunteer workers" providing or failing lo provide first aid or "Good Samaritan ser vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi ness. Page 2 of 6 © 201 1 The Travelers Indemnity Company. All rights reserved. CG D3 1 6 1 1 1 1 ---PAGE BREAK--- 3. The following is added to Paragraph 5. of SECTION Ill - LIMITS OF INSURANCE: For the purposes of determining the applica ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per son will be deemed to be one "occurrence". 4. The following exclusion is added to Para g raph Exclusions, of SECTION I - COV ERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer gency medical services for which no compen sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex cess Insurance, of SECTION IV - COM MERCIAL GENERAL LIABILITY CONDI TIONS: The insurance is excess over any valid and collectible other insurance available to the In sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser vices", first aid or "Good Samaritan services'' to any person to the extent not subject to Paragraph 2.a.(1 ) of Section II - Who Is An Insured. E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II - WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim ited liability company, of which you are the sole owner or in which you maintain the ma jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or ganization. However: a. Coverage under this provision is afforded only: (1 ) Until the 1 80th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 1 80 days after you acquire or form it; or Until the end of the policy period, when that date is later than 1 80 days after you acquire or form such organization, if you report such organization in writing to us within 1 80 days after you acquire or form it, and we agree in writing that it will con tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in jury" or "advertising injury" arising out of an offense committed before you · acquired or formed the organization. F. WHO IS AN INSURED - BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara tions is a Named Insured if you maintain an own ership interest of more than 50% in such subsidi ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage'' that occurred, or "personal injury" or "advertising injury" caused by an of fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sut) sidiary. CG D3 16 1 1 1 1 © 201 1 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 ---PAGE BREAK--- = o- o- o- - = o- 001378 COMMERCIAL GENERAL LIABI LITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or 01 gctnizC1tion ct µrerriise::; owner, manager or lessor and that you h ave agreed in a written contract or agreement to in clude as an additional insured on this Coverage Part is an insured, but only wiih respect tu lictbiiity for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "pel'sonal injury" or "advertising injury" caused by an offense that is commit ted, subsequent to the execution of that con tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you . Tiie ir1:.ura11<.;e µrovided to such premises owner, manager or lessor is subject to the foiiowing pro visions: a. The limits of insurance provided to such premises owner, manager or lessor wil l be the miiiimum :imlts which you agreed to piO vide in the written contract or agreement, or the limits shown on the Declarations, which ever are less. b. The insu rance provided to such premises owner, manager or lessor does not apply to: (1 ) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver iising injury" caused by an offense that is committed , after you cease to be a tenant in that premises; or Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in surance must be primary to, or non contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur ance. H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT I. The following is added to SECTION II - WHO IS 1 AN INSURED: Any person or organization that is a n equipment lessor and that you have agreed in a written con tract or aǻreement to incl ude as an insured on this Coverage Part is an insured, but only with re- 1 spect to liability for "bodily injury", "property dam age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" lhat occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit ted, subsequent to the execution of that con tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. ` a bc c d e f g h The insura nce provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you ˘greed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "persona l i njury" or "advertising injury" caused by an of fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid a nd collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, o r non"contributory with , such other i nsurance, in whi ch case this insurance will be primary to, and non-contributory with, sucl:1 other in- surance. , BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMITS The following is added to SECTION II - WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you a re required Page 4 of 6 © 201 1 The Travelers I ndemnity Company. All rights reserved. CG 03 1 6 1 1 1 1 ---PAGE BREAK--- by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in jury" or "advertising injury" arising out of such op erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per sonal injury" or ''advertising injury" arising out of operations performed for that state or po litical subdivision; or b. Any "bodily injury" or "property damage" in cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR RENCE OR OFFENSE The following is added to Paragraph Duties I n The Event of Occurrence, Offense, Claim or Suit, of SECTION IV - COMMERCIAL GEN ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in surance provided under this Coverage Part to you or any insured listed i n Paragraph 1 . or 2. of Section II - Who Is An Insured: (1 ) Notice to us of such "occurrence" or of fense must be given as soon as practica ble only after the ''occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture) , any of your managers who is an individual (if you are a limited liability company), any of your "executive offi cers" or directors (if you are an organiza tion other than a partnership, joint venture or limited liability company) or any "em ployee" authorized by you to give notice of an "occurrence" or offense. If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur rence" or offense is known by: Any individual who is: A partner or member of any part nership or joint venture; COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or Any "employee" authorized by such partnership, joint venture, limited li ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de scribed in Paragraphs e. (1 ) or above d iscovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph Repre sentations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L BLANKET WAIVER OF SUBROGATION The fellowing is added to Paragraph TramĬfer Of Rights Of Recovery Against Others· Te> US:; of SECTION IV - COMMERCIAL GENERAL LIŔ ABILITY CONDITIONS: CG D3 1 6 1 1 1 1 © 201 1 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 ---PAGE BREAK--- - ·Σ 0 - - o- - - u_ . 001 380 COMMERCIAL GENERAL LIABILITY If the insure as agree m a con rac or agree ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc curs; or b. "Personal injury" or "advertising injury" c3uf:ed by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation , sickness or disease sustained by a person, inciuding deaih resulting from any of these at any time. N. CONTRACTUAL LIABILITY - RAILROADS 1 . The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de leted. Page 6 of 6 © 201 1 The Travelers Indemnity Company. All rights reserved. CG 03 1 6 1 1 1 1