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September ll, 2002 CHANGE OFmER NO. l ProJect: Mt. V1ew Road, Parad1se C reek to Street . ProJ. 118 00 1 1[\JSTALLUNCH ILLUMINATION CQNDUIJ An illumination plan has been worked out w1th A VISTA for the Mountamv1ew road Improvements. The C1ty of Moscow IS responsible tor mstalling condurts trom power sources to the new lurn1ranes. Steelman and Dutt Contractors have agreed to furn1sh and Install these conduits as part ot their contract for $5.00 per lmeal toot, in place. There IS 551 feet of condu1t requ9red to connect up the new light poles. SUBTOTAL . . . . . . . . $ 2,755.00 2. TOTAL. . EXISTING CONTRACT AMOUNT . . . . . . . . . . . $231,673.33 ET CIIMGE TillS GIIANGE ORDER. . . . . . . . . . . 4,448.00) c21 Secretary 2002-42 ---PAGE BREAK--- Memo To: Gary Riedner From: Dave Klatt cc: Chris Bainbridge Date: 9/25/2002 Reo Mountainview Change Order City of Moscow Engineering Dept. Attached is the Change Order for Mountainview Road for the Mayor's signature. As per our discussion the other day, I have advised Steelman-Duff to acknowledge that portion of the described wol1<. in which we are in agreement and to cross out that portion that we are in disagreement. I have initialed the changes as well. Again, as we discussed, there was a misunderstanding on the amount of decrease in topsoil price and the change order contains the incorrect price. In the interest of dosing out the project by the end of September, we have eliminated Topsoil from the change order and made adjustments (in our favor) to the contract line item. The contractor has agreed to the pay estimate revision. Sorry for the confusion . 1 ---PAGE BREAK--- CERTIFICA1 OF LIABILITY INSURA. LE I DATE 10109102 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ?RODUCtR MARSH ADVANTAGE kERICA A SERVICE OF SEABURY & SMITH PO BOX 2151 _S PO.Kl\rJE,____\'I_A 99210 INSURED Steelman-Duff, Inc. 1490 Fair Street Clarkston WA COVERAGES 99403 i . 11NSURER E: INSURERS AFFORDING COVERAGE Valiant Ins. Co. · · -"N'ortflernir18 · c-6-oTN-ew ··York: - . . . - Idaho State Insurance Fund - 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . . - A \ GENERAl LIABILITY -j COMMERCIAl GENERAL LIABIUTY 0 • CLAIMS MADE r--Xl OCCUR i}:_(D'AI_ner&c;ont_ Prot POLICY NUMBER CON38318011A AGGRE;!_ LIMIT AP PER: i "i POLICY I X I I ILOC i A i AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS : ! SCHEDULED AUTOS m\ ::0o:0:E0D5AUTOS GARAGE LIABILITY : ANY AUTO ! B - -G-lESS LIABILITY OCCUR CLAIMS MADE I OEOUCTiBLE RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY CON38317948A CON38318029A 1583780 J IDAHO WORK I COt1P i ' 413 0 I 02 413 0 I 0 3 I EACH OCCURRENCE_. ! • l 0 OOOO_Q_ 4130102 4130103 ' ! -=->-?@_DAMAG_5 (_}-I_yy{e fire) _ _ J ~ 3 0 0 0 9 Q _ L 5x_6_ (Anv__7_fl_':_ 1 0 0 0 q _ _ . PERSONAL & A':_I!JURY _ B _ _1 _Q Q 9 Q_Q_Q_ i GENERAL AGGREGATE COMBINED SiNGLE LIMIT lEa accident) I BODIL Y INJURY (Per person) :BODILY \NJURY {Per accident) PROPERTY DAMAGE {Per acc;dent) • $ 2000000 r; · - - 2o66"6oo - L _ $ 1000000 - . i AUTO ONLY- A ACCI[)E_N!. _ _ OTHER THAN AUTO ONLY EA ACC $ AGG $ i 4130102 4130103 ! EACH OCCURRENCE ;g_KM-JIHTE $ 400000( 400000C $ - ,c - 1 o I o 11 o 2 i 1 o I o 11 o 3 ·tx_Li;S l!iJ,¥ii. --'olt:L_ _ _ _ : H. EACH ACCIDENT I$ 1000000 ' · · f 5:xy_I?ISE!:_wE Q 0 U O 0 Q. J E.L. DISEASE· POLICY LIMIT ! $ 1 0 0 0 0 0 0 i ! DESCRIPTION OF OPERAT!ONSILOCATIONSIVEH!ClES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: MOUNTAIN VIEW ROAD - DIVISION II (PARIDISE CREEK BRIDGE TO STREET) ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF MOSCOW AS GRANTED BY THE POLICY. CERTIFICATE HOLDER i X I ADDITIONAl INSURED; INSURER LEITER: A CITY OF MOSCOW P.O. BOX 9203 MOSCOW, ID 83843 ACORD 25-S 17/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALl IMPOSE NO OBLIGATION OR LIABILITY OF Af"i: KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. @ACORD CORPORATION 1988 ---PAGE BREAK--- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S 17197) ---PAGE BREAK--- THE MARYLAND INSURANCE GROUP CONTRACTORS POLICY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this poiLcy restrict cover age. Read the entire policy carefully to deter mine rights, duties and what is ·and is not covered. Throughout this policy the words "you• and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured un der this policy. The words "we: "us· and •our" refer to the company providing this insurance. The word "insured" means any person or orga nization qualifying as such under WHO IS AN INSURED (SECTION Ill. Other words and phrases that appear in quota tion marks have special meaning. Refer to DEFINITIONS (SECTION VI. SECTION I - COVERAGES COVERAGE A BOOIL Y INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insur ance applies. We will have the right and duty to defend the insured against any ·suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking dam ages for "bodily injury· or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result But ( 1) The amount we will pay for dam ages is limited as described in LIM ITS OF INSURANCE (SECTION Ill); and Our right and duty to defend end when we have used up the appli cable limit of insurance in the pay ment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is 80 1402 Ed 3-96 covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "bodily liifury" and "property damage· only if: _ ( 1) The "bodily injury" or "property dam age" is caused by an "occurrence" that. takes place in the "coverage terntory•; and The "bodily injury" or "property dam age• occurs during the policy period c. Damages because of "bodily injury• in clude damages claimed by any person or organization for care, loss of ser vices or death resulting at any time from the "bodily injury." · 2 Exclusions. This insurance does not apply to: a Expected or Intended Injury "Bodily in jury" or "property damage" ex pected or intended from the standpoint of the insured This exclusion does not apply to "bodily injury" resulting frorr. the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or Őproperty damage• for which the insured is obligated to pa\ damages by reason of the assf.!ml?tior of liability in a contract or agreement This exclusion does not ·apply to liabi!itő for damages: ( 1) That the insured would have in th< absence of the contract or agree· ment; or Assumed in a contract or agreemer that is an "insured contract; pro vided the "bodily injury" or "propert damage· occurs subsequent to th execution of the contract or agree ment Solely for the purposes c liability assumed in an "insured con tract. " reasonable attorney fees an necessary litigation expenses incurre Page 1 of 17 ---PAGE BREAK--- If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit; we will defend that indem nitee if all of the following conditions are met a The "suit" against the indemnitee seeks damages for which the insured has as sumed the liability of the indemnitee in a contract or agreement that is an "in sured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occur rence" are such that no conflict appear to exist between the interests of the insured and the interests of the indem nitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" an agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: ( 1) agrees in writing to: cooperate with us in the investi gation. settlement or defense of the "suit"; immediately send us copies of any demands, notices, summonses or legal papers received in con nection with the "suit"; notify any other insurer whose coverage is available to the in demnitee; and cooperate with us with respect to coordinating other applicable insurance available to the indem nitee; and provides us with written authoriza tion to: obtain records and other· infor mation related to the "suit"; and conduct and control the defense of the indemnitee in such "suit" So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemnitee, necessary litigation expenses 801402 Ed 3-96 incurred by us and necessary litigation ex penses incurred by the indemnitee at our re quest will be paid as Supplementary Payments Notwithstanding the provisions of paragraph 2.h(2l of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Cov erages). such payments will not be deemed to be damages for "bodily injury" and "property :Jamage" and will not reduce the limits of msurance. Our obligation to defend an insured's indemni tee anÉ .to pay for attorneys fees and neces sary httgat1on expenses as Supplementary Payments ends when: · · a have Ê:sed up the applicable . limit of msurance 1n the payment of judgments or settlements: or b: The conditions set forth above, or the terms of the agreement described in paragraph f. above, are no longer met SECTION II - WHO IS AN INSURED If you are designated in the Declarations as: a An individual, you and your spouse arE insureds, but only with respect to thE conduct of a business of which you ar< the sole owner. b. A partnership or joint venture, you ar• an insured. Your members, your part· ners, and their spouses are also in· sureds, but only with respect to th conduct of your business. c. A limited liability company. you are E insured Your members are also insured but only with respect to the conduct c your business. Your managers are ir sureds, but only with respect to the duties as your managers. d An organization other than a partnershi joint venture or limited liability ((Ompar you are an insured. Your ·execuiiv"e o ficers· and directors are insureds. t only with respect to their duties as yc officers or directors. Your stockholdE are also insureds. but only with resp< to their liability as stockholders. 2. Each of the following is also an insured: a Your ·employees; other than either Y "executive officers• [If you are an or; nization other than a partnership. i' venture or limited liability compar:yl your managers {if you are a 11m liability company). but only for acts w the scope of their employment by or while performing duties related Page 7 of ---PAGE BREAK--- the conduct of your business. However, none of these "employees" is an insured for. "Bodily injury" or "personal injury•: To you. or your partners or mem bers (if you are a partnership or joint venture) . to your members Of you are a limited liability com pany) . or to a co-·employee• whOa that co-•employee" -is either in the course of his or her em ployment or while performing du ties related to the conduct of your business; (bl To the spouse, child. parent. brother or sister of that co •employee· as a consequence of paragraph above; (cl For which there is any obligation to share damages with or repay someone else who must pay dam ages because of the injury de scribed in paragraphs or above; or (dl Arising out of his or her provid ing or failing to provide profes sional health care services. "Property damage" to property: Owned. occupied or used by; or Rented to, in the care, custody, or control of, or over which physical control is being exer cised for any purpose by you, any of your "employees; any partner or member (if you are a partnership or joint venture). or any member [If you are a limited liability company. b. Any person (other than your "employee;, or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: ( ll With respect to liability arising out of the maintenance or use of that property; and Until your legal representative has been appointed d Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part 80 1402 Ed. 3-96 \ e. Your subsidiaries and subsidiaries of your subsidiaries will qualify as Named In sureds if shown as a Named Insured in the Declarations, or if not shown as a Named Insured in the Declarations: ( 1) Such entity has been incorporated or organized prior to the effective date of this policy, under the laws of the United States of America Oncluding any state thereof) , its territories or possessions or Canada [Including any province thereof) ; and You currently own an interest iri : . · such entity of more than fifty per-: cent Unless shown as a named insured in the Declarations, coverage under this provi sion is afforded only until the 180th day after the effective date of: (1 l Your first Commercial General Liabil ity Coverage Part policy period with us; or Your first Commercial General Liabil ity Coverage Part policy period with us after twelve or more months from the expiration of your last Commercial General Liability Cover- age Part with us. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work contract" that such person or organization be made an in sured under this policy. However, such person or organization shall be an in sured only with respect to covered "bodily injury; "property damage; "per sonal injury" and "advertising injury" which results from "your work" under that ·work contract" The coverage afforded to such person or organization does not apply to ·njury" or "property damage· occurring fter the earliest of the following times: ( 1) When "your work" under the •work contract" (other than service, mainte nance or repairs) has been com pleted When that portion of "your work" under the "work contract" out of which any injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for Page 8 of 17 ---PAGE BREAK--- a principal as a part of the same project When our coverage for you under this policy or a renewal of this policy terminates and is not contin ued by other insurance provided by us. Any person or organization to whom you are obligated by virtue of a written "insured contracr to- provide insurance such as is afforded by this policy, but only with respect to liability arising out of the ownership, maintenance, or use of that part of any premises or land leased to you This does not apply to: 1) Any "occurrence" that takes place after you cease to be a tenant on those premises or cease to lease the land; or Structural alterations. new construc tion or demolition operations per formed by or on behalf of such insured. h Any state or political subdivision but only as respects legal liability incurred by the state or political subdivision solely because it has issued a permit with respect to operations performed by you or on your behalf. i. This insurance does not apply to: "Bodily injury; "property damage; "personal injury" or "advetising in jury" arising out of operat1ons per formed for the state or political subdivision; or "Bodily injury" or "property damage• included within the •products-com pleted operations hazard." Any person or organization who is the lessor of equipment leased to you, but only with respect to their liability arising out of the maintenance, operation or use by you of such equipment subject to the following additional exclusions: This insurance does not apply to: Any •occurrence" which take: place after the equipment lease expres; or "Bodily injury" or "property. damage• arising out of the sole negligence of that person or organization. BO 1402 Ed 3-96 j. Any architect. engineer, or surveyor en gaged by you but only with respect to liability arising out of your premises or "your work." This insurance, with respect to such architects, engineers, or surveyors. does not apply to "bodily injury; "property damage; "personal injury• or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you. including: ( 1l The preparing. approving. or falling to prepare or approve maps, shop drawings, opinions, reports, surveys field orders, change orders or draw.: ings and specifications; Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or dam age; or Supervisory, inspection, or engineer ing services. k. Any mortgagee, assignee or receiver, but only as respects liability arising out . of your ownership. maintenance or use of premises. This insurance does not apply to struc tural alterations. new construction and demolition operations performed by or for such insured. 3. With respect to "mobile equipment" regis tered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such peron is also an insured, but only with respect to liability arising out of the operation of the equipment. and only if no other insurance of any kind is a)(ail able to that person or organization for this liability. However, n o person or organization is an insured with respect to: a "Bodily injury" t o a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or .the employer f any person who is an 1nsured under th•s provision. 4. Any organization you newly acquire or form, other than a partnership. joint venture . or limited liability company, and over wh1ch Page 9 of 17